Report of the Portfolio Committee on
Justice and Constitutional Development on Budget Vote 23: Justice and
Constitutional Development, dated 4 May 2010
The Portfolio Committee on Justice and
Constitutional Development, having considered the Budget Vote 23: Justice and
Constitutional Development, recommends that the budget be approved. The
Democratic Alliance abstained.
The Committee reports further as follows:
1.
Introduction
1.1.
The Committee was briefed on the budget of the Department of
Justice and Constitutional Development on 17 March 2010 and 21 April 2010.
Minister J Radebe provided a political overview of the Justice Department’s
Medium Term Strategic Framework, 2010-2014 on 21 April 2010.
1.2.
Budget Vote 23 has five programmes in all. The Department is
directly responsible for Administration, Court Services and State Legal
Services. Programme 4 contains the allocation to the National Prosecuting
Authority, which accounts separately for its spending. Programme 5 contains a
variety of auxiliary services associated with the Department’s aim, and funds
transfer payments to, among others, the Legal Aid South Africa (referred to in
the Vote as the Legal Aid Board), the South African Human Rights Commission and
Public Protector. The Commission for Gender Equality is no longer part of this
programme as was the case in past years.
1.3.
The Committee held separate briefings for the National
Prosecuting Authority and Legal Aid
1.4.
Those who appeared before the Committee for the briefings
included: Minister J Radebe; Director General (DG), N Msomi; Deputy Directors
General (DDGs), S Jiyane, D Rudman (Legislative Development) and V Shabalala
(Corporate Services); (Acting) Chief Financial Officer (CFO), J Johnson; Chief
Director, P Du Randt (Court Services), (Acting) Chief Executive Officer (CEO) -
NPA, K De Wee, Chief of Staff, T Tlali, Deputy Chief State Law Adviser, JB
Skosana, and DDG, D Rudman.
The National Director of Public Prosecutions, M Simelane, was accompanied by
Deputy National Director of Public Prosecutions (DDPP), S Ramaite Executive
Manager, G Hollamby, DDPP, E Matzke, Director of Public Prosecution (DPP), M
Thenga, DPP,
The Public
Protector, T Madonsela, was accompanied by Deputy Public Protector, M Shai,
CFO, L Mculu, Executive Manager: National Investigations, E de Waal, Senior
Manager: IT, C Motau, Senior Manager: Facilites, Z Mntuntum, Executive Manager:
Intake and Early Resolution, M Schutte, Provincial Representative, R van
Rensburg, Senior Manager: Liaison, S Mothupi and Senior Manager: Strategic Support, P Mogaladi
1.5.
The report includes an overview of the presentations made by
the Department, focusing mainly on its achievements for the past financial
year, the key activities planned for 2010/11 and over the next three years, and
the anticipated spending pressures.
1.6.
It should be noted that this is the first year that
Parliament is able to put into practice its constitutional power to amend money
bills. Until now, Parliament has been unable to amend the Budget as there was
no legislative procedure that allowed it to do so. The Money Bills Amendment
Procedure and Related Matters Act provides for the necessary procedure.
Parliament, however, may only amend the Budget within the adopted fiscal
framework, and proposals to amend a money bill should take into account
previous oversight findings. Committees must also submit budget review reports
later in the year containing recommendations that will contribute to the next
year’s budget allocation. The briefings and the ensuing discussions are
integral to this process and will feed into the budget review report.
2.
Minister’s
political overview
2.1.
Minister JT Radebe gave an overview of the Justice
Department’s strategic plan 2010-2014. The justice system has inherited
distinct challenges which must be addressed. These relate to eradicating
apartheid legacies, building a society founded on constitutional democracy that
realizes human rights, protecting people from violence and intimidation, and
ensuring equal access to justice to all, especially those who were previously
disadvantaged.
2.2.
The Department’s strategic plan attempts to deal with these
challenges, and is aligned with the Justice Crime Prevention and Security
Cluster Outcome, which seeks to ensure that all people in
2.3.
The Department’s mandate is to uphold and protect the
Constitution and the rule of law. It is responsible for overseeing the
administration of justice in the interests of a safer and more secure
·
Comply with its statutory mandate.
