DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

COURT SERVICES BRANCH

 

NARRATIVE SUMMARY OF COURT SERVICES’ BUDGET PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS

CAPE TOWN

17 MAY 2005

 

  1. COURT SERVICES’ MANDATE

To assist the DOJCD to deal with its objectives, the Branch Court Services was established to focus directly on those aspects relating directly to the courts. In brief our goal is to develop and implement measures to support and assist the courts and to ensure their independence, impartiality, dignity, accessibility and effectiveness in accordance with the Constitution

Court Services’ core function can be viewed as the facilitation of the adjudication of criminal matters, the resolution of civil disputes and the management of courts facilities. We execute these functions within the ambit of section 165 (4) of the Constitution which provides that: Organs of state through legislative and other measures, must assist and protect the courts to ensure their independence, impartiality, dignity, accessibility and effectiveness of the courts.

The MISSION STATEMENT of Court Services underpins our objectives, namely:

To provide a responsive, modern and cost-effective court services’ environment to ensure deliver of justice with EASE, implying an Efficient, Accessible, Swift and Effective delivery of justice to all court users, thereby creating an environment conducive to the fair and efficient dispensing of justice, and promoting confidence in the rule of law.

The DOJCD and thus also Court Services, deals with this through the 3 Key Strategic Result Areas:

 

2. BRIEF OVERVIEW OF BUDGETARY ASPECTS


2.1 Budget in perspective

Court Service has a history of under-funding, in particular regarding human resources. This is the case despite Court Services carrying the largest mandate of the Department. To deal with this in an improved fashion and with the assistance of the new Ministry, a Joint Budget Task Team was set up to review the extent of under-funding in the Department, especially for the courts.

The mandate of this Task Team relating to Court Services is as follows:

The areas of service delivery in Court Services that have had a specific negative impact due to resource constraints are the following:

To use security as an example, we never had sufficient funding to cover all the courts or services in terms of minimum standards and as a result thereof we could only fund at present:

day country wide

In order to deal with issues such as security and the other aspects mentioned above, funds had to be transferred from other core areas to cover the deficiencies in these regard.

2.2 LAST YEAR’s BUDGET (THE 2004/5 BUDGET ALLOCATION)

Expenditure R’000

Figures received from our CFO’s Office indicate at this point in time that total expenditure for the previous financial year (ending 31 March 2005) was R2,383,959,434 against a budget of R 2,402,408,000.

A saving of R 18,448,56 m is indicated thus far, but the reconciliation of the financial statements is still being finalised. We have applied for rollover of R13.652 m hereof.

The projected savings is as a result of the implementation of JYP at court level as well as the down scaling of projects. Lay assessors’ appointments could for example only been done at less than 20 courts.

Due to the fact that Court Services usually overspends on compensation of employees because of under-funding for this item, an amount of R60 million was transferred from other items to offset the balance between the allocation and the projected total spending on this item as part adjustment estimates. Conservative expenditure on various projects were also required in the latter part of the year to prevent overspending in general and to offset the personnel under-funding.

2.3 NEW BUDGET – 2005/6

Court Services has structured its activities according to five main sub programmes, namely:

- Strategic Management Support and Policy Development

- Court Performance ( Inland & Coastal )
- Specialised programs for Vulnerable Groups
- Facilities and Infrastructure Development and
- Family Advocacy

This programmatic structure will coordinate and facilitate the decentralisation of operational matters to court level so as to improve efficiency and decision making at court level. However the challenge for court services remains human resource capacity, the funding of which has a backlog since the 1997/98 financial years.

The budget for all courts are:

Main Divisions, Court Services

2005/6

2006/7

2007/8

2008/9

Constitutional Court

26,520

28,350

29,767

31,553

Supreme Court of Appeal

13,189

14,099

14,804

15,692

High Courts

140,806

155,522

155,048

164,351

Specialised Courts

36,166

40,661

45,595

48,331

Lower Courts

1,366,821

1,574,275

1,752,544

1,857,697

Family Advocate

34,490

36,870

38,713

41,036

Magistrate's Commission

4,990

5,334

5,601

5,937

Government Motor Transport

27,000

28,863

30,306

32,124

Capital Works

258,134

273,622

287,303

304,541

Administration of Courts

174,210

186,057

195,359

207,081

Magistrate's Salaries

662,100

698,516

733,441

777,447

TOTAL

2,744,426

3,042,169

3,288,481

3,485,790

 

DETAIL BUDGET AS PER ENE FOR 2005/06

Budget

2005/06

 

 

Additional Allocation

154,000

Administration of Courts

174,210

Lower Courts

1,212,821

Constitutional Court

26,520

Supreme Court of Appeal

13,189

High Courts

140,806

Specialised Courts

36,166

Family Advocate

34,490

Magistrate's Commission

4,990

Government Motor Transport

27,000

Capital Works

258,134

Total

2,082,326

DETAIL AS PER PRIORITY AREAS

Budget

2005/06

Upgrading/Maintenance Court Infrastructure (Security Operations & Infrastructure Support)

