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SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT 2009/10 16 FEBRUARY 2011. CONTENTS. Introduction Strategic and Operational Highlights Financial Report 2009/10 Budget and Expenditure Outcome

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SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

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  1. SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT 2009/10 16 FEBRUARY 2011

  2. CONTENTS • Introduction • Strategic and Operational Highlights • Financial Report • 2009/10 Budget and Expenditure Outcome • Audit Outcomes • Medium Term Expenditure • Challenges • Conclusion

  3. 1. INTRODUCTION • The Department of Justice and Constitutional Development (DoJ&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy (as referenced in the Introduction of the Annual Report (AR) page 9 - 11). In promoting this, the Department continued in the period under review with the pursuance of its Strategic Goals relating to: • Access to justice; • Enhancing organisational efficiency; and • Transforming Justice, State and Society. • The Department’s approach is premised on its Vision to achieve “Accessible and transformed justice services committed to the promotion of constitutional values” and is underpinned by the Mission “Together we provide accessible, fair, speedy, cost-effective and quality justice for all.” • In addition, the Department also provide certain legal services to the Government.

  4. 1. INTRODUCTION (cont.) • In the period under review the Department continued to deal with its core functions through services based on the following principles and values: • Commitment to Constitutional Values and a Culture of Human Rights; • Batho Pele; • Good Governance; • Ubuntu; • Professionalism and Continuous Improvement; and • Open Communication.

  5. 1. INTRODUCTION (continued) • The Department’s Key Strategic Measurable Objectives are as follows (AR page 14): • Capacitating and restructuring the courts and integrating the justice system; • Catering for the needs of vulnerable groups; • Improving the maintenance system to relieve pressure at courts and enhance standards of service delivery; • Broadening access to justice; and • Improving the efficiency of the National Prosecuting Authority (NPA) through its Programmes and Units. • In terms of the National Treasury estimates of National Expenditure Programmes, the Department’s activities and expenditure is dealt with through the following Programmes (AR page 14 - 16): • Programme 1: Administration • Programme 2: Court Services • Programme 3: State Legal Services • Programme 4: National Prosecuting Authority • Programme 5: Auxiliary and Associated Services

  6. 2. OPERATIONAL HIGHLIGHTS • Summary of Highlights, Achievements and noteworthy aspects: • Ensuring equitable access to justice services for all (AR page 17, 28) • The Department continued to focus on people living in townships and rural areas who previously had limited access to courts. • During the period under review it had already become clear that budget constraints will have an impact on future work done in this regard in terms of capital projects etc. • Highlights in this regard are: • The Department continued to correct and realign Magisterial Districts with Municipal Districts with 15 Branch Courts converted to full service courts: • Motherwell, Daveyton, Alexandra, Thembisa, Madadeni, Tiyane, Enkangala, Groblershoop, Jan Kempdorp, Kakamas, Keimoes, Poffader, Kathu, Atlantis and Khayelitsha • Established more Small Claims Courts (17) • Promoted the use of indigenous languages in the District Courts (Pilot Project 27 District Courts). • Completed 3 New Courts: • Galeshewe (N. Cape), Colesburg (N. Cape), Lutzville (W. Cape) • 3 Courts under construction: • Katlehong (GP), Polokwane High Court (LP), Ntuzuma.

  7. 2. OPERATIONAL HIGHLIGHTS (cont) Improving Access to Justice (Court Infrastructure) Budget constraints Although planning has already started on the 12 projects listed below, there are not sufficient funds for implementation and this may impact on service delivery in the future.

  8. 2. OPERATIONAL HIGHLIGHTS (cont) Appointment of key staff and decrease in vacancy rates During the period under review, we focused on strengthening our leadership and building capacity for improved service delivery ACHIEVEMENTS • Vacancy rate: • Vacancy rate dropped from 13.6% in 2008/09 to 10.7% in 2009/10 • Key Appointments: • Key appointments finalised include Director General, National Director of Public Prosecutions, Chief Justice and Public Protector Appointments finalised during the period under review:

  9. 2. OPERATIONAL HIGHLIGHTS (cont) Training through the Justice College ACHIEVEMENTS The Department improved capacity through training in strategic and operational areas

  10. 2. OPERATIONAL HIGHLIGHTS (cont) • The development and roll-out of the Integrated Case Management System (ICMS) that spans all disciplines of cases administered in the justice environment was finalised • ICMS: 11 773 896 case and business transactions conducted through ICMS. (AR page 18) • The Justice Management Information System (JMIS), which deals with extracting info for management purposes from the ICMS, was developed and rolled out in the previous years, is now fully functional. (AR page 53) • Challenges: IT infrastructure needed to support the roll-out of ICMS to courts is not fully funded; Existing servers and other systems are ageing and will need replacing; Further system development has been heavily affected by budget cuts. (Require about R128m)

