REPORT TO THE JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE

A. REPORT BY BUSINESS UNIT COURT SERVICES

1. COURT EFFICIENCY

1.1 General

1.2 Additional and Saturday courts

1.3 Tutors

1.4 Rescue teams and training (NDPP)

1.5 IJS Court Centre

1.6 Separation of functions

1.7 Court Managers

1.8 Visit to the United States by the Court Services Unit

1.9 Establishment of a court operations room

1.10 Quality assessment

2. OTHER ASPECTS RELATING TO COURT SERVICES

2.1 Re-demarcation of magisterial distr5ict boundaries

2.2 Rationalisation of Regional Courts.

2.3 Accommodation

2.3.1 Repair and maintenance programme (RAMP)

2.3.2 Major works building programme

2.3.3 Community Safety Centre programme

2.3.4 Other building services in Construction

2.3.5 New Services Since 1 April 2001

2.3.6 Progress on offices visited by members of the Portfolio’s Committee

2.4 Security

2.5 Children issues

· Appointment of maintenance investigators

· Appointment of maintenance officers

· The training of maintenance officers

· Initiatives to address problems at Market Street, Johannesburg

· Challenges facing the department

· Other child related issues

· Work done with regard to implementation planning

· Programmes to support the child justice system

· The project on issues on policy and research

· Legal representation for children

· One-stop child justice centres

· Alternatives to imprisonment

· Child protection week (28 May – 3 June 2001)

2.6 Transformation of language services

2.7 Lay Assessors

2.8 Casual Labourers in the Northern Province

2.9 Putting Judges salaries on Persal

2.10 Training of ex-officio Commissioners of Oath

B. REPORT FROM BUSINESS UNIT: MASTERS

1. INTRODUCTION

2. PROBLEM IDENTIFICATION AND SUGGESTED SOLUTIONS

3. WHAT HAS BEEN DONE

3.1. The extending of the application of the Administration of Estates Act throughout the country.

3.2. The accommodation and file storage problems

3.3. Insufficient and outdated equipment and furniture.

3.4. Insufficient personnel and backlogs

3.5. Insufficiently funded critical expenditure

3.6. Guardians Funds

3.5. Implications of accepting jurisdiction in Intestate Black Estates in terms of the Moseneke Case.

3.8. Masters Advisory Board

3.9. Masters Administration Unit

3.10. Training Needs

3.11 Miscellaneous Matters

4. MAJOR CAUSE OF INEFFICIENCY, BREAKDOWN OF SERVICE

DELIVERY AND FAILURE.

5. CONCLUSION.

PROGRESS REPORT BY THE BUSINESS UNIT: COURT SERVICES

1. COURT EFFIENCY

As was indicated in May 2001 one of the main focus areas of the Department for 2001 is, and will remain so, to increase the efficiency of the courts. In this regard various initiatives are being taken such as the following:

Ø IMPROVING THE GENERAL PERFORMANCE OF THE COURTS

1.1 GENERAL

It needs to be acknowledged that though we are making strides in our efforts to improve the general performance of our courts, much still needs to be done. The general “professional work” (i.e. prosecuting and judicial) is of a reasonably high standard, but the administrative, and in particular financial aspects, still remains a huge problem area. Specific attention has thus been focused on these areas and the CFO - who is driving these projects - will deal with that in particular. Mention can merely be made of the fact that the initiatives in this regard are planned and carried out with the assistance of and in consultation with the Business Unit Court Services. (These projects include activities such as putting all Regional Office Finance Directors and their staff under the CFO for proper coordination; dealing with the backlog of financial transactions through specific initiatives; the awarding of a forensic audit tender; focusing on addressing problems with the deposit account; intensive training activities, including performance budgeting; and the awarding of the very important tender regarding Right-sizing and zero based budgeting).

Substantial amounts have also been made available this year (additionally through budget reprioritizing of our departmental budget) for upgrading of court infrastructure country-wide and increased security. These aspects will be dealt with in more detail hereunder.

1.2 ADDITIONAL AND SATURDAY COURTS

Although the average court hours country-wide seem to have improved slightly (statistics still awaited from NDDP) the backlog of cases still remain high. Due to the nature of the court system there will always be a “backlog” of cases that we prefer to call “an outstanding roll” as the term “backlog” is somewhat of a misnomer. The national outstanding roll from the latest available statistics (Sept 2001) is as follows: District Courts 119 475; Regional Courts 45 473; and High Courts 926. To help deal with this, various temporary (till the end of this financial year at least) full time additional courts have been established on regional court level at centers country-wide to help deal with this. Some of these courts deal with sexual offences and some with complex commercial crimes. However, in addition to these courts, the Department, in co-operation with the NPA and other inter-sectoral role players, initiated earlier this year, an inititiave that has since proved to be very successful, namely Saturday courts. As we pointed out earlier this year, over the past two years court personnel have improved their performance and in particular increased the number of hours spent in court. However, without the appointment of permanent additional essential court staff and an increase of productivity, we will not be able to significantly decrease the high court rolls. We still cannot address this in view of current serious budgetary constraints regarding personnel funds. Furthermore, serious and often complicated cases are heard in the Regional courts (eg involving syndicates and complicated fraud matters) and require lengthy preparation. Unfortunately, we also have had to cope with a shortage of experienced court officials.

