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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT SELECT COMMITTEE ON JUSTICE AND SECURITY Annual Performance Plan 2014/15 16 July 2014

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Title: DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT SELECT COMMITTEE ON JUSTICE AND SECURITY Annual Performance Plan 2014/15 16 July 2014


1
DEPARTMENT OF JUSTICE AND CONSTITUTIONAL
DEVELOPMENT SELECT COMMITTEE ON JUSTICE AND
SECURITY Annual Performance Plan 2014/1516
July 2014
2
CONTENTS
  • Introduction
  • Mission, Vision, Principles and Values
  • 2. Mandates
  • Constitutional, Legislative
  • National policies
  • Changes made in the current plans
  • Risks and challenges
  • Areas with funding constraints
  • Strategic objectives and targets
  • Programme 1 Administration
  • Programme 2 Court Services
  • Programme 3 State Legal Services
  • Programme 5 Auxiliary And Associated Services
  • (Integrated Justice Service programme only)
  • 8. Attachments
  • Annexure 1 Indicators and Targets in the Annual
    Performance Plan 2014/15

2
3
INTRODUCTION
Vision A transformed and accessible justice
system that promotes and protects social justice
and the rule of law  Mission To provide
transparent, responsive and accountable justice
services for all.    Principles and
Values Commitment to constitutional values and a
culture of human rights Promotion of the Rule of
Law Batho Pele Good governance Ubuntu Professiona
lism and continuous improvement  Transparency
3
4
MANDATES
Constitutional mandate
Constitutional mandate
  • The Departments key constitutional mandate is
    the administration of Justice, which it derives
    from Chapter 8 of the Constitution Courts and
    Administration of Justice
  • Constitution Seventeenth Amendment Act, 2012,
    which was enacted in 2013 has introduced
    significant amendments to Chapter 8 of the
    Constitution. Important amendments are the new
    section 165(6) which affirms the Chief Justice as
    Head of the Judiciary and assign to him or her
    the responsibility to oversee the development and
    monitoring of norms and standards for the
    performance of all courts
  • Accompanying the Constitution Seventeenth
    Amendment Act is the Superior Courts Act, 2013
    which was enacted in 2013. Both the Constitution
    Seventeenth Amendment Act and the Superior Courts
    Act came into operation on 23 August 2013.
  • Importantly, the Superior Courts Act lays the
    basis for judicial institutional reforms by -
  • establishing a legislative framework for the
    Chief Justice to exercise his or her judicial
    leadership responsibilities supported by the
    Office of the Chief Justice
  • prescribing a legislative mechanism for the
    rationalisation of High Courts
  • providing for the delegation of certain functions
    flowing from the Superior Courts Act to the
    Office of the Chief Justice

4
5
MANDATES
Constitutional mandate
  • Following the finalisation of the Superior
    Courts Act and discussions with the OCJ
  • the following initiatives are envisaged for
    2014/15
  • (i) Transfer of the administration of all
    Superior Courts to the OCJ
  • (ii) Establishment of fully-functional internal
    controls and accounting systems for the OCJ
  • (iii) Assisting with the creation of separate
    vote for OCJ
  • (iv) Strengthening of governance structures of
    the SAJEI

5
6
MANDATES
  • Legislative mandates
  • The Department derives its statutory mandate from
    various statutes and subordinate legislation. The
    following are categories of functions emanating
    from different legislative instruments, that are
    relevant to the Department
  • Legislation providing for the establishment of
    Superior Courts and Lower Courts as well as
    specialist courts which are both at the level of
    the High Court and Magistrates Courts. Important
    legislation among these are the following
  • The Superior Courts Act, 2013. The Act provide
    for assignment of certain functions to the Office
    of the Chief Justice (OCJ) these include support
    to the Heads of Courts, Judicial Service
    Commission and the Judicial Education Institute.
    It is for this reason that OCJ must have its own
    separate vote of Transfer of the administration
    of all Superior Courts to the OCJ
  • The Magistrates Courts Act, 1944 (Act No. 32 of
    1944). The Magistrates Courts is out-dated.
    Processes are underway to develop a Lower Courts
    Bill to repeal the Magistrates Court Act

