Medium Term Budget Policy Statement 2006: input from Departments of Correctional Services, Safety & Security, Justice & Constitu
Budget Committee on Appropriation
15 November 2006
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
JOINT BUDGET COMMITTEE
15 November 2006
MEDIUM TERM BUDGET POLICY STATEMENT 2006: INPUT FROM DEPARTMENTS OF
CORRECTIONAL SERVICES, SAFETY AND SECURITY, JUSTICE AND CONSTITUTIONAL
DEVELOPMENT
Chairperson: Mr B J Mkhaliphi (ANC,
Mpumalanga)
Documents handed out:
Department of
Correctional Services presentation
Department of Safety
and Security presentation
Department of
Justice and Constitutional Development presentation
SUMMARY
The Departments of Correctional Services,
Safety and Security as well as Justice and Constitutional Development briefed
the Committee on their budget adjustments subsequent to the Medium Term Budget
Policy Statement as well as to report on the extent to which expenditure
patterns for the 2005/2006 AND 2006/2007 financial years were in line with
strategic plans. Due to the absence of key accounting officers of each
department, the security cluster had not been allowed to make presentations
during the recently completed hearings process on the MTBPS.
The Department of Correctional Services had spent 41.87 percent of its budget
for the first six months of current financial year. The Committee was informed
that the original estimated costs for the construction of the New Generation
Correctional facilities had to be reviewed to take account of the current boom
in the construction industry. An announcement of the number of prisons that
would be built would follow in due course, pending further discussions with
National Treasury. An appropriate procurement model for the construction of
these prisons would be finalised.
The Department of Safety and Security reported that its main spending
priorities for the 2005/2006 financial year had been met, and a net surplus of
R1000 had been returned to the National Treasury. It expected to continue this
trend. Funds allocated for the security provision for the 2010 Soccer World Cup
would be utilised to acquire systems and equipment that would be of lasting
use.
The Department of Justice and Constitutional Development noted its persistent
under expenditure. This chronic under spending related to the high job vacancy
rate. The current recruitment and human resource development strategy would
both remedy the high vacancy rate as well as enhance professionalism. The
revised requirements for administrative positions would assist the Department
in providing the core but historically neglected function to its legal advisory
services. The Department had spent 41 percent of its current budget in the
first six months of the financial year. It had requested the use of rollover
funds and virements to finance those unfunded, but critical priorities relating
to security provision in courts.
The Committee raised concerns regarding the high levels of job vacancies in
Departments and the tendency of departments to increase spending in the last
month of the financial year in order to avoid the consequences of under
spending. Greater alignment of expenditure with strategic plans was emphasised.
MINUTES
The Chairperson requested departments to focus
presentations on the problematic aspects of their activities, especially those
related to expenditure. The Committee could only assist departments in finding
solutions, when they were informed of all the challenges experienced.
Department of Correctional Services: presentation
Ms N Mareka (Deputy Commissioner: Public Service and Finance) and Mr L Sincabe
(Deputy Commissioner in the Office of the National Commissioner) briefed the
Committee on the extent to which the Department’s expenditure patterns for the current
financial year aligned with the implementation of its strategic objectives.
Key strategic objectives included the implementation of a Master Information
Systems Plan to ensure the effective management of knowledge. This would be
implemented over a period of 5-8 years. A five-year Integrated Human Resource
Strategy would ensure adequate levels of recruitment, staff retention and
training. This strategy formed part of the operational process planning of the
Department.
The Department remained committed to the construction of the new generation
correctional centres. The costs of construction had been reviewed due to the
current boom in the construction industry. A meeting with National Treasury was
scheduled for the following week.
Current projects included the review of its Strategic Plan to improve the
alignment of targets set with the projected outcomes. With the assistance of
the national Treasury the Department would establish a comprehensive Monitoring
and Evaluation System. Discussions with the Auditor-General, National Treasury
and Accountant General would produce detailed plans to achieve greater
compliance with accounting standards in the short-, medium- and long term.