Saturday courts have till 12 September finalised a total number of 3433 cases since February 2001. Additional Regional Courts have finalised 4612 cases with a verdict. The total number of cases finalised on the two projects till 12 September 2001 stands on 8045 (- there are 96 Saturday courts currently participating in the project and 55 additional courts). This has made an impact on the backlog of cases and also the numbers of persons awaiting trial and those sentenced. The statistics from the Department shows an increase in sentenced prisoners and a decrease in the number of awaiting trial prisoners, a very positive performance indicator. The criteria for courts to take part in the two projects remains a court roll of more than 150 outstanding cases. The Saturday Regional Courts average at present is 5 hours 15 minutes. Because the results of the two projects are meeting and exceeding the expectations of all roll-payers, there has been a request of the office of the NDPP to continue these courts till the end of the financial year, but with a break during December. Consultations in this regard are taking place and a Cabinet Memorandum will be submitted in this regard soon.

Simultaneously with the above initiative, the NPA has also committed itself to improve the normal day-to-day court efficiency and in particular the court hours. Courts are still not sitting enough hours per day. The work-to-rule approach at times when pressure is sought to strengthen claims for more pay etc by role players such as prosecutors and magistrates has not assisted either. These are however matters that are receiving continuous attention.

1.3 TUTORS

Donor funding were obtained to pay for the appointment of tutors on contract. These tutors are all experienced legal practitioners. They are sent to problem areas identified by the Court management Unit of the NDPP to provide training for prosecutors at these offices. The purpose is to better equip the prosecutors in finalizing cases.

1.4 RESCUE TEAMS AND TRAINING (NDPP)

The NDPP has appointed a “Rescue Team” on contract. The “Rescue Team” consists of experienced former prosecutors. The rescue team is sent to problem courts to assist in working down the backlogs, provide training and guidance to prosecutors. One of the biggest problems identified since the NDPP has come into operations is the lack of experience of prosecutors. The NDPP is closely cooperating with Justice College in training aspirant prosecutors. The National Director has determined that no new prosecutors will be appointed permanently without undergoing and successfully completing the aspirant prosecutor training course. The aspirant prosecutors are first appointed on a contract basis. They are only appointed as prosecutors after completing the course. This has been in effect from 2000. The course involves one week theoretical training at Justice College in Pretoria and five weeks practical at one of various magistrates court designated as training centres. At the training centres they are assisted by tutors.

1.5 IJS COURT CENTRE PROJECT

IJS initiatives, including E-justice and in particular the Court Process Project and general automation in the Department have been progressing well and will improve efficiency and in the process also assist with workflow management and case management. A significant number of offices have already been automated. The computerization of the courts and the introduction of new systems for court processes and case management will ensure more efficient progression of cases and the diversion of cases which can be dealt with through alternative dispute resolution mechanisms. Mr Ebrahim will focus on these initiatives in more detail.

Whereas the flagship court management project of the Integrated Justice System (IJS) is the Court Process Project, this project has a medium to long-term implementation time frame. As an interim solution, a semi-automated court and case management system is being implemented at a number of courts where case backlogs are unacceptably high. This initiative, termed the IJS Court Centre Project, aims to provide a single nodal point within the court from where the entire court process is managed. The overall objective is to reduce the average case cycle time.

(What happens is that an experienced public prosecutor, together with a SAPS official, receive all dockets at least two days prior to the date of the hearing, and ensure that dockets are ready for trial. A simple, computer-based data capturing and data management programme is used to store and manage the case information contained in each docket and in the charge sheet. The system also manages the court rolls, and tracks and controls the awaiting trial period of each detained accused. The project includes the establishment of a Reception Court, where all first appearances, remands, bail applications and guilty pleas are heard. This ensures that only trial-ready cases are dealt with in other courts. The initiative can be traced to the launch of the Awaiting Trial Prisoner Project (ATP Project) in the Port Elizabeth-Uitenhage Metropole in May 1999. The ATP Project evolved into the IJS Court Centre concept, which was established at the New Law Courts in Port Elizabeth in June 2000. However, the computer programme, which supports the IJS Court Centre initiative, was developed by a magistrate at Middelburg magistrates’ court, where it has been in operation since December 2000.)