6
7
MANDATES
  • Legislative mandates
  • Legislation providing for the establishment and
    functioning of the National Prosecuting
    Authority, the Special Investigating Unit and the
    Asset Forfeiture Unit, the conduct of criminal
    proceedings, the investigation of organised crime
    and corruption, and the forfeiture of assets
    obtained through illicit means (the National
    Prosecuting Authority Act of 1998, the Criminal
    Procedure Act of 1977, the Prevention of
    Organised Crime Act of 1998, the Special
    Investigation Units and Special Tribunals Act of
    1996 and the Witness Protection Act of 1998)
  • c) Legislation providing for the establishment
    and functioning of bodies responsible for legal
    aid (the Legal Aid Act of 1969)
  • Legislation providing for the establishment of
    bodies responsible for law reform and
    rule-making, the South African Law Reform
    Commission Act of 1973 and the Rules Board for
    Courts of Law Act of 1985)
  • Legislation providing for the appointment of
    masters of the high courts and the administration
    of the Guardians Fund and deceased and insolvent
    estates (the Administration of Estates Act of
    1985 and the Insolvency Act of 1936)

7
8
MANDATES
Legislative mandates
  • Legislation regulating the provisioning of legal
    advisory services to government departments (the
    State Attorneys Act of 1957)
  • Legislation relating to the promotion, protection
    and enforcement of certain human rights (the
    Promotion of Administrative Justice Act of 2000,
    the Promotion of Access to Information Act of
    2000, and the Promotion of Equality and
    Prevention of Unfair Discrimination Act of 2000)
  • Legislation pertaining to the protection of
    vulnerable groups (the Child Justice Act of 2008,
    the Childrens Act of 2005, the Criminal Law
    (Sexual Offences and Related Matters) Amendment
    Act of 2007, the Maintenance Act of 1998 and the
    Domestic Violence Act of 1998)
  • Legislation providing for support to Chapter 9
    institutions (the Human Rights Commission Act of
    1994 and the Public Protector Act of 1994) and
  • Legislation pertaining to debt collectors and
    sheriffs

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

.....Contd
9
10
NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP)
  • a) Chapter 11 Social Protection
  • Services offered through the Office of the Chief
    Family Advocate (CFA)
  • Family Advocates assist children with issues of
    custody, access and guardianship in family
    disputes. The CFA, will continue to
  • Improve mediation services towards full
    compliance with legislation
  • Improve turnaround times in lodging childrens
    reports with the courts and
  • Widening the net of child protection against the
    harmful effects of international child abduction,
    in line with the Hague Convention. In particular,
    increase acceptances of accession to include our
    nearest neighbours - Lesotho and Zimbabwe.

.....Contd
10
11
NATIONAL POLICIES
1. National Development Plan 2030 (NDP)
  • b) Chapter 12 Building Safer Communities
  • The key focus areas under the Seven Point Plan of
    the Criminal Justice Review involves improving
    court efficiency by, amongst others, making
    changes to court processes and criminal matters
    through short and medium term proposals. In
    addressing this the Department has set targets
    on improvement in court processes, which
    include
  • Increased usage of audio-visual remand systems
  • Implementation of digital court records, improved
    court record transcriptions
  • Improved management of criminal appeal processes
    and reviews
  • Decreasing the rate of court postponements due to
    administrative challenges.
  • Provision of an integrated and seamless National
    CJS Information System to facilitate more
    informed strategies, plans and decision making as
    well as to facilitate better day-to-day
    operational management.
  • Development and implementation of Protocols to
    improve court efficiency.
  • In addition, the Department will continue to work
    together with Correctional Services to reduce t
    he number of remand detainees

.....Contd
11
12
NATIONAL POLICIES
1. National Development Plan 2030 (NDP)
  • b) Chapter 12 Building Safer Communities
  • Access to Justice is a critical component of
    building safer communities.
  • In line with these initiatives, the Department
    will continue to
  • Convert branch courts into full-service courts,
    in line with available budget. This project
    addresses the legacies of inequality of access.
  • Align magisterial boundaries with municipal
    boundaries to improve access to courts.
  • Build new courts, in line with available budget.
  • Establishment of small claims courts in each
    magisterial district.
  • Details will be discussed under Programme 2

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

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

14
15
NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP)
  • c) Chapter 13 Building a Capable State
  • The Department supports the building of a
    capable state through initiatives involving
    people development, systems development and
    improving governance initiatives
  • (i) Staff Development
  • The DOJCDs Justice College offers in-house
    training courses for, among others
  • anti-corruption, maintenance, sexual offences,
    domestic violence, child law, foundation
    management, service excellence, quasi-judicial
    services, prosecutorial, interpreting and
    Masters of the High Court services.
  • For courses not offered , the college assists the
    Department by outsourcing.
  • (Details under Programme 1)