The baseline allocations of the estimated national expenditure for 2005/2006-2008/2009
had been reduced. This reduced baseline with a possible additional allocation
would be received during the course of November 2006. The adjusted estimates
per programme confirmed that the department had spent 41.87 percent of its
total budget over the past six months. Funds also shifted between programmes,
the bulk of which was used to finance shortfalls in the Compensation of
Employees programme’s creation of additional posts. Funds from Goods and
Services were also shifted to finance shortfalls in the budget for nutritional
provision.
Discussion
The Chairperson explained to the delegation that the Joint Budget Committee was
a newly established parliamentary committee and was thus not very well known to
departments. He expressed his confidence that continued interactions would
create a better understanding of why such a committee had been established.
Ms J Fubbs (ANC) noted that the Department’s presentation needed greater
emphasis on its financial affairs. She said that the purpose of the Committee
was to interrogate the use of public finances and this mandate needed to be
clarified to departments.
Ms Fubbs requested greater clarity on the financial barriers to the
vetting of all correctional services employees. It was clear that, although spending
projections for this programme had been finalised for a period up to 2009,
problems had already been experienced. Could the Department explain the
financial challenges in this regard?
Mr Gillingham (Chief Financial Officer) explained that the deficiencies
were structural rather than merely financial. The Department managed this
process in collaboration with the National Intelligence Agency (NIA). NIA’s
review of the vetting process over the past eighteen months contributed to the
delays in the vetting of officials. However, staff of both head office as well
as officers in the Gauteng region had been vetted to selected positions that
required the handling of sensitive documentation.
Commissioner Mti added that although the NIA was responsible for the
vetting of its own officials, the Department was also, as an interim measure,
handling this process for the agency. The Department’s capacity was thus
stretched since it was managing the vetting process of both its own officials
and NIA’s.
Ms Fubbs asked what the financial implications of the implementation of the
prisoner classification system were. It was not clear whether this system had
been implemented at all correctional facilities. Citing the inefficient
management of this system at Wentworth Correctional facility, she asked why the
training of officials to efficiently manage these biometric systems, did not
have the desired positive impact.
Mr Sincabe responded that the inmate tracking system was a project of
the entire criminal justice system, and not merely the Department of
Correctional Services. All these departments were allocated funds for the
specific project, and were therefore jointly responsible for its
implementation. He acknowledged that the difficulties experienced in the Durban
Westville Correctional facility largely related to the misconduct of staff
members as well as some prisoners. There had been instances where certain staff
members attempted to cause the system to fail. He stressed the importance of
this inmate tracking system, as it was a means to easily track and locate
prisoners especially at times of scheduled court appearances as well as for
auditing purposes.
Ms R J Mashigo (ANC) noted that the adjusted estimated expenditure per
programme indicated a shift in the surplus funding of goods and services to
finance the shortfalls under nutritional provision under the care programme.
Could the department explain the reasons for this? She added that the
Department should try to reduce expenditure rather than shifting funds to a
programme that created shortfalls in the budget.
Ms Mareka responded that these virements on the care programme were not
intended to finance the awarded catering contracts, as not all kitchen services
had been outsourced.
The provision of catering services were still largely the responsibility of the
department but was outsourced in instances where kitchen facilities needed
renovation. Such expenditure needed to be funded. Mr
Gillingham added that the shifts in expenditure under the care programme were also
due to the escalation in medical expenditure.
Ms Mashigo was not satisfied with the answer provided. Could the Department
indicate the total costs of running those catering facilities? Were these cost
effective?
Mr Gillingham answered that the specific costs for the services provided
per contract were not readily available but would be forwarded as soon as
possible. The contracts awarded, were not merely for the provision of catering
services, but included the refurbishment of kitchens as well as the utilisation
of a new planning system, the exercise of a new costing model as well as the
training of both staff members and offenders working in these kitchens. The
service provider also assisted the Department in its own agricultural
activities, as it had to use the produce these activities produced. The
contract management unit of the Department had recently produced a report that
confirmed the cost effectiveness of outsourcing mass catering provision, during
the upgrade of facilities. He reiterated that the specific costs for each
awarded contract would be forwarded.
