Question NW276 to the Minister of Justice and Correctional Services

Reply:

The Department of Justice and Constitutional Development seeks to intensify efforts in the use of Information and Communications Technology (ICT) as a strategic enabler to function more effectively and efficiently with the objective of improving internal operations and service delivery within the Department and its partners.

The two (2) facets of Modernising Business Services and Strengthening the ICT Infrastructure are interrelated, and are the key pillars for the overall Modernisation roadmap.

1. Modernising Business Services

Currently, access to Civil case adjudication in the lower courts is heavily dependent on foot traffic entering the court buildings for litigants and their representatives to file court papers. The Department seeks to modernize this access, and has embarked on a journey to provide an operational environment that is not so heavily dependent on physical appearance in the courtroom.

The ability to make use of e-filing and virtual appearances is a methodology to enable the courts to more effectively finalize civil matters and deal with the backlog in cases that have accumulated over time in the era of communicable diseases.

​1.1 Civil Case Management Solutions (ICMS – Civil module)

The ICMS Civil modernization case flow management functionality (Phase 1) was completed in 2017 and rolled out nationally to 488 courts.

The system enables the Department to strengthen its administrative capacity and capabilities in, amongst others, the following areas:

1. Developing and monitoring service standards based on electronic case management information, intelligence and reporting;
2. Limiting the extent of missing or fraudulent documents through scanning of documents to an integrated repository; and
3. Determining influencing factors which have an adverse effect on the speedy finalization of cases by providing management information on the reasons for postponements focusing on unwarranted postponements which defeat the rationale behind providing speedy and cost-effective justice services.

1.2 Online interphase with Case management system

The Department’s ICMS Civil system is now being integrated to the Civil Online Portal and caters for case information to be passed from the initiating party to the ICMS solution and thereby eliminates data capturing duplication from paper-based documents and therefore improves data quality.

The integration of the online portal through which litigants and legal practitioners can converse with the court clerks and upload their court filing, is a development priority and is currently nearing the pilot phase for testing with external parties, i.e. Legal / Legal Aid South Africa practitioners.

The Governance structure supporting this development is reliant on the Criminal and Related Matters Amendment Act, 2021 (Act No. 12 of 2021) which contains amendments to the Magistrates’ Courts Act, 1944, so as to provide for “the giving of evidence through audio-visual link in proceedings other than criminal proceedings.”

The new Magistrate’s Court Act Rules that came into operation on 1 February 2022 are aligned to enabling digital filing of court documents and the virtual appearance of any or all parties to Civil court case proceedings.

The Online Portal is aligned to the Department’s modernization requirement to digitize all paper-based documents and through the creation of a portal whereby documents are uploaded outside the courthouse, this will render the cases initiated on system to be paperless from the start.

​1.3 Integration with Case participants – Case Outcome Messages and Court Orders

Alongside the paperless processing functionality, the Department has further developed Phase One of a digital work environment for Presiding Officers referred to as the e-Judicial Workspace.

The creation and transmission of a digital case file that has been enabled through the parties uploading court documents on the online portal to the ICMS system will enable the case file to be provided to the relevant Presiding Officer in digital format.

It is envisaged that the Judicial Officer would thus be enabled to perform case preparation from online case files and further empowered to issue court orders digitally using an authenticated digital signature to render the court order process to be paperless.

The integration through the Civil Online Portal together with the e-Judicial Workspace seeks to enable automatic transmission through electronic portals of all case/court related information (e.g. case schedules, case outcomes and Court orders) to the parties and their representatives.

This seamless creation, communication and storages of court orders also seek to improve the integrity of Civil court orders, especially in the Regional Court Divorce matters where the Department experiences challenges with fraudulent court orders being generated.

The Department is focused on transitioning from the current state to the desired state, i.e. the ability to dispense justice and adjudicate matters through new processes utilizing systems as a tool of trade. To this end, the involvement from the Judiciary to engage and drive the change required to utilize 4IR as a strategic enabler is crucial. This common objective shall be achieved through ensuring that the partners that are impacted by it and have an interest in it, are on board and supportive.

​1.4 Initiatives for Legislative reform

It is necessary to take into consideration the concurrent monetary jurisdiction between District and Regional Courts as well as the concurrent area of jurisdiction between the High Courts and Lower Courts, which is required to bring about further efficiencies in the courts for the long term.