15
16
NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP)
  • c) Chapter 13 Building a Capable State
  • (i) Staff Development (Bursaries)
  • For the 2013/2014 financial year, forty 40
    skill sets were identified as scarce skills in
    the Department, including international Law,
    legislative drafting, forensic investigations,
    legal research, cyber law and environment and
    maritime law.
  •  
  • Bursaries were awarded to employees studying
    across 28 fields of study including safety and
    security, logistics, supply chain, legal
    interpreting, language practice, finance and
    accounting and at seventeen accredited education
    institutions such as universities, universities
    of technology and FET colleges.
  • The department is currently managing a total of
    1481 bursaries, and the profile of bursary
    holders are as follows

African Female African Male Coloured Female Coloured Male Indian Female Indian Male White Female White Male Disabled
789 463 13 57 35 23 71 30 14
16
17
NATIONAL POLICIES
1. National Development Plan 2030
(NDP) c) Chapter 13 Building a Capable
State (i) Youth Development The Department
aims to build capacity to deliver services
through the use of internships and learnership
programmes. These programmes involve matriculants
and graduates in the areas of law, ICT and
public management.
Youth training programmes in 2013/14 and 2014/15
2013/14 2014/15 (planned)
Learnerships 308 200
Internships 16 550
A formal mentorship programme will be
established in the Department to facilitate
development of young people
17
18
NATIONAL POLICIES
  • National Development Plan 2030 (NDP)
  • c) Chapter 13 Building a Capable State
  • (i) Development of management systems
  • The Department will focus on developing systems
    that improve the ability of management to
    effectively perform their management tasks or
    improve efficiencies within operations. Key
    initiatives within this area, include
  • Further enhancements and developments in the
    Integrated Case Management Systems (ICMS) that
    enable effective monitoring of cases handled in
    different areas of the Department, including
    State Attorney systems. (Ref Program 2, 3 and
    5).
  • Continuation of the implementation of the
    Integrated Justice System (IJS) that will assist
    government to identify and address blockages
    within the justice system (Ref Program 5).
  • Introduce systems that will assist the Department
    to achieve and sustain unqualified audit
    opinions, particularly in the area of Third Party
    Funds .
  • Continuation of projects on digitisation of court
    records and audiovisual remand system.
  • (details under Programme 2 and 3)

18
19
NATIONAL POLICIES
1. National Development Plan 2030 (NDP) d.
Chapter 14 Promoting Accountability and fighting
corruption Under this Chapter, the NDP
identified proposals within the Judicial system
that will enable the country to effectively fight
corruption and promote accountability. These are
as follows
NDP Proposals Action from DOJCD
1 Scale-up Judicial training dramatically and as quickly as possible Finalise governance arrangements of the SAJEI
2 Accelerate reforms to implement a judiciary-led independent court administration A discussion document is being prepared for on-going discussions with the Chief Justice
....contd
19
20
NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP)
  • Chapter 14 Promoting Accountability and fighting
    corruption

NDP Proposals DOJCD Action
3 Establish a clear criteria for appointment of judges with emphasis on the candidates progressive credentials and transformatory judicial philosophy and expertise Guidelines already established The Department, through consultation, can assist in the review.
4 Consider the structure and effectiveness of the Judicial Service Commission This responsibility lies within the OCJ
5 Consider the extension of community service to legal graduates to promote speedy finalisation of cases, particularly in Lower Courts The Legal Practice Bill has been finalised and awaits approval. Community service for legal professionals is included in this Bill. Capacity to oversee the implementation of the Legal Practice Bill and the amendment of the State Attorney Act is currently being established within the DOJCD
20
21
NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP)
  • Chapter 14 Promoting Accountability and fighting
    corruption
  • Concerted efforts of the JCPS Anti-Corruption
    Task Team (ACTT) include the following results
  • More than 800 persons are currently under
    criminal, financial and/or forensic
    investigation, with pre-trial proceedings
    initiated against 298 persons by the end of
    December 2013.
  • Actual trial proceedings have been initiated
    against 174 persons by the end of December 2013
  • In June 2013, the JCPS Clusters demonstrated its
    commitment to deal with corruption by releasing a
    list containing 42 names of people who have been
    convicted of fraud and corruption.
  • By the end of December 2013, 48 persons were
    convicted in cases where more than R5mil illicit
    gains were involved
  • Freezing Orders were obtained against 67 persons
    by the end of December 2013
  • Efforts to combat crime within the JCPS cluster
    will continue in the new MTSF cycle.

