RESEARCH UNIT

9 October 2007

SUMMARY AND ANALYSIS OF THE ANNUAL REPORT OF THE LEGAL AID BOARD (LAB) 2006/07

1. INTRODUCTION

The purpose of this paper is to assist the Portfolio Committee on Justice and Constitutional Development in exercising its oversight responsibilities by providing a summary and analysis of the Annual Report of the Legal Aid Board (LAB) 2006/2007.

1.1 LEGISLATIVE MANDATE

The Legal Aid Board is an independent statutory body established by the Legal Aid Act 22 of 1969, as amended by the Legal Aid Amendment Act 20 of 1996. Despite its somewhat outdated enabling legislation, its legislative mandate is found in the Constitution and various statutes:

Legal Aid Act 22 of 1969 as amended

In terms of the Legal Aid Act 22 of 1969, as amended by the Legal Aid Amendment Act 20 of 1996', the LAB's main object of LAB is to render or make available legal representation to indigent persons at State expense as contemplated in the Constitution, which affords every citizen the right of access to justice.

The Constitution of the Republic of South Africa, Act 108 of 1996

Section 35(2)(c) provides that "everyone who is detained, including every sentenced prisoner, has the right to have a legal practitioner assigned to the detained person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly."

Section 35(3)(g) provides that "every accused person has a right to a fair trial, which includes the right to have a legal practitioner assigned to the accused person by the state and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly."

Section 28(1)(h) provides for "a legal practitioner assigned to a child by the State, and at State expense, in civil proceedings affecting the child, if substantial injustice would otherwise result."

The following Acts are also of relevance to the LAB's mandate:

Promotion of Equality and Prevention of Unfair Discrimination Act 2 of 2000

Section 30(1)(c) of this Act provides for the granting of the legal aid in Equality Court matters.

Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998

Section (4)(5)(d) states that "the unlawful occupier is entitled to appear before the court and defend the case and, where necessary, has the right to apply for legal aid.

2. VISION, MISSION AND VALUES OF LEGAL AID BOARD

The Vision of the LAB is for: "A just South Africa in which the rights enshrined in our Constitution are promoted, respected, defended, protected and fulfilled to ensure justice for all. n

The Mission of the LAB is "To be a leading provider of quality legal services, ensuring effective access to justice for the poor and vulnerable, in an independent manner."

The Values of the LAB include: "Dedication and commitment, Service Excellence and Professionalism, Respect for human dignity, Integrity, Efficiency and Effectiveness, Accountability, Promotion of an internal culture that is inspirational and empowering."

Issue for Consideration

·         Neither the Annual Report nor the strategic plan provides details of the Board's organogram. It is very difficult to establish how the Board is organised and how this relates to the allocation of responsibilities and funds

 

3. TECHNICAL ASPECTS

The Annual Report of the LAB 2006/07 was tabled before the National Assembly on 28 August 2007, in adherence to Section 65 of the PFMA which requires that reports be tabled by 30 September of each year.

The Report seeks to provide a detailed account of LAB activities and performance in the reporting period. The Report represents information using graphs and tables as well as using the narrative form of describing outcomes and achievements. The following comments must be noted in this regard:

 

·         It is preferable for reports presenting large volumes of empirical data to do so in the form of graphics. This makes it easier for the reader to understand and compare the data. While the Report does this in many instances, there are numerous other examples that would have been better illustrated using graphical representations.

 

·         Both the Annual Report and the LAB Strategic Plan 2006 do not identify targets and timeframes in which such targets are to be achieved. Instead a substantial portion of the performance report lists vague outputs. The Outcome Achieved is usually noted in a positive light. There are no quantifiable targets against which to measure outcomes and even if a success was achieved, it cannot be independently verified. This style of reporting allows for even minor successes to be noted in glowing terms while failures can be easily glossed over. It is therefore difficult to accurately measure performance in key areas.