​1.5 Integration with Department of Home Affairs’ System

The Department’s ICMS Civil system has been integrated with the Department of Home Affairs’ system. This integration, which has been implemented in all courts country-wide, caters for identification related information to be verified with Home Affairs, thereby improving data accuracy, quality and reducing fraudulent or misrepresented identification information.

​1.6 Audio Visual Remand (AVR) Solution expanding to a fully-fledged Court Audio Visual Solution (CAVS)

The current AVR solution implemented in forty-three (43) courts provides for the use of CCTV system in the court environment to facilitate the postponement of cases in which the accused is an Awaiting Trial Detainee, without the detainee leaving the Correction Centre. The Sexual Offences System enables a Closed-Circuit TV (CCTV) functionality for when intermediaries are utilised to assist vulnerable witnesses in sexual offence matters.

The implementation of the Converged Technology Project seeks to achieve a fully functional Court Audio Visual Solution (referred to as CAVS). This solution will enable the virtual appearance of any court participant in a civil matter. The next phase of the solution will be to provide a virtual courtroom whereby all parties to the matter will appear virtually.

2. Strengthening the ICT Infrastructure

Modernization of Business Services through the implementation of IT Business Solutions, requires a supporting, responsive and stable underlying IT infrastructure. The following are key achievements in terms of upgrading the IT Infrastructure:

​2.1 End User Devices: Scanning technology

The Department has implemented business solutions (e.g. ICMS Civil) that utilise scanning technology to enable the digitalization of court documentation into an electronic format. These scanners need to be continuously refreshed, and approximately 860 outdated case management system scanners have been replaced since 2015.

​2.2 Digital Signature Pads (hardware only)

The current process within the Department requires documents to be printed, physically signed and then scanned, resulting in increased printing and paper costs and turnaround times as well as creating dependencies on multiple devices such as printers and scanners. The objective of this project is to digitalize the court documentation and introduce a single inexpensive device known as signature pads to modernise the process of approving documents by means of a digital signature.

​2.3  Network Infrastructure

Installation of VPN (WAN) Optimisers in some of the courts to improve the performance of the already over utilised network in order to provide the necessary base infrastructure required to support the optimal operation of business solutions.

IT network infrastructure performance challenges create inefficient processing of business applications from network’s slow response experienced daily resulting in service delivery inefficiencies. The network upgrades (Core and Access Switches) are aimed at increasing bandwidth which is a crucial element for optimal performance of the DoJ&CD Business applications which includes the online portals aimed at improving service delivery and reducing frustration of users.

IT Disaster Recovery Plan supports the recovery or continuation of technology infrastructure critical to an organization after a natural or man-made disaster. Disaster recovery solution based on the service recovery needs at the time, was required to prevent the loss of data in the event of a disaster and to enable business continuity between the Departments.

3. Practical steps taken to improve the capacity of courts to deal with civil matters:

The Civil Jurisdiction for the Regional Court has been extended to various courts within the Region, thereby bringing services closer to communities by ensuring access to justice at the local Magistrates’ Courts.

The Regional Offices has appointed Registrars, who oversee Civil Court process management in the Region.

Furthermore, Assistant Registrars have been appointed in all courts where the Regional Civil Court sits, and stamps have been procured for all appointed Assistant Registrars. Clerks of the Civil Court have been trained to deal with Regional Civil Court matters.

Regarding court capacitation, the Department will try and ensure that all civil courts are capacitated with human capacity when the need arises. Dedicated Civil Clerks have already been introduced and implemented in the big courts, but in some small offices, the Clerks are not only dealing with civil matters, but other matters as well. Dedicated capacity should be implemented in all the courts.

Regarding training, this ensures that all officials who are newly and recently appointed, are trained accordingly. Where need arises, the continuous refresher trainings will be conducted.

Regarding IT Infrastructure, the Department strives to ensure that the IT equipment (computers, printers, scanners, etc) utilized is up to date and of good quality.

Regarding modernization, it is regarded as essential to introduce and implement the current system to all stakeholders to move faster, e.g. serving of court documents and receiving court orders electronically. The Regional Head of Free State, for example, recommended an investigation and option to link the Civil Divorce system with Stats SA and the Department of Home Affairs, so that when a decree of divorce is issued, a notice is sent immediately.

Issues receiving attention in Civil Courts by the Regional Offices are attached as Annexures A, B, C and D as received from the Regional Heads concerned.