36,146

Physical Security at Courts (Capital Works)

16,854

Court Security (Security Operations & Infrastructure Support)

60,000

Capital Works (Capital Works)

258,134

Soweto (Orlando),HC Mpumalanga and Limpopo

50,000

Other buildings

143,601

Reprioritised for 75% committed Capital Works Contracts ( Transcript & Security)

64,534

Protection of Vulnerable Groups

118,000

Improvement of Court Performance

91,000

Facilitation of the transformation of the Judicial System

9,000

Administration of Courts

174,210

Lower Courts

1,035,821

Constitutional Court

26,520

Supreme Court of Appeal

13,189

High Courts

140,806

Specialised Courts

36,166

Family Advocate

34,490

Magistrate's Commission

4,990

Government Motor Transport

27,000

Magistrates Salary

662,100

Total

2,744,426

 

2.4 ADDITIONAL BUDGET

Court Services received an amount of R118m for vulnerable groups and R100m for the Improvement of court performance and transformation of the judicial system in the coming financial year. In terms of the MTEF allocations for 2005/6 to 2007/8, additional allocation relating to Court Services includes the following priorities:

Other aspects also additionally funded include:

In total this means that Court Services will receive over the next three years respectively R154m, R276m and R383m additional allocations to its baseline.

2.5 PROJECT ALLOCATION PER SUB-PROGRAMMES (EXCLUDING REGIONS)

PROGRAMME 1

 

Facilitation of the transformation of the Judiciary

9,000,000

Re-demarcation of Magisterial Districts

1,000,000

Language Services

6,900,000

Court Nerve centre

2,000,000

Re Aga Boswa

37,000,000

Capicitation of the Office of the Chief Justice

3,780,000

Appointment of Magistrates & Norms

15,000,000

Salaries and Allowances of the Judges & Magistrates

647,100,000

Lay assessors

10,000,000

High Court researchers

-

Arbitration & ADR

-

Transformation of the Sheriffs

-

 

-

TOTAL

733,770,000

PROGRAMME 2

Registrars

6,750,000

High Court Researchers

5,500,000

Case flow management

5,500,000

Court Managers Development

2,400,000

CFM Centres

4,700,000

Court Internship

500,000

Tariff Increase: Expert witnesses

3,000,000

Additional Courts

15,000,000

Witness Fees

7,250,000

Review Criminal Justice System

-

Quality Management Framework

-

Minimum Sentences

-

Community & Commercial Crime Prevention

-

Restorative Justice

-

Court Integrity

-

 

-

TOTAL

50,600,000

 

 

PROGRAMME 3

 

Family Courts

30,000,000

Child Justice

13,000,000

Maintenance

25,000,000

Equality Court

12,000,000

Domestic Violence

3,000,000

Sexual Offences Courts

10,000,000

Small Claims Court

500,000

Victim Support Programmes

10,000,000

Court Intermediaries

-

Victim Charter in Relation to Courts

-

Family Revitalisation

-

TOTAL

103,500,000

 

 

PROGRAMME 4

 

Libraries

2,000,000

Upgrading a Maintenance of Court infrastructure

-

Security & Security for Judges

60,000,000

Departmental & Judges Vehicles

27,000,000

Rehabilitation of Courts

50,000,000

Capital Works

258,134,000

IT interface JDAS/MMT

-

TOTAL

397,134,000

 

 

PROGRAMME 5

 

Family Counsellors

12,000,000

Extension of the Family Advocacy

7,000,000

TOTAL

19,000,000

Grand total

1,304,004,000

 

2.6 BUDGET ALLOCATIONS PER REGIONS/PROVINCES

PROVINCE

COMPENSATION OF EMPLOYEES R'000

GOODS AND SERVICES R'000

TRANSFERS R'000

PAYMENT FOR CAPITAL ASSETS R'000

TOTAL R'000

FREE STATE

72,800

32,180

220

2,570

107,770

EASTERN CAPE

155,420

65,300

470

8,070

229,260

NORTHERN CAPE

25,800

12,130

70

200

38,200

WESTERN CAPE

83,700

36,680

250

1,570

122,200

NORTH WEST

58,260

26,700

180

650

85,790

LIMPOPO

86,620

40,790

260

340

128,010

MPUMALANGA

48,650

22,890

150

120

71,810

KWAZULU-NATAL

137,890

62,650

420

1,320

202,280

GAUTENG

165,090

64,520

500

10,350

240,460

TOTAL

834,230

363,840

2,520

25,190

1,225,780

PROVINCE

TOTAL

FREE STATE

107,770,000

EASTERN CAPE

229,260,000

NORTHERN CAPE

38,200,000

WESTERN CAPE

122,200,000

NORTH WEST

85,790,000

LIMPOPO

128,010,000

MPUMALANGA

71,810,000

KWAZULU-NATAL

202,280,000

GAUTENG

240,460,000

TOTAL

1,225,780,000

 

3. CAPACITY FOR IMPLEMENTATION OF DEPARTMENTAL STRATEGY AT PROVINCIAL LEVEL

3.1 Re Aga Boswa

The Re Aga Boswa project seeks to create capacity at provincial and national level for the implementation of the Departmental policy and strategy. The project is intended to reengineer and optimise business processes at the courts and redesign organizational structures to capacitate courts to deliver an efficient and effective service to all end users. The primary objectives of the project are to carry out a business process reengineering exercise and effect the necessary changes or improvements to the processes to ensure Efficient, Accessible, Swift and Effective services to all court users.