 

 

·         As the Report fails to mention specific targets, it would have useful if more year on year comparisons were mentioned. This would allow for the level of improvement to be ascertained.

 

·         The Report is voluminous and it is possible for key areas to be overlooked as readers try to wade through the content.

 

4. TARGETS AS PER ESTIMATES OF NATIONAL EXPENDITURE

The Estimates of National Expenditure (ENE) 2006/07 lists the follow as targets for the Legal Aid Board in the reporting period.

 

·          

Sub programme

Output

Measure/Indicator

 

Legal Aid Board

Legal representation for the indigent

Number of cases finalised Percentage decline in criminal cases being heard without representation.

250 000 cases per year 10% fewer unrepresented cases per year

Table 1: ENE Medium Term Output Targets

The LAB falls under Programme 5: Auxiliary and Associated Service of the Department of Justice and Constitutional Development. The specific target set by the Department as indicated above is to increase the number of new matters handled by the LAB and to decrease the number of unrepresented accused by 10%.

 

·         The LAB has exceed the Department's target of 250 000 new matters, dealing with 314 084 matters in the reporting period.

 

·         The LAB lists reducing the number of unrepresented accused as a priority programme and alludes to its success. However there is no reported data in this regard and the success of .this programme cannot be measured.1

 

5. OVERVIEW OF PERFORMANCE: ACHIEVEMENTS AND CHALLENGES

5.1  SELECTED ACHEIVEMENTS:

 

·         The Board reports that it has provided access to justice for more than 350 000 citizens, which is an increase of 5% from 2005/2006.

 

·         All criminal courts in South Africa are now covered by the Legal Aid Board.

 

·         Children's Units were opened across the country, and the focus on awaiting trial prisoners continued.

 

·         The Board hosted a national Access to Justice conference.

 

·         The Board has increased representation on national and provincial steering committees established to improve efficiency of the justice system.

 

·         The Board maintained its public education programme maintained. This included holding community meetings countrywide and the distribution of annual newsletter to 6 million households, as well as the development and distribution of educational material.

 

·         The Board made a written submission made on the White Paper on the Transformation of the Judiciary. Written submissions were also made in respect of the Legal Services Charter.

 

·         For the sixth year in a row the Board has achieved an unqualified audit report.

 

5.2 CHALLENGES:

The Board faces a number of challenges. These include:

 

·         Inadequate coverage of courts despite having 58 justice centres and 41 satellite offices, the utilisation of Judicare and co-operation agreement partners. This requires an increased number of practitioners per court for effective service delivery. At present the Legal Aid Board is struggling to maintain a ratio of one practitioner per court.

 

·         Issues of providing access to Legal Aid, particularly in rural areas, remains a challenge.

 

·         Public perception that the standard of performance by LAB candidate attorneys in the District Courts is below standard. This is despite the care that is taken to ensure that candidate attorneys are properly trained and supervised. These perceptions require addressing. The heavy caseload of candidate attorneys needs to be addressed in order to achieve a balance between training and their exposure to work generally.

 

·         Inadequate remuneration of staff, particularly legal staff is a challenge. The remuneration of legal staff remains inconsistent within the justice cluster. While a DPSA process is underway this is not keeping pace with expectations, creating significant problems. In this regard, the Board reports that industrial action has become a real threat.

 

·         The absence of proper career pathing is also an issue.

 

·         The application of the means test excludes a large number of persons who not indigent nevertheless are unable to afford to fund their won legal expenses.

 

·         The issue of civil legal aid remains a problem. Approximately only 11 % of matters are civil matters but there is a huge demand for such services.

