SAHRC, Legal Aid SA & Information Regulator 2023/24 Annual Performance Plans

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Justice and Constitutional Development

10 May 2023
Chairperson: Mr Q Dyantyi (ANC)
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Meeting Summary

Video

SA Human Rights Commission     

Legal Aid SA

Information Regulator South Africa       

The Portfolio Committee on Justice and Correctional Services met on a virtual platform to receive briefings from the Information Regulator (IR), Legal Aid South Africa (LASA), and the South African Human Rights Commission (SAHRC) on their 2023/24 Annual Performance Plans (APP).

All three institutions highlighted the negative impact that the mandatory budget cuts were having on their organisational capacity and ability to carry out their functions as efficiently as possible. Members too were concerned by the budget cuts and said that they would support the institutions’ efforts to lobby the Department of Justice and Constitutional Development (DoJ&CD) and the National Treasury (NT) for increased allocations.

During its briefing, the SAHRC stated that its total budget allocation for the 2023/2024 FY was R223.9 million, with the majority, R159.2 million (or 69%), going towards personnel costs. The Committee questioned how the Commission would be able to achieve a 90% institutional performance with a high number of vacancies being reported in key positions, such as the Chief Financial Officer. In response, the SAHRC indicated that with the appointment of the recently appointed CEO, greater priority will be placed on reducing the high staff turnover, and the filling of the key positions.

The LASA, in its briefing, indicated that its total allocation had slightly decreased from R2.189 billion in 2022/23 to R2.188 billion in 2023/24. R1.8 billion (or 80%) of the total amount would go towards personnel cost, representing a 1.4% increase from the previous FY.

Members were pleased to hear that the entity has a court coverage plan, which has been signed-off by the DoJ&CD and audited by the Auditor-General (AG), that looks into the number of days that each court in the country sits. Depending on the demand, certain courts may be covered for 80% of the time, while others it may be less. Members hoped that the implementation of the plan would enable citizens to better access justice across the country.

The Committee heard that the listing of the Regulator in the PFMA remained a challenge, and no progress has been made since the appointment of the Board in 2016. In addition, the workload of the Regulator has steadily been increasing, mainly due to the assessments and investigations conducted in relation to both the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA).

The Committee was also left pleased by the IR’s announcement that it had released its report on the own-initiative investigation into the South African Police Services (SAPS) violation of the Protection of Personal Information Act (POPIA), after its officials had leaked the personal information of the alleged victims of sexual assault in Krugersdorp. Members requested that the IR play a larger role in sensitising the government not to spread personal information, in line with POPIA.

Members shared the IR’s concerns about it not yet being listed as an entity and recommended that the Committee renew its decision to organize a meeting with all of the relevant stakeholders on the matter.

Meeting report

Mr Q Dyantyi (ANC) chaired the meeting in the absence of the Chairperson.

He mentioned that the Committee would be briefed by the SAHRC, LASA, and the IR on their APP’s for 2023/24. He also indicated that he would continue to act as the Chairperson of the Committee until Mr Magwanishe’s return. Thereafter, he handed over to the Chairperson of the SAHRC for his opening remarks.

Opening remarks by the Chairperson of the SAHRC

Mr Bongani Majola, Board Chairperson, SAHRC, introduced the new Chief Executive Officer (CEO) of the Commission, Mr Vusumuzi Mkhize, who joined on 27 March 2023, to the Committee.

He said the Commission has experienced a number of vacancies at the senior level over the past 24 months, which has been concerning, as it has had to operate with acting appointments in critical positions such as the CEO, the Chief Operations Officer (COO) and the Chief Financial Officer (CFO). Due to the importance of these positions in achieving performance plans, the CEO has been tasked with filling the posts as a priority for the current financial year.

The Commission intends to engage with the relevant departments to gain assistance in increasing its budget, as it has been constrained for successive years. Such an increase would allow it to address weaknesses in its monitoring and evaluation (M&E) capabilities, which have been underfunded.

The Chairperson asked why some of the Commissioners would not be attending the meeting.

Mr Majola stated that all the Commissioners would, in fact, be attending the meeting.

Briefing on the SAHRC’s 2023/24 APP

Mr Vusumuzi Mkhize, CEO, Ms Naomi Webster, Acting Head of Strategic Support and Governance, and Mr Lutendo Siphuku, Acting CFO, briefed the Committee on the SAHRC’s 2023/24 APP.