An outcome of the Re Aga Boswa project has been the development of a Court Management Model, which makes provision for a court clustering system to facilitate the management of the 750 courts countrywide. Courts within a particular province constitute a provincial cluster headed by a Senior Court Manager, and every cluster is divided into sub-clusters or areas headed by an Area Court Manager. Each individual court, within a province, falls within a specific area or sub-cluster. The area court level becomes the nodal point or the "hub" court where delegations in relations to recruitment of court personnel and procurement of services and goods of a capital nature are devolved. Specialist services in areas such as Sexual Offences, Equality, Commercial Crimes courts and Alternative Dispute Resolution will be co-ordinated. Registrars at area level will be appointed to coordinate these specialist services. The particular circumstances of an area and its profile (such as demographics, crime statistics and economics) will determine which specialized services will be offered at which Nodal Points. It is envisaged that Nodal Points will operate as "One Stop Centres", where a range of specialist justice services can be accessed, in addition to the "normal" justice services, available elsewhere.

Some of the efficiency gains of the project relate to the releasing of magistrates from administrative functions to focus on judicial functions. Prior to the advent of the principle of separation of powers derived from the new constitutional order, 26 Chief Magistrates, eight Regional Court Presidents and 65 sub-cluster heads performed both administrative and judicial work. The appointment of Court Managers ensures that the management of the budget and court facilities lie with court managers and senior judicial officers are released back to the courts to perform judicial work and increase the productivity of the courts. Enhancing management and administrative capacity at court level has partly contributed to the no qualification audit report, the first in the last decade.

3.2 Case Flow Management

This is a service delivery improvement programme through which the entire approach to the management of cases in the justice system is being reviewed, intensified and integrated. This focuses primarily on governance, re-engineering of processes and implementation of information management technology.

The governance aspect is anchored on judicial control or leadership of the court and co-ordination of stakeholders in the justice value chain to align their efforts towards processing cases in the shortest possible time. This is supported by a re-engineering of current processes to ensure that procedures and structures are aligned with the changes that are being instituted to optimise case flow. Technology is used to assist in optimising operational processes and create a culture of management through information.

Integrated Case Flow Management Centres (previously known as IJ Court Centres) are currently operating at 44 district criminal courts. Statistics for the fourth quarter (October to December 2004) revealed that 57% of the courts have improved on their performance since the concept was introduced. The system allows the IJS to track cases and measure the performance of the courts where the project has been implemented. The roll out of this project to other courts is subject to the deployment and conversion to the e-Scheduler/ caseflow management system. This system was developed to replace the previous stand alone case roll management system. The deployment and conversion exercise was undertaken in April 2005 to all 44 sites and the roll out to 20 additional courts is planned for this financial year at an estimated cost of R1.5m. This new system will be available on the local area network which does not restrict or limit the number of users; it configured to have the ability to reduce data capturing timeframe and will generate comprehensive statistics to conduct performance analysis at a local level.

Specific activities impacting on case flow are the following:

 

Additional Courts (including Saturday courts) were introduced as a short-term measure to address the backlog of cases pending trial. As a result of this initiative, the backlog was reduced by 76 836 cases between 2001 and 2004. This has resulted in an average of 21 953 cases finalised per annum in the past three years, in addition to the number finalised in permanent courts. Attention is being paid to backlogs in regional courts as directed by the Cabinet Committee in October.

As part of a number of initiatives to improve court effectiveness and deal with the backlog of cases, the Department continued during 2004 with Additional and Saturday Courts. This initiative, however, is viewed as a temporary measure which is dependent on the establishment of permanent solutions to capacitate the courts to cope with the workload.

In view of budgetary constraints and other initiatives embarked upon – such as the appointment of 47 new regional court magistrates – a phase-out plan for the current year was devised at the end of September 2004. In line herewith:

Judiciary-led case flow management, by means of which the pace of litigation, including the management of postponements, will be firmly in the control of the judiciary rather than litigants, will also help address case backlogs.

As at 31 December 2004, the outstanding court rolls were as follows:

High Courts 1 067

Regional Courts 43 076

District Courts 144 297

The statistical trend in respect of the outstanding court roll for the District and Regional Courts is set out below:

 

The table below presents the number of cases finalised and the number withdrawn in High, regional and district courts over the past six years.