  11. 2. OPERATIONAL HIGHLIGHTS (cont) • Facilitating the resolution of civil and criminal cases (AR page 18, 112) • In 09/10 the performance data of the Department and the NPA has been aligned and indicates that in contrast to previous financial years, more cases have been finalised in general (the finalisation rate improved by 12.5%) . • In this regard the statistics indicate the court sat an average of 03:46 hours a day, enrolled 1 044 346 new cases and disposed of 1 065 269 cases, resulting in a positive clearance ration of 2%. (See next slide graphical illustration – this is dealt with in more detail by NPA) • Positive also was that more use was made of Alternative Dispute Resolution mechanisms (ADRM) (increase by 31.1%) and that less cases were withdrawn (15.6% less) . • Both lower and high courts maintained high conviction rates – High Courts: 87.7%; Regional Courts: 74%; District Courts: 90.5%. • Sexual Offences Courts improved their conviction rate to 68%. • At 31 March 2010 there was 16.7% of backlog cases on the court rolls. (AR page 108) There was a continuation in the reduction of the Regional Court Backlogs: 46 Regional Backlog Courts managed to remove 6 830 cases during the period under review. The outstanding cases were reduced by 2.1% for the Regional Courts. In total since the project was initiated in November 2006, 19 942 cases have been removed from the Regional Court Rolls (which contributed to a 21.5% decrease in the backlogs). (AR page 109) • The number of backlog cases in the District Courts was reduced by 15.7%. (AR page 109)

  12. 2. OPERATIONAL HIGHLIGHTS (cont) Overview of Court Performance 12

  13. 2. OPERATIONAL HIGHLIGHTS (cont) FIFA World Cup Courts (AR page 73) • Key Activities during the planning of the FIFA World Cup led to the very successful coordination of the administration of justice and Cluster activities in this regard in 2010. During the period under review planning included: • Identification of 56 courtrooms (37 district; 19 regional) as dedicated courts in nine host cities • Appointments of: • 110 magistrates • 260 prosecutors • 110 Legal Aid attorneys • 93 foreign language interpreters • 110 local language interpreters • 1 140 court officials • 327 court orderlies • The integration of departmental plans with Safety and Security Cluster plans through the National Joint Operational and Intelligence Structure (NATJOINTS). • The training of foreign language interpreters in court processes and procedures, where required. • The recruitment of staff to ensure fewer disruptions of normal day-to-day operations.

  14. 2. OPERATIONAL HIGHLIGHTS (cont) • Protection and promotion of the rights of vulnerable groups (AR page 19, 78) • The Department continued to interact with other departments within the JCPS Cluster to develop legislation, policies and programmes that are aimed at protecting and promoting the rights of children, the aged, the disabled, women, the poor and other disadvantaged groups. The Department facilitated the preparation of the implementation of the Children’s Act, 2005 and the Child Justice Act, 2008. A National Policy Framework (NPF) on Child Justice was drafted and work on a draft NPF for sexual Offences and a Restorative Justice Strategy continued. • Children’s Cases: • 32 288 cases involving children were registered, 319 were diverted (pre-Child Justice Act) • 71% of Children’s Cases finalised within 3 months • The number of awaiting trial children were reduced by 50% in the 09/10yearto less than 300

  15. 2. OPERATIONAL HIGHLIGHTS (cont) • Developing legislation (AR page 20, 141) • During the year under review various substantive Bills as well as subordinate laws and Rules of Court (10) were dealt with. • Bills introduced into Parliament included: • Constitution Seventeenth Amendment Bill (Municipal Functions) • Protection of Personal Information Bill • Protection from Harassment Bill • Prevention and Combating of Trafficking in Persons Bill •  Bills that were on the Department’s legislative programme for the year under review: • Recognition of Muslim Marriages Bill • Legal Practice Bill • Judicial Matters Amendment Bill • State Liability Bill • Prevention and Combating of Hate Speech, Racial Discrimination, Xenophobia and Related Intolerance Bill • South African Human Rights Commission Amendment Bill