 

6. STRATEGIC PRIORITIES

The LAB identifies three key strategies in its Strategic Plan 2006 including:

1. Delivery of quality legal services.

2. Development of human capital to support the delivery of quality services.

3. Development of institutional capacity to support the delivery of quality legal services.

These three key strategies go to the core of the function of this entity. All these strategies seek to improve legal service delivery. Each objective is described in great detail. However no concrete targets and timeframes are provided. In some instances such targets cannot be set but in many instances they can be set. For example, Strategy 1 includes the delivery of quality legal services that are: "accessible to urban and rural clients through a national network of delivery points as well as focused/targeted programmes aimed at various categories of clients. However the Strategic Plan does not state how these goals will be met, how services will be extended to specified communities and in what timeframe this would be achieved.

This section will highlight some of areas of service delivery in terms of the three Strategic Priorities.

6.1  QUALITY LEGAL SERVICES

6.1.1 QUANTITY OF SERVICES PROVIDED

The performance of the LAB is measured in most part by the delivery of legal services. Some of the key measures of service delivery are indicated by the number of matters finalised, pending (outstanding) matters and the number of new matters.

·         Finalised Matters

 

An important aim of the LAB is to increase the number of finalised matters.

 

LAB DELIVERY SYSTEM

2006/2007

%

2005/2006

%

Justice Centre

312 824

90%

264 825

87%

Judicare

28 826

8%

32 941

11%

Co-operation partners

4847

2%

5360

2%

Total

346 497

 

303 126

 

Table 2: Finalised matters in 2006/7 in comparison to 2005/06

·         The LAB has increased the number of matters it has finalised by 1,4% compared to 2005/06.

 

·         However, when compared against the number of pending matters the total number of finalised matters decreases substantially, as shown in the following table.

 

NUMBER OF MATTERS FOR JUSTICE CENTRES

2006/2007

%

Finalised

312 824

67%

Pending

151 296

33%

Total

464 120

 

Table 3: Finalised and Pending Matters for 2006/07

·         Therefore 312 824 out of 464 120 matters were finalised, i.e. 67% of total matters handled by the Justice Centres. This is in sharp contrast to the 90% of matters reported by LAB. It is suggested that a more accurate picture would be provided if finalised matters are not only compared to previous year's finalised matters, but also to pending matters.

 

No breakdown as to how matters are finalised is provided. It is unclear whether these statistics represent the number of matter finalised by the LAB i.e. files closed, or whether it indicates the number of matters finalised in the court system i.e. matters concluded. Further, as no breakdown is provided it is unclear as to the mechanisms used to finalise these matters. For example, are attorneys implementing Alternative Dispute Resolution as promoted by the Department of Justice and Constitutional Affairs?

Questions

·         How were the above matters finalised? For example how many matters were finalised by the State withdrawing charges, trials completed or matter settled.

 

·         What percentage of finalised matters re-entered the Court system thus increasing court backlogs?

 

·         Pending Matters

LAB DELIVERY SYSTEM

2006/2007

%

2005/2006

%

Justice Centre

151 296

No data

150 295

76%

Judicare

No data

No data

44 766

22%

Co-operation partners

No data

No data

3172

2%

Total

No data

No data

198 233

 

Table 4: Pending matters for 2006/07 in comparison with 2005/06

·         Incomplete statistics are provided for the number of pending matters compared to 2005/06.

 

·         It is unclear as to how long these pending matters have been outstanding. Strategy 1 is to contribute to an effective and efficient legal justice system and Delivery Programme 5 provides for focussed programmes to remove blockages to efficient and effective functioning of the justice system. Figures do not enable one to gage how successfully such programmes have been implemented.

 

Questions

 

·         What are the reasons that cause matters to be outstanding over prolonged periods?

 

·         What is the average time it takes to finalise matters at district, regional, high court and civil matters?

 

·         What mechanisms are in place to monitor that matters do not stay on the Court system for prolonged periods of time?

 

·         What measures have been implemented to reduce the number of pending matters and reducing court backlogs?