The IJS Court Centre Project has this year been rolled out to 13 sites (and more is currently receiving attention). The aim is to introduce it at 40 sites throughout the country by August 2002. The focus will be on those courts that are experiencing greater than average case backlogs, and the National Prosecuting Authority are involved in the identification of the roll-out sites.

The experience in Middelburg has shown that over the period December 2000 to April 2001, the following successes were achieved:

· The average court hours per day increased from 3 hours 45 minutes to 5 hours.

· The number of cases finalised increased from 101 in December to 216 in April.

· The number of cases withdrawn due to dockets not being at court decreased from 20 to nil.

The IJS Court Centre Project is a outstanding example of the partnership approach to the implementation of an initiative in the criminal justice system: While all relevant role-players are present at the project site (officials of the SAPS, the Departments of Justice and Constitutional Development, Correctional Services and Social Development, and the National Prosecuting Authority), the implementation and rollout of the initiative is also being managed on a multi-sectoral basis: (1) the IJS Project Office (supported by Business Against Crime) is assisting with the national and provincial co-ordination of the project, and is conducting presentations to provincial management structures and to stakeholders at each site; (2) the Department of Justice and Constitutional Development is providing the computer hardware (computers and printers) and has made a team of data capturers available, who capture base line court data and all information relating to outstanding cases on the court roll at each site; and (3) the National Prosecuting Authority is installing the computer hardware and software at each project site. Following data capture, training is given to the Court Centre officials, and the project is handed over.

The Minister for Justice and Constitutional Development officially opened the IJS Court Centre at the New Law Courts, Port Elizabeth, on 17 August 2001. This occasion was also used to launch the countrywide rollout of the IJS Court Centre concept.

The rollout programme is as follows:

SEPTEMBER 2001			MARCH 2002
Empangeni	4 – 5 September		Vanderbijlpark	1 March
Richards Bay	6 – 7 September		Kroonstad	11 – 13 March
New Brighton	17 – 21 September		Bethlehem	14 – 15 March
Germiston	24 – 27 September		Simons town	25 – 27 March
OCTOBER 2001			APRIL 2002
Kimberley	1 – 5 October		Upington	2 – 5 April
Klerksdorp	29 – 31 October		Umtata	15 – 19 April
NOVEMBER 2001			Verulam	29 – 30 April
Klerksdorp	1 November		MAY 2002
Thohoyandou	12 – 16 November		Verulam	1 – 3 May
Benoni	19 – 23 November		Pietersburg	13 – 15 May
Welkom	26 – 29 November		Zwelitsha	21 – 24 May
DECEMBER 2001			JUNE 2002
Thaba Nchu	3 – 4 December		Mitchells Plain	3 – 7 June
Botshabelo	5 – 7 December		Cape Town	17 – 21 June
Molopo	12 – 14 December		JULY 2002
JANUARY 2002			Butterworth	1 – 4 July
Nelspruit	14 – 16 January		Potchefstroom	15 – 16 July
Kabukweni	17 – 18 January		Rustenburg	18 – 19 July
Pinetown	28 – 31 January		AUGUST 2002
FEBRUARY 2002			Umtata	2 – 5 April
Pinetown		1 February	Thohoyando	15 – 19 April
Vereeniging		6 – 8 February
East London		18 – 22 February
Vanderbijlpark		27 – 28 February

1.6 SEPARATION OF FUNCTIONS

Separation of functions - by which is meant that the administrative burden of certain purely administrative tasks, such as control over infrastructure or finances, is lifted from magistrates and prosecutors - is basically practically in place country-wide at most offices with very few exceptions in practice. This will have the spin-off that the judicial and prosecuting staff can focus more on dealing with actual court work. A team composing of representatives of the Department the Judiciary and Inspectorate Services visited all 9 provinces and had in depth discussions on how to deal with separation between Judiciary and Administration with all relevant role-players. There was unanimous agreement that the time for separation in practice has arrived. In all offices a test period was followed to see whether the separation could be effected and only in the very small, one clerk offices, was it found not possible. These offices are very few and measures are being considered to deal with them in a cluster approach (for example, the neighbouring office could assist until an administrative officer post could be created and filled at those offices). A memorandum is being prepared for the Minister to withdraw section 14 delegations in this regard and to inform him of a process followed and a few aspects that still needs attention. It should be mentioned however that the only stumbling block for full separation to be effected in each and every office is the lack of personnel funding to fill vacant post that have been created for the office managers at these very small offices. This is however receiving attention. A monitoring system has been putting in place to monitor the situation country wide to ensure that where separation is effected service delivery will not be placed in jeopardy.