Administrative targets for 2023/24

Mr Mkhize indicated that the SAHRC has four programmes for the 2023/24 financial year (FY), these are: administration, promotion, protection and research and monitoring. Some key targets within the programmes are:

  • Finalise 6803 enquiries and complaints
  • Implement 80% of the Shine Programme
  • Conduct 264 stakeholder engagements
  • Engage with the Minister of Basic Education and the provincial Members of the Executive on the eradication of pit latrines
  • Continue tracking access to water

 

Financial budget for 2023/2024

Mr Siphuku told the Committee that the SAHRC’s total budget allocation for the 2023/24 FY is R223.9 million, with the majority, R159.2 million (or 69%), going towards personnel costs. This amount was insufficient for the Commission to optimally carry out its tasks, with capital expenditure to procure motor vehicles, for instance, amounting to R3.2 million, affecting its advocacy work.

Institutional performance for 2023/2024

Ms Webster mentioned that the Commission aimed to achieve a 90% institutional performance for the 2023/24 FY, which was last achieved in 2016/2017. In order to do so the Commission will complete a review of its organisational structure and culture, and fill key vacancies, including the CFO position.

(See Presentation)

Discussion

Mr W Horn (DA) said it was clear, by the high number of acting positions, that the SAHRC was struggling with the retention of its staff. As such, he asked what the root causes were and what steps had been taken to address the stage shortage.

In a previous engagement with the SAHRC, Members pointed out the increase in targets despite a regression in performance, which still continues. Moreover, it was discussed that the SAHRC could potentially undermine its credibility through the slow pace of highly publicised investigations and release of reports, especially those on the July 2021 riots in KwaZulu-Natal (KZN) and the disruptions to water supply in Mpumalanga.

He asked whether preparations had been made for the upcoming re-accreditation of the SAHRC with the United Nations Agency in the next financial year, and the extent to which the vacancies have impacted these efforts.

Doubt has been expressed by external agencies and through an investigation by a Western Cape (WC) University, regarding the responsibilities of the SAHRC on the Optional Protocol to the Convention Against Torture (OPCAT).

Dr W Newhoudt-Druchen (ANC) thanked the SAHRC for the statement it released on the achievement of Sign Language as an Official South African Language. Thereafter, she posed a succession of questions.

One, she asked what the reasons given were in the exit interviews of officials who had recently left the SAHRC. Further on that, she asked what action the Commission had taken to retain staff in critical positions.

Two, she asked for an update on the progress of the Shine Programme thus far.

Three, she asked the SAHRC to provide the Committee with the reports on the Equality Court, and its involvement in the UN Convention on the rights of people with disabilities.

Four, she asked if the SAHRC had done any investigation into the impact of load shedding on water accessibility for citizens across the country.

Five, she asked what steps the Commission had taken to address its ICT (Information and Communications Technology) challenges.

She recommended that the Committee support the SAHRC in obtaining a larger budget allocation, as the current budget would impact its ability to sufficiently perform its work.

The Committee, she stressed, was concerned by the offensive racial remarks made by the previous CEO of the SAHRC. She asked for an update on that matter, and whether there was a code of conduct for members and staff of the SAHRC. If there was one, were the staff members aware of it, she asked.

Adv G Breytenbach (DA) mentioned that she was also concerned by the high turnover of staff in the SAHRC. Moreover, she too also wanted to hear the SAHRC’s position on OPCAT.

Following that, she asked why the organisational position on disabled people had been put on hold by the SAHRC, given the vulnerability of that group.

Ms N Maseko-Jele (ANC) shared other Members' concerns about the SAHRC’s budgetary constraints, and if the National Treasury (NT) allocated this budget because it was not inspired by the SAHRC’s work, especially in the township areas. The SAHRC should look to be more creative in how to best utilise its current budget allocation, so as to better inspire the NT to provide it with an increase.

Referring to the SAHRC’s targets on inquiries and complaints, she noted that the target set for both during the 2021/22 financial year was 5000, which was then reduced to 3000, but for this financial year have increased to 6803. She asked why there had been fluctuations in the targets over the years.

Thereafter, she asked what the SAHRC had done to build partnerships in the previous financial year and what would be done differently in this financial year.

In her final question, she asked for an update on the progress of the implementation of the audit action plan for this financial year, as recommended by the Auditor-General (AG).

Mr Majola, on the question related to the reasons for the high turnover of staff in the SAHRC, explained that the Commission had interacted with the Secretariat of the Commission on some of the comments made in the exit interviews, and it found that many of the former senior managers indicated that they had received better remuneration offers, both in the private and public sector.

He admitted that the Commission was concerned by the departures, particularly as they have had a negative impact on performance, and it has since tasked the CEO to draw up a plan to better improve staff retention.