 

·         Why are the pending matters for Judicare and cooperative partners not indicated? Are these monitored

 

New Matters

 

LAB DELIVERY SYSTEM

2006/2007

%

2005/2006

%

Justice Centre

314 084

87.5%

291 457

85%

Judicare

39331

11%

42 787

13%

Co-operation partners

5468

1.5%

6000

2%

Total

358 883

 

340 244

 

Table 5: New Matters for 2006/07 in comparison with 2005/06

·         The total number of new matters, in comparison to 2005/06 has increased by 5%. This is a notable improvement.

 

·         However, as no targets in respect of new matters were set, performance cannot be objectively measured.

.Questions

 

·         What strategy is the LAB using to increase the number of new matters?

 

·         In what percentage of new matters did the LAB represent children?

 

·         What is the target for new matters in the next financial year?

 

Civil Legal Aid

 

LAB DELIVERY SYSTEM

FINALISED

 

NEW

 

 

2006/2007

2005/2006

2006/2007 .

2005/2006

Justice Centre

33 545

28 455

34 393

36 304

Judicare

603

417

2324

1 556

Co-operation partners

3622

4048

4299

5005

Total

37 770

32 920

41 016

42 865

Table 6: Civil Legal Aid matters (new and finalised) for 2006/07 in comparison with 2005/06

·         The number of finalised matters has increased but there has been a decrease in the number of new civil matters. No reasons are provide for the decline.

 

·         There is no indication of pending civil matters.

 

·         It is noted in the Annual Report by the Chairperson, that the issue of civil legal aid is unresolved and that the Department of Justice has not provided guidelines as to how funds will be allocated to this area.

 

Questions

·         In light of the vast number of people unable to afford private attorneys, what strategy is the LAB using to increase its services in this area given the above mentioned constraints?

 

·         Judicare

 

 

Q1

Q2

Q3

Q4

Civil

388

375

424

1 137

Criminal

6457

6464

5478

18 608

Table 7: Civil and Criminal Judicare Matters for 2006/07 per Quarter

·         The allocation of matters to Judicare shows substantial increases in the last quarter of the year. However when this is compared to the New Matters dealt with by the Justice Centres, there is no comparable spike in matters received. This can be observed across provinces and regions.

 

·         It is unclear as to why such an increased number of matters were allocated to Judicare in the last quarter.

 

·         This could indicate either poor planning or capacity issues. This would have budgetary implications.

 

·         It is unclear as to what systems are in place to monitor the performance and delivery of Judicare.

 

Questions

·         Why were increased numbers of matters allocated to Judicare in the last quarter of the reporting period?

 

6.1.2 INCREASING QUALITY OF SERVICES

Various interventions and monitoring programmes were implemented to improve quality. These programmes focused on ensuring that legal practitioners were better prepared to represent clients. This was done by using checklists, case discussions, mentorship programmes and court observation.

·         No targets are provided as to how quality has been increased. The Report states that an independent audit of legal service delivery was conducted. This is merely reported on and no year on year statistics of the quality measures obtained are provided. Quality and how it is measured is not defined.

 

·         The Report states that quality targets were exceeded by LAB practitioners. No data is provided to support this. This is serious oversight in the Report. There is a perception that LAB attorneys especially candidate attorneys, are unable to deliver quality legal services. This data should therefore be reported on to demonstrate whether this perception has any substance.

 

·         It is reported that the recommendations of the previous legal quality audit were implemented. However this cannot be measured as no further information is provided in this regard.

 

Questions

·         What standards are used to measure legal 'practitioners' performance?

 

·         How is performance monitored on a daily basis, outside the yearly legal audit?

 

·         What is the ratio of supervisory staff to candidate attorneys in terms of monitoring quality?

 

6.1.3 INCREASING ACCESS TO SERVICES

A key output of access to services is to increase coverage in all courts. There was a special focus on increasing access of legal services to children and awaiting trial prisoners.

The LAB ensured that clients were able to access its services at all criminal courts. Children's Units were established at a number of Justice Centres and the LAB's representation of children has increased. The number of unrepresented accused has been reduced.