1.7 COURT MANAGERS

The court support service is the responsibility of the executive. This support is given to the judiciary and prosecuting authority for them to be enabled to discharge justice. The vision for the future is to place the management and administration of courts in the hands of competent, fully-trained office managers, in order to free-up the judiciary to adjudicate cases and to execute their roles as heads of the courts. In general it should be noted that the concept of court or office manager is relatively new to the South African administration of justice. In the past magistrates were appointed as heads of magistrates offices and they performed the function of court/office manager. At the high courts there were registrars who dealt with the administrative functions at the high courts. The basis for reviewing this practice is that it is inappropriate to use judicial officers in areas they are less qualified for and which also impacts negatively on their independence. The position of registrars also needs upgrading. As a result there is a move towards the establishment of a new occupational group, namely court/office manager, which will then lead to the creation of professional managers and improved service delivery. The Office Manager’s project is presently a joint venture between the Department of Justice and Constitutional Development and Business Against Crime (BAC), which aims at facilitating the transfer of administration functions from the judiciary to the administration sections. The functional separation pilot project is an integral part of the implementation of the strategy to transform the justice system. Such Managers have been appointed or are in the process to be appointed at the following centra: the Magistrate Offices of Johannesburg, Durban and Port Elizabeth, at present, but the idea is roll-out to other major centra, such as Pietermaritzburg, Randburg and the High Court Cape Town shortly.

1.8 VISIT TO THE UNITED STATES BY THE COURT SERVICES UNIT

The acting Managing Director and other members of the Business Unit visited the USA to look at court managers and case flow management. Flowing from it will be interaction and partnerships with the US Court Management Institute and with the National Centre for State Courts in the USA to develop and present training programmes for court management staff in South Africa. This will assist the unit in developing an integrated case management system for South Africa Courts. It is envisaged that experts will be dealing with such training in South Africa through donor funding. Training is to begin in January and February 2002 in this regard. However, currently the Inspectorate and Justice College are also focussing attention on training regarding court management and other areas.

1.9 THE ESTABLISHMENT OF A COURT OPERATIONS ROOM

The lack of information to form a sound planning base for courts has for some time been recognized as a shortcoming in the effective management of courts. Accurate and adequate information in respect of the physical, human and financial resources available to courts is essential for proper planning and monitoring of court performance. Fully-fledged databases containing all types of information on courts need to be established and maintained for easy access by court managers at a national, regional and local level. The Business Unit: Court Services is of the view that the most appropriate way in which to address this gap is to establish and maintain a Court Operations Room, which will not only present a visual picture of the service delivery situation in respect of courts, but will work toward the establishment of the necessary databases.

The Court Ops Room was established in July 2001. Maps of the nine provinces, and graphics depicting the geographical and socio-economic characteristics of each province, are on display. Architectural drawings of major buildings works are available and graphics on the distribution of courts, and the breakdown of the cluster system in each province are shown. The Business Unit is presently negotiating with the NPA and other role players for the regular monthly transfer of the court information that is collected by them. This information will form the basis of the development of a performance monitoring system for courts.

Furthermore, negotiations are underway with stakeholders such as the Human Sciences Research Council and the CSIR to assist the Department in developing a comprehensive court information management system. Southern Gauteng is being used as a pilot for this initiative, which will involve examining and assessing the court information that is already recorded at court level to determine what other information needs to be collected to form a comprehensive information management system for courts. Existing and newly collected information will be used to answer such “business” questions as what is the average court time needed to finalise a case? What is the average personnel cost per finalised case? What is the average number of postponements per finalised case? The Court Ops Room is also a valuable resource in that the information needed to assess the service delivery and performance levels of the courts under review is provided.

1.10 QUALITY ASSESSMENT/COURT PERFORMANCE REVIEW

The Business Unit: Court Services has furthermore launched an initiative that aims to assist magistrate’s offices to improve service delivery and work performance at the court level. A number of factors led to this initiative, such as the Department’s need to respond to the Quality Assessment reports that are produced by the National Inspectorate as part of the inspection process at magistrate’s offices audit queries and Petitions/representations from members of the public on the functioning of courts. A number of sub-offices throughout the country have now being prioritised to receive immediate assistance in addressing some of the problem areas that were identified in the Quality Assessment reports. This initiative is carried out in consultation and collaboration with all role-players, such as the Department’s Regional Offices, the Lower Courts Judicial Utilization Committee of the Magistrates Commission, the National Prosecuting Authority, and the head of the office concerned. The process followed is that teams are put together to visit the identified offices, in order to provide “hands on” training and assistance in line with the problems being experienced in the particular office. The teams include tutors from Justice College who are able to provide judicial, prosecutorial and quasi-judicial training, and one or two persons who are experienced in financial and administrative work to provide training and assistance in those areas of work. The initiative also includes addressing and fast tracking, where possible, the accommodation and equipment needs of the identified offices. Furthermore, the establishment is examined to determine whether recommended posts have been created, whether vacancies have been filled, and whether supernumeries have been dealt with.