Touching on the question related to the fluctuation in targets, he admitted that the Commission has struggled to reach its targets over the years, however, it believed that the appointment of the new CEO would improve on this. Moreover, he was confident that efforts to improve staff retention, fill the vacancies, and obtain additional resources to strengthen ICT systems and M&E, would also assist the Commission. 

He was pleased by the suggestion made for the Committee to consider approaching the NT to avail additional funds to the SAHRC.

Regarding the re-accreditation of the SAHRC, he stated that the Commission should have been reviewed at the beginning of the year, but due to the backlog in the sub-committee on accreditation, it had to postpone to March 2024. Despite this, discussions have begun on how best to deal with it, such as the establishment of another sub-committee that will prepare a presentation for the sub-committee on accreditation.

A framework of the presentation is planned to be drafted in August of this year and submitted to the dedicated team within the Commission, which will attend to the feedback from the Office of the High Commission for Human Rights in October, as well as the questions posed by the sub-committee in late February or March 2024, he added.

The accreditation is based on the Paris principles that were adopted by the General Assembly of the UN in 1993. At present, the only factor that may negatively impact the Commission’s ability to obtain re-accreditation was the lack of financial resources. This matter was raised during a meeting with the Human Rights Council in February of this year, but the South African government, which was also present, disagreed. However, he believed that the SAHRC’s positive work over time would ensure that it is re-accredited.

In response to the question on OPCAT, he reminded the Committee that the SAHRC was asked to be the coordinating body for a group of entities that formed Op-Cat.

Regarding the status of the report related to the report on the Convention for the Rights of Persons with Disabilities, he requested that the Committee allow for the SAHRC to provide the report at a later stage.

Referring to the question on the former CEO’s racist remarks, he mentioned that the Commission had since suspended her and instituted an investigation, which recommended disciplinary action, however, she resigned before it could be implemented.

He confirmed that the SAHRC had a strict code of conduct for staff.

On the Commission’s ICT challenges, he said that the Commission could not address these issues because of insufficient resources. Three years ago, the SAHRC established two positions, a communications director, and a head of information technology, but it has been unable to fill these positions due to budgetary constraints. He added that as a result of these challenges, the SAHRC has had to conduct many of its functions manually.

Touching on the Commission’s decision to place the position on disabilities on hold, he stated the Commission, through a letter to the Speaker in December, requested that the position be filled, as she and the Committee are the only ones with the powers to do so. He urged the Committee to assist it in filling the position.

He agreed that the Commission had to be more creative in its activities so that the NT could take note of its work. At some point, the SAHRC had more than 100 individuals from civil society bodies assisting it with its work, but that has since stopped because of budgetary constraints.

Regarding the question of what the Commission had done to build partnerships during the previous financial year, he said that the SAHRC has formed partnerships, and has since decided to pursue ones with universities, however, it will require the assistance of the Committee.

Ms Fatima Chohan, Deputy Board Chairperson, SAHRC, on the Shine Programme, mentioned that the SAHRC was aware that it still had to brief the Committee on the programme, and hoped that it will do so in the near future. She explained that the Commission found that the communities affected by the July 2021 unrest, in KZN and Gauteng, were polarised along racial, language, belief, class and cultural differences. Essentially, the communities were mired in distrust, resentment and disharmony.

The SAHRC embarked on an eight-month consultative process after the July unrest, where it engaged with South Africans, including an Imbizo of about two hundred people in August, on the effects of the unrest and what steps should be taken to prevent such an event from recurring, she pointed out.

It was through those consultations that the Shine Programme was launched in November 2022, and now forms part of the Commission’s key deliverables for the 2023/24 APP. However, the SAHRC was doubtful that its impact would be far-reaching, due to the fact no funds have been allocated for its implementation, she said.

In spite of that, an implementation plan is in place to roll out the programme in all nine provinces this year through the advocacy targets of its provincial offices. The plan consists of themed months in different provinces, with each Commissioner assisting the provinces to facilitate dialogues, stakeholder and media engagements.

In response to the question on the report which contains details on the Equality Court’s performance, she assured Members that the SAHRC would search for the report.

Adv Andre Gaum, Commissioner, SAHRC, on the delay in finalising reports, indicated that the SAHRC was aware of this problem and had since put in place measures to resolve it, including the reviewal of the complaints procedure; having sit-in hearings on certain focus areas in provinces, and then referring matters to them (provinces), which will prevent hearings being established each time a complaint emerges; and to allow provinces to conduct certain hearings on their own without the aid of Commissioners.