YEAR

High Court

Regional Court

District Court

 

Finalised

Withdrawn

Finalised

Withdrawn

Finalised

Withdrawn

1999/2000

Not available

Not available

29 769

1 618

270 964

20 646

2000/2001

1 419

122

39 460

32 611

202 278

347 861

2001/2002

1 538

59

54 688

32 715

327 805

396 702

2002/2003

2 083

103

47 355

27 404

357 800

390 109

2003/2004

2 505

87

45 534

26 004

348 333

335 626

2004/2005 (Oct 2004)

1 528

50

26 535

14 950

202 279

173 805

There is a significant increase in the number of cases finalized by the High Court in 2002/2003 and 2003/2004 financial years, whereas the number of cases finalized in both Regional and District Courts fluctuate. The number of withdrawn cases in all the three courts is decreasing at a moderate rate.

While there was a significant increase in the number of cases finalized in the High Courts in the 2002/2003 and 2003/2004 financial years, the number of cases finalized in the regional courts fluctuated from year to year. The number finalised in the district courts also substantially increased over the past five years. There appears to be a moderate decrease in the number of cases withdrawn at all three court levels.

 

 

 

The Department has planned and costed intersectorally for the implementation of the Child Justice Bill and the Department has further facilitated the establishment of 3 One Stop Child Justice Centres in Port Elizabeth, Bloemfontein and De Aar/ Port Nolloth. An intersectoral Workshop was held on 15 to 16 February 2005, chaired by the Department of Justice, to recommend policy and practical guidelines for the establishment of One Stop Child Justice Centres.

Other specific interventions to address the backlog of cases pending trial include the diversion of children in trouble with the law whilst awaiting the finalization and implementation of the Child Justice Bill. Inter-sectoral monitoring of the numbers of Children Awaiting Trial takes place monthly and interventions are instituted to have as many children as possible assessed, diverted or placed in alternative care or referred to the Children’s Courts where they are declared as in need of care and protection.

Whilst they are awaiting trial they are also placed under home based supervision, in places of safety or back in the care of parents or caregivers. When in need of care, children are placed in foster care or children’s homes. They can also be referred to reform schools as a sentencing option. Blockages in the IJS are being addressed and an inter-sectoral awaiting trial Protocol as well as a Protocol relating to dealing effectively with children referred to reform schools are in place.

The Inter-sectoral Child Justice Steering Committee has instituted various initiatives to deal with the backlog of cases pending trial that relate to children. To this effect, it has:

Monitoring of prisons/detention centres that accommodates children awaiting trail takes place on a monthly basis. This process is vital for planning purposes to provide alternatives for children in detention. The monthly statistics also fulfil the obligations in terms of the Integrated Justice System. The Deputy Minister of Correctional Services have also escalated the removal of awaiting trial children from prisons. The situation regarding children awaiting trial has been steadily improving the past few years.

The latest statistics are as follows:

Children awaiting trial in Correctional Centres: Ages 14 – 17 years:

 

 

As on 26 January 2005:

   

Regions

December 2004

26 January 2005

KwaZulu-Natal

435

488

Gauteng

284

258

Western Cape

259

261

Eastern Cape

387

394

Limpopo/ Mpumalanga/ North-West

154

-

Free State/ Northern Cape

149

146

RSA (Grand total)

1668

1547

However there were only 1357 Children Awaiting Trial as on 31 March 2005 countrywide, so downward trend is continuing.

3.3 COURT NERVE CENTRE

Enhancing our court information management system is one of our priority for in the current MTEF. Our data is collated largely from the NPA which focuses solely on criminal matters, and our collation of civil, family and equality court cases is still done in an ad hoc measure through the registrars of courts. The strengthening of the Court Nerve Centre will provide a framework for the collation, analysis and interpretation of data for informed decision support.

National Treasury has allocated R5 mil in the 2005 MTEF to create the court information management system which will be a central information nodal point for the Department, the judiciary, Prosecution.

3.4 INFRA-STRUCTURE

Capital Projects and improvement of infra-structure

Since 1994, 82 major construction works have been completed. The recent and current activities relating to court infrastructure are as follows:

 

 

 Other Infrastructure to the value of R34 million were provided in 2004/2005

 

 

Repair and maintenance projects (RAMP) in respect of buildings

Province

Projects in maintenance phase

Projects

in repair

phase

Projects on tender / in tender adjudication phase

Projects in

Planning

Status quo

surveys in

progress

Other

Total

Eastern Cape

6

0

4

0

7

0

17

Free State

0

1

1

0

4

0

6

Gauteng

0

0

2

1

1

0

4

KwaZulu-Natal

11

1

4

2

2

3

23

Limpopo

3

0

2

3

6

1

15

Mpumalanga

1

1

2

0

6

1

11

Northern Cape

1

0

0

0

4

0

5

North West

4

1

2

1

7

3

18

Western Cape

0

0

0

1

0

0

1

TOTAL

26

4

17

8

37

8

100

 

 

 

 

 

 

4. PRIORITIES FOR THE 2005/6 FINANCIAL YEAR

4.1 Finalisation of the courts restructuring

The Department is in its third year of its restructuring programme implemented through the Re Aga Boswa and the model which was designed, piloted and refined in KwaZulu-Natal will be rollout to all provinces in the next 18 months in accordance with the following rollout schedule:

Phase

Rollout sites

Time frame

 

Phases 1

Gauteng

 

May – September 05

Western Cape

North West

     

Phase 2

Free State

Oct – Dec 05

Northern Cape

     

Phase 3

Mpumalanga

Jan – March 06

 

Limpopo

 
     

Phase 4

Eastern Cape

April – July 07

 

An internal focused impact assessment of the new model was conducted in KwaZulu Natal to ascertain change readiness and to derive lessons for the rollout. A summary of the main findings is presented in a separate report.

