Office of the Chief Justice & Judicial Administration Quarterly Reports

Meeting report

Briefing by Office of the Chief Justice (OCJ)

Quarter 4 Performance (2019/20)
Ms Memme Sejosengwe, Secretary General, OCJ, reported that overall, the office had achieved 13 out of 19 planned targets included in its 2019/20 APP. This translates into a 68% performance rate on the OCJ’s service delivery outcomes in Quarter 4.

A summary of the quarterly performance is as follows:

Programme 1 (Administration): 78% of targets were achieved, 22% were not achieved
Programme 2 (Superior Court Services): 50% targets were achieved, 50% were not achieved
Programme 3 (Judicial Education and Support): 75% targets were achieved, 25% were not achieved

Quarter 1 Performance (2020/21)
Overall, the OCJ achieved 9 out of 10 of its planned targets for the first quarter of the 2020/21 APP.
This translates into a 90% performance rate on its service delivery outcomes.

A summary of the quarterly performance is as follows:

Programme 1: 100% of targets were achieved
Programme 2: 100% of targets were achieved
Programme 3: 50% of targets were achieved, 50% were not achieved

The only target that was unmet in Quarter 1 relates to the number of judicial education courses conducted. Workshops could not be conducted due to the COVID-19 restrictions, the OCJ will implement virtual courses as a corrective measure.

Quarter 4 Financial Information(2019/20FY)

Mr Casper Coetzer, Chief Financial Officer, OCJ, reported that the Office had overspent by a total of R21 million.

A summary of the expenditure is as follows:

Programme 1: Overspent by R31 million
Programme 2: Underspent by R12 million
Programme 3: Overspent by R5.7 million

The CFO highlighted that the financial results presented by the OCJ for this quarter are unaudited and are simply a snapshot of the last three months of the financial year prior to any virements. There are no rollovers, irregular and fruitless and wasteful expenditure.

Quarter 1 Financial Information (2020/21FY)

The OCJ reported that it has underspent a total of R61.2 million of its Quarter 1 budget. This is mostly due to the COVID-19 lockdown and related restrictions. Expenditure on goods and services suffered the biggest savings due to the inability to travel. Another area that contributed to the underspending was the compensation of employees. Although the OCJ had budgeted for salary increases, particularly an adjustment in the cost of living, this change was not introduced.  The OCJ was unable to pursue ICT infrastructure projects due to lockdown restrictions, this halted procurement processes and led to reduced capital expenditure.

A summary of the expenditure is as follows:

Programme 1: Spent 70.4% (R50.205 million) of the Quarter 1 budget
Programme 2: Spent 86.6% (R213.198 million) of the Quarter 1 budget
Programme 3: Spent 45.3% (R 12.563 million) of the Quarter 1 budget

The OCJ projects that it will experience several budget pressures particularly in the area of compensation of employees following the anticipated compulsory budget cuts. Expected consequences will be difficulty sustaining the currently filled staff establishment, a hesitance to fill critical posts and increased case backlogs at the Supreme Courts.

Personnel Related Matters

The OCJ reported an increase in its vacancy from 8.8% to 10.5% at the onset of the COVID-19 pandemic. This was due to DPSA restrictions which limited prospective candidates from travelling. The OCJ introduced a contingency plan to allow candidates to participate in interviews at their nearest OCJ offices.

44% of SMS members were female and 56% were male as at 30 June. The OCJ has maintained a rate of 1.1% of employing people with disabilities, this is below the national target of 2%.

Internal Audit Findings
Significant audit findings which have been unaddressed and partially addressed in the following areas:

Inadequacies in ICT security and user access management as well as ICT operational inefficiencies
Instances of inaccurate recording of assets in the Asset Register and untimely disposal of assets
Lack of automated systems to improve the accuracy and completeness of court performance information, leave administration and compliance with 30-day’ payments in Finance section

The OCJ has resolved 35% of its internal audit findings, is in the progress of resolving 39% and has not resolved 26% of findings. Audit Facilitation Committees have been established and formalised t conduct year-in monitoring and table monthly and quarterly reports for oversight purposes.

ICT security Breach

The Secretary General informed the Committee that the OCJ’s information technology system had a security breach in September 2020. The incident is currently under investigation by state law enforcement agencies. She asked the Committee not to discuss the matter further until the investigation has been completed.

A representative from the Audit Committee reported that the governance at the OCJ is of a very high standard. Both the findings of the Auditor-General and internal audits are taken seriously and are always followed by detailed monitoring and remedial actions. However, as indicated in the presentation, the areas of most weakness are currently ICT and Human Resource related. The OCJ has a strong risk and mitigation strategy to address any weaknesses. The Audit Committee regularly meets with management which demonstrates a commitment to keeping governance at a high standard. The Audit Committee is happy that the OCJ received a clean audit, another indication of satisfactory control over financial information and compliance. Although, there are some shortcomings there have been notable efforts to address these.

