having considered the Annual Report and proposed Strategic Plan of the

Department of Justice and Constitutional Development (the Department),

reports as follows:

1. On 28 and 29 October 2004, the Committee held hearings on the

Department’s Annual Report 2003/04, Annual Financial Statements

for 2003/04 and the Department’s proposed Strategic Plan

for 2005/06.

2. During the June 2004 budget hearings the Committee already

engaged with the Department around their Annual Report. Therefore,

the aim of the October hearings was not to deal with the

Annual Report in detail, but to focus on the Auditor-General’s

report and to evaluate the Department against its own strategic

objectives for the previous year to determine its achievements and

challenges. Secondly, in focussing on the proposed strategic plan of

the Department for the next financial year, the Committee

endeavoured to develop a report-card against which to measure the

performance of the Department during the tabling of its Annual

Report next year.

1. For the first time in 10 years the Department received an

unqualified audit report. Apart from the emphasis of matter as listed

by the Auditor-General, the Department also still faces certain

challenges regarding monies in trust and the suspense account.

2. The Department reported that the biggest challenge they faced, was

that the system regulating monies in trust was still manual in that

there are thousands of cards at courts all over the country. The

Department’s efforts are first aimed at creating digital records to

replace the manual card system.Aprocess is currently under way to

identify qualifying bidders who are competing for the award of a

public/private partnership contract to computerise the existing

manual system to deal with monies in trust. The CFO indicated that

they hoped to commence the process in April 2005.

3. On the matter of the suspense account following the budget

hearings earlier this year, the Department reported the following

developments: Meetings were set up between the Minister of

Finance, the Minister for Justice and Constitutional Development

and the Auditor-General’s Office. This resulted in the Auditor-

General auditing the suspense account and finally authorising the

Department to write off the outstanding R95 million. Negotiations

are currently under way as to who should foot the bill for the R95

million.

4. With regard to the budget allocation for the next financial year, it

was reported that a baseline allocation of R5,6 billion was made to

the Department, with R4,186 billion remaining after the budget

allocations of the Chapter 9 Institutions and the Legal Aid Board

were transferred to them. The Department reported that 68% of its

budget is to be spent on personnel. The Department further reported

that a process entitled budget rightsizing was under way to

determine realistic budgets for courts, and that this process should

be finalised by 15 December 2004. The Department repeated, as it

did during the budget hearings, that it needed additional resources

to provide basic security in courts. The Department also mentioned

that a process was under way to align the conditions of service

within the justice family, to eventually equate salaries within the

justice cluster.

1. The strategic plan of the Department is informed by the manifesto

of the ruling party, and as such sets out strategic objectives over a

five-year framework. The Department presented a synopsis of its

strategic framework, highlighting its three key strategic result areas

as: promoting access to justice for all, modernising justice services

and transforming justice.

2. The Committee requested a revised strategic plan from the

Department highlighting their key strategic objectives for the next

financial year, so as to enable the Committee to measure the

Department’s performance against these objectives during next

year’s hearings.

1. The Committee requested a copy of the report currently being

prepared by the Masters Office, outlining whether they need

additional staff to deal with intestate succession resulting from

customary marriages in line with the Constitutional Court’s

decision in Bhe v Magistrate, Khayelitsha and others, as well as the

outcome of the findings from the Committee of Inquiry appointed

by the Minister on the appointment of new liquidators. The report

is to be submitted whenever it is finalised by the Masters Office.

2. The Committee reiterated that the Department should bring finality

to the writing off of the R95 million in the suspense account.

3. The Committee requested proposals from the Department as to how

to deal with employees who are suspended with full salaries and

who are then eventually dismissed on grounds of fraud and other

serious crimes in future. The Department was urged to develop

proposals to pursue claims against salaries paid while on suspension

from the subsequently dismissed employees.

4. The Committee specified that the revised strategic plan of the

Department should cover the following aspects: (1) Include key

strategic objectives for the next financial year; (2) Include key

objectives for each branch in the Department; (3) Should indicate

which areas need attention, what the challenges are and what is

proposed to be done; (4) The plan should indicate who is

responsible for achieving the key objectives as set out and by when

it is hoped to be achieved. The revised strategic plan must be tabled

shortly before the Committee.

Report to be considered.