·
Display sound management of its resources.
·
Promote the Constitution to ensure effective citizenship and
community empowerment.
·
Develop, implement and promote justice policies and
legislation
·
Expand justice systems and processes to ensure access and
proximity to communities living in rural and township areas.
·
Transform justice and the judicial system.
·
Administer the Courts to ensure fair and effective conflict
resolution.
·
Protect and promote the rights of vulnerable groups.
·
Administer deceased and insolvent estates, the Guardian’s
Fund, trusts and curatorship.
·
Collaborate with cluster partners to prevent, control and
fight crime.
·
Support the National Prosecuting Authority, Legal Aid
·
Ensure that the procurement of legal services responds to
the national imperative of economically empowering previously disadvantaged
persons.
2.4.
The Minister acknowledged that poor internal control systems
have contributed to the Department receiving qualified audits for several
years. Measures intended to ensure improved corporate governance and enhanced
internal control systems include:
·
A robust financial turn-around strategy that establishes
building blocks towards an unqualified audit.
·
Improved enterprise risk management systems.
·
Increased conviction rates in cases of fraud and corruption
in the criminal justice system.
·
Improved record management in the courts (in certain
identified courts 100% of lost files will be tracked and restored).
·
The reduction of the vacancy rate from 14% to 5% in the next
2 years.
2.5.
The Court Services programme outlines a fundamental
aspiration of government, which is to address the injustices of apartheid that
entrenched racism, tribalism and sexism. The Minister emphasized that no one
should live beyond the law’s reach and protection. R 3.8 billion has been
budgeted for the Court Services programme to improve access to justice. This
will be used, among others, to fund the construction of a new high court in
2.6.
The Court Services programme also aims to ensure that the
courts are managed soundly so that they deliver justice services to the public
in a way that respects the dignity and constitutional rights. This includes
improving the quantity and quality of justice services; providing justice in
the indigenous languages (including Braille and sign language); developing a
service delivery charter; continuing with efforts to educate the public of
their rights; and conducting surveys to help increase public confidence in the
civil and criminal justice systems). Also, victims of crime and of apartheid
should be offered appropriate support.
2.7.
The Department’s major policy for the Court Service
programme aims to strengthen the Office of the Chief Justice and to enhance the
independence of the judiciary. The Department is working closely with the Chief
Justice to finalise the structure of the Office, as well as develop a policy
framework and the Judicial Authority Bill to strengthen the judicial arm of
government. The intention in the coming financial year is to finalise the
policy framework on the Transformation of the Judiciary and bring related
legislation to Parliament.
2.8.
The Department is reviewing the efficiency of the civil
justice system to make it more accessible, respectful of people’s rights and
more responsive to their needs. A report on deficiencies in the system will be
submitted to Cabinet this year.
2.9.
Implementation of the ‘7-Point Plan’ for the review of the
Criminal Justice System continues. At least 60% of identified interventions in the
criminal justice system will be implemented, including increased resolution of
backlogged cases. The Minister emphasised that eradicating case backlogs
requires close partnership with the NPA.
2.10.
Equitable access to justice requires that the people know their
rights and are aware of what justice services are offered. Efforts to raise
public awareness of the Equality Courts, Small Claims Courts, Victims’ Charter
and child and spousal maintenance continue.
2.11.
13 Small Claims Courts have been established (most in rural
areas), making a total of 201 of these courts. 112 commissioners have been
appointed in the past year. The rollout of small claims courts to all
magistrates’ courts will be accelerated.
2.12.
Implementation of the Service Charter for Victims of Crime will
continue. There will be increased focus on educating victims of their rights
and of the services they can expect at courts.
2.13.
Queues for maintenance matters remain too long, despite
improved and increased services. The target is to ensure that people queuing
for maintenance are served within 2 hours. The Electronic Funds Transfer (EFT)
project, which allows the Department to pay maintenance monies directly to
beneficiaries’ accounts, is still on track. It is a temporary solution, while
the more comprehensive Third Party Funds Project bid process is being
finalized.