Discussion
Ms N Maseko-Jele (ANC) commended the OCJ for maintaining a clean audit for two consecutive years. However, the Committee notes the targets which were not achieved and acknowledges the reasons provided for this. 

The OCJ cited COVID-19 as a reason behind its failure to reach its target of conducting 15 judicial education courses in Quarter 1 of 2020/21. The office reported that it now plans on implementing virtual courses as a corrective measure.  However, this should have already been done as Parliament itself had continued working using virtual platforms.

She raised serious concern about the security at the courts and cited the recent case in Senekal, Free State where a group of individuals had barged onto the premises, compromising the safety of staff. The OCJ was encouraged to look into this matter

The Chairperson interjected to notify Ms Maseko-Jele that her internet connection was interrupted, therefore some questions posed had not been captured by the OCJ.

Mr W Horn (DA) said he was pleased that the OCJ had received an unqualified audit. He asked for assurance that the office will meet the new deadline for the filing of the Annual Report including the one from the Judicial Service Commission’s (JSC) which has previously been excluded in the past. 

The issue of ICT continues to be recurring challenge with the OCJ. In previous meetings, the OCJ has expressed that it is on track to address this shortcoming, however, the report and the impact that the COVID-19 pandemic has had on the functionality of courts reveals that more work needs to be done. What is the exact status of ICT infrastructure and what progress has been made in implementing the master plan? Has the master plan remained the same given what the OCJ has learned during the pandemic?

The Committee had hoped to receive a report from the OCJ about the CaseLines project, a digital electronic case management and litigation system which was piloted at the high courts in Johannesburg and Pretoria.  The current feedback is that it was largely successful in Johannesburg and facilitated virtual hearings yet in Pretoria it has been labelled as chaotic. This was allegedly credited to the unavailability of the contractor to deal with the operational issues with the CaseLines systems. Practitioners have suggested that the reason performance was disappointing in Pretoria is because the contractor had not been paid for their services. How are payments to service providers processed? Is this done through the Head of the OCJ or on an individual court level? If the lack of success in Pretoria is indeed due to non-payment, what actions have been taken against those responsible for administering payments?

Additionally, it would have been fitting to receive an update on the status of caseloads in the high courts as the issue of backlogs is consistently raised. Have the Efficiency Enhancement Committee succeeded in facilitating case management and the prevention of backlogs?

The CFO reported that if the budget is cut as proposed, the OCJ will be compelled not to fill critical posts. Which positions are deemed as critical posts in this case? Budget cuts are also said to most likely result in more case backlogs. It is difficult for the Committee to assess whether it should intervene on behalf of the courts because it has not been appraised about the status of court hours at the high courts. The unfortunate trend in district and regional courts is one of dwindling court hours. In order for the Committee to be confident in pleading on the behalf of the courts, it needs to be assured that pre-existing human resources are being optimally used and appropriate court hours are being maintained. 

He asked if there have been further engagements to settle the matter of the Court Administration model. This issue unfolded in the public eye at the onset of the lockdown period when there was clear conflict between the Chief Justice and Minister who would be responsible for the formulation of regulations during the lockdown period. What has been done to prevent the recurrence of this issue in future?

Adv S Swart (ACDP) acknowledged the difficult conditions that the OCJ has been operating under. He asked for further detail on the security breach. Understandably, the OCJ cannot divulge too much information as an investigation is currently underway.

When does the OCJ envisage it will submit the Annual Report?

The CFO has already alluded to the impacts that the proposed budget cuts will have on the office. One appreciates that the OCJ is engaging as a department with National Treasury, however, one of the concerns was that the Chief Justice or Judiciary had had no interactions with Treasury last year.  Is it envisaged that the Chief Justice or Judiciary as opposed to the Department are also engaging with Treasury on the impact of the budget cuts.

In addition to the CaseLine pilot project, there have been many complaints about the national system failure relating to email access which occurred on the 21 September 2020. What is the current update on this matter? This is particularly important and concerning given the increased reliance on ICT for the delivery of justice.

There have also been complaints about too few judges available at the courts. This may be an issue that might have to be raised with the Chief Justice himself. It cannot be acceptable that there are numerous cases to be heard yet there are insufficient judges. Can the OCJ assist in raising the need to appoint more judges with the Chief Justice.

It is important to understand the critical role of the courts and the Judiciary. As indicated by the Chief Executive Officer of Business Leadership, the Judiciary is about both justice and economics. Without the rule of law, one cannot do business. The efficient functioning of civil and criminal courts has a massive effect on the state of the economy. It is crucial that the norms and standards set by the Chief Justice are adhered to. 