Regarding the July 2021 unrest report, he admitted that there were challenges in finalising the report, with one of the report writers having left the Commission recently. Nevertheless, the panel has intervened to increase the number of report writers, with two currently being responsible for the report. Moreover, the panel has insisted that the report be presented according to a specific timeline.

He was pleased to announce that the submission of the provisional report to external stakeholders will occur on 29 May 2023. Once done, the panel will provide the stakeholders and respondents in the matter 30 days, which is a shortened period, as it would normally allow for 60 days. The Commission anticipated that the final report will be published on 24 July of this year.

Referring to the question on the Research Assistant for Disabilities position that has been placed on hold, he explained that this was partly due to the resignation of Commissioner Malatji, with the focus area now being assigned to him. His research adviser would assist him in this area. A new head of equality in the research unit has recently been appointed and will assist in this area as well. Any complaints made related to people with disabilities will be dealt with by the provincial officers, he indicated.

Ms Philile Ntuli, Commissioner, SAHRC, on the questions related to interruptions of water supply in Mpumalanga, mentioned that the Commission is looking into the impact of load shedding on water supply, but also on rights to adequate food, housing, education, health, social security, to take part in cultural life and activities.

Research showed that 6% of South Africa’s total energy consumption is dedicated to water purification and transportation, particularly bulk water infrastructure. Load shedding has created problems with the pumping of water into the necessary reservoirs and wastewater infrastructure. As a result, the Commission has stated its support for alternative energy sources.

Further to that, she explained that load shedding has exacerbated the historical crisis of ageing water and wastewater treatment plant infrastructure, with the Green Drop Report finding that 334 wastewater treatment works out of a total of 950 were in a critical state. To assist in resolving these matters, the SAHRC has engaged with water boards, particularly on issues related to infrastructure and the money owed to them by municipalities – currently R14 billion is owed by municipalities to water boards.

Touching on the report related to the interruption of water in Mpumalanga, she reminded Members that the SAHRC stated, in the previous year, that it was in the process of finalising the report. The SAHRC was prompted by the report’s findings to verify the information it had received during the inquiry.

In addition to that, the Commission is developing the South Africa Water Justice Tracker, which aims to assist it with its monitoring mandate. It entails a database of the constitutional right to access sufficient water, based on a synthesis of existing certification processes, reports, court judgements and informal complaints, organised on the basis of the appointed water services in the country.

Mr Andrew Nissen, Part-Time Commissioner, SAHRC, stated that the Commission would provide a detailed written response to the questions asked by Members.

Mr Mkhize, on the question related to the reasons for the high turnover of staff in the Commission, mentioned that the SAHRC looked into a breakdown over the past three years, which showed that there has been a gradual increase, from 4% to 10% between 2019 and 2021, in staff turnover. To better understand the root cause for this increase, the Commission planned to conduct a staff satisfaction survey soon. Furthermore, a service provider has been procured to assist with the review of the organisational structure, so that it fits the purpose of its manded, he added.

In response to the question on the fluctuation in targets, he explained that the SAHRC has instituted a performance improvement plan, which looks into all the non-performing areas in the Commission and takes into consideration the AG’s recommended remedies. He assured the Committee that some of the targets that were not listed on the APP had not been discarded, but instead were captured on the operational plan and will be monitored on a monthly and quarterly basis.

He told Members that the SAHRC had appointed a service provider to investigate incidents of irregular expenditure, in line with the Public Finance Management Act (PFMA). All individuals found to be responsible will face consequence management, he stressed.

Regarding the challenges with ICT, he said that the Chief Information Officer post had been advertised, with the shortlisting process underway. The SAHRC believed that with that appointment, many of its ICT challenges would be dealt with.

On the question related to the ICT strategy, as per the AG’s recommendations, he indicated that a service provider was appointed to assist the Commission with the development of an ICT strategy and the ICT plan.

Referring to the question of the SAHRC’s partnerships, he mentioned that the Commission is strengthening its partnerships with government departments, particularly as most of the complaints are service delivery-related.

Ms Webster, on the fluctuations of the targets, outlined that there are two considerations to this: one, the Commission’s strategic plan, which set a five-year target of 20 000 complaints by the year 2025 (in the previous year, the SAHRC managed to finalise 17 000 complaints and inquiries). The second consideration is that the targets are based on the number of complaints brought by complainants. She further explained that when setting its annual targets, the SAHRC looks into the progress of its strategic plan, the environment analysis, and the previous year’s performance.

Ms Maseko-Jele was displeased by the Commission’s response on the creative measures it may implement to improve its targets and requested that it pay more attention to that.

Mr Majola said that the Commission would consider the proposal made going forward.