Ms Fubbs requested the Department to clarify the reasons for the delays
in the construction of the new generation prisons. Different explanations for
these delays had been cited, amongst others, insufficient funding allocations
as well as lack of capacity within the Department. She welcomed the Department’s utilisation of
certain clauses of the Public Finance Management Act that could fast track the
construction of these prisons. Could the Department outline the financial risks
involved in the building of these facilities?
Mr S Dithebe (ANC) enquired whether the Department intended to build the
eight correctional facilities announced in the 2005 and 2006 State of the
Nation addresses. The presentation had only made reference to the planned
construction of four such facilities.
Mr Gillingham responded that the Department, in collaboration with Department
of Public Works (DPW), had applied their efforts to developing a design for the
new correctional facilities. A revision of the original design was necessary in
line with the vision of the Department reflected in the White Paper. As cost
projections were not aligned to the trends in the building industry, the cost
projections needed adjustments. With the assistance of an independent quantity
surveyor, the Department had to develop a budget sensitive to the trends in the
construction industry. The Department had also been in discussions with
Treasury, to ascertain the best spending method to build these facilities.
The Department would consider, with the assistance of a procurement advisor,
the best procurement method for this project. The Department, DPW and National
Treasury would then consider this feasibility report. The new facilities would
not be built simultaneously, and the Department would embark on a phased process
of tendering for the construction of each facility. This also held financial
implications. When a final recommendation was reached, the budget would be
adjusted accordingly. Due to this process, money had already been returned to
the National Treasury.
Regarding the delays in the construction of the correctional facility in
Kimberley, Ms Maraka responded that the unanticipated boom in the construction
industry had increased the cost of the building of this prison. Mr Gillingham
continued that the Kimberley facility would continue as a significant amount of
money had already been invested in the project. The Department had to avoid
over spending. This facility would be the only centre that would be modeled on
the public sector’s corporality procurement model.
Mr Dithebe noted that the Department had not responded to the question on the
actual number of prisons it intended to build. Could the Department clearly and
categorically express their commitment to the building of such correctional
service facilities?
Commissioner Mti responded that the actual number of prisons built would
be determined by the trends in the construction industry, hence the current
revision of original projections. The original cost projections for the entire
project had been R250 million, but needed adjustment, as the construction of
the Kimberley facility alone would cost an estimated R800 million. It was clear
that the Department needed significant amounts of funding to complete this
project and the approach to the construction would also be revised.
The Department would be meeting with National Treasury the following week to
discuss which of the possible eight would be built. The Department expressed
its confidence that it could continue with the planned construction of facilities
in Klerksdorp, Nigel and Kimberley. The planned building of the Leeuwkopf
facility had to be cancelled due to concerns and challenges regarding the
environmental impact the construction held. The construction of a facility at
Polokwane could be cancelled, due to a significant increase in the cost. He
stressed that the Minister would be in a better position to make clearer
announcements regarding these facilities in due course.
Commissioner Mti acknowledged the need for more interaction with the Committee.
He said that the Department’s approach was to contextualise the allocation of
funds to create a better understanding of how and why public funds were spent.
He stressed the need for further interaction with the Committee to discuss in
greater detail specific areas of concern.
Mr Mkhaliphi wondered, since the President had unveiled this project in
Parliament, whether the Department had kept Parliament informed regarding the
financial and other related challenges it faced.
Commissioner Mti responded that it had interacted with the Portfolio Committee
on Correctional Services and continued to inform that committee on the progress
made. He considered the Minister as the appropriate official to make specific
announcements regarding the revised targets.
Ms Dithebe commented that the Department had explained that the delays
in the implementation of their strategic plan were structural in nature. He said that the department made reference to
a balanced score card in its presentation about information technology and
master information systems plan delivery. He explained that in order to
successfully adhere to the balanced score card system of evaluation, staff had
to be clear about their role and responsibilities within the department. What
were the problems with regard to meeting the planned objectives of the
department?
Mr Sincabe answered that the balanced
score card was not yet implemented as a means to evaluate employees. This
system would be implemented in due course as part of the drive towards excellence
and master information systems plan. Currently, certain elements of the
Balanced Scorecard (BSC) such as the finance, customer relations and internal
learning processes, were managed through the Department’s own strategic
planning process and other internal processes.