The first office to receive attention was Umtata Magistrate’s Office where a team visited that office during the week of 10 to 14 September 2001. A programme of action guided their work, so that their time was well spent. The programme was compiled to address the problems that have been identified at Umtata in a practical, “hands on” manner. The DG and other senior officials are also visiting these offices and has placed some of the offices such as Umtata and Phuthaditjaba on notice that either they improve or action will follow. Improvement to the progress on misconduct matters has also been given special attention. However it should be stressed that these are not merely fact-finding missions, but interventionist, problem-solving, coaching and training visits. The list of the first 20 Magistrate’s Offices that have been prioritised for intervention are as follows:

1 Umtata (Eastern Cape)

2 Randburg (Gauteng)

3 Phuthaditjaba (Free State)

4 Emlazi (KwaZulu-Natal)

5 KwaMhlanga (Mpumalanga)

6 Ganyesa (North West)

7 Hlanganani (Northern Province)

8 Upington (Northern Cape)

9 Somerset West (Western Cape)

10 Mdantsane (Eastern Cape)

11 Germiston (Gauteng)

12 Chatsworth (KwaZulu-Natal)

13 Botshabelo (Free State)

14 Lehurutshe (North West)

15 Seshego (Northern Province)

16 Queenstown (Eastern Cape)

17 Ezibeleni (Eastern Cape)

18 Nsikazi (Mpumalanga)

19 Butterworth (Eastern Cape)

20 Lusikisiki (Eastern Cape)

The result of all the above initiatives have thus been that -

i The average number of outstanding cases per court have been reduced;

i despite a substantial monthly increase in the number of cases, increased productivity still led to an average decrease of cases in the district courts and in the Regional courts;

i court time has started to improve;

i cases finalized with a verdict have increased;

i outstanding dockets/inquests have decreased substantially- this despite an increase in inquests per month.

2. OTHER ASPECTS RELATING TO COURT SERVICES

2.1 RE-DEMARCATION OF MAGISTERIAL DISTRICT BOUNDARIES

As part of the transformation process in government, the Department began examining its functional or service delivery boundaries in 1994. This process was placed on hold while the Municipal Demarcation Board completed its task of re-drawing municipal boundaries. With the gazetting of the new municipal areas, the Department was able to re-institute the process of the re-demarcation of magisterial boundaries. This process involved the constitution of representative Regional Steering Committees, whose task it was to consult with all stakeholders and examine the boundaries of every magisterial district in each province, with a view to, wherever possible, aligning the boundaries to those of the new municipal areas. The principles according to which this process is being undertaken are the following:

· Access to courts;

· The numbers of people being serviced in an area (i.e. population density);

· The prevalence of crime and civil litigation in the area;

· Existing infrastructure (courts) in an area; and

· The need to provide cost-effective services.

The Regional Steering Committees have completed their review and consultation process, and reports containing the recommendations in respect of the boundaries of all magisterial districts in the various provinces have been submitted to the National Steering Committee. The actual boundaries of all recommended magisterial districts are being described with the aid of the latest electronic mapping systems currently in use by the Office of the Surveyor-General. The National Steering Committee are now finalising discussions and recommendations in this regard and will then proceed with the necessary steps to ensure the declaration of the new magisterial districts, with the approval of the Minister for Justice and Constitutional Development. The processes relating to seven provinces (excluding the Free State and Northern Cape) are basically concluded with only some minor aspects to be followed up. It is envisaged that the whole process should be completed by the end of the year.

2.2 RATIONALISATION OF REGIONAL COURTS.

There are 8 Regional Courts divisions in South Africa base in Pretoria, Johannesburg, Port Elizabeth, Mmabatho, Bloemfontein, Cape Town, Durban and Kimberley. Regional Court Divisions in some Provinces serve areas outside their Provincial boundaries. As an example, Regional Court magistrates travel from Pretoria to hear cases in Messina in the Northern Province and other areas in the Mpumalanga Province. In that case the Gauteng Regional office carry the burden of funding such trips from its own budget. The Magistrates Commission has already approved the idea of having Provincially based Regional Court Divisions. Consultations with Stakeholders are underway to obtain their views on the proposed provincially bound Regional Court Divisions. The department stands to benefit from this initiative as cost for subsistence and Travelling expenses will be curtailed. Rationalisation of Regional Court will be finalised this year.

