Budget Vote

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
23 June 2003
BUDGET VOTE

Chairperson: Mr M L Mokoena (ANC)

Documents handed out:
Department of Justice and Constitutional Development: Vote 23
Summary per Programme per Standard Item for Virement and Audit Purposes 2002/03
MTEF Allocations: 2003/04 -2005/06: Annexure A
Courts Services: Report
Anti-Personnel Mines Prohibition Bill

SUMMARY
The Department reviewed the 2002/2003 budget and reported on court services. Members expressed concern about service levels in some courts despite increasing, unbudgeted, expenditure on personnel. The Department hoped that the decentralisation of court services would go some way towards addressing both issues, although inadequate human resource capacity and skills shortages could stand in the way of service delivery for some time to come.

MINUTES
Review of 2002/2003 Budget
Mr Vusi Pikoli (Director General: Department of Justice) said that, as part of the restructuring process, four core business units had recently been introduced. These were the Court Services Unit; the Masters Unit responsible for monitoring the Master's Office; the Legal Services Unit constituted by the State's law advisors and attorneys; and the Legislation Development Unit responsible for Chapter 9 institutions and the development of legislation. The budget allocation for the next financial year reflected expenditure on these new units. Four support units had also been established. These were the Human Resource Unit; the Office of the Chief Financial Officer; Public Communication and Personnel; and Management Information Systems (MIS).

Two new chief directorates had been added to the office of the Director General: one for strategic planning and implementation and one for the monitoring and co-ordination of government policies. There would be an internal auditor who would report directly to the office of the Director General. The Director General's office had also taken over responsibility for the security directorate.

The Department was in the process of decentralising its court services and phasing out its regional offices. Court managers would be appointed in order to release both magistrates and prosecutors from administrative functions.

The Performance Enhancement Programme (PEP) had made significant strides in improving the Department's financial management systems and management capacity. A dedicated project office had been established, staffed and funded to drive the process of outsourcing cash handling at court level.

Mr Alan Mackenzie, Chief Financial Officer, briefly outlined expenditure trends during the previous financial year. While there had been under-spending on some items, expenditure on personnel had far exceeded its budgetary allocation. This was because of improved service conditions and the need to appoint support staff to fulfil administrative functions previously handled by magistrates and prosecutors.

Mr Simon Jiyane, Managing Director: Court Services, presented a synopsis of court performance during 2002/2003. Expenditure on court infrastructure had improved working conditions and this, in turn, had impacted on service delivery, particularly in respect of vulnerable groups. However, inadequate human resource capacity and a scarcity of appropriately trained personnel presented an ongoing challenge.

Discussion
Mr P Mathee (NNP) asked if the Department had conducted a detailed cost analysis and considered mechanisms for reducing expenditure. He referred to the allocation of two prosecutors to every court with a view to increasing court hours and reducing backlogs. Was this cost-effective?

Mr Pikoli replied that this was a management issue. An integrated case management system was needed.

Mr P Moloyi (ANC) asked if Mr Jiyane could explain why there had, according to the document, been a steady decrease in court hours. Also, the presentation had not been clear on progress with the Promotion of Equality Courts. How much money had been budgeted for these and when would they be operational?

Mr Jiyane replied that the figures concerned reflected bench-work hours in court and excluded work done by judges in the chambers. Forty-seven sites had identified for Promotion of Equality Courts. These new courts would operate differently from existing courts because of their broader jurisdiction.

Prince B Zulu (ANC) asked whether there were mechanisms in place to enforce South African maintenance court orders in neighbouring countries. Had provision been made for traditional rural courts in the Department's security budget?

Ms E Lubidla (ANC) asked what was being done about 'kangaroo courts'.

Mr Pikoli replied that South Africa had entered into bilateral agreements with its neighbouring countries on the issue of enforcing cross-border maintenance payments. Court security was an ongoing challenge because of limited resources. Currently, the Department had no control over traditional courts. However, legislation for regulating these and community courts was being explored.

Mr B Mkhalipi (ANC) asked whether, in the process of upgrading courts, the Department was conferring with sister departments like the Department of Correctional Services.

Ms J Kgoali (ANC) observed that personnel and related items were, together, a significant cost driver. However, despite increased expenditure on personnel, the judicial system still lacked capacity. What would be the financial implications, in terms of personnel, of phasing out regional courts? What criteria were used in assessing the best and the worst performing courts?

Mr Jiyane replied that the phasing out of regional courts was a process. Their functions would be transferred to personnel in the proposed operational structures, like the envisaged court managers. This would eliminate repetitive functions and minimise personnel costs. The criteria for grading courts had been determined by the Minister.

Mr Mackenzie said that there were many cost drivers in the Department, including human resources. Justice was a people-based service. However, infrastructure was also needed to assist people in providing that service. The Department was in a process of rooting out corruption and improving financial management systems.

Mr Jiyane pointed out that criteria for assessing court performance were based on the case disposal rate and the numbers of court hours. The Department was looking at a set of criteria that would help to inform the process of improving resources at under-performing courts.

The meeting was adjourned.