Mr Mkahliphi commented that the Department had to clearly state its capacity to
spend its present budget. Dr Rabie, citing the spending on administration,
security and corrections, wondered whether the Department had the capacity to spend
its budget for the current financial year. If not, had the department taken
proactive steps to spend the entire budget.
Ms Mareka responded that many departments had difficulty in developing
measurable objectives. The Department, with the assistance of National
Treasury, had embarked on a process of reviewing the manner in which objectives
were developed. It was also important to explain these objectives in the
various reports, in a clear and understandable manner.
Commissioner Mti responded that, based on the spending patterns of the previous
financial years, the Department expected to spend about 98 percent of its total
budget. National Treasury had accused the Department of spending money in the
last month of the financial year in order to prevent the consequences of under
spending. He stressed that the Department did not take part in the “March
Boom”, but merely requested additional funding for specific projects for which
funds had not been allocated. He reiterated that the Department, only if constraints
allowed, would spend the funds it had been allocated. As accounting officer, he
wished not to be accused of participating in the “March Boom”.
Dr P J Rabie (DA) requested an update on the progress made by the Department,
in the implementation of the recommendations of the Jali Commission.
Mr Sincabe answered that since the time the Jali Commission Report was handed
to the Minister of Correctional Services, Mr Ngconde Balfour, the Department
had begun to build the internal capacity necessary for the implementation of
the recommendations. A subsequent report, compiled by the Department, detailed
the steps needed to implement each recommendation. It was found that the
Department had already begun to remedy many of the management challenges
identified in the Commission’s report. These have also been identified as
critical areas in the reports produced by the Department. It would present a
report on the progress made on these recommendations to the select committee on
Security and Economic Affairs following day. Prosecutions would be a bit
problematic. The number of people that would be prosecuted necessitated an
increase in institutional capacity of the Department in terms of personnel as
well as the skills capacity of staff. He stressed disciplinary processes had to
be made thoroughly and meticulously. This would be an area of additional
funding allocations.
Mr Gillingham added that the request for funding had already been submitted for
the next financial year. It would be able to finance this section for this
financial year with its savings and thus had sufficient funding for this
financial year.
Mr J Schippers (ANC) asked whether all correctional facilities had been
equipped with the IT systems. If not, what percentage of all correctional
facilities still needed to be upgraded?
Commissioner Mti said that this question could not be answered with certainty.
Information Technology was centralised and thus managed by the national
department. The provision of efficient IT services in all correctional facilities
was thus a national responsibility. Currently area IT specialists managed the
IT systems in facilities, but the Department intended to provide an IT
specialist for each prison. He stressed that all centres were connected to the
IT system.
Mr Schippers enquired about the costs involved in the promotion of
officers in Levels 6-7? Was this sufficiently budgeted for?
Ms Maraka confirmed that provision was made in the budget and money was
available to fund those promotions. This had been projected expenditure for
both the period ending March 2007 as well as the end of the current Medium Term
Expenditure Framework (MTEF) cycle.
Ms Fubbs commented that questions relating to the “March Boom” had not
been answered. Trends in expenditure suggested that the Department could be
expected to increase expenditure in the last month of the financial year. She
added that currently, only 20 percent of the department’s capital budget had
been spent. The Committee appreciated the difficulties experienced in spending
its budget, but officials had to acknowledge the danger in accelerating
spending in the last month.
Ms Fubbs commented that questions around the new facilities needed
greater clarification, not withstanding the Department’s pending visit to
Treasury. What was the basis when estimating the projections? Every one was
complaining about the cost of the tenders and this was understandable. The Department had to come properly prepared with
the relevant documentation. The Committee
needed greater clarification on the trends in expenditure.
Mr Mkhaliphi thanked Commissioner Mti and his delegation for their
presentation. He said that, as with all government departments, the Committee
would review expenditure on a monthly basis to monitor whether spending was in
line with original projections. Regular interactions with the Committee were
thus assured.
Mr Mkhaliphi noted that the Committee should receive all requested
information within seven working days.