2.3 ACCOMMODATION

The judicial system must be accessible to all and this can partly be achieved through the provision of adequate infrastructure, of which the construction of functional court buildings is most essential. Despite insufficient funding, the largest number of major and minor building services of this nature ever is in construction.

We are at present investing R30 m in the upgrading of infrastructure country-wide and another R20 m has just been allocated to target the upgrading of infrastructure services for vulnerable groups such as children. With effect from the current financial year, the budget for capital works is no longer administered by the Department of Public Works, but by the Department itself. This implies, inter alia, that prioritisation of expenditure is done by the Department only. The capital budget for the current financial year is R193 million.

SERVICES PENDING AT 1 APRIL 2001

2.3.1 Repair and Maintenance Programme (RAMP)

A Repair and Maintenance Programme (RAMP) has been embarked upon in collaboration with the Department of Public Works. Due to the unavailability of sufficient funds and neglect over many years, the buildings in which the Department's offices are accommodated, especially the magistrates' offices, have not been maintained properly, with the result that the majority of them have degraded to conditions of disrepair and even dilapidation. The purpose of this programme is to systematically attend to identified buildings, effecting all repairs which would once again bring such a building to the point of full functionality, and thereafter to properly maintain it. The following buildings have been identified — progress since 1 April 2001 is indicated, whilst status quo reports and financial estimates in respect of the rest still have to be compiled by the teams of consultants:

1. Durban High Court building.	Presently on tender
2. Klerksdorp Magistrate's Office building.	Presently on tender
3. Potchefstroom Magistrate's Office building.	Presently on tender
4. Ongoye Magistrate's Office building.	Presently on tender
5. Mahlabatini Magistrate's Office building.	Presently on tender
6. Pretoria Justice College building.	Presently on tender
7. Msinga Magistrate's Office building.	Presently on tender
8. Tseseng Magistrate's Office building.	Status quo report completed and in planning for tenders
9. Cala Magistrate's Office building.	Status quo report completed and in planning for tenders
10. Zwelitsha Magistrate's Office building.	Status quo report completed and in planning for tenders
11. Elliot Magistrate's Office building.	Status quo report completed and in planning for tenders
12. Nzikazi Magistrate's Office building.	Status quo report completed and in planning for tenders
13. Mbibana Magistrate's Office building.	Status quo report completed and in planning for tenders
14. KwaMhlanga Magistrate's Office building.	Status quo report completed and in planning for tenders
15. Inkanyezi Magistrate's Office building.	Status quo report completed and in planning for tenders
16. Nongoma Magistrate's Office building.	Status quo report completed and in planning for tenders
17. Mapumulo Magistrate's Office building.	Status quo report completed and in planning for tenders
18. Emnambithi Magistrate's Office building.	Status quo report completed and in planning for tenders
19. Ubombo Magistrate's Office building.	Status quo report completed and in planning for tenders
20. Dukuza Magistrate's Office building.	Status quo report completed and in planning for tenders
21. KwaMsane Magistrate's Office building.	Status quo report completed and in planning for tenders
22. Impendle Magistrate's Office building.	Status quo report completed and in planning for tenders
23. Mkobola Magistrate's Office building.	Status quo report completed and in planning for tenders
24. Orlando Magistrate's Office building. (District Johannesburg).
25. Ezibeleni Magistrate's Office building.
26. Fort Beaufort Magistrate's Office building.
27. Idutywa Magistrate's Office building.
28. Whittlesea Magistrate's Office building.
29. Lehurutse Magistrate's Office building.
30. Thabamoopo Magistrate's Office building.
31. Tsineng Magistrate's Office building.
32. Ditsobotla Magistrate's Office building.
33. Mothibistadt Magistrate's Office building.
34. Praktiseer Magistrate's Office building.
35. Malamulele Magistrate's Office building.
36. Giyani Magistrate's Office building.
37. Naphuno Magistrate's Office building.
38. Sekhukune Magistrate's Office building.
39. Motetema Magistrate's Office building.
40. Saselemane Magistrate's Office building.
41. Molebogo Magistrate's Office building.
42. Umzimkulu Magistrate's Office building.
43. Hankey Magistrate's Office building.
44. Madikwe Magistrate's Office building.
45. Eerstehoek Magistrate's Office building.
46. Moutse Magistrate's Office building.
47. Kwa Thema magistrate's Office building.
48. Kakamas Magistrate's Office building.
49. Soekmekaar Magistrate's Office building.