·         No figures are provided to indicate the degree by which the representation of children has increased.

 

·         Reducing the number of unrepresented accused is listed as a key priority but again there are no measurable indications of whether this was done.

 

Questions

 

·         How many Children's Units have been established? How are they distributed nationally?

 

·         In what percentage of its matters has LAB represented children in the last financial year?

 

·         What percentage of the total number of juvenile offenders in the court system, are represented by the LAB?

 

·         What mechanisms are in place to expedite matters involving juvenile clients and awaiting trial prisoners?

 

·         What initiatives are in place to increase legal services to awaiting trial prisoners

 

·         By what percentage has the number of unrepresented accused decreased?

 

6.1.4 INCREASE AWARENESS OF THE LAB SERVICES

The Report states that this programme was fully implemented with numerous education outreach programmes, visits to schools, communities and civic formations. The programme contributed to the increased awareness of the LAB.

·         Community outreach is reported on but not measured against any specified target. However when compared to the same events last year there is a notable decline in the number of programmes.

 

EVENT

2006/2007

2005/2006

Fair play tournaments

64

68

Community events

91

86

Cell branding

50

58

Public lectures

73

151

Total

278

363

Table 8: Awareness events for 2006/07 in comparison to 2005/06

Questions

 

·         Why was there a reduction in the LAB community outreach programmes?

 

6.2 DEVELOP THE HUMAN CAPITAL TO SUPPORT THE DELIVERY OF QUALITY SERVICES

6.2.1 DEVELOPING PEOPLE CAPACITY/COMPETENCIES

·         Recruitment levels

 

In terms of recruitment, adequately staffed business units, are identified as a key output.

In terms of this Report recruitment levels at Justice Centre Level were 92% and at National Level were 93%, for 2006/07.

Questions

 

·         What strategies are being utilised to attract and retain legal practitioners who have achieved good performance?

 

·         Candidate Attorneys

 

I terms of candidate attorneys the identified output is to re-align the number of candidate attorneys used to deliver legal services in order to impact on quality and to improve sustainability.

During the reporting period concerted efforts were made not to increase the number of candidate attorneys employed and to employ legal professionals and supervisory staff. Motivation was submitted in the Medium Term Expenditure Framework for the allocation of additional funds to employ more professionally qualified staff.

·         It is not clear to what extent this target was achieved. The number of Candidate Attorneys employed in contrast to other years is not indicated. It is also not indicated how many more professional and supervisory staff have been employed.

 

·         It is unclear how this goal was met as the Report states that continuous motivation was submitted for the allocation of additional funds in the Medium Term Expenditure Framework. It does not indicate whether these allocations were approved.

 

·         There is no indication of the ratio of candidate attorneys to professional staff that the LAB has as a target.

 

·         There is no indication of a clear programme stipulating logistics needed and timeframe for implementing such a goal.

 

·         The Strategic Plan does not indicate how the need to reduce the number on candidate attorneys will be balanced with the need to LAB to provide employment opportunities for graduates especially those who are previously disadvantaged.

 

Questions

 

·         What percentage of legal staff are candidate attorneys and what percentages of courts are serviced by them?

 

·         In light of the LAB seeking to increase the number of professionally qualified legal staff, will the number of candidate attorney be reduced at district court level and what are the budgetary implications of this?

 

·         What is the LAB's plan in respect of logistics and timeframes in implementing such a plan?

 

6.3 DEVELOP THE INSTITUTIONAL CAPACITY TO SUPPORT THE DELIVERY OF QUALITY LEGAL SERVICES

6.3.1 BLACK ECONOMIC EMPOWERMENT (BEE) MONITORING SYSTEM

The implementation of a BEE Monitoring System was identified as an output.

The BEE Monitoring System was not implemented, during the reporting period due to capacity constraints. This programme will be implemented in the 2007/08 financial year.