21
22
NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP)
  • Chapter 14 Promoting Accountability and fighting
    corruption

Within the Department, awareness, prevention
and investigation efforts will continue in the
2014/15 financial year. (Ref Programme 1)
22
23
NATIONAL POLICIES
1. National Development Plan 2030 (NDP)
  • e. Chapter 15 Transforming Society and Uniting
    the Country.
  • The Departments constitutional development
    branch works extensively in the area of
    transforming society. Initiatives that have been
    included in the APP are as follows
  • Implementation of human rights legislation
  • Promotion of Administrative Justice Act (PAJA)
  • The Department continues to receive support from
    the GIZ (German funding) towards improved
    compliance with the PAJA.
  • In the 2014/15 financial year increased efforts
    will focus on capacity building initiatives for
    government departments and identified provinces
    on the application of the PAJA mainstreaming
    guide.
  • Training will be provided by the Department and
    Justice College.

23
24
NATIONAL POLICIES
1. National Development Plan 2030 (NDP)
  • e. Chapter 15 Transforming Society and Uniting
    the Country.
  • Implementation of human rights legislation
  • Promotion of Access to Information (PAIA)
  • In ensuring compliance with PAIA legislation for
    the Department and other government entities,
    the department will do the following
  • Establish the necessary institutional framework
    for the implementation of PAIA e.g.
    establishment and functioning of
    intra-governmental committees
  • Assisting Departments to have filing plans
    according to National Archives Act

24
25
NATIONAL POLICIES
1. National Development Plan 2030 (NDP)
  • e. Chapter 15 Transforming Society and Uniting
    the Country.
  • (i) Implementation of human rights legislation
  • Promotion of Equality and the Prevention of
    Unfair Discrimination Act
  • In facilitating compliance with legislation
    PEPUDA, the Department will continue with
    training of equality court clerks, implementing
    public information campaigns to educate the
    public regarding equality courts, strengthening
    partnerships with civil society organisations and
    chapter 9 institutions.
  • (ii) Creating actively engaged and critical
    citizen with a culture of human rights and
    tolerance.
  • Implementation of Programmes through the
    Foundation for Human Rights (Ref Programme 3)
  • Implementation of the National Action Plan on
    Racism (Program 3)
  • Implementation of a National Policy on LGBTI
    (Programme 3)

25
26
NATIONAL POLICIES
1. National Development Plan 2030 (NDP)
  • e. Chapter 15 Transforming Society and Uniting
    the Country.
  • (ii) Implementation of recommendation of the
    Truth and Reconciliation Commission
  • Details available under Program 1
  • Promotion of all official languages
  • The Department has a Translation Unit within the
    Office of the Chief State Law Adviser,
    established in recognition of section 6 of the
    Constitution, which requires all official
    languages to receive equal esteem. All
    legislation and other legal documents are
    translated in different languages.
  • Other initiatives that will continue in the
    Department include translation of information
    materials, particularly for vulnerable groups.
    Translation of material into Braille.

26
27
NATIONAL POLICIES
2. Medium-Term Strategic Framework
  • The Department is aligned to the following
    sub-outcomes of the MTSF. Details of each
  • indicator relating to the sub-outcome are
    provided below
  • Sub-outcome 1 Reduced levels of contact crime
  • Conviction rate in sexual offences
  • Conviction rate for trio crimes (robbery at
    residential premises, robbery at business
    premises and or vehicle robbery / car hijacking)
  • Sub-Outcome 2 An Efficient and Effective
    Criminal Justice system.
  • The Department will support this outcome through
    the following
  • Establishing a CJS Business Plan (2014-2019)
    aligned with Departmental Strategic Plans / APPs
  • Reducing the number of criminal cases on the
    backlog roll
  • Finalising  KPI Measurement System for the
    Criminal Justice System (CJS)

27
28
NATIONAL POLICIES
2. Medium-Term Strategic Framework
  • Sub-outcome 4 Secure cyber-space
  • The Department will support this sub-outcome
    through the following
  • Preparing a Cyber-Security Bill for discussion
    in 2014/15
  • Implement training on cyber-crime, beginning in
    2014/15
  • Sub-outcome 7 Corruption in the public sector
    reduced
  • Reviewing anti-corruption and money-laundering
    legislation
  • Concluding bilateral agreements with other
    countries in respect of criminal matters

28
29
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • Transformation of State Legal Services
  • The Transformation of State Legal Services forms
    part of on-going initiatives aimed at
    transforming the administration of justice
    broadly. In particular it is aimed at addressing
    the apparent lack of effective coordination of
    legal services that has led to a number of
    operational challenges experienced across
    government, which include the following
  • Prescription of claims involving government
  • Default judgments granted against government
  • Lack of monitoring systems over the work and
    outputs of attorneys and advocates
  • Inconsistency in the determination of counsel
    fees and
  • Low success rates in cases against the State.
  •  
  •  