2.3.2 Major Works Building Programme

(i) Buildings in construction:

Kroonstad	Magistrate's Office	Additional accommodation
Khayelitsha	District Mitchell's Plain	New magistrate's office building
Blue Downs	District Kuils River	New magistrate's office building
Sasolburg	Magistrate's Office	Additional accommodation: 2 court rooms, offices and cells
De Aar	Magistrate's Office	Additional accommodation: 2 court rooms, offices and cells
Atteridgeville	Branch Court of Pretoria	New building
Bloemfontein	Magistrate's Office	Additional accommodation
Melmoth	Magistrate's Office	Additional accommodation
Pretoria	Palace of Justice	Refurbishment and renovation for High Court and Family Advocate
Peddie	Magistrate's Office	Repair of fire damage to building plus additional accommodation

(ii) Progress is ongoing.

· Planning of the following new services has been completed or has reached an advanced stage of completion:

OFFICE	NATURE OF SERVICE	PROGRESS
Middeldrift Magistrate's Office	New building (existing destroyed by fire)	Tender adjudication underway — contractor expected on site by end November 2001.
Bothithong Periodical Court (Magistrate, Kudumane)	New building	Tender adjudication underway — contractor expected on site by end November 2001.
Atamelang Magistrate's Office	Repair of fire damage to existing building plus additional ccommodation	Presently on tender.
Port Elizabeth Magistrate's Office	Additional accommodation	Presently on tender.
Benoni Magistrate's Office	Refurbishment of existing building and additional accommodation	Presently on tender.
Tembisa Magistrate's Office	New building	In planning.
Randburg Magistrate's Office	New building
Scottburgh Magistrate's Office	Additional accommodation and complete repair and renovation of existing building	Presently on tender.
Malmesbury Magistrate's Office	Additional accommodation	Virtually completed.
Citrusdal Periodical Court (Magistrate, Clanwilliam)	New periodical court building	Project completed.
Stanger Magistrate's Office	Contractor on site	Presently on tender.
Johannesburg Constitutional Court	New Constitutional Court building	Contract to the value of R87,5 million awarded. Sod turning ceremony took place on 18 October 2001.
Zonkezizwe (District of Heidelberg, Gauteng)	New building	Site release expected shortly.
Madadeni Magistrate's Office	New building	In planning.
Sebokeng Branch Court of Vanderbijlpark	Refurbishment and renovation of building — four court rooms and offices	Presently on tender.
Pretoria North Magistrate's Office	Additional accommodation	Presently on tender.
Umzimkulu Magistrate's Office	Renovations and additional accommodation.	In planning.

(iii) Building projects which have been prioritised for planning:

OFFICE	NATURE OF SERVICE	PROGRESS
Tsakane (District Brakpan) Branch Court	New building	Site report expected in November 2001.
Kagiso (District Krugersdorp) Branch Court	New building	Site acquisition in process.
Kathlehong (District Alberton) Branch Court	New building	Accommodation requirements compiled.
Ekangala Magistrate's Office	New building	Accommodation needs certified on 25 October 2001.
Ntuzuma Branch Court of Verulam	New building	Site acquisition in process.
Johannesburg High Court	Air-conditioning	Presently on tender.
Ingwavuma Magistrate's Office	Additional accommodation	Accommodation requirements compiled.
Kuils River Magistrate's Office	Additional accommodation	Negotiations with SAPS.
Muizenberg (District of Simons Town) Periodical Court	Additional accommodation	In planning — tender date March 2002.
Tsineng Periodical Court (Magistrate, Kudumane)	Repair of vandalised building	In planning.

2.3.3 Community Safety Centre Programme

The National Community Safety Centre Programme involves the four core departments within the criminal justice system, viz. South Africa Police Service, Department of Justice, Department of Correctional Services and the Department of Welfare, as well as the Department of Health. It aims to bring services rendered by these departments to communities where these services either do not exist, or do exist but are not easily accessible, especially in rural areas, in an integrated way.

The following significant progress has been made:

Centre	Progress
Leboeng (Praktiseer, Northern Province)	Completed ahead of schedule. First delivery (i.e. occupation) taken on 19 September 2001
Tshidilamolomo (Molopo, North West)	In construction — expected completion June 2002
Galeshewe (Kimberley, Northern Cape)	Tender should be awarded by December 2001
Thembalethu (George, Western Cape)	Project completed — officially opened on 18 October 2000.
Centane (Eastern Cape)	In construction — expected completion May 2002
Nsimbini (Umbumbulu, KwaZulu/Natal)	First delivery (i.e. occupation) taken on 27 July 2001. Centre officially opened by Ministers on 19 October 2001. Final delivery taken on 26 October 2001.
Thabong (Welkom, Free State)	Site clearance delayed
Khutsong (Oberholzer/ Carletonville, Gauteng)	Expected completion early November 2001. Scheduled to be officially opened by Ministers on 30 November 2001
Augrabies (Kakamas, Northern Cape)	Site clearance delayed

