RE: INFORMATION REQUIRED BY THE PORTFOLIO COMMITTEE

FROM: ENVER DANIELS

DATE: 12 OCTOBER 2004.

The Chair of the Portfolio Committee required the following information:

1. PLACEMENTS OF AFU PERSONNEL IN THE OFFICES OF THE STATE ATTORNEY.

The negotiations have not been pursued because the Department and the AFU could not reach an arrangement regarding the transfer of funds to the department in respect of the secondments.

Originally, it was envisaged that the AFU would make sufficient funds available to Legal Advisory Services to enable Legal Advisory Services to advertise the posts and to appoint lawyer who would attend only to AFU matters.

Unfortunately the Department insisted that the funds had to be transferred before it would take steps to advertise the posts.

2. SKILLS DEVELOPMENT

A training committee has been established and a training officer has been appointed in each office. The training committee will develop a programme of training to ensure that continuous in-house and other training takes place.

Office heads have been relieved of much of their administrative responsibilities through the appointment of office managers.

This has enabled office heads to play a greater role in supervising lawyers and providing professional guidance to them, as part of the process of developing skills.

The deputy state attorneys also have a similar role to play.

3. SKILLS LEVELS

The skills levels vary considerably in each office.

The office heads have been fifteen and twenty years of experience and most deputies have similar years of experience, with some have considerably more years of experience.

At a junior level the division has been able to attract very talented and highly capable attorneys. However, the absence of training and proper supervision has inhibited the transfer of skills and skills development.

4. THE CONSTITUTIONAL LITIGATION UNIT.

The CLU currently consists of five full-time employees, including a senior counsel and three part -time employees.

The unit has been involved in a large number of matters.

It is envisaged that the unit will ultimately consist of full-time employees only. The salary levels will have to be addressed to ensure that highly competent lawyers are appointed to the unit.

The CLU has been beset by numerous problems, including the failure of the department to pay lawyers promptly, no clear position as yet on whether the CLU should remain in existence and the location of the Unit.

Currently the CLU is briefed by the state attorneys who are integrally involved in the cases.

5. LEGAL ADVISORY SERVICES.

Legal Advisory Services consists of the State Attorneys, the State Law Advisers (which consists of the legislative drafting unit and a legal advisory section), international affairs, legal process and legal liability and the litigation unit.

It performs specific work on behalf of the Department of Justice and provides a broad range of legal services to the government as a whole, including the provincial governments.