 

·         These obstacles are not explained and no further details are given.

 

Questions

 

·         What measures have been taken to remove the capacity constraints that prevented this programme from implemented?

 

6.3.2 IMPROVEMENT OF EMPLOYEE SKILLS

Improving employee's skills and development was identified as a key output.

A total of 2 752 hours non-legal training was conducted during the reporting period.

·         It is reported that due to time constraints, the training target was not achieved.

 

·         It is impossible to assess the degree of underperformance as the target is not revealed.

 

·         The reason for the non-achievement of the training target is elaborated on.

 

Questions

·         What measures have been taken to improve planning so that this programme is not hampered by time constraints in the 2006/07 financial year?

 

6.3.3 NATIONAL INFRASTRUCTURE FOR THE DELIVERY OF LEGAL SERVICES

The LAB seeks to match staff capacity with court demand. This will be done by enhancing Ad Infinitum (computer programme that collects data) to assess demand emanating from each Court. At present the ratio of practitioner per court is inadequate to meet demand and quality standards and motivation for additional funding for this purpose as been forwarded.

·         This is the plan of action adopted by LAB but is reported as an outcome achieved.

 

Questions

 

·         What is the average ratio of legal practitioners per court?

 

6.3.4 MANAGING JUDICARE

The Legal Aid Act will have to be amended to allow for the extension of attorney client privilege to allow LAB employees to conduct quality reviews. However the efficiency of Judicare was monitored.

 

·         The LAB reports that it was unable to monitor and evaluate the quality of the legal content of the work undertaken by Judicare practitioners. It did however monitor the quality of the work of its co­operation partners. It is unclear how attorney client privilege was dealt with in this instance and why this was possible with co-operation partners but not with Judicare practitioners.

 

·         It is not report as to the measures taken to amend the Legal Aid Act, to allow for such monitoring.

 

·         Further it is not reported as to why alternative measures were not taken to facilitate such monitoring, such as asking clients to content to such monitoring when the Judicare practitioner is being allocated.

 

6.3.5 BUDGETS AND FINANCIAL ACCOUNTING

The controlling of expenditure with the parameters of the 12 month expenditure plan and ensuring expenditure was within 99, 5% if budget or overspend, was identified as a key output.

The LAB was successful in this respect with expenditure being within 95% of budget and no over­expenditure recorded.

6.3.6 LEGAL AID BOARD POLICIES AND PROCEDURE

·         Amending Legal Aid Act

 

The enacting revised Legal Aid Act to ensure better access to justice to indigent people was identified as a key output.

 

The LAB has submitted a draft policy on Legal Aid to the Minister of Justice in respect of amendments to the Legal Aid Board Act. The Department will finalise the first draft of the Bill in the 2007/08 financial year.

·         Updating Legal Aid Guide

 

The LAB identified the aligning of the Legal Aid Guide to operational and client needs as a key output.

The Legal Aid Guide submitted in 2005 to the Minister is still awaiting approval. Revisions to policy were dealt with on the basis of circulars.

7. HUMAN RESOURCES

7.1  Employment and Vacancy By Region

While the LAB notes an average vacancy rate of 8, 52%, both the National Office and the Kopanong Region have relatively high vacancy rates of 12, 05% and 15, 54% respectively. The Kopanong region deals with the largest portion of Legal Aid matters.

The vacancy rate in critical occupations averages 11 %. In four out of eight critical occupation areas, namely Legal, Finance, Human Resources and Legal Development have vacancy rates all above 10%. Finance has a vacancy rate of 40%.

7.2  Staff Turnover

Out of an average of 1 941 employees in the reporting period, 532 staff terminated employment. The average staff turnover rate was 2, 27% for the year with a notable increase of 19% in February 2006. On average 44 employees left the LAB each month while 59 were employed per month. Of the 532 staff that left 50% resigned and in 46% of cases their contracts had expired.

·         Staff turnover rate is low and below average compared to other public entities and government department.