Department
of Safety and Security (DSS): presentation
Mr Stephen Schutte (Chief Financial Officer) reported that its main spending
priorities for the 2005/2006 had been accomplished. It had spent R 28 480 503
of the allocated R28 480 504 and had thus a deficit of R1000.
Spending priorities included the improvement in remuneration, additional
personnel, the expansion and upgrade of vehicles, the acquisition of
bulletproof vests, the construction and improvement of infrastructure as well
as the upgrade of computer technology. In addition to these priorities, a
Security and Protection Services Division had been established, Pilot projects
in this regard had been implemented and the roll out process had commenced at
the Beit Bridge Border Post, OR Tambo International Airport, Durban Harbour as
well as Cape Town Train Station. Expenditure on the training of police officers
had increased by 43.25 percent to R626 million. The Department had spent R35
million on 9000 new firearms. R139.7 million had been spent on developing a
system for the implementation of the Firearms Control Act.
The transfer of R36.5 million to the Department of Health for the maintenance
and upgrade of mortuary services, impacted on the adjustment estimates of
national expenditure for 2006 The suspension of these funds in the budget was
due to the transfer of the function for rendering A Forensic and Pathology
Service from the SA Police Service to the Department of Health from 1 April
2006.
The Department had spent 45.6 percent of its budget for the current financial
year between April 2006 and September 2006. The Department would strengthen its
visible policing function, case flows as well as preparation for the 2010 World
Cup, as stated in the Medium Term Budget Policy Framework. The key operational
policies of the SAPS were in line with the MTBPS and included the management of
organised crime, combating serious and violent crimes, particularly in high
crime areas as well as enhancing the control over ownership and possession of
firearms. Crimes committed against women and children would also be combated
and the sector policing service delivery would be improved.
The goals of the Department conformed to the ideals of the Justice, Crime
Prevention and Security Cluster, which coordinated interdepartmental
initiatives across the criminal justice system. The cluster also focused on the
actions undertaken as embodied in the government’s programme of Action.
Through the 2007 Medium Term Budget Expenditure Framework and its accompanying
additional funding, the department would expand and develop infrastructure,
enhance police capacity, would manage its vehicle fleet as well as develop
systems for the management of security for the 2010 Soccer World Cup.
Discussion
Dr Rabie informed the Department of problems relating to the firearm
licensing process experienced by a resident of his constituency. Many gun
owners had expressed concern over the long waiting period for receiving firearm
licenses. Had any progress been made in speeding up the licensing process?
Commissioner Selebi answered that the licensing of firearms was a contentious
issue, and opinions differed between gun owners and those who opposed this
licensing. He said that there was a minimum waiting period, but certain
problems were apparent, if the waiting period exceeded one year. He requested
the details of the particular complainant, in order to investigate the status
of his or her application. He stressed that the waiting period served to
balance the views of both groups.
Ms Fubbs asked what assurances the Department could offer the Committee
that the funding allocations for the security demands of the 2010 Soccer World
Cup would be properly expended and managed. This was a very important issue.
Was the supply chain management properly geared to cope with the increase in
the security demands? Were mechanisms in place to ensure that the tender
process was fair and equitable and was this process properly managed? Mr
Schippers said that judging from the budget for the Soccer World Cup allocated
to the Department, what assurance could be given that the money would be well
spent on items that could also be used after the tournament.
Commissioner Selebi replied that the Department had always used its expanding
budget (from R17 billion six financial years ago, to the current R28 billion)
for the purposes it had committed itself to. The Department annually returned
only R1000 of its entire budget to the National Treasury. He expressed the
Department’s commitment to carrying out its annual priorities and would ensure
that the allocations for these priorities had been properly done.
Commissioner Selebi continued that the 2010 World Cup was not the first
international sport event the Department of Safety and Security had to manage.
The Department had been responsible for the security of preceding international
sport events and was also currently managing the security affairs for the
pending cricket world cup in the West Indies in March 2007. He added that the
West Indies had provided the funding, for this task. The Department was chosen
simply because of the quality of its security planning and management.