The Chairperson asked that the Commission submit all of the outstanding reports requested by Members. Furthermore, he advised that it improve the speed at which it completed its investigative reports, to avoid creating a public image of non-delivery.

The Committee, in the final report that it has to submit to Parliament on its work, will include its position on what assistance should be provided to the SAHRC.

Mr Majola assured the Committee that the SAHRC will submit all the required reports.

The Chairperson indicated that the Committee would then move to the briefing by the LASA on its 2023/24 APP.

The Committee Secretary recommended that the Committee take a five-minute break to allow the officials from the LASA to log into the meeting.

The Committee took a 5-minute break.

After the resumption of the meeting, the Chairperson stated that the LASA would be afforded 30 minutes to present its APP to the Committee.

Opening remarks by the Chairperson of the LASA Board

Judge Motsamai Makume, Board Chairperson, LASA, highlighted that he would have to leave the meeting early, as he had to attend to a legal case.

He told the Committee that the LASA had already taken the Minister of Justice and Constitutional Development through the APP.

Briefing on the LSA’s 2023/24 annual Performance Plan

Ms Mantiti Kola, CEO, Mr Patrick Hundermark, Acting National Operations Executive, Mr Sethopo Mamotheti, Chief Operations Officer, and Ms Tinstwalo Mofokeng, CFO, briefed the Committee on the entity’s 2023/24 APP.

Administration targets for 2023/24

Ms Kola highlighted that the LASA had four programmes for the 2023/24 FY, these are: Client, community, stakeholder and shareholder; Finance and sustainability; internal business processes; Employee and organisational capacity and innovation and learning. Some key targets for the LASA are:

  • To cover (or provide access to criminal legal aid services) 80% of the district couts (DC);
  • 90% of the regional courts (RC);
  • And all high courts (HC)
  • 100% compliance with all of its statutory requirements
  • Provide legal representation and advice to clients in 200 new land matters

 

Financial budget for 2023/24

Ms Mofokeng indicated that the total allocation for the LASA had slightly decreased from R2.189 billion in 2022/23 to R2.188 billion in 2023/24. R1.8 billion (or 80%) would go towards personnel costs, representing a 1.4% increase from the previous FY. In addition, R76 million, as part of the Medium Term Expenditure Framework (MTEF), will be allocated towards the Land Rights Management Unit, which represents a R13 million reduction from 2022/23.

Institutional performance for 2023/24

Mr Mamothethi outlined the LASA’s key strategic risks, the most important being the mandatory budget cuts it has faced; the increasing criminal and civil practitioner caseloads; and the poor quality of legal services provided in criminal, civil and land matters by its local offices and Judicare, among others.

Judge Makume indicated that the Board will receive an explanation on how the LASA incurred R2.2 million in irregular expenditure for the prior financial year.

Budget cuts have had a negative impact on the LASA’s programmes and its capacities, he stressed. Another challenge it faced was the waiting period for clients in civil matters; measures are being explored to shorten it.

(See Presentation)

The Chairperson opened the floor for discussion.

Discussion

Mr Horn reminded the LASA that Members have not been in favour of the budget cuts it has had over the years, as it recognised their adverse impact on its functioning. In a previous meeting, the LASA assured the Committee that it would have full coverage of all the courts, specifically magistrate courts, despite the budget cuts. However, following a visit to the National Prosecuting Authority (NPA)’s Northern Cape provincial office, it was stated that legal coverage in the province remained a problem. As such, he asked if LASA is still confident that it is providing full coverage of the criminal courts.

Referring to the transferred functions related to land matters, he elaborated that the Committee’s understanding, based on the LASA’s previous briefing, was that the transfer of functions would be accompanied by a budget, yet during the presentation it was outlined that this transfer has caused an additional budget deficit.

He asked for an explanation of what the cause of this was, and whether the LASA was confident that there had been a seamless transfer of functions. Previously there was an issue that not all the private practitioners that dealt with those matters were already registered on Judicare, with some not qualifying. Further to that, he asked if the process had been concluded and what measures were put in place to not allow for gaps in the representation.

Dr Newhoudt-Druchen congratulated LASA for receiving an unqualified audit for 21 years and hoped that this would continue going forward. Thereafter, she posed a series of questions.

One, referring to the LASA’s R69 million shortfall and the subsequent meeting that will be held between the CEO and the Department, she asked if the LASA institution had established how it will convince the DoJ&CD to provide it with more funds.

Two, she asked if the LASA had the in-house capacity to deal with all issues related to litigation on land.