2.14.
Implementation of the Child Justice Act, 2008 will continue.
The aim is to reduce criminal cases involving children through diversion by 12
% this year. 50% of all family law cases
will be finalized in the Office of the Family Advocate.
2.15.
The Prevention and Combating of Trafficking in Persons Bill
has been introduced in Parliament and referred to the Justice Portfolio
Committee. It is hoped that this Bill, as well as the National Strategy for the
Reduction of Gender-Based Offences will both be finalized next year.
2.16.
The State Legal Services programme contains multifaceted
justice initiatives, including transformation of the justice system, the state
and society as a whole. The Department
aims to establish a branch responsible for constitutional development. This
will strengthen the Department’s role in developing the Constitution and
promoting participatory democracy.
2.17.
Other measures to strengthen constitutional development
include partnering with the Foundation for Human Rights; signing 60 Service
level Agreements with civil society organizations; establishing 15 new
community advice centres across the country; and enabling at least 80 civil
society organizations to participate in Constitutional Development Dialogue.
2.18.
To improve the provision of services for deceased and
insolvent estates, at least one main magistrate’s court per district will have
the capacity to deliver probate services to their communities. 80% of
beneficiaries in terms of the Guardians’ Fund will receive services within 40
days.
2.19.
The Department’s preparations for the 2010 FIFA World Cup
are at an advanced stage: 56 courts located near the stadiums have been
dedicated to deal solely with World Cup related cases. These will open for long
hours to ensure that all World Cup related cases are dealt with and finalized
during the World Cup. The necessary resources for these courts have been
approved.
2.20.
The Department is in the process of aligning its legal
advisory and litigation services to the provincial and local governments to
ensure that they are protected from any significant or potential legal actions.
Consultation is taking place with stakeholders on the draft Blueprint that
seeks to co-ordinate ad manage state litigation on behalf of and against
government, Service level agreements will be entered into between the various
State Attorney’s offices ad Heads of Departments both at provincial and
national level. The Department is also developing a policy on briefing legal
practitioner to ensure that 65% of the value of briefs is made to previously
disadvantaged individuals and/or firms. Strategies are in pace to reduce
departmental litigation costs by 25% for 2010/11.
2.21.
Progress has been made on certain aspects of the
transformation of the judiciary. The Department is also finalizing consolidated
policy frameworks to address outstanding aspects, including the rationalization
of the High Courts and harmonization of the appointment procedures for judges
and magistrates.
3.
Overview of the
Department’s Strategic Plan 2010-2014
3.1.
The DG gave more detail on the Department’s Medium Term
Strategic Framework for 2010-2014, which is divided into 2 parts:
·
The first contains the Department’s legislative mandate,
defines its key stakeholders and explains its vision, mission and aspirations.
·
The second sets out the strategic outcomes that the
Department has adopted and gives details of its programmes (as found in the
Estimates of National Expenditure (ENE)).
3.2.
Access to justice, especially for vulnerable groups, remains
an essential to the aspirations of this country. However, the Department’s
vision and mission, as well as its corresponding strategic objectives, have
been re-crafted in line with national priority outcomes. This will assist it to
continue to administer justice, align its strategy with those of its Cluster
partners, and focus on providing safety and security and building public
confidence in the justice system.
3.3.
The Department has also resolved to review its structure,
adding on to its organisational structure three components (Constitutional
Development, Communication and Entity Oversight), and to provide policy and
legislation that will help establish the court administration agency.
3.4.
Programme 1:
Administration
3.4.1.
The Administration programme manages the
Department, develops policies and strategies for the efficient administration
of justice, and provides centralised support services. It consists of five sub-programmes: Minister, Deputy
Minister, Management, Corporate Services and Office Accommodation.
3.4.2.
As the Department has had significant
challenges with its internal control systems, the identified outcome for this
programme is the provision of strategic leadership and improvement of internal
control systems to ensure compliance and accountability.
3.4.3.
This Outcome is supported by the following
measurable objectives:
·
Improving corporate governance to comply
with PFMA and other relevant legislation and prescripts.