....contd
29
30
NATIONAL POLICIES
 
3. Update on existing policies and related
initiatives
  1. Transformation of State Legal Services
  • Cabinet has approved a Framework for the
    Transformation of State Legal Services to address
    the above challenges.
  • The implementation of the Policy Framework will
    also go a long way in responding to general
    outcry within the profession that Previously
    Disadvantaged Individuals (PDIs) are not given
    briefs commensurate with transformational
    objectives.
  • As part of these transformation initiatives,
    amendments to the State Attorney Act 1957 have
    been passed by Parliament, and this gives the
    Department an opportunity to establish a position
    of a Solicitor-General who will represent the
    state in all civil litigation.
  •  

30
31
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • Transformation of the Judicial System and the
    role of the Judiciary in the developmental South
    Africa
  • The Human Sciences Research Council (HSRC), in
    partnership with the University of Fort Hare
    (UFH), was awarded a tender to undertake an
    assessment of the impact of the decisions of the
    Constitutional Court and Supreme Court Appeal on
    the lived experiences of South Africans.
  • The objective of the study is to establish the
    extent to which jurisprudence from our highest
    courts have contributed to the advancement of the
    ideals of the Constitution as envisaged in the
    National Development Plan. The outcome of the
    assessment is geared towards the development of a
    comprehensive programme of action aimed at
    overcoming challenges confronting the
    transformation of society. This include the
    capacity of the State in implementing court
    decisions.
  • A preliminary report which was received by the
    Department on 31 March 2014, outlines the
    research methodologies to be used, the thematic
    structure of the study research and identifies
    certain landmark socio-economic decisions which
    would be the subject of the assessment. A
    comprehensive interim report is due by 31 July
    2014 and a final report is due by the end of
    March 2015.

31
32
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • c. Blueprint on the transformation of the Lower
    Courts and court administration
  • Repeal of the Magistrates Courts Act
  • A Blueprint to guide the overhaul of the
    out-dated Magistrates Court Act of 1944 (Act
    No. 32 of 1944) is being developed. The
    Blueprint will mirror the Superior Courts Act
    which was passed by the fourth democratic
    Parliament to repeal the Supreme Court Act of
    1959.
  • It is anticipated that the envisaged Act which
    will accelerate the transformation of the Lower
    Courts will be finalised during the term of this
    administration.
  • Development of a court administration model
    suited to the Constitution
  • Simultaneous with the development of a Blueprint
    on Lower Courts the department will develop a
    broad framework that will guide the form and
    structure of the Bill that will seek to introduce
    an autonomous court administration suited to the
    requirements of the Constitution
  • The contemplated Framework, which the Minister
    plans to submit to Cabinet soon, will constitute
    the basis for consultation with the Judiciary
    before the drafting of the required Bill gets
    underway.

32
33
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • d. Insolvency Policy
  • In addressing the economic transformation of the
    insolvency industry, it became imperative to
    develop a policy focusing largely on the
    appointment of practitioners who are used as
    service providers in managing insolvent estates.
    This policy promotes consistency, fairness,
    transparency and the achievement of equality for
    persons previously disadvantaged by unfair
    discrimination.
  • Progress regarding this policy is as follows
  • The Policy was published in Government Gazette No
    37287 dated 7 February 2014.
  • The implementation date of the policy was
    determined as 31 March 2014 but has since been
    interdicted pending the finalisation of the court
    case.


33
34
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • Legal Practice Bill
  • The key objective of the Legal Practice Bill is
    to rationalise various pre-1994 statutes which
    still regulate the legal profession in different
    parts of the country.  A single statutory
    structure is envisaged to regulate all legal
    practitioners.   The Bill will not only enhance
    access to the legal profession for aspirant
    lawyers, but will also enhance access to legal
    services, impacting positively on access to
    justice.
  • A significant milestone was achieved in March
    2014 when Parliament passed the Legal Practice
    Bill.
  • The Bill is awaiting the Presidents assent.
  • A project office is being established to oversee
    the implementation of the bill.


34
35
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • Criminal Law (Forensic Procedures) Amendment
    Act no 2013
  • Parliament passed the Criminal Law (Forensic
    Procedures) Amendment Act, otherwise known as the
    DNA Act. This legislation will support the
    strategic objective of contributing to the
    successful prosecution of crimes through
    specialized investigations, thereby increasing
    the detection rate of priority crimes.
  • g. Amendments to the Schedule to the Drugs and
    Drug Trafficking Act of 1992
  • The Amendment to this act was initiated to
    address the surge in new narcotic substances
    which are being synthesized and not covered by
    the Act, particularly nyaope/wunga.
  • In the light of these amendments, even if the
    individual chemicals in a mixture cannot be
    identified separately, a person can be prosecuted
    in terms of these amendments, if the substance is
    similar or gives similar effects to the already
    listed substances on Schedule 2.
  • The amendments took effect from the 28 March
    2014.