 

·         However half of staff turnover is due to resignations. It is not indicated as to the category of staff with the highest turnover rate.

 

Questions

 

·         What steps are taken by the LAB to retain experienced and qualified staff?

 

·         As the LAB ascertained the reasons as to why the majority of staff leaving are resigning?

 

·         What are those reasons?

 

7.3 Employment Equity

 

RACE

AFRICAN

COLOURED

INDIAN

 

WHITE

 

 

 

GENDER

M

F

M

F

M

F

M

F

M

F

Legislators senior officials & managers

28%

19%

5%

4%

6%

4%

20%

14%

59%

41%

Professionals

44%

21%

6%

9%

3%

5%

6%

6%

59%

41%

Technicians & associated professionals

42%

22%

10%

3%

5%

0%

10%

8%

67%

33%

Clerk

28%

40%

3%

9%

2%

4%

3%

11%

36%

64%

Total

39%

26%

5%

9%

3%

4%

6%

8%

53%

47%

Table 9: Breakdown of staff for 2006/07 according to race and gender

In all categories the representation of African females are not in line with equity targets. In the first category (Legislators, senior officials & managers), African people are underrepresented while white people are overrepresented. Women are underrepresented in all categories with the exception of clerks. Disabled people make up 0,5% of employees.

A comparison of equity in term of occupational level reveals that women especially African women are underrepresented in every category except the lowest category of semi-skilled and discretionary decision making, administration officers. At top and senior management level only 1 out of 13 and 1 out of 17 positions are occupied by African females. At senior management level less than 20% of employees are female. At professionally qualified, academically qualified workers and junior management level only 32% of employees are female and 8% are African female.

Of all employees 26% are African female and 39% are African male. However of the 535 employees who left the LAB, 31 % were African female and 42% were African male. The LAB has clearly as a problem attracting and retaining staff in these groups.

Recruitment figures for the reporting period indicate that although efforts are being made to reach equity targets, the recruitment of African women in most categories lags seriously behind.

Questions

·         What steps have been implemented by LAB to attract candidates in the underrepresented equity categories?

 

·         What targets and timeframes have been implemented to meet equity targets?

 

7.4 Training

1 510 out of 2 500 employees attended some form of training i.e. 60,4% of employees.

·         There are no details of the type of training conducted?

 

·         There is no indication of the average number of hours of training received by employees?

 

Questions

 

·         What was the average hours of training received by employees, especially candidate attorneys?

 

·         How will the LAB increase the number of employees trained, as only 60,4% of employees received training in the last financial year.

 

8. REPORT OF THE AUDITOR GENERAL

The Report of the Auditor General for 2006/07 indicates the LAB received an unqualified audit. The Auditor did draw attention to ancillary matters relating to human resources and payroll functions. The Report identifies "significant control deficiencies" in the SAP R/3 system (a software package) used for human resources and payroll that arose due to special attention not being paid to the risks presented by the change in the human resources and payroll application. The AG Report notes that LAB resources are inadequate relative to the requirements of this software application. Further key duties and responsibilities in this regard were not always appropriately divided or segregated to reduce the risk of error, waste or fraud. The AG Report states that these deficiencies would be addressed by LAB management in the 2007/08 financial year.

9. FINANCIAL STATEMENTS

The LAB was allocated an amount of R 501 409, 00. At the end of the reporting period, expenditure was within 99% of budget and there was no over-expenditure reported.

The Report notes the concern of the Auditor General in respect of SAP R/3 system. An internal audit also raised concerns about this system. The LAB seeks to address these gaps in the next financial year.

10. CONCLUSION

In order to ensure more accurate evaluation of performance, the LAB needs to set specified quantifiable and measurable targets. There is a need for clear targets and clear reporting of the extent to which it has been attained. This will assist not only the Portfolio Committee but the LAB itself to gage performance and improve in areas were necessary.