·
Managing priority projects aimed at
improving internal control systems.
·
Providing sound management of state
resources (human, finance, information technology, capital assets).
·
Expanding justice infrastructure and
services to people living in townships and rural areas.
·
Providing strategic leadership to the JCPS
Cluster and strengthening the oversight mandate.
·
Increasing public understanding of justice
issues.
·
Intervening to protect victims from the
impact of apartheid and crime.
3.5.
Programme
2: Court Services
3.5.1.
The Court Services programme provides and manages courts,
facilitates the resolution of criminal, civil and family law matters, including
the administration of justice services at provincial levels. The Programme
requires working in collaboration with other government departments to promote
and protect the rights of children, women, the aged, the disabled, and other
vulnerable groups.
3.5.2.
Court Services has 10 sub-programmes in all:
3.5.3.
The programme’s outcomes are to provide effective support to
court administration and to strengthen the Office of the Chief Justice and
enhance the independence of the judiciary.
3.5.4.
The DG highlighted the following measurable objectives
supporting the outcomes for this programme:
·
Providing sound support to the judiciary as
a separate arm of government.
·
Reviewing the criminal and civil justice
systems.
·
Ensuring qualitative, quantitative and timely
justice services.
·
Providing sound administrative support and
guidance to Regional Offices.
·
Improving the delivery of services to
comply with Batho Pele principles.
·
Executing initiatives aimed at protecting
and promoting the rights of vulnerable groups (children, women, the aged, the
poor, and the disabled).
3.6.
Programme 3: State
Legal Services
3.6.1.
The State Legal Services programme aims mostly at
transforming Justice, State and Society. Its functions encompass constitutional
development; legislative development, including legal research; providing legal
advisory services to organs of state and Parliament; providing litigation
services to organs of state; and providing probate services, administering the Guardian’s Fund, and regulating insolvency and liquidation
systems.
3.6.2.
The programme has four sub-programmes: State Law Advisors;
Litigation and Legal Services; Legislative Development and Law Reform; and
Master of the High Court.
3.6.3.
The programme’s identified outcome has many facets: To
provide legal advisory and litigation services; to supervise the administration
of deceased and insolvent estates and the Guardian’s Fund; to prepare and
promote legislation; and to facilitate Constitutional Development.
3.6.4.
The following measurable objectives supporting the outcome
were highlighted:
·
Promoting constitutional development and strengthening of
participatory democracy.
·
Improving the provision of legal services to state organs.
·
Administering deceased and insolvent estates, the Guardian’s
Fund, trusts and curatorships.
·
Developing and promoting legislation.
4.
Programme
4: National Prosecuting Authority
4.1.
The National Director of Public
Prosecutions (NDPP) presented the NPA’s Strategic Plan 2010 - 2015.
4.2.
The National Prosecuting Authority
programme provides prosecution services, including protecting victims of sexual
violence, conviction of sexual offenders, investigation and combating of
serious, organised crimes, removal of profit from crime and the protection of
state and prosecution witnesses.
4.3.
The NDPP gave an interpretation of the
NPA’s legislative mandate, as well as the roles and powers of the NDPP and
Directors of Public Prosecutions (DPPs). He emphasised that the
Director-General of the Department of Justice and Constitutional Development is
the NPA’s accounting officer, and provided some detail on the
restructuring/transformation of the NPA which was directed at creating a highly
centralised operational structure focused within the office of the NDPP.
4.4.
He noted that DPPs have original powers to
institute criminal proceedings. The NPA’s strategy is to ensure that the
legislative mandate is complied with fully. The focus will be on the role of
the DPPs as the prosecutorial decision-making authority. This decision-making
power is exercised (to a large extent) independently. The NDPP exercises
oversight through enterprise performance management.
4.5.
NPA’s Strategic Plan 2015 provides that
prosecution focus areas will be either designated as general (encompassing
violent crimes, trio crimes and contact crimes) or specialised (including
crimes against women and children, maintenance, environmental specialised tax
and corruption). These are linked with JCPS targets and measurable outputs
directed at finalising more cases and re-engineering business processes in and
around courts.