35
36
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • h. National Action Plan on crimes against the
    Lesbian, Gay, Bisexual, Transgender and
    Intersex(ed) (LGBTI) community
  •  
  • During March 2011, Minister of Justice and
    Constitutional Development mandated the
    establishment of a National Task Team (NTT), with
    the aim of developing a National Intervention
    Strategy that will address so-called corrective
    rape and other forms of violence against LGBTI
    persons.
  •  
  • During 2013/14, officials from 8 departments,
    chapter 9 institutions and civil society
    developed the following documents
  • The Terms of Reference of the National Task Team
  • The Terms of Reference of the Rapid Response
    Team
  • The National Intervention Strategy and
  • An information pamphlet on Frequently Asked
    Questions regarding LGBTI persons.
  • For the 2014/15 financial year
  • The Rapid Response Team will continue with
    co-ordination between stakeholders to ensure
    speedy finalisation of cases.
  • A draft Hate Crimes Policy Framework is expected
    to be released for public comment
  •  


36
37
NATIONAL POLICIES
3. Update on existing policies and related
initiatives
  • i. National Action Plan to Combat Racism, Racial
    Discrimination, Xenophobia, and Related
    Intolerance (NAP).
  • The draft NAP was presented to various government
    clusters and finally submitted in February 2013
    to the JCPS Cabinet Committee for approval to
    commence with public consultations. Approval was
    granted by Cabinet for the commencement of the
    public consultation process on the NAP in March
    2013.
  • The DoJCD has commenced with a process of
    planning public consultations with stakeholders
    who were involved in the development and
    finalisation of the NAP.
  • Sectoral engagements will be conducted with
    Chapter 9s, business, labour, media, civil
    society organisations, legal and sports and other
    sectors.
  • A national conference to inform the public
    about the governments process of intervention
    in addressing all scourges of racism, xenophobia
    and related intolerance will be held .


37
38
STRATEGIC GOALS
Strategic Goal 1 Enhanced organisational performance on all aspects of administration in line with set standard, and meeting and exceeding the needs and aspirations of the key stakeholders
Strategic Goal 2 To facilitate the (effective and efficient) resolution of criminal, civil and family law disputes by providing accessible efficient and quality administrative support to the courts.
Strategic Goal 3 Effective and cost efficient provision of state legal services that anticipate, meet and exceed stakeholder needs and expectations.
Strategic Goal 4 Effective coordination of the JCPS cluster in the delivery of outcome 3.
Strategic Goal 5 Promotion of the Constitution and its values.
39

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

40
41
CHANGES IN THE CURRENT PLANS
  • 2. Key changes made
  • Inclusion of IJS-related indicators under
    Programme 5 (Ref Programme 5), which focus on
    the finalisation of the CJS performance dashboard
    and finalisation of the Departments ICMS
    integration.
  • b) Inclusion of indicators in line with the NDP
    and MTSF, which focus on usage of audiovisual
    remand systems and addressing delays in
    finalisation of court cases.
  • c) Inclusion of 2 indicators under the
    objective Finalisation of the recommendations of
    the Truth and reconciliation commission, focusing
    on exhumations and community rehabilitation.
  • d) Inclusion of an indicator under the objective
    on improved human resource service (Number of
    policies and legislation assessed for gender
    equality).
  • e) Inclusion of 4 indicators under the objective
    Promote constitutional development and
    strengthening of participatory democracy to
    ensure respect for fundamental human rights.

41
42
CHANGES IN THE CURRENT PLANS
  • Key risks identified
  • Issues relating to the Occupation Specific
    Dispensation (OSD) are in the process of getting
    resolved, however, certain areas of the
    Department, such as the Chief State Law Advisor,
    cannot fill certain posts and run the risk of
    service disruptions
  • The migration of certain functions to the Office
    of the Chief Justice during the 2014/15 financial
    year will have an impact on the operations of the
    Department as a whole. There is a certain level
    of uncertainty regarding its impact, however,
    ongoing communication and consultation will
    assist this process
  • The dependence on the Department of Public Works
    for implementation of funded capital projects
    means the Department cannot always finalise
    projects as planned. This is further complicated
    by the increases in construction and material
    costs, making projects more expensive than
    initially planned.
  • Despite efforts to address challenges with the
    SITA management, there are still risks of delays
    in implementation of key ICT-related projects.
  • There is an ongoing challenge of service delivery
    protests which often result in damage to state
    property. Courts and other service points run the
    risk of service disruptions.