  16. 2. OPERATIONAL HIGHLIGHTS (cont) Developing and promoting the Constitution (AR page 21) • The Department continued with promotion of the guarantees in the Constitution through legislation such as Promotion of Access to Information Act, 2000 (PAIA), Promotion of Administrative Justice Act, 2000 (PAJA) and Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA). • In the period under review the Department designated all Magistracy Courts as Equality Courts and has seen an increase in the number of cases enrolled at these Courts. Cases increased from 447 in 08/09 to 508 in 09/10 • The training material for the PAJA Act was completed during the preiod under review • The Department also increased its programmes aimed at educating the public on justice and constitutional matters and strengthening participatory democracy (in partnership with the European Union and the Foundation for Human Rights) by providing support to civil society to protect and promote a human rights culture. • In the period under review, 166 schools were visited. Approximately 43 000 people have been reached so far in terms of promoting awareness of constitutional rights. Additional Funds were received from the EU in January 2010 to support our constitutional development. • The department ran radio shows to educate the public about justice and constitutional matters (next slide)

  17. 2. OPERATIONAL HIGHLIGHTS (cont) Public Education and Communication (AR page 59) Justice on the Airwaves and Law on Call were produced as a result of a partnership between the department and the SABC to educate the public about the values contained in the Constitution and the process of accessing justice services. Justice on the Airwaves Law on Call

  18. 2. OPERATIONAL HIGHLIGHTS (cont) Improving Access to Services of the Master • There are 14 Masters offices in the High Courts • All Magistrate Courts are designated as service points for Master’s Services • To improve access to the Guardian’s Fund, the department is integrating the Guardian Funds • system with the ICMS system, which will lead to Guardian Funds services delivered in 480 • magistrate’s courts. • Aspects pertaining to Deceased Estates are contained in the next slide. • Challenges: • Appointment of Assistant Masters in magistrate courts is delayed by lack of funds • Accommodation (office space and infrastructure) is a challenge in certain courts

  19. 2. OPERATIONAL HIGHLIGHTS (cont) Guardians fund Growth in beneficiary receipts and payments

  20. 2. OPERATIONAL HIGHLIGHTS (cont) • Supervising the administration of Deceased and Insolvent Estates (AR page 21) • In the period under review the Department experienced an increase of 10% of Estate Matters received (130 635 new matters of which 88 551 were files on estates of less than R125 000). Of the 88 551 estates 92% were finalised.

  21. 2. OPERATIONAL HIGHLIGHTS (cont) • Providing Legal Advice Service and Protection of all Organs of State (AR page 21) • To deal with the functions in this regard the Department expanded the establishment of the State Attorney by 209 posts (unfortunately not all filled due to lack of funds) and appointed 24 advocates to deal with 648 High Court matters. • The Department won 14% of the cases, lost 6%, settled 18% out of court, 7% awaiting judgment and 55% judgments postponed (mainly because there are not enough judges, particularly in North and South Gauteng and because of the level of complexity of the cases) • The Department saw an improvement of the provision of advice and certification of international agreements and legislation: • 294 requests for certification of international agreements received and 285 finalised • 187 requests for the certification of bills and regulations received and 155 finalised

  22. 2. OPERATIONAL HIGHLIGHTS (cont) • Transformation of the Legal System • During the period under review, State Legal Services issued 5 804 briefs to Black practioners to the value of R261, 941 million (74% of the total) • Other Legislative instruments that will support transformation within the legal system are: • The Legal Practice Bill • Superior Courts Bill • Constitutional Amendment Bill

  23. 2. OPERATIONAL HIGHLIGHTS (cont) • JCPS Cluster Activities (AR page 22) • The Minister and the Department plays a leading role in the Cluster and the coordination of activities to ensure that all people in South Africa are and feel safe . The mandate of the Department relating to the upholding of the protection of the Constitution and the Rule of Law was continued through collaboration within the JCPS Cluster. • Part and parcel of the activities in this regard was the continuation of the implementation of the Seven Point Plan following the finalisation of the CJS Review research and investigations and the development of the JCPS Delivery Agreement dealing with the Government’s Cluster priorities and outcomes. • Through the CJS we have adopted an integrated approach to ensure that the CJS is a holistic continuum that stretches from where a crime is committed to the police, to the prosecutors, to the courts, to Social Development and Correctional Services, and to restoration and integration back into the communities.

  24. 2. OPERATIONAL HIGHLIGHTS (cont) • In terms of the implementation of the Seven Point Plan various protocols were developed and implemented to enhance the integration and effectiveness of the CJS, screening mechanisms and the trial readiness of cases, as well as a protocol on the taking and processing of forensic samples, and the Court Protocol on Legal Aid Cases, improving coordination between SAPS, NPA, Legal Aid South Africa, DCS, DoJ&CD and the Judiciary as well as Departments such as Health, Social Development, Home Affairs and Education. • The video postponement system that was developed between courts and correctional facilities is now available in 45 courts. • An Inter-sectoral Management of Remand Detainees Task Team, at deputy director-general level, has been appointed to fast-track initiatives regarding improving the awaiting trial detainee situation. • Various standard operating procedures (SOPs), manuals and policies have been developed, e.g. case flow management. • Bail management has been strengthened and the use of information technology systems to provide an integrated management information system to the cluster departments and the Justice Crime Prevention and Security (JCPS) Cluster overall.

