Question NW2061 to the Minister of Justice and Correctional Services
13 October 2016 - NW2061
Grootboom, Mr GA to ask the Minister of Justice and Correctional Services
Whether each Head of Department (HOD) of his department signed a performance agreement since their appointment; if not, (a) what is the total number of HODs who have not signed performance agreements, (b) what is the reason in each case, (c) what action has he taken to rectify the situation and (d) what consequences will the specified HOD face for failing to sign the performance agreements; if so, (i) when was the last performance assessment of each HOD conducted and (ii) what were the results in each case; 2) whether any of the HODs who failed to sign a performance agreement received a performance bonus since their appointment; if not, what is the position in this regard; if so, (a) at what rate and (b) what criteria were used to determine the specified rate; 3) whether any of the HODs who signed a performance agreement received a performance bonus since their appointment; if so, (a) at what rate and (b) what criteria were used to determine the rate?
Reply:
1. Mr V Madonsela was appointed as Director-General [DG]/Head of Department [HoD] in the Department of Justice and Constitutional Development [DoJ&CD] in May 2016. The HoD has signed a performance agreement for the 2016/2017 performance cycle.
(a) The Department of Justice and Constitutional Development does not have an HoD who did not sign a performance agreement.
(b) Not applicable
(c) Not applicable
(d) Not applicable
(i) The current HoD was only appointed in May 2016 and no performance assessment has been required to be conducted thus far.
(ii) Not applicable.
2. The HoD of the Department of Justice and Constitutional Development has a signed performance agreement since his appointment.
(a) N/A
(b) N/A
3. The HoD of the Department of Justice and Constitutional Development was appointed in May 2016, and will only be assessed for performance during the 2016/2017 performance cycle after the end of the cycle.
(a) N/A
(b) N/A
Regarding the Performance Agreement of Ms M Sejosengwe, the Secretary-General of the Department of the Office of the Chief Justice, I wish to inform you as follows:
1) (a) The Secretary-General last signed the Performance Agreement in 2013/14 financial year with the former Minister of Justice and Constitutional Development, Mr Jeff Radebe, after consultation with the Chief Justice. From 2014/15 financial year, the Secretary-General has not signed a Performance Agreement to date.
(b) The reason is that the Secretary-General is in a unique position, as she reports to both the Chief Justice of the Republic of South Africa as Head of his Office as well as the Minister of Justice and Correctional Services, as the Executive Authority of the Department of the Office of the Chief Justice and Judicial Administration. The Minister of Justice and Correctional Services and the Chief Justice is at present, deliberating on a Framework of Engagement for purposes of conferral on joint decision-making/consultation regarding amongst other matters, the Performance Agreement of the Secretary-General. As soon as this Framework of Engagement has been agreed upon and finalized, the Secretary-General’s Performance Agreement, will be signed.
2) No, the Secretary-General has not received any performance bonus since her appointment.
3) In respect of 2013/14, no performance assessment was conducted and no bonuses were received by the Secretary-General.
(1) Yes. National Commissioner: Mr Z. Modise, A Performance agreement for financial year 2015/16 was signed.
(1)(a) Not applicable
(1)(b) Not applicable
(1)(c) Not applicable as a performance agreement was signed.
(1)(d) Not applicable as a performance agreement was signed.
(1)(d)(i) No performance assessment was conducted as at the time of responding to this question.
(1)(d)(ii) Not applicable
(2) No HOD in the Department received a performance bonus in the 2015/2016 Financial Year.
(3) No HOD received a performance bonus in the department for the past three financial years.