43

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

44

FUNDING CONSTRAINTS
  • 2. Other areas of funding constraints
  • In an attempt to meet objectives of the
    Department, there are areas where funding remains
    constrained. These are
  • Security in service points and offices (Details
    under Programme 1)
  • Focus on increasing the number of facilities to
    improve access to justice (Details under
    Programme 2)
  • Infrastructure support for the Department and
    other stakeholders
  • Increasing the establishment of the lower courts
    and providing the Judiciary, especially the
    Magistracy, Legal Aid, Prosecution, SAJEI with
    tools of trade (accommodation requirements, ICT,
    library and additional security, and rentals)
  • Enhancing capacity in the State Legal Services,
    Masters and Safety, Health, Environment, Risk and
    Quality (SHERQ) and Information Communications
    Technology (ICT)

....contd
45

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

46

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

47

STRATEGIC OBJECTIVES
48

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • PURPOSE
  • The purpose of this programme is to manage the
    Department, develop policies and strategies for
    efficient administration of justice and provide
    centralised support services.
  • OVERVIEW
  • The following key areas in this programme will be
    discussed
  • Running a better administration to achieve an
    unqualified audit
  • Fighting fraud and corruption
  • Implementation of key ICT projects
  • Improvement in HR management and development
  • Finalisation of the Truth and Reconciliation
    Commission (TRC) recommendations and
  • Implementation of the Service Charter and related
    projects.
  • Administration of the implementation of the
    Promotion of Access to Information Act (PAIA) of
    2000

49

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

50

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

51

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 2012/13 and 50 in
    2013/14 were completed in conjunction with
    Justice College. A total of over 3000 officials
    which include senior managers, supervisors, court
    managers and EXCO members attended these courses
    during the same period. Officials targeted for
    this initiative are mainly from supply chain and
    court management.
  • For 2014/15 financial year, 40 further awareness
    sessions are planned.

52

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 2. Fighting Fraud And Corruption (continued)
  • b) Vetting
  • As at the end of 2013/14,145 SMS members either
    had a vetting certificate or their completed
    vetting forms submitted to the National
    Intelligence, against a total of 170 SMS members
    employed by the Department
  • During 2014/15 financial year, the Department
    planned that 160 senior managers will complete
    their integrity competence assessments (Vetting
    forms).
  • Although all officials go through a vetting
    process, special areas of emphasis are on supply
    chain and SMS officials.
  • c) Forensic Investigations (Corruption, fraud,
    theft and maladministration)
  • In 2013/14 financial year, the Department
    finalised 240 of 264 (91) received new forensic
    investigations and all (24) older forensic cases
    that were carried over from the previous
    financial years.
  • For 2014/15, the target finalisation rate for
    forensic cases is 70.

53

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 3. Information and Communication Technology
  • The Department recognises the use of Information
    and Communication Technology (ICT) as a strategic
    resource and an enabler to function more
    effectively and efficiently, in line with the
    objective of improving internal operations and
    service delivery. In this regard, the Department
    prioritised the development and implementation of
    ICT solutions in the key strategic areas, such
    as
  • Implementation of integrated case management
    systems (ICMS) for effective management of cases
    and improved service delivery. For the next MTEF
    period this includes
  • ICMS Civil Lower Courts
  • ICMS Masters Deceased Estate system and
  • ICMS Third Party Funds
  • ICMS Deceased Estates and Trusts
  • Roll-out of Sexual Offences Court systems
  • Roll-out of electronic funds transfer (EFT)
    systems
  • b) Implementation in support of the Integrated
    Justice System
  • Integration between DOJCD ICMS systems and SAPSs
    CAS system for sharing of docket information
  • (Details of these systems are
    detailed in Programme 2 and 3)

54

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 3. Information and Communication Technology
  • With regards to IT governance, the department has
    achieved the following
  • Following the establishment of an ICT operating
    model and the ICT Governance Policy Framework and
    Charter during the 2012/13 financial year, the
    emphasis for the 2013/14 was on the
    implementation phase.
  • Key achievements involved the approval and
    implementation of 4 committees, 7 framework and
    policy documents and establishment of 4 roles
    within ICT governance.
  • The Department of Public Service and
    Administration considers the DOJCD experience in
    ICT Governance as best practice and has shared it
    with the entire public service.
  • For the 2014/15 financial year, the Department
    will continue to ensure effective management
  • of the systems that have now been set up.