He expressed his confidence that any funding allocated for the purposes of the
2010 Soccer World Cup would be utilised accordingly. The funds would be used to
invest in services and equipment that would be of lasting benefit. The
Department would purchase water canons as well command vehicles that could be
utilised to both deal with unruly crowds as well as to command security
situations without the use of a set structure respectively. Specialised
equipment would also be developed that would enable the Department to monitor
security at all times. Currently, software was being developed that would
enable the national commissioner to know immediately the status of the work
done at any police station in South Africa, including the number of cases
handled daily, the number of daily complaints, attendance of police officials
as well as the number of dockets handled by each detective. This unique system
was currently being implemented at all police stations and would be very useful
for the 2010 World Cup. He reiterated that funds would be utilised effectively.
Ms Fubbs noted the increase in the number of new vehicles the Department had
received and expressed concerns over the Department’s ability to maintain these
vehicles. She explained that portfolio reports had always indicated to delays
in vehicle maintenance. Had an increased allocation for the maintenance of
vehicles been projected? Was the corresponding increase in new vehicles matched
by a corresponding increase in funding for vehicle maintenance?
Mr Schutte answered that the Department had annually budgeted R1 billion for
the overall maintenance of vehicles and this was indicative of the magnitude of
the global demands for oil and fuel. Projections for this area were very
difficult as costs were related to fluctuations in the global markets for these
commodities. The Department would always over fund for fuel, oil and vehicle
maintenance, as these were core items in its budget. He reassured the Committee
that the Department would not cut the spending on fuel, oils and vehicle
maintenance. The system for procuring maintenance systems had been revised, and
currently selected garages had been commissioned to maintain vehicles on a
threshold basis. A tender procedure would take time and could hamper the prompt
maintenance of vehicles.
Ms Mashigo wanted to know whether rural areas would also benefit from the
increased supply of vehicles. How would the Department deal with the current
rented structures for police stations in these areas?
Commissioner Selebi answered that the Department was developing more police
facilities in rural areas, but would want to couple these new facilities with a
recreational facilities that would serve to deter youth from committing crimes.
He said that traditional leaders played a key role in the Department’s
negotiations to acquire land to build and plan such facilities. These
negotiations tended to be very sensitive, as some traditional leaders were not
on good terms with municipal authorities. The location of the police stations
had to be suitable to the needs of the community as well as accepted by
traditional leaders. He reiterated that the Department intended to locate
police stations where they are needed most, but the different security needs in
rural areas as opposed to urban areas should be appreciated.
Mr Schippers said that many police officers expressed concerns over the
difficulty to advancing to higher salary levels. As improved salary levels
could only be secured though promotion, how could the Department improve the
livelihoods of those officers who could not get promoted? Was a merit system in
place for such officials?
Commissioner Selebi answered that national government had allocated funds to
the Department, for the specific purposes of increasing the salaries of police
officers by 34 percent over a three-year period. Those police officers in
levels 1-12 positions had been granted salary increases. As the need for such
increases had been on a junior level, the management of the Department had not
benefited from the additional funding.
Commissioner Selebi continued that although every police officer had the
right to be promoted, such promotions were limited to set annual targets. The
promotion policy was based on performance. Current performance management
system required a person to demonstrate his or her performance before being
promoted. Those who performed well but could not be promoted would be granted
monetary rewards. A committee monitored performance and was responsible for
identifying suitable candidates. This would encourage further excellence.
The Chairperson expressed appreciation for the Departments submission.
The Committee had raised the impact of current increased demands of the
construction industry with the Department of Public Works, but greater
engagement with the private sector was needed.
The Department shared this responsibility. He acknowledged that the Department
was constrained by the particularities of the methods of budgeting as well as
the impossibility of predicting significant fluctuations in demand and supply.
However, the MTEF period stipulated the development of particular indicators
and the department could inform the private sector of the critical materials
and technical skills necessary in future.
He reiterated that the Committee could do more to engage the private
sector, and that the Department had to do its share.
Department of Justice and Constitutional Development: presentation
Advocate Simelane (Director-General) and Mr Gordon Hollamby (Chief
Director: Budgets) briefed the Committee on the department’s financial
performance for the 2005/2006 financial years. An overview of expected
expenditure for the new financial year was also provided. The department had
spent 41percent of its overall budget for the current financial year between
April 2006 and September 2006. Members were informed that the department faced
the challenge of chronic under expenditure and this had been a key focus of the
qualified audit reports it had received for the past four financial years. It
was expected that the Department would record an under expenditure for the
current financial year.