An external focussed impact assessment which will target the end users of the justice system (magistrates, prosecutors, members of public) is due to be completed by June this year.

The following pre-rollout activities are underway:

An amount of R69 mil is require to rollout the court management model of which R37 mil has been budgeted for in the current financial year.

4.2 Rationalisation of courts

The rationalisation of the High Courts and the re-demarcation of magisterial districts are some of the Department’s key priority areas as part of the rebuilding exercise. This exercise entails the rationalisation of the service areas of the Supreme Courts in the former homelands and self governing States to be in line with the new constitutional order. The Superior Courts Bill which seeks to rationalise and align courts with provincial boundaries to enhance access is currently before Parliament. The refinement of the Superior Courts Bill following the Justice Colloquium held on 14 – 15 April 2005 will lead to the establishment of High Courts in all provinces (including Limpopo and Mpumalanga).

Furthermore, new magisterial districts aligned to the new municipal boundaries and in the place of the apartheid-drawn boundaries which denied access of services to the majority of communities will be proclaimed by the Minister during the 2004/5 financial year. A new magisterial district will be proclaimed for Soweto with the main seat of the court being planned for Orlando as the central location to serve the more than 2,6 million population of one of the largest township in the southern Africa.

4.3 Support to the transformation of the judicial system

4.3.1 Single Judiciary

The Department has advanced the process of bringing the judicial and magistracy professions closer to one another to operate under the same norms and standards, while preserving the hierarchal make-up of the High and lower courts. The promulgation of the Judicial Officers Amendment Act this year, which provides for the determination of salaries of magistrates by the Independent Commission on the Remuneration of Public Office Bearers is one of the highlights of our transformation process. From April 2005 salaries of Magistrates, like that of judges, constitute a direct charge against National Revenue, a step which further enhance the independence of the magistracy from past executive-control. The governance structure of the magistracy will be looked at after the Superior Courts Bill process has been finalised.

4.3.2 Strengthening of the Office of the Chief Justice

To provide capacity to the Chief Justice for judicial leadership the Superior Courts Bill provide for the establishment of a limited administrative structure for the Chief Justice. This administrative component will provide the required support for the Chief Justice to exercise his/her judicial management role, and we have commenced with investigation to design the structure of the office which will be modelled on the following key responsibility areas:

4.3.3 Transformation of the judiciary

Though some strides have been made to address the race and gender imbalance in the composition of the judiciary there is still much to be done. Of the 204 judges, 76 are black and 23 are women. With regard to the magistracy, of a total of 1 662, 794 are black, and 428 are women. One of the stiff challenges facing the judicial system is the inadequate female and black candidature for the bench. The development of an extensive judicial education programme biased towards female and black practitioners is part of the intervention the Department is looking at. Justice College is being revamped to provide training for potential judges and magistrates and to offer advanced training programmes for the current serving judicial officers. The revamped Justice College will be capacitated to develop and implement an extensive Human Resource Development strategy to address the skills gaps within the judiciary, prosecution and administration.

The Branch is committed to support the initiatives of developing judicial management and leadership competencies for women judges and magistrates undertaken by the South African Chapter of the International Women Judges (IAWJ) launched during Women’s day this year. The IAWJ has provided a business plan for the consideration of programmes that could be supported financially in this current financial year. The branch also provide administrative and financial support to the Minister’s programme of facilitating the fast tracking of appointment of women judges.

4.3.4 Lay Assessors

The extension of the lay assessor system to some regional courts in Gauteng, Western Cape and Eastern Cape continues to increase public participation in judicial processes. This initiative will narrow the bridge between the judiciary and the community it serves and will demystify judicial processes for easy comprehension by the public at large.

4.4 Integration with cluster priorities

The Department’s contribution to the Integrated Justice System priorities relates mainly to: Improving the effectiveness of the criminal justice system.

Within the Department we are aligning all our activities to correspond to the 63 priority contact crime police stations – which have now been increased to 169. We are also ensuring we address the 21 development nodes in this regard. In addition both the JOINTS and the DEVELOPMENT COMMITTEE is currently investigating ways and means to improve cluster coordination – including regular meetings - on the various levels. This process will be finalized in the next few months.

Other specific activities we are dealing with in conjunction with the cluster departments are:

  • Reducing case backlogs / case cycle times

The Department is currently operating 46 caseflow management centres (formerly Integrated Justice Court Centres) throughout the country and a technology solution, the e-scheduler has been rolled out in April 2005 at the above sites for effective management of cases. The aim of the Centres is to improve the co-operation between criminal justice role-players in the way that cases are managed. Case preparation cycle time has been reduced from 105 to 78 days at the centres. Alignment and linkages have been established between the areas where the Centres are located and some of the 63 priority police stations, particularly in the Eastern Cape, Northern Cape, Western Cape and Limpopo. It has been established that 44 courts are served by the 63 priority police stations.