55

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 4. Human Resources Services
  • Filing of vacancies
  • As at the end of 2013/14 financial year, the
    Department achieved an average vacancy rate of
    10.This target has been achieved ahead of the
    public service deadline of 2014.
  • 3 strategic senior management positions were
    filled during 2013/14 financial year. Those were
    Deputy Director-General Corporate Services, Chief
    Financial officer and Deputy Director-General
    Legislative Development. Two of these positions
    were filled by women adding women representative
    at the executive level and also enhancing the
    department s commitment to gender equality.
  • The Department plans to maintain the vacancy rate
    of 10 over the MTEF period given the current
    budget cuts.

.
56

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 4. Human Resources Services
  • b) Misconduct cases
  • As at the end of 2013/14 financial year, 304 were
    finalised out of 471 misconduct cases, while 171
    were not yet finalised. Finalised cases therefore
    translated to 65 of the total, against the
    target of 50 for the year
  • 176 (60) of the case finalised resulted in
    dismissals, final warnings and suspensions
  • For the 2014/15 financial year, a target of 55
    finalisation rate has been set, taking into
    account resource availability. This target is
    expected to reach a target of 65 over the MTEF
    period.

Target under review following the final year
performance
57

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 4. Human Resources Services
  • c) Grievance cases
  • At the end of 2013/14 financial year, 600 cases
    out of 704 cases received had been finalised
    translating into 85 of cases finalised, against
    an annual target of 40
  • Out of 502 grievance cases recorded, 427 involved
    problems relating to performance assessment,
    salary and unfair labour practice
  • For the 2014/15 financial year, a target of 44
    finalisation rate has been set.

Target under review following the final year
performance
.
58

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 4. Human Resources Services
  • d) Training
  • As at the end of the 2013/14 financial year, the
    number of people trained by the Department
    through Justice College, in line with strategic
    objectives, is 5358 against the target of 5000
    set for the 2013/14 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 2014/15 financial year, 6000 people are
    targeted for training.

.
59

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 5. Truth And Reconciliation Commission
  • Individual Reparations
  • Of the 16837 TRC-identified beneficiaries that
    applied and were approved for individual
    reparations, only 12 beneficiaries are still to
    be paid.
  • Payment of the 12 beneficiaries who applied are
    currently being processed by the Presidents Fund
    Office.
  • 13 beneficiaries have been declared untraceable.
    Four of these have last known addresses within
    the RSA borders, whilst nine are believed to
    reside in foreign countries.
  • TRC identified victims assisted
  • Although the regulations have not been approved
    69 applicants from TRC identified victims and or
    their dependents were assisted as follows
  • 51 TRC-identified victims and/or their dependants
    were assisted with tertiary education bursaries
    through the National Student Financial Aid Scheme
    (NSFAS),
  • 14 learners were assisted with letters of
    recommendation in respect of the exemption of
    school fees.
  • 4 victims were referred to the Department of
    Health for assistance regarding their medical
    needs

60

STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 5. Truth And Reconciliation Commission
  • b) Regulations
  • During the 2013/14 financial year, 2 regulations
    on basic and higher education were approved by
    the minister and submitted to the Presidency for
    consideration.
  • Regulations on Medical benefits were not
    finalised due to the need to amend the National
    Health Act of 2003 to cover the TRC identified
    victims.
  • 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, Alexander, Bhambayi, Mphopheni,
    Tumahole and Machabeng. Development of
    regulations will follow and thereafter
    implementation will begin.
  • Two new indicators were included in the plan
    number of handover ceremonies for people whose
    remains have been exhumed and number of needs
    analysis completed in TRC-identified communities
    for purposes of community rehabilitation.

61
STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 6. Service Charter and Customer Service
  • Service Charter and Standards
  • The Department finalised Service Delivery
    Improvement Plans in the Masters and Maintenance
    areas in 2012/13. Implementation progress has
    been monitored quarterly since 2012/13 (2nd
    quarter).
  • During the same period, the following were done
  • Development and accreditation of Learning
    materials to facilitate implementation of service
    standards.
  • Distribution of Service Charter Posters to all
    service points
  • Development and translation of service standards
    booklets to all official languages and
    distributed to all Regions.
  • For the 2014/15 financial year
  • Translation of the Service Charter into Braille
    will be initiated
  • A new indicator for reporting against the
    percentage of service standards in the SDIP
    implementation has been introduced.

61
62
STRATEGIC OBJECTIVES
PROGRAMME 1 ADMINISTRATION
  • 6. Service Charter and Customer Service
  • Presidential Hotline
  • The Department received 1147
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