Three, she asked whether the LASA’s office accommodation had been purchased or leased. Further to that, she asked whether the institution was satisfied with the office accommodation provided for its staff.

Four, she asked how the LASA dealt with court inefficiencies and if it had drafted an action plan.

Five, she asked what impact load shedding had on the operations of the LASA, and whether it was utilising alternative energy sources to mitigate against it in its office.

Six, she asked for an update on what the demand for the LASA’s services was.

Adv Breytenbach asked how the LASA was dealing with the land rights management facility which it had inherited from the Department of Agriculture. Moreover, she asked for a progress update on the cases and how the institution was funding that portion of the litigation spectrum.

Judge Makume, on the question of whether the LASA was utilising alternative energy sources, said that the institution has a generator as its head office, however, he was unsure if the others did.

Ms Kola thanked the Committee for its continued support against its budget cuts. The LASA hoped, she said, that it would not experience further mandatory budget cuts in the upcoming METF.

Regarding the question on the LASA’s strategic plan on court coverage, she elaborated that when the institution began with its 2020-25 strategic plan, it informed the Committee that it would be able to cover 84% of the district courts and 94% of the regional courts in year 1, but due to the budget cuts, the institution had to adjust its target for the former to 80% and 90% for the latter, in 2021 and 2022. The previous MTEF budget cut, which amounted to R250 million for the cost of employment, played a significant role in this.

The LASA is able to carry all of the matters in the High Courts (HC), she continued, with many of the HC practitioners carrying a high load of pending cases.

On the question of the transferral of functions for land-related matters, she indicated that the LASA took over the function, in January 2022, from the Department of Agriculture, Land Reform and Rural Development (DALRRD). As the allocated funds were not immediately transferred to the LASA after the handover of the functions, the Board decided to utilise some of the reserve monies for the institution to execute the functions for the head office component and to start building capacity from January 2022, she outlined.

In April of the same year, the LASA was provided R33 million, which was far below what was requested from the DALRRD and the NT, to commence with the capacitation of the land rights management unit. However, through the concerted effort of the institution and the DoJ&CD, in consultation with the National Treasury, the former was granted the MTEF allocation for land, but only for the 2023/24 financial year. As a consequence, the LASA relied on the R33 million from DALRRD and some of the retained surplus, she said.

With this insufficient budget, LASA struggled to begin its recruitment drive and internal capacitation. She asked the CFO to explain the budget for land rights management to Members.

She confirmed that the LASA had established how it will convince both the DoJ&CD and the NT to provide it with more funds, with the CFO and the lands rights management unit continually engaging with both.

Ms Mofokeng, following on the request to elaborate on the budget for land rights management, highlighted that the total budget for the 2022/23 financial year stood at R146 million, which comprised of the R24 million allocated from the retained surplus used to capacitate the national office on this function, and the R33 million that was transferred in April 2022.

Prior to the handover of functions, the LASA engaged with the DALRRD, the NT and the DoJ&CD on the budget for the categories of the land rights matters that would be transferred over to the institution. During the discussions, the LASA put forward a R117 million baseline budget required for the entity to carry out the land mandate each financial year. However, the memorandum of understanding (MOU) agreed to indicate that only R89 million would be allocated for the 2022/23 financial year and R76 million for 2023/24.

As a result of the unavailability of some internal practitioners at the LASA’s parallel delivery model, the LASA had to delegate the handling of the matters to Judicare, causing the direct expenditure for 2022/23 to amount to R110 million. Due to the R76 million baseline for 2023/24, the institution has to apply a staggered approach in its recruitment drive, to prevent compromising the other services in this function, she added.

Ms Kola, on what steps are in place to ensure that there are no gaps in representation, explained that in the 4th quarter of the 2021/22 financial year, LASA co-managed the function in conjunction with the DALRRD and the then service provider it had appointed. From October of the same year, the LASA began to encourage the legal practitioners on the panel that the DALRRD was using to accredit on the Legal Aid Judicare system, due to the fact that they had expertise and experience in providing legal services to farm workers, labour tenants and restitution claimants.

The two requirements for accreditation were Central Supplier Database (CSD) and tax compliance. At present, the entity is utilising the panellists accredited on the Judicare system. Where a panellist is not accredited, the entity uses its internal practitioners. Thus far, 78 out of 142 of the officials on the lands right management establishment, form part of those dealing with the functions, she indicated.

On this, the LASA collaborates closely with the DALRRD, the Land Commission and the Land Court to ensure that the representation of claimants is resolved before a matter is placed on the roll. She admitted that despite the progress made, the process has not been easy.