Conviction rates in the district and regional courts increased between 2002 and 2004:

Court type

Conviction rate (%)

2002

2003

First six months of 2004

District

78

85

86

Regional

67

67

69

The Victim Charter has been finalized and an implementation plan has been developed. The Charter is an outcome of contributions from a multiplicity of role-players. From the courts’ perspective the Charter is a vital tool to respond to the needs of victims of any court or legal process. As part of the Victim Charter, the front line service staff is being trained to be sensitive to victims’ needs and to adhere to Batho Pele principles in their day-to-day engagement with victims. Toll free numbers are being planned around provinces to respond promptly to enquiries from victims. The capacity of the courts is reviewed as part of the Re Aga Boswa rollout for the effective implementation of the Charter. From 18-20 May 2005 training will be presented to toll free line officials in the Department.

The Department has gradually established specialised courts to deal with specialised and sensitive cases related to sexual offences, equality, family and domestic cases and community courts and these courts has shown significant progress in comparison to the other normal courts. Through the establishment of specialised courts the Department does not intend to have a proliferation of courts and perpetuating an unequal court system from the service delivery outcomes from the specialised and mainstream courts, but to build specialisation around special cases. The Department has initiated a process to review the impact, effectiveness and sustainability of specialised courts within the judicial system. To date the status of the specialised courts are as follows:

Sexual Offences Courts: Fifty-two Sexual Offences Courts have been established thus far. Twenty-six of the 52 sexual offences courts are blueprint compliant and attention is being paid to providing the infrastructure to make the remainder blueprint compliant. Permanent positions will be created in conjunction with the Magistrates Commission to capacitate the approved sexual offences courts.

Equality courts: There are presently 220 designated Equality Courts throughout the country: On the 13th June 2003, 60 Magistrate’s Courts in all 13 administrative regions, were designated as Equality Courts. An additional 150 courts were designated as Equality Courts on 26 March 2004. As far as the High Courts are concerned, section 16(1)(a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 (Act No. 4 of 2000), provides that every High Court is an Equality Court for its area of jurisdiction. Infrastructure is being provided on a continuous basis as new courts are established. More than 800 magistrates have been trained in equality matters. More magistrates and court staff will receive training so that more courts are designated as Equality Courts to increase access. Successful public awareness campaigns have been launched in various areas, including Vryburg in the North-West Province, Khayelitsha in the Western Cape, Mapulaneng in Limpopo Province, Ngqeleni in the Eastern Cape, Johannesburg in Gauteng and Kwaggasfontein in Mpumalanga. Sixty-two cases under the Equality Act were reported in the 2003/04 financial year, of which five were finalized. A monitoring and evaluation system for equality court matters is in the process of being established.

Commercial crime courts: These courts are set up to deal with serious commercial crime in a more effective manner. We have now established further commercial crime courts in Durban and Port Elizabeth to add to the already existing courts in Johannesburg and Pretoria. The Durban commercial crime court was launched by the Minister for Justice and Constitutional Development on the 29 November 2004. We plan to have such courts established in 2005 for Cape Town and Bloemfontein. These commercial crime courts have gained business sector support and international acclaim as a best practise model. The Commercial Crime Courts are according to statistics clearly achieving average court hours that are considerably higher than that for normal regional courts (4h38 compared to 4h02). Such courts withdraw fewer cases and have a very high finalization rate. In some instances these courts reached a conviction rate of up to 94%.

Community courts: These courts are set up in pursuance of the President’s request in the May 2004 State of the Nation address and have as aim to handle cases that arise in certain crime hotspots in the communities. They can be distinguished from normal courts in that they are established in areas which have a prevalence of crime with a view to fast tracking the finalisation of those cases within the proximity of witnesses. They also operate with flexible hours compared to the normal courts, and like the Hatfield community court, the business community and other formations of civil society continue to contribute immensely in the establishment and sustainability of such courts. In addition to the original Hatfield court, the establishment of three Western Cape Community Courts (at Cape Town, Mitchells Plain and Gugulethu) was approved by the Minister on 17 November 2004. Between November 2004 and January 2005, the Western Cape has finalized 1444 cases with a 96% conviction rate as well as 446 diversions.

Hereafter, the following five (5) pilot projects commenced by the end of October 2004:

    1. Umtata (EC),
    2. Bloemfontein (FS),
    3. Phuthaditjaba (FS),
    4. Thohoyandou (1 July 2004), and
    5. Kimberley (NC).

They jointly finalized 25186 cases at the end of October 2004, with a 96% conviction rate and 183 diversions.

Since then four (4) more commenced as pilot projects on existing resources:

    1. Point (Durban, KZN),
    2. KwaMashu (Ntuzuma, KZN)
    3. Hillbrow, (Gauteng)
    4. Orlando (Gauteng)

Point finalized 108 cases in their first month of session, Hillbrow: 138 cases, KwaMashu: 51 cases and Orlando: 151 cases.