A comparative overview of the spending over the initial six months of the
2005/2006 and 2006/2007 financial years reflected an increase in the
expenditure on court services. Expenditure on administration had decreased by
8.3 percent over the same period.
Key features of the 2007 Half Year Financial Performance Review included a 38
percent expenditure on current payments, 42% expenditure on the compensation of
employees. 12 percent of the budget allocated for machinery and equipment had
already been spent. 50 percent of the capital works expenditure had also been
utilised.
Roll-over funds, with the permission of National Treasury had been utilised for
the development of a digital network system, the provision of x-ray machines
and metal detectors and digital court recording equipment. This was part of the
Department’s drive to review and fund unfounded priorities.
Discussion
Ms Fubbs said that the Department had regularly made reference to “savings” on
remuneration and compensation. The published reports had revealed that this was
due to problems of recruitment, etc. She said that that savings could only be
achieved if strategic plans were implemented and funding was left over. The
Department had thus, as mentioned in the presentation, under spent on
remuneration and compensation.
Ms Fubbs continued that the Department did not indicate whether it was able to
finance these. She acknowledged the problems related to the capital and current
accounts experienced by the Department and suggested that it apply for funding
to the National Treasury to finance the above-mentioned critical areas. She
added that the Department needed to outline the difficulties the Department
experienced in spending funds. It was very difficult to establish these reasons
with the information given by departments.
Ms Fubbs raised concerns over the lack of basic facilities such as bathrooms at
courts. Smaller courts in particular, lack these very basic things. Surely
funding could be found for this? The Department had indicated that it had the
technical capacity to provide these services.
Ms Fubbs expressed her concerns regarding the expenditure on IT and payment of
soft ware licences in January or March, which accounted for the increase in
expenditure in the last month of the financial year. However, when comparing
the expenditure patterns of the recent quarterly reports as well as of the
previous years, such expenditure was not reflected. Why this increase?
Advocate Masimela responded that spending usually slowed down during the
November and December months, as all invoices for December period would be
received in late January or early February. Hence the expected hike in spending
in the last month of the financial year. The reprioritisation of the Department
as well as the completion of the tendering process also accounted for this
increased spending. He elaborated that the R35 million spent on the installation
of X-ray machines formed part of the implementation of the revised priorities.
A National Treasury regulation was used to issue an emergency certification for
the provision of this equipment to courts. Since security at courts was
identified as a priority, the Department without a lengthy tendering process
had picked a service provider. Treasury had expressed reservations regarding
this approach, and the Department would not utilise such a method frequently.
Mr Dithebe expressed his appreciation for the problems outlined by the
Department. Although the Department was wholly responsible for the
implementation of strategic plans, the Committee would assist the Department as
best possible to reach their goals. The relevant parliamentary committees could
assist in the creation of an appropriate legislative environment that would
enable the Department to deal with all of the challenges it had referred to.
Mr Dithebe commented that parliament would soon pass key pieces of legislation
such as the Sexual Offences Act. With current constraints related to personnel,
and the level of understanding of court officials regarding the basic precepts
of this legislation, how would the Department deal with the enforcement of such
legislation in the light of case backlogs?
Advocate Masimela responded that court officials had been educated on the
Victims’ Charter and this would go a long way towards ensuring that there was
no secondary victimisation of people. Clerical staff had been appointed to deal
with general matters concerning cases and this would assist in reducing case
backlogs. He stressed that a bigger obstacle was the lengthy completion of
investigation as this had an impact on how soon the prosecution started. The
ability to retain skilled staff also impacted on the prosecution process. The
National Prosecuting Authority faced the challenge of high number of vacancies
and had recently begun a recruitment process. He added that the NPA had lost
close to 100 prosecutors this year. A recent study indicated that 100 magistrates
currently under utilised could be redeployed due course. The magistrate’s
commission was currently working on how to deploy these officers. He stressed
that currently 40 courts located in urban areas were responsible for the
processing of 1 million cases annually.