4.6.
The NPA’s key measurable
objectives of the NPA are to reduce the number of case backlogs; combat
corruption; and establish additional Thuthuzela Care Centres (TCC’s).
4.7.
The NPA has four core programmes: Public
Prosecutions; Office for Witness Protection; Asset Forfeiture; and Support
Services. The NDPP mentioned that that Support Services, essentially the
administrative support structure for the NPA, will now be incorporated within
the DOJ&CD.
4.8.
The NDPP identified challenges relating to
pressures at the lower courts and high withdrawals of cases; the need for more
prosecutors to match the increase in SAPS numbers; the need for additional
office accommodation and funding for the TCC’s when donor funding ceases in the
near future.
5.
Programme
5: Auxiliary and
Associated Services
5.1.
The Programme provides for a variety of
auxiliary services associated with the Department’s aims. Expenditure under
this programme is mostly in the form of transfer payments to the Office for the
Control of Interception and Monitoring of Communication, the South African
Human Rights Commission, the Public Protector, the Legal Aid Board, the Special
Investigating Unit, Justice Modernisation, the Represented Political Parties
Fund, and the management of the President’s Fund.
5.2.
The Chairperson and CEO of Legal Aid
5.3.
The Chairperson, (Acting) CEO and (Acting)
CFO of the South African Human Rights Commission (SAHRC) provided an overview
of the Commission’s Strategic Plan 2010/11 – 2012/13. The SAHRC positions
itself as ‘a champion for the realisation of human rights’. Its mandate is to
promote a human rights culture, monitor the observance of human rights and seek
redress for violations, as well as to report on legislative obligations under the Promotion of Equality and the Prevention of Unfair
Discrimination Act (PEPUDA) and
Promotion of Access to Information Act (PAIA). The Chair explained that
the new Commissioners had very little time to come together to influence the
SAHRC’s Strategic plan 2010/11 – 2010/13. He undertook to brief the Committee
on the revised Plan once it is finalised. Uncertainty created by the
resignations of the CEO and CFO in January 2010, problems with low staff
morale, a gradual decline in the overall complaints received by the SAHRC; and
the need to fast track the Human Rights Commission Amendment Bill were
identified as challenges. Other challenges relate to budget constraints (there
are no funds for increased capacity or office allocation and an inadequate
budget for PAIA responsibilities).
5.4.
The Public Protector (PP) presented a
strategic plan that identified a ‘new growth phase’ for the organisation under
the new PP. It contains a new vision and mission for the PP. Key strategic
objectives include increased accessibility, prompt remedial action, good
governance and an efficient and effective organisation. There are three core
programmes: Strategic Direction and Executive Support, Core Operations and
Corporate Support Services. The Core Operations programme will have an Early
Resolution Unit to resolve ‘quick’ matters (such as those relating to identity
documents, pensions and grants) swiftly. A series of stakeholder meetings have
assisted to identify specific areas of intervention. Challenges that were
identified include the need to strengthen professional capabilities, especially
forensic investigation skills, a lack of funds to
open more regional offices, as well as insufficient funding for the
implementation of an annual Public Protector Good Governance Week.
6. Overview of the Department’s Budget
6.1.
Budget Vote 23: Justice and Constitutional
Development receives R12.1 billion for 2010/11. The main appropriation to the
Department is R10.25 billion. This amount excludes a direct charge against the
National Revenue Fund of R465 million for judges’ salaries and R1.4 billion for
magistrates’ salaries respectively, which brings the main appropriation to
R12.1 billion.
6.2.
In real terms the Department receives less
than in past years. This means that it must do more with less by:
·
Finding savings through reduced spending on
non-core functions and activities, including shifting resources from
administrative components to frontline services.
·
Rationalising public entities and agencies
to save money and improve accountability.
·
Review public spending to weed out poorly
performing programmes, low priority activities and ineffective policies.
·
Reform procurement systems to reduce
corruption and obtain better value for money, including considering
centralising the procurement of selected goods and services.
·
Changing the public service culture to
reduce waste and prevent extravagant spending.
6.3.