There are therefore at present, a total of thirteen (13) community courts of which 4 have been formally approved and another nine (9) which are operating as pilot projects on existing resources. A memorandum is being finalized to obtain approval for the 9 pilots as full community courts as their feasibility have been established after evaluation of the pilot period.

4.5 Review of the Criminal Justice System – the Department, through court services Branch will be leading this process on behalf of the JCPS cluster to take the process beyond the principle approval of the terms of reference. The proposed review procedure with all logistical arrangements including funding issues will be placed before Cabinet soon. This process is will also indirectly evaluate and review the impact of initiatives already put in place through the IJS and NCPS processes.

4.6 Restorative Justice Project

We have embarked on a cross-cutting project with the assistance of other departments to look at ADR and other restorative justice programmes in the various departments to assist the formal justice systems. Training of magistrates regarding restorative justice aspects is continuing.

4.7 Court Integrity - The Department s in partnership with the UNODC have targeted few courts in Mpumalanga, Gauteng & Northern Cape to conduct an investigation which will lead to the development of an action plan to address those factors found to compromise the integrity of the courts.

4.8 Improved access for Vulnerable Groups

The concept of access to justice calls up visions of a social order in which justice is brought within reach of all, both those blessed by their wealth and those depressed by their poverty. Underlying the concept is the notion that justice should be accessible to all equally and effectively, and conversely, that no one should suffer an injustice because she/he could not afford or was deterred from seeking due access to justice. The Branch is endeavoring to facilitate easy access to justice through:

Building capacity for the implementation of the Domestic Violence Act – Guidelines for magistrates to deal with domestic violence were developed in conjunction with them; training for other officials are also receiving attention. We are also taking justice to the people by initiating Domestic Violence Services at the Multi-Purpose Community Centre in Orlando, Soweto. This court is doing very well with an average of 6-8 cases ready for trial daily and up to ten new cases handled daily;

The appointment of 6 principal Family Advocates were finalized. Family counselors have been appointed to assist the family advocate and the role of the family advocate is being extended to cover maintenance and domestic violence aspects as well.

Johannesburg has delivered quick fixes on a variety of aspects and these are being rolled out. Additional staff has been appointed with backlogs in terms of maintenance. Maintenance investigators (150) are now in most of the bigger senior courts. Positive feedback indicates they are making a difference in practise. Maintenance case cycle time have reduced substantially where they are involved and they are also helping in uncovering assets that can be used in maintenance matters. Maintenance clerks and officer posts are being created. 340 maintenance clerks have been appointed temporarily while the permanent posts are being finalized. More (122) maintenance officers are to be appointed during 2005. Guidelines for maintenance presiding officers are being finalised in conjunction with the magistracy.

 

    1. Adequate, modern and secured court facilities

The implementation of minimum security measures to all courts is a priority of the Department. The minimum measures ensure that every court has guarding services, access control, cash-in-transit and compliance to occupational health policies and legislation.

The audit has been demarcated into minimum standards. 60% of the courts are in compliance with minimum standard. The audit will assist in determining priority in respect of capital works and repair and renovations and RAMPS

The department is attending to infrastructural development in each of the eleven urban and rural development nodes. The development centres around new courts, additional accommodation, repairs and renovations, ramp projects, installation of new or improvement of existing information technology systems together with the upgrading of office furniture and related equipment.

The sum of R 50 Million Rand allocated in the 2005 / 2006 will be used to rehabilitate courts that were identified as the most dilapidated and this was done in consultation with the Regional and Senior Court Managers. Thus far one hundred (100) courts are in the renovation and repair phase and are now being maintained via the ramp projects

Such projects are continuing with a particular focus on disadvantaged/ rural areas that have been prioritized and implemented each year and they will again receive preference in 2005. Soweto will be a very specific focus area as well as the 2 new High Courts.

Ramps have been constructed at various courts to allow access to wheel chairs, new court buildings with more than one level have had lifts included, specially demarcated parking areas have been made available where possible, infrastructure monies will be used to purchase wheel chairs for court officials to assist public when necessary, disability needs are now a general consideration when planning any departmental offices.

It is crucial that the judicial system invest in modern technology for greater efficiency. Central to the automation programme is the need for information and knowledge management to improve the quality of service.

The infrastructure in the courts, especially the lower courts leaves much to be desired. In most offices Furniture, Libraries, Recording equipments, Government vehicles are in a dilapidated stage and have a demoralizing factor on the court users. This will be covered under the rehabilitation plan for the existing infrastructure and the acquisition plan for new infrastructure. The budget remains the biggest constraints from making a big impact almost immediately.