There have been numerous complaints from high courts across the country concerning the inconsistent application of directives issued by the Judges Presidents. Will there be new court directives given that the country is now on Level 1 of lockdown measures?

Many of the issues raised are likely best addressed by the Chief Justice. Therefore, the Committee may have to engage directly.

Dr W Newhoudt-Druchen (ANC) asked for clarity about the engagement between the Chief Justice and former Minister of Justice and Correctional Services which resulted in the removal of indicators and targets relating to judicial functions on court performance from the OCJ Strategic Plan as they are within the control of the Judiciary and not the OCJ (slide 6).  Who then is the Judiciary if the OCJ does not perform judicial functions? The delineation is not very clear from what is communicated in the report.

She was pleased to see an increase in the percentage of youth in OCJ. However, she encouraged the OCJ to increase the number of people with disabilities it employs and not to regress in this aspect.

There were many grievances about the unavailability of tools of trade such as laptops. Has this matter been resolved given that we are now using virtual platforms for court proceedings?

What are the reasons for the non-implementation of salary upgrades?

Ms J Mofokeng (ANC) commended the OCJ for receiving an unqualified audit opinion. She echoed Dr Newhoudt-Druchen and requested an update on the reasons behind the non-implementation of salary upgrades.

Can the OCJ provide a progress update on the finalization of the Court Administration model? Additionally, how far is the Lower Courts Bill from finalization?

She echoed Ms Maseko-Jele’s concern over the security at courts. Does the OCJ share responsibility over security with the Department of Justice?  What has the OCJ learned from incidents like the one in the Free State where the safety of court staff and citizens was compromised?

What is the current status of the implementation of the Wellness Programme given the impact of the COVID-19 pandemic?

The Committee is aware of the challenges relating to the failure of ICT infrastructure and email access in the Pretoria high court. This is frankly an embarrassment and should not be occurring at this time and age. One cannot blame the judge for exposing the situation in the courts. What is the status on the OCJ’s court modernization and digitization efforts?

The report cites that 129 cases were in backlog due to a shortage of personnel. What is the update on the availability of judges and court personnel?

She asked the OCJ to elaborate on the underspending of R67 million across programs.

Ms Maseko-Jele asked the OCJ to take the Committee through the details of the disciplinary processes it currently has underway.

Response from the OCJ

Court Administration
The Secretary-General responded that the Judiciary had submitted a proposal on the Court Administration Model in 2014. The matter is now on the side of the Executive. The Minister is in a better position to respond to this as well as the status of the Lower Courts Bill and when it will be processed through Cabinet. The OCJ is unable to provide definitive answers.

Submission of annual reports
The OCJ gave assurance that its annual report will be submitted within the prescribed timelines. The JSC’s 2018/19 Annual report was submitted to the Minister in May 2020.

Judicial matters
As indicated in the slide, the OCJ initially included all targets relating to Judicial functions. Following the engagement between the Judiciary and Ministry, these were removed from the OCJ’s Strategic Plan and APP. The Committee will recall that the Chief Justice presents reports on an annual basis, this is where the Judiciary presents its reports on matters that lie within their space. This covers matters relating to case backlogs.  Therefore, the OCJ is unable to share more detail about the issue of backlogs.

Issuing of Directives
Additionally, the OCJ cannot make comments on the matter of the issuing of court directives in so far as who is responsible, the Minister or the Chief Justice.  Further, the office is not in a position to provide answers on the inconsistent implementation of directives across the courts, these are matters ceased with the Heads of Office under the leadership of the Chief Justice.

Women Empowerment in procurement
It is within the OCJ’s targets to empower women during its procurement processes. However, there were zero tenders issued during Quarter 1 2020/21 FY due to the COVID-19 pandemic which ultimately meant the OCJ was unable to support any women entrepreneurs.

Underspending
The CFO replied that the OCJ’s underspending is as a result of COVID-19 matters. The hard lockdown is the main reason for underspending across programmes. Another reason for underspending was the zero increase in salary spending due to the overall non-implementation of salary upgrades for civil servants by the Department of Public Service and Administration (DPSA). Ultimately, there is nothing that the OCJ can do in this regard.

Engagement with National Treasury
The OCJ is engaging with National Treasury to ascertain when budget cuts are to be expected. The OCJ presents the anticipated impact of cuts to National Treasury prior to any cuts being made. The OCJ is unaware if Treasury has engaged with the Chief Justice concerning this matter.

Computer theft
In 2016, approximately 15 computers were stolen from the OCJ. An investigation was initiated but was reportedly closed by SAPS as undetected.