Budget allocations per programme are as
follows:
6.3.1.
Administration receives R1.4 billion in
2010/11, which is approximately 14% of the overall budget. The Corporate
Services sub-programme dominates expenditure under this programme, consuming
approximately 61% of the programme’s budget. Office accommodation follows with
35%.
6.3.2.
Court Services receives R3.8 billion for
2010/11, which is 38% of the overall budget. The Lower Courts
sub-programme receives 63% of the programme’s budget.
6.3.3.
State Legal
Services receives R 644 million in 2010/11, which is 6% of the
overall budget). There has been substantial growth in the Master of the High
Court sub-programme, which is allocated R318 million (50%) of the programme’s
budget. The Legislative Development and Law Reform sub-programme receives R47
million (or 7% of the programme’s overall budget). This programme has a
substantial growth due to personnel.
6.3.4.
The National Prosecuting Authority
programme receives 2.4 billion in 2010/11, which is 23% of the overall
budget. The Public Prosecutions
sub-programme receives 1.7 billion or 72% of the Programme’s budget. 72% of the programme’s budget is spent directly on
prosecution services.
6.3.5.
Auxiliary and Associated Services receives
R1.8 billion, which is 17% of the overall budget. Expenditure under this
programme is mostly in the form of transfer payments to the Office for the
Control of Interception and Monitoring of Communication, the South African
Human Rights Commission (SAHRC), Special Investigating Unit, Legal Aid Board
(LAB), Public Protector, Justice Modernisation, the President’s Fund and the
Represented Political Parties Fund. This programme receives R1.8 billion. Legal
Aid
6.4.
Specific amounts allocated that may not be used for purposes
other than those stated are:
·
R508 million for Property Management.
·
R479 million for Buildings and Other Fixed Structures.
·
R 134 million for Integrated Justice Programme.
·
R 322 million for Reduction of criminal case backlog.
·
R 110 million for Third Party Funds Public Private
Partnership.
6.5.
R117 million has been allocated for the implementation of
legislation. This is made up as follows:
·
R80 million is for legislation addressing vulnerable groups
(Child Justice Act - R30 million; the Children’s Act - 23 million; Sexual
offences and Related Matters Act - R24 million; and Trafficking - R3 million).
·
Jurisdiction of Regional Court Amendment Act receives R10
million
·
R 10 million goes for re-demarcation of magisterial
districts.
·
R 12 million is allocated to the Protection of Personal
Information Bill.
·
R5 million is allocated for the Traditional Courts Bill.
6.6.
The Department expects the following spending pressures in
the medium term:
·
The need for additional office accommodation and court infrastructure.
·
The Department is
currently funding new courts with no concurrent additional allocations for
personnel and operational expenditure.
·
Regions also need additional capacity in the form of more court personnel
(interpreters, finance and supply chain management personnel).
·
Implementation of
Phase 2 of the Occupation Specific Dispensation for legally qualified
personnel.
·
Maintenance of and additional
Investment in and rolling out of information technology infrastructure.
·
Implementation cost of new and proposed legislation requires funding
(Civil Jurisdiction of Regional Courts Act; Child Justice and Children’s Act;
Traditional Courts Bill; and Superior Courts Bill).
·
Security and risk management in justice service delivery points and
enhancing the security of personnel, department records and state assets
·
Implementation of the review of the criminal justice system.
·
The Department plans to replace 46 of the 230 branch courts to provide
full court services in 2010/11.
·
The Department is also planning to introduce multilingualism in courts.
·
The establishment of a Constitutional Development Branch to enhance the
Department’s constitutional development mandate.
·
127 justice service delivery points need to be secured by putting in
place the necessary infrastructure. Security for personnel, records and assets
also need enhancing.
·
The implementation of the review of the Criminal Justice System.
·
Funding from a
number of donor-funded projects has or will come to an end shortly. Funds will
need securing to keep the NPA’s Thuthuzela Care Centres’ (TCC) running.
7.
Committee’s
Response
7.1.