She confirmed that almost half of the entity’s offices were equipped with uninterrupted power supply (UPS).

Mr Mamotheti, responding to the question on load shedding, said that the entity has embarked on procuring UPS for all of its offices, including the satellite ones. Furthermore, it is assessing whether some of the system can be moved to its cloud server.

Regarding the question if it is satisfied with its office accommodation, he confirmed that the entity was satisfied with its office accommodation, but it is concerned that its national footprint has not expanded in the last ten years. A study has been established which will identify areas where new offices can be opened and assess whether the existing office provides access for complainants to attain justice. Moreover, it will also take into account the fact that over 80% of staff can work remotely.

Mr Hundermark, on how the LASA dealt with court inefficiencies and if it had drafted an action plan, mentioned that the entity had extensive mechanisms for the monitoring of cases, particularly case backlogs – much of which is due to Covid-19 and recently, load shedding, – and their turnaround. Each practitioner is expected to complete matter-activity reports, to better keep track of the progress of a case.

LASA reports ten cases per province to the National Efficiency Enhancement Committee about all the matters that go beyond the turnaround times, he indicated. On a provincial basis, the LASA provides the top fifty cases for each province to the provincial efficiency enhancement committees, so that they can consider measures to implement to finalise long-standing cases.

In addition to that, LASA also receives data from the Department of Correctional Services (DCS), which it correlates with its own on outstanding cases, he highlighted. The agreed standards within the cluster are six months for district courts, nine for regional courts, and twelve for HCs, which the LASA monitors against.

Referring to the question on the LASA’s court coverage, he clarified that the entity has a court coverage plan (signed-off by the DoJ&CD and audited by the AG) which looks into the number of days that each court in the country sits. Depending on the demand, certain courts may be covered for 80% of the time, while others it may be less.

Judge Makume added to the response on coverage and said that it has been recommended by the judiciary to look into utilising virtual courts on certain matters, such as, postponement hearings, which it believed would enhance the efficiency of courts.

The Chairperson indicated that the Committee would consider that suggestion. Afterwards, he asked if the officials from the Information Regulator (IR) were ready to present their 2023/24 APP.

Mr Ntsumbedzeni Nemasisi, Executive: Promotion of Access to Information, IR, said that all officials from the IR would join the meeting soon.

The Chairperson said that the Committee would take a five-minute break, to allow the officials to join the meeting.

The Committee adjourned for a five-minute break.

After the resumption of the meeting, the Chairperson informed the IR that it would be afforded between thirty to forty-five minutes to present its APP.

Opening remarks by the Chairperson of the IR

Adv Pansy Tlakula, Chairperson, IR, told Members that the listing of the Regulator in the PFMA remained a challenge, and no progress has been made since the appointment of the Board in 2016. This, she stressed, has significantly affected the IR’s independence.

The workload of the Regulator has steadily been increasing, mainly due to the assessments and investigations conducted in relation to both the Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PAIA).

The Regulator released its report on the own-initiative investigation into the South African Police Services (SAPS) violation of POPIA. Furthermore, the findings from the own initiative assessment on the DoJ&CD was released on the previous day, and the report will be released later in the day. Investigations into the alleged breaches of DisChem and others are also underway.

She anticipated that some of the reports would likely be challenged in the courts after the IR received notice from one of the private bodies it investigated under PAIA to challenge the findings. If the trend continued, the IR would have to dedicate much of its budget to court proceedings, placing additional pressure on its constrained finances, she underlined.

Going forward, the IR planned to conduct assessments on the compliance of both PAIA and POPIA. In the previous year, it did so on the Metros, the banks and the insurance companies under PAIA, with further assessments to be done on universities and political parties. Under POPIA, the IR has commenced with assessments of mobile phone service providers, she added.

A new initiative has been adopted, named Dikopano, by the IR, to raise awareness of its functions to communities, and companies.

The Chairperson asked if the IR could provide key highlights on the reports that it has conducted.

Adv Tlakula reminded the Committee that the SAPS report related to the leaking, by the SAPS, of the personal information of the alleged victims of sexual assault in Krugersdorp. In its report, the IR found that the SAPS had violated almost all of the sections of POPIA, and ordered it to take certain corrective actions, which included the issuing of a public apology to the victims, which it did.

The assessment looked into the data breach that the DoJ&CD suffered in 2021 and found that the causes related to the non-renewal of licences for antivirus and security.

Another investigation under PAIA, which did not receive much media attention, concerned the information related to the holding of royalties meant to be paid to musicians, by a specific company. Following the conclusion of the investigation, the IR ordered them to release the information, she said. The company has served a notice that it intends to take the report on review.