  25. 2. OPERATIONAL HIGHLIGHTS (cont) • Transformation of the Judiciary (AR page 25) • Significant progress has been made in ensuring the entrenchment of the independence of the judiciary and the rule of law and substantial work been done relating to the Constitution Amendment Bill and the Superior Courts Bill. • The Office of the Chief Justice has been strengthened as a precursor in the transition to the establishment of a separate Court Administration for the Judiciary. • A number of staff have been deployed to the Office of the Chief Justice to assist with the strengthening of the Office of the Chief Justice and to deal with research and the development of proposals and action plans. • Principles to underpin policy in the above have been developed.

  26. 2. OPERATIONAL HIGHLIGHTS (cont) Extension of Civil Jurisdiction • Terms of Reference for the Civil Justice System Review were developed and the preparation for the extension of Civil Jurisdiction to the Regional Courts received attention. • The Jurisdiction of Regional Courts Amendment Act makes it possible for Regional Courts to hear divorce matters. Implementation Plans required capacitating of Regional Court staff to handle these cases; training; as well as accommodation for the additional staff.

  27. 2009/10 BUDGET AND EXPENDITURE OUTCOME(This is dealt with in the Annual Report as Part 4, as part of the Annual Financial Statements) 3. FINANCIAL REPORT 27

  28. 3. FINANCIAL REPORT Key Observation: 2009/10 Financial Year • The Department received substantially less funding than was requested to deal with all its increased responsibilities, including the implementation of legislation. • Improved departmental spending – expenditure increased from 99,4% in 2008/09 to 99,8% in 2009/10. • Under spending decreased with R28 million from R41,4 million in 2008/09 to R13 million in 2009/10. • Spending on compensation of employees at 99,5 % of parliamentary approved budget whilst absorbing carry through costs of OSD expenditure within baseline through reprioritisation and cost curtailment. • Goods and services spending at 100%. • Reprioritisation to fund Guarding Services and Capital Works.

  29. 3. FINANCIAL REPORT (cont) Department of Justice and Constitutional Development – Excluding NPA (AR page 213 par 1.4)

  30. 3. FINANCIAL REPORT (cont) Voted Funds Report Departmental expenditure (R’000) (AR page 239)

  31. Expenditure per Economic Classification (AR –page 240)

  32. 3. FINANCIALREPORT (cont) Voted Funds Report Departmental revenue (R’000) (AR page 29 ) • Fines, penalties and forfeits is revenue from court fines, penalties on appeals lost and court orders as well as forfeits or unclaimed monies. • Interest represents interest made on bank accounts and debt. • Sales include revenue from legal fees, photocopies, licences and waste paper. • Transfers received refer to monies received as donations other than RDP-funds. • Sale of capital assets is revenue obtained through the sell of capital assets. • Financial Transactions mainly refer to revenue from the recovery of loans, parking, cash surpluses.

  33. 3. FINANCIAL REPORT (cont) Voted Funds Report Transfer Payments (‘000) (AR page 29)

  34. AUDIT OUTCOMES 34

  35. 3. FINANCIAL REPORT (cont) Audit Qualifications History Audit qualifications for the last 10 years 35

  36. 3. FINANCIAL REPORT (cont)

  37. The Strategic Turnaround Plan targets key failure points in governance, people management, methods and practices as well as addressing the impact on changes in the wider operating environment. On a detailed level, specific action plans have been drawn up to address perennial hotspots such as Supply Chain Management, Asset Management and Management of Third Party Funds. As a result , 4 out of the previous 5 audit qualifications (2008/09) were resolved through the following initiatives: Asset Turnaround project (see next slide) Leases project Leave management initiatives Training of financial staff in Regions & Branches 3. FINANCIAL REPORT (cont) Achievements – DoJ & CD Turnaround Plan

  38. 3. FINANCIAL REPORT (cont) Asset Turn Around Project

  39. During the 2009/10 financial year the Department embarked on the following projects to eliminate previous financial audit qualifications as well as other critical areas of concern highlighted by the Auditor General: Asset Turnaround project (Multi-year initiative) Leases project (One year project) Training to Branches and Regions with regards to the submission of accurate and reliable information for the compilation of Financial Statements (One year initiative) As a result of the aforementioned initiatives these issues were resolved, however sustainability thereof is a challenge due to the following: High staff turnover (CFO vacancies - 29%) Lack of competencies and skills Insufficient financial management capabilities Inconsistent structures and reporting lines Geographical landscape and widely dispersed offices of the department Financial constraints 3. FINANCIAL REPORT (cont) Sustainability of previous initiatives