The Committee is concerned that the Department has reported
that it its allocation has decreased, creating real challenges for it.. While
it appreciates the Department’s commitment to doing ‘more with less’, the
Committee fears that a decrease in the allocation has the potential to
undermine the ability of the justice system to work as it should. It also has
the potential to undermine the Department’s contribution to the national
priority of fighting crime. The Department’s intention to establish new
structures, such as the establishment of a branch responsible for
Constitutional Development, will create additional pressures that will need
funding. (The Department informed the Committee that it intends to divert funds
from the other Branches for this purpose). The Committee intends to monitor
performance against spending very closely.
7.2.
As already mentioned, this is the first year that Parliament
is able to put into practice its constitutional power to amend money bills,
although there are several challenges in this regard. This Committee must also
submit a budget review report in October, containing recommendations that will
contribute to the next year’s budget allocation. The report is not only
quantitative but is also qualitative, as it looks past financial information to
performance. It should be possible to see value in what was spent. This can
only be measured against clearly defined and measurable outcomes, targets, and
outputs. To conduct its oversight work more effectively, the Committee commits
itself once more to meeting quarterly with the Department to review progress
made on the implementation of the strategic and operational plan. It also
requests that it is provided with monthly and quarterly spending reports.
Briefings on specific identified issues will be ongoing. Where there is a
strong business case, the Committee will look to see what it can do to assist
the Department in obtaining additional funding.
7.3.
More generally on the matter of strategic plans, the
Committee was especially impressed by LASA’s strategic plan and with its
effective business methodology. The Committee has asked that LASA makes its
expertise available to others in the Justice Vote to build strategic planning
capacity.
7.4.
The Department has acknowledged that a high vacancy rate
remains a challenge. This is an ongoing problem, of which the Committee is well
aware. It has several times previously expressed its concern about the negative
consequences that vacancies can have for the delivery of justice services. Also,
the Committee believes that although the use of savings from vacant posts to
fund other projects (such as the implementation of the OSD) may be
understandable, the practice is potentially risky as it may discourage the
filling of posts. While the Committee welcomes the Department’s aim to reduce
the number of vacant posts from the present 14% to 5% in the next two years, it
believes that this is a formidable task. It seems to the Committee that the
Department is struggling to fill its vacancies. The Department reported in its
2008/09 Annual Report that its vacancy rate was at 13.6%. The Department’s aim
to reduce this to 5% in the next two years indicates that there has been no
progress in the meantime. The Committee recommends that all critical posts be filled
as soon as possible, especially given the fact that the Department has the
budget for the posts. It intends to continue to monitor progress closely.
7.5.
The Committee is dismayed that once again there is no
provision in the baseline allocation for the rollout of Phase 2 of the OSD, as
the OSD is intended to assist the Department in attracting and retaining
skills.
7.6.
The Committee is pleased to hear that the Department has
identified improved corporate governance and strengthened internal control
systems as a specific outcome. These weaknesses have contributed to the
Department receiving qualified audit opinions and having to make uncomfortable
appearances before the Committee on Public Accounts for too long. The
Department’s financial turnaround strategy is commendable, and is a good start
in putting in place the necessary building blocks towards an unqualified audit.
The Committee will monitor progress in meeting identified targets at the next
quarterly meeting. The Committee recommends that the Department should address
the concerns raised by SCOPA and the Auditor General in the past financial
years. This will assist the Department to achieve an unqualified audit opinion.
7.7.
The Committee is
pleased that the Minister has taken steps to restore the relationship between
the Executive and the Judiciary. The Committee believes that it is crucial that
the Ministry effectively consult judges and other relevant stakeholders before
finalizing its policy framework on the transformation of the judiciary and the
Bills flowing from this.
7.8.
The Committee is pleased to note that the Department intends
to strengthen the administration of courts by strengthening the Office of the
Chief Justice. The Department should ensure that the necessary resources are
available for this to happen.
7.9.
The Committee is concerned about the problems experienced at
a number of the courts relating to recordkeeping. The Committee drew attention
to a number of cases where prisoners have requested their trial records to
lodge an appeal but these files have gone ‘missing’. While the Department
informed the Committee of its plans to track and restore 100% of all lost
records in certain identified courts, the Committee would like a written report
on the extent of the problem, and what is being done to address the problem.