Briefing on the IR’s 2023/24 APP

Mr Nemasisi and Ms Glen Zulu (CFO) briefed the Committee on the IR’s 2023/24 APP report.

In respect of POPIA, the target was

-60% of complex complaints received, investigated, and completed within the prescribed timeframes

- 100% of simple complaints received, investigated, and resolved within the prescribed timeframes

In respect of PAIA, the target was:

- 60% of complex complaints received and investigations completed.

- 100% of simple complaints received and resolve

- 108 targeted public and private bodies assessed on compliance

- 50% of public and private bodies assessed upon request

Key risks include:

-Inadequate processes and Standard Operating Procedures

-Inadequate compliance with the communication protocol (when imparting Information to the public

-Governance failures

-Inadequate implementation of mitigation plans

-Non-listing of Regulator

-High Staff Turnover

-Heightened Security Compromises

-Inadequate office space

-Unauthorised, irregular, fruitless and wasteful expenditure

-Loss of assets (theft, damage, negligence)

-Under/overspending of the budget

-Delays in processing tenders (above 1 million)

-Inability to appoint service providers timeously

In terms of the budget for 2023/24, the Regulator has been allocated an amount of R109 million. This will be an 8% increase from the previous financial year. The majority of the funds (R78 million) will be allocated to Compensation of Employees.

The Regulator will intensify its awareness and education programmes that aim at raising awareness about the Regulator and understanding of POPIA and PAIA. The children, vulnerable, and marginalised groups will not be left behind.

(See Presentation)

The Chairperson opened the floor for discussion.

Discussion

Mr Horn repeated his previous concern about the IR not yet being listed as an entity, and recommended that the Committee renew its decision to organise a meeting with all of the relevant stakeholders on the matter.

He asked if the IR was still struggling to appoint subject experts, and whether an assessment has been done to look into the reasons for the high staff turnover.

He was concerned by the risks to the protection of personal information of citizens, as well as the rights of access to credible information or ordinary citizens, posed by the growth in the use of artificial intelligence (AI), and asked if the IR had considered this.

Dr Newhoudt-Druchen was disappointed by the SAPS leak of the alleged sexually assaulted victims’ personal information. To this, she asked if the IR conducted detailed briefings to law enforcement agencies, especially SAPS because it has the power to abuse the personal information of the victims that it interacts with, preventing them from providing sensitive details on a matter. If it did not do so, she encouraged the IR to play a larger role in sensitising the government not to spread personal information, in line with POPIA.

Referring to the data breach at the DoJ&CD, caused by its non-renewal of software protection licences, she asked what role the IR was playing in ensuring that government departments regularly renew their licences.

She asked for an update on the progress in the appointment of ICT specialists.

Adv Breytenbach asked if there had been progress on the investigations into the ransomware attack on the DoJ&CD, whether it had received the required cooperation from the Department, and if so, what steps had since been taken.

Thereafter, she asked whether the IR was investigating the data breaches at Dischem, Real Promotions, Shoprite, TransUnion and the Debt-In. Further to that, she asked what cooperation it had obtained from the implicated parties, and what proactive approach it was able to take to assist in preventing the breaches.

The Chairperson asked if the IR had a comprehensive plan on risk register management, as it faced certain risks, such as litigation costs and the emergence of AI.

Adv Tlakula, on the high number of resignations at the IR, said that it had been identified as a risk, and an article was distributed to senior staff members on the rate of young people resigning from the public sector looking for better remuneration.

Ms Hellen Shube, Executive: Corporate Services, IR, confirmed that the IR had identified the high turnover of staff at the Regulator as a risk, and elevated it as one of its enterprise-wide risks which it reports on each quarter in its internal oversight committees.

Measures have been put in place to address the risk, such as the conducting of a survey, assisted by a health-risk service provider, anonymously, on the views of all staff members regarding the organisation; and exit interviews, with the key concerns amongst staff being the salaries and the non-listing of the Regulator. An action plan has been developed, and will be submitted to the Committee for approval in the next meeting, to address some of the issues, such as the determination of conditions of service for staff, she added.

Adv Tlakula, on the AI disinformation, said that she formed part of the United Nations Educational, Scientific and Cultural Organisations (UNESCO)’s plenary session in Paris, where methods to counter AI disinformation were discussed. Efforts are underway on best to utilse PAIA to obtain information from digital platforms on their policies around AI and disinformation.

The Chairperson, on behalf of the Committee, thanked the IR for its responses to the questions posed by Members, and said that it would await the tabling of the action plan for staff retention.

The meeting was adjourned.

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