4.10 Development of a language policy for courts

This is receiving attention in order to promote the use of all languages including African languages in court proceedings

4.11. Development of a new Quality Management (QM) Framework

The new function on QM for courts will be redefined to be relevant to courts and enhance overall performance. The setting of service standards inline with Batho Pele principles will underpin the new QM role. Relevant bodies/institutes like SABS and TQM Institutes will be interfaced with in this exercise. This will be a paradigm shift from the current policing approach to quality assurance/inspecting

4.12 Transformation issues

Despite clear indications that the personnel profiles of the Departments are changing, issues of perceived racism and willingness to transform attitudes appear to be an issue. Allegations of racism both overt and subtle were made. It is clear that there is a need to address the transformation of attitudes at a Departmental level with programmes such as diversity training and change management.

A colloquium was held recently to assist with some of the transformation aspects pertaining to the judiciary. The equality courts are also sending strong messages out that transformation is required in society in general and that government and the courts will come down on cases of racism.

 

5. VISITS TO LIMPOPO AND FREE STATE REPORT BACK


Four main areas were found to be problematic:

1. Access issues: Accommodation, education of community, redemarcation, language issues

2. Infrastructure and building maintenance issues: Lack of basic resources (telephones, vehicles, computers, paper, staplers etc), buildings very dilapidated (lack of Public Works doings its work)

3. Human resources issues: Shortage of staff, training, transformation, retention

4. Case flow aspects: Interaction with prisons/DCS/ SAPS/ DSD/LAB re case flow, statistics and overcrowding issues

In this regard the following specific aspects were indicated during the visits as requiring attention:

 

Progress on these issues

In the information furnished above, the various aspects have all being touched on to some or other respect. However, to assist some of the main progress on initiatives is again briefly reflected hereunder:

 

I. Access issues:

Accommodation: The objective is that the judicial system must be accessible to all and this can partly be achieved through the provision of adequate infrastructure. This is receiving urgent attention on all levels.

Discussions with public works continue to improve service delivery regarding maintenance of buildings and the building of new accommodation. A Repair and Maintenance Programme (RAMP) has been embarked upon in collaboration with the Department of Public Works to systematically attend to 93 buildings, at this stage effecting all repairs which would once again bring the buildings to the point of full functionality and thereafter properly maintain it. For 2005/06 an amount of R258,134 million has being budgeted and plans are in place to deal with this effectively.

Redemarcation is being finalized in line with SAPS and the Municipal boundaries and the process is to be completed during 2005.

Development of a language policy for courts to promote the use of African languages in court proceedings is receiving attention

Research on Alternative Dispute Resolution (ADR) mechanisms to ensure public participation in dispute resolution processes is receiving attention.

We are planning various awareness campaigns and communication activities to boost public awareness on their rights and the offerings of justice

Crimes against Women and Children are priorities of the NCPS and remain priority areas of the JCPS and Social Clusters. The priorities of the Social Cluster also reflect a focus on women and children in social service delivery and developmental and investment programmes. Rape as a crime form is receiving very focused attention in the whole JCPS cluster.

II. Infrastructure and building maintenance issues:

The Department is committed to continuing its focus on court infrastructure and the upgrading of our Courts will remain a major challenge. Significant progress is substantiated by projects that have been undertaken in previously disadvantaged rural areas of our country and will undoubtedly contribute to the goal of bringing justice closer to the people.

Allocations of R40 million in 2002/2003, R35 million in 2003/2004 and R34,1 million in 2004/2005 have made it possible to upgrade telephone systems, furniture, court recording equipment and office machines at many courts country wide.

Funds and systems at court level (JYP) are being made available to court managers with the required delegations to purchase what is required when it is needed. Some technical aspects causing some delays re JYP are being addressed.

The planning of and the installation of security measures, i.e. burglar bars, metal detectors, fencing, safety counters in cash halls, etc. are receiving urgent attention and currently forty four 44) offices are receiving priority attention.

III. Human resources issues:

We are dealing with the chronic and historic under-funding to create posts and retention of personnel with Treasury and the DPSA in a joint budget review process. In addition we have received R50 m for the filling of posts at court level and a HR development plan is being drafted to deal with this as best possibly. Another R15 m has been provided to create additional magistrates posts. This is also receiving attention.

Training programmes, in consultation with the various role-players to improve the effectiveness and efficiency of all courts functionaries have received and are continuously receiving attention, with Justice College even going so far as to give decentralised and ad hoc urgent training at those centra identified as problem areas.

IV. Case flow aspects:

Integrated Case Flow Management (CFM) is a project launched in response to the need to deal proactively with the huge backlog of both civil and criminal cases in our courts. It deals with aspects such as:

6. CONCLUSION

Our vision is to meet the challenge of assisting the Government in the creation of a stable society in which all communities are able to live in peace, safety and security.

To achieve this we have been working full steam towards improving the way our courts operate, dealing with the backlogs in cases and in improving the interaction between the various departments in the integrated justice system (IJS). Steps include:

Utilisation of budget reform as an instrument of improved planning, bench marking, performance assessment and undertaking to redirect spending away from administrative structures, to service and operational points;

Finding the most cost-effective way of implementing key new legislative frameworks and the development of a strategic approach to costing legislation;

Complying with increased Constitutional, legal and International obligations; and

The acceleration of transformation of justice services and in implementing legislation, implementation.

Though there are resource constraints, we are ready for the 21st century and the challenges of the next five years.