The filling of vacancies and proper maintenance of equipment would go a long
way in solving this problem. It will continue to monitor progress made on a
quarterly basis.
7.10.
The Committee was informed that implementation of the
7-point plan relating to the review of the criminal justice system is a
priority. It is keen to engage more fully with the Department on progress made
on the Criminal Justice Review. The Review of the Civil Justice System is also
extremely welcome. The Committee intends to ask the Department to brief it on
this..
7.11.
The Committee would like to be fully briefed on the progress
made in addressing the problems associated with administration of third party
funds at the next quarterly briefing. The Department should finalise the legal
and accounting framework governing administered transactions.
7.12.
The Committee would like to be briefed on developments in
respect of the disciplinary matters on fraud and theft at the next quarterly
briefing.
7.13.
The Committee remains concerned at the state of the Master’s
Office. Members of Parliament are often approached by their constituents about
the many difficulties they experience when dealing with the Master’s Office. It
is also disappointing that the position of Chief Master remains unfilled. A
further suggestion is that the Ministry looks into the feasibility of
relocating the responsibility for notarial section from the Deeds Office (which
falls under the Department of Land Affairs) to the Master’s Office.
7.14.
The Committee is pleased to hear that there is finally
progress in the building of a High Court in
7.15.
The Committee further notes the Department’s intention to
re-designate certain branch courts, as this will not only enhance access to
justice, but improve operational efficiency by allowing court managers to plan
the optimal use of their courts. This should extend the number of hours the
courts sit, contributing to enhanced court performance. The Committee requests
a progress report on the re-designation of courts.
7.16.
The Committee is concerned at how little has been allocated
to the implementation of legislation that relates to vulnerable groups. The
Child Justice Act, for example, creates an entirely new dispensation to deal
with children who come into conflict with the law. Its aims are far-reaching.
But only R30 million has been budgeted for its implementation. This is a
concern, especially as the Department had costed implementing the Act at R 165
million. The Committee has been briefed on the Department’s implementation
plans but intends to continue to monitor the implementation of this and other
legislation relating to vulnerable groups. Lack of resources will serious
compromise the effective implementation of the Act.
7.17.
The Committee feels that the Department needs to pay greater
attention to improving its services in maintenance matters. Having to wait for
two hours to have one’s maintenance matter attended to is just too long. The
Committee also asked the Department to look into how to deter defendant’s from
employing stalling tactics to delay their having to pay maintenance.
7.18.
The NDPP mentioned plans to ‘restructure’ the National
Prosecuting Authority while briefing the Committee on the NPA’s strategic plan.
The Committee received the NPA’s strategic plan very late, and did not have
sufficient time to consider and engage thoroughly on its implications. In
addition, the status of the plans is unclear to the Committee pending the
outcome of a meeting between the Minister and the NDPP. The Committee intends
to ask the NPA and the Ministry to brief it urgently.
7.19.
The Committee requests that both the Department and the
National Prosecuting Authority submit a report on the outstanding issue of the
Innes Chambers.
7.20.
The Committee is not clear why there has been a decrease in
the budget for Justice Modernisation. It will ask the Department to provide an
explanation at the next quarterly meeting.
7.21.
The Committee regrets that, in the past, its interactions
with the Public Protection and South African Human Rights Commission have not
been sufficiently regular, and have been limited in duration. In this regard,
it intends to meet formally with the Commission at least twice a year to
discuss their Commission’s budget and strategic plan, as well as their annual
report. In addition, it will engage with these institutions on how it can go
about strengthening the relationship and to generally provide support for the
work that the institutions do.
8.
Appreciation
8.1.
The Committee thanks the Minister, the Director General and
the National Director of Public Prosecutions, and all officials who appeared
before the Committee at the Budget briefings for their co-operation.
8.2.
The Committee also wishes to thank the Public Protector, the
Chairperson and Commissioners of the South African Human Rights Commission, and
the Chairperson of Legal Aid South
Report
to be considered.