  40. 3. FINANCIAL REPORT (cont) Vote Account Qualifications • Third Party Funds (TPF) • Departmental Revenue, • Contingent Liability Disclosure note and • Receivables for Departmental Revenue Disclosure note • Previous audit qualification • Qualification refers to the impact of the financial administration of the Third Party Fund (TPF) on the Vote Account • Tender awarded to produce reliable, accurate and complete AFS from 2007/08 – 2010/11; • Electronic Maintenance Payments (Centrally) • Decentralisation of the Electronic Maintenance Payments to improve turnaround times

  41. EFT Payments

  42. Irregular Expenditure * New audit qualification The qualification on irregular expenditure relates to payments made in contravention with the Preferential Procurement Policy Framework Act – the Department applied the BBBEE Code of Good Practice instead of the PPPFA regulations. These contracts were entered into between the period 1 July 2005 to 31 December 2009 (BIDS) and with regards to quotations 2005 to date. The audit qualification relates to the fact that the amount of irregular expenditure from 2005 could not be determined by the time of finalizing the audit report. The amount in involved has been quantified and the process to approach National Treasury for guidance on how to deal with this matter is currently underway. The department is resolving the non-compliance through training initiatives. 3. FINANCIAL REPORT (cont) Vote Account Qualifications

  43. 3. FINANCIAL REPORT (cont) Key Initiatives to Achieve NAQ • DoJ&CD is one of 10 Departments included in the National Treasury’s Strategic Support Plan • National Office of the CFO – Formulating and guiding, consolidating and monitoring the • implementation of the Turnaround Initiatives (Monthly Financial Management Monitoring • Matrix) – Template derived from Financial Management Maturity Survey conducted by NT • Basics of good financial management) • 1st survey – 2008 • 2nd survey – 2010 • Monthly report back on action plans to address deficiencies • Root cause analysis done 2009 included • SCOPA resolutions – progress included • AG management letter – findings included • AG Key Controls Reviews - included • Compliance monitoring – included • AFS Key Disclosure notes – included

  44. 3. FINANCIAL REPORT (cont) Key Initiatives to Achieve NAQ • National Treasury Strategic Support Plan • The objectives are to: • Enhance financial maturity in general • Improve audit outcomes of the department • Ease financial control in general • Focus areas: • Asset management (sustainability of 2009/10 initiative) • Third Party Funds • Finance leases (sustainability of 2009/10 initiative) • Goods & Services • Compensation of employees • Transfer of payments • Performance Information • Internal Audit • Risk Management

  45. 3. FINANCIAL REPORT (cont) Key Initiatives to Achieve NAQ • The Monthly Financial Management Monitoring Matrix (MFMMM) replaces Audit Action Plans – components included: • SCM/Asset Management • Expenditure Management • Liability Management • Revenue Management • Human Resources / Compensation of Employees • Transfer Payments • Other focus areas • Performance Information • Regions / Branches • Monthly Financial Management Monitoring Matrix (MFMMM) – monthly reporting by Regions / Branches for consolidation by National Office champions.

  46. 3. FINANCIAL REPORT (cont) Key Initiatives to Achieve NAQ • Interim Capacity Support • CFO Training and Capacity Building Initiatives • Training Initiatives : • Cash Hall Training ( Vote, TPF & SCM) • SCM (Preferential Procurement Policy Framework ) • Finances for Court/Office Managers (Budgets, Internal Controls, SCM, Payments, Receipts legislation and policies) • 7. Audio Visual Aids Distribution to All Area Court Managers, FOMS and Regional Functionaries • Leases – Procedure & Payment Presentation • BAS – Financial transaction capturing and report request • Cash Hall Procedures – Payments, Receipts, Petty Cash, PAYE and Agency Services

  47. 3. FINANCIAL REPORT (cont) MEDIUM TERM ESTIMATES

  48. MTEF BUDGET ALLOCATIONS:Year on Year Growth 3. FINANCIAL REPORT (cont) 48

  49. Reduced budget allocations … do more with less… Minister of Finance 3. FINANCIAL REPORT (cont) Reducing budgets with R1,482 billion …. But expected to absorb inflationary pressures and still expand services !!! 49

  50. Budget Allocations per Programme 3. FINANCIAL REPORT (cont) 50

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