Mr Dithebe wondered who developed Justice Deposit Account System (JDAS). Did
the Centre for Science and Innovation Research (CSIR) the service provider?
Adv Simelane answered that that JDAS was developed through the use of Microsoft
as an external service provider. The system was however driven by its own
internal unit. Microsoft was one of the external software providers and the
cost was about R30 million. The benefit would be immense, as all payments would
be processed using this system.
Mr Dithebe wanted to know how the Criminal Asset Recovery Account (CARA) was
managed. How is the actual appropriation of the funds in this account managed?
Advocate Simelane answered that in terms of the legislation; a minister’s
committee would meet to assess the various bids (for funding) the Departments
submitted. There is an official’s
committee on which Advocate Simelane served. This committee would make
recommendations to the minister’s committee that would in turn make a
presentation to Cabinet. Recently cabinet had reached agreement on how funds in
CARA should be utilised. Debates within the Department regarding the correct
appropriation funds focused on either victims of crime, or rehabilitation.
Mr Schippers noted that the presentation highlighted the important challenge of
filling vacant positions in the Department and that these vacancies mainly
occur at administrative related positions. These vacancies were now filled on a
temporary basis. When would these temporary staff be appointed on a
permanently?
Advocate Simelane answered that based on a decision made last year; all
temporary contracts would not be renewed. All these positions would be
advertised and those temporary staff had to reapply for a position. He
explained that that historically, the core function, provision of advisory
services, had been overlooked. Employees should thus be able to dispense advice
on matter relating to procedures and general administration and therefore
current requirements for such positions was a tertiary qualification in
addition to the two to three years working experience This would also
contribute to the enhancement of professionalism. The Sectoral Education and
Training Authorities (SETAs) would be utilised to improve the qualifications of
current employees. He added that the implementation of the digital recording
system would not result in job losses. The previous stenographers would be
reemployed in entry-level clerical positions and would be enrolled in
learnerships to improve skills.
Ms Mashigo expressed concern regarding the location of courts. She said that
the distance between courts and public transport is a big challenge. Had there
been any consultations, regarding the location of new courts and the
accessibility of public transports? The courts had to be in easy range of
public transport facilities since this had an impact on whether the court
systems would be utilised.
Advocate Simelane answered that a study was underway to assess the impact of
the demarcation process on the court system. A key concern was the correct
location of courts. Currently about 500-600 courts were under utilised, and the
Magistrates Commission was currently assessing this problem. In urban South
Africa, about 40 courts were managing the majority of cases and due to this
significant caseload; a long waiting list for trials had developed. Moreover,
currently 366 magisterial districts has one court which provided court services
to about 90 000 people. The present
location of courts such as Lenasia Magistrate’s Court and Protea Magistrate’s
Court in Soweto, were not easily accessible and this under utilised.
The Chairperson referred to the Department’s under spending on court services
the previous financial year. Would the Department reflect such an under
spending this year? This would not be a very positive reflection on the
Department, since the court processes was the Department’s core activity.
Advocate Simelane confirmed a pattern of repetitive under spending. The
Department was mainly concerned with incrementally improving its spending
patterns. He assured the committee although the Department would under spend,
it was expected to be less than the previous year. This problem was very
difficult to manage especially in light of the number of vacancies. This was a governance
issue as public service regulations inherently create gaps, due to the minimum
advertising period and the tedious process of processing applications. These
functions could be outsourced.
The Chairperson asked what the Department’s involvement was in the Multi
Purpose Community Centres (MPCC).
Advocate Simelane responded that the Department was not involved in these
MPCCs. The Department only participated in the cluster process. He would
however investigate this.
The Chairperson thanked the Director-General for his presentation and for his
forthrightness. He said that the main objective of the newly formed joint
budget committee of parliament was to appraise the dynamics of the annual
expenditure trends of departments. He expressed his appreciation for the
department’s acknowledgement that the under spending was chronic. He said that
Members were pleased that the Department was taking a proactive approach to the
matter. The Committee would be interacting with the portfolio committees to
monitor its management of under expenditure.
The meeting was adjourned.
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