Critical posts impacted by proposed budget cuts
These are posts deemed as crucial to support the core function of the courts. These include interpreters, registrars, researchers, clerks, judges’ secretaries and judicial training facilitators. The OCJ reported that the filling of these posts will likely by impacted by proposed budget cuts.

Procurement of ICT infrastructure
The OCJ reported that it was unable to procure ICT hardware during the 2019/20FY Quarter 4 and 2020/21FY Quarter 1, however this process has since been concluded. 106 laptops and 199 desktops have been issued as part of the OCJ digitization efforts.

Chief Justice report
The Secretary-General indicated that the report by the Chief Justice is usually given during the October-November period. This will soon be confirmed.  The OCJ committed itself to providing copies of the report once it has been finalised. However, the release of this report is dependent on the Heads of Courts and Chief Justice. Previous reports are in the public space and can be provided to the Committee.

Wellness Interventions
The Department of Justice has sought to provide eCare Services to employees as part of its wellness interventions during the pandemic. This was done in the form of SMS campaigns composed by medical experts and registered nurses. An app was developed by a service provider which enabled staff to engage in order to receive counselling and medical attention.

Misconduct cases
The majority of cases were related to the misuse of state vehicles. The OCJ has put in place contingency measures to ensure that checks and balances are tighter to guarantee that vehicle use occurs within the allowed timeframes and by those licensed to do so.  Other complaints include absenteeism, insubordination and non-compliance with the leave policy.

Security
Security is a retained responsibility procured by the Department of Justice. However, the OCJ is involved during the procurement process. The OCJ notes the concerns raised by the Committee regarding to compromised security at the Free State court.  Although the OCJ may want to have security services separate from the Department of Justice, the sharing of the responsibility is based on economies of scale. A separation would require additional resources.

Lack of judges
The issue of a shortage of judges lies with the JSC and the Minister and is outside of the purview of the OCJ.

ICT security breach
The breach occurred on 19 September 2020. The Secretary-General assured the Committee that the OCJ will provide a full brief once the investigation by law enforcement agencies has been concluded.

ICT infrastructure
Mr Nathi Mncube, Chief Director: Court Administration, OCJ, replied that in the previous financial year, the OCJ had installed wifi in five courts including Pretoria. As indicated by the CFO, hardware equipment was purchased to compliment the CaseLine system in both the Johannesburg and Pretoria courts. This was done during lockdown. At the time of the security breach, the system had to be shutdown to prevent any further incidents. Any resultant challenges were due to the security breach and not a lack of infrastructure.
The Masters system plan remains within OCJ’s goals. Notably, this was developed by the OCJ in support of the Judiciary as part of a bid to introduce online court applications. This solution has two components; one being case management and CaseLine solutions. These components are interacted with by litigants and judges at different degrees.

The CaseLine solution was introduced in Johannesburg and Pretoria with some successes and challenges. At this point, the arising challenges are primarily as a result of the security breach as well as the newness of the system.

The Secretary-General added that ICT infrastructure is currently under consideration and that the OCJ is looking at various options to ensure that infrastructure is upscaled. The current challenges and security breach have compelled the office to address any gaps.  The OCJ confirmed that all staff members are able to operate emails and Minecast while investigations are underway.

Judicial education courses
Unfortunately, the COVID-19 pandemic and subsequent lockdown restrictions did not allow the OCJ enough time to immediately allow for courses to be conducted virtually. However, the OCJ reported that virtual trainings are now underway and progressing well, it expects its target will be met by the end of the financial year.

Closing remarks
The Chairperson thanked the OCJ for the report and its maintenance of a clean audit. The Committee is overall happy with the report and the explanations provided for areas where targets were not met. However, the most pertinent issues that the Committee has observed cannot be addressed by the OCJ, these lie with the Chief Justice and the Heads of Courts and warrant an urgent meeting. If the Committee is to have a more fruitful interaction, it needs to consider some of the protocols that must be observed.

The Committee, together with members of the Judiciary, is concerned about resultant issues of the CaseLine system. These require further engagement. The Committee will continue to push for a meeting with the Chief Justice. An additional matter of importance that was raised by Mr Horn is that of court hours. This dialogue must be had with the Chief Justice as court hours are critical to the administration of justice. The Committee needs to have a full understanding of the court hours across district, regional courts and high courts in order to understand the entire value chain of justice. The Committee cannot make budget recommendations or support the opposition of budget cuts without a full understanding of this matter.  The Committee will continue petitioning for Parliament administration to facilitate a meeting with the Chief Justice in order to allow the Committee to interact on more high-level, substantive matters. The Committee is eager for this meeting to take place.

None the less, it is clear that the OCJ has done a commendable job as illustrated in its report.
A moment of silence was observed in honour of the late Ambassador Priscilla Jana. May her soul rest in eternal peace.

The meeting was adjourned.