2.3.4 Other building services in construction are the following:

OFFICE	NATURE OF SERVICE	PROGRESS
Matatiele Magistrate's Office	Physical security measures	In construction
Lamberts Bay Periodical Court	Construction of cell	Presently on tender
White River Magistrate's Office	Physical security measures	Presently on tender
Nigel Magistrate's Office	Physical security measures	On tender
Nsikazi Magistrate's Office	Physical security measures	On tender
Namakgale Magistrate's Office	Physical security measures	On tender
Izingolweni Magistrate's Office	Physical security measures	Virtually completed
Fort Beaufort Magistrate's Office	Restoration and construction of two cells	On tender
Port Nolloth Magistrate's Office	Installation of burglar bars	In construction
Taung Magistrate's Office	Physical security measures	On tender
Johannesburg Magistrate's Office	Physical security measures	In construction
Durban Magistrate's Office	Replacement of air-conditioning system	In construction

2.3.5 New services since 1 april 2001

OFFICE	NATURE OF SERVICE	STATUS
1. Labour Court, Johannesburg	Additional filing space	Accommodation requirements certified
2. Alberton, Magistrate's Office	Additional accommodation	Accommodation requirements certified
3. Pietermaritzburg, Master of the High Court	Additional accommodation	Accommodation requirements certified
4. Ramsgate, Branch Court	Accommodation for Southern Circuit of the High Court	In planning
5. Umtata High Court	Additional accommodation	In planning
6. Cape Town State Law Advisers	Additional accommodation	In planning
7. Durban, High Court	Additional accommodation	In planning
8. Louwsburg, Magistrate's Office	Security measures, additional accommodation and repair and renovation	Contractor on site
9. Grahamstown, High Court	Replacement of air-conditioning	Service promoted
10. Ngome, Periodical Court	New building	Site clearance underway
11. Uitenhage, Magistrate's Office	Replacement of air-conditioning	Service promoted
12. Phalala, Magistrate's Office	Security measures	Contractor on site
13. Deben, Periodical Court	Additional accommodation	Accommodation needs certified
14. Whittlesea, Magistrate's Office	Additional accommodation	Accommodation needs certified
15. Maclear, Magistrate's Office	Additional accommodation	Accommodation needs certified
16. Modder River Periodical Court	Additional accommodation	Accommodation needs certified
17. Pietermaritzburg, Magistrate's Office	Additional accommodation	Accommodation needs certified
18. Tseseng, Magistrate's Office	Security measures	Contractor on site
19. Theunissen, Magistrate's Office	Security measures	Contractor on site
20. Senekal, Magistrate's Office	Security measures	Contractor on site
21. Barkly East, Magistrate's Office	Additional accommodation	Accommodation needs certified
22. Vanderbijlpark, Magistrate's Office	Repair and renovation	On tender
23. Alice, Magistrate's Office	Additional accommodation	On tender
24. Ladismith, Magistrate's Office	Additional accommodation	On tender
25. Jansenville, Magistrate's Office	Security measures + repair and renovation	On tender
26. Graaff-Reinet, Magistrate's Office	Security measures + repair and renovation	On tender
27. Stutterheim, Magistrate's Office	Security measures + repair and renovation	On tender
28. Worcester, Magistrate's Office	Additional accommodation	Completed
29. Griquatown, Magistrate's Office	Additional accommodation	Contractor on site
30. Pretoria, Magistrate's Office	Pre-trial services	Contractor on site
31. Grahamstown, High Court	Security measures	On tender
32. Steytlerville, Magistrate's Office	Security measures + repair and renovation	On tender
33. Ermelo, Magistrate's Office	Security measures	Contractor on site
34. Bethal, Magistrate's Office	Security measures	Contractor on site
35. Adelaide, Magistrate's Office	Security measures	On tender
36. Lindley, Magistrate's Office	Additional accommodation	In construction
37. Ventersburg, Magistrate's Office	Additional accommodation and security measures	In construction
38. Burgersdorp, Magistrate's Office	Repair and renovation	Contractor on site
39. East London, Magistrate's Office	Security measures + repair and renovation	Contractor on site
40. Vryheid, Magistrate's Office	Security measures + repair and renovation	Contractor on site
41. Patensie, Periodical Court	New building	Contractor on site.
42. Port St Johns, Magistrate's Office	Security measures	Financial tender date is 9 November 2001.
43. Cathcart, Magistrate's Office	Security measures	Pre-site handing over stage.
44. Seymour, Magistrate's Office	Security measures	Contractor is Simunye of Queenstown — has been advised to provide a guarantee after which the site will be handed over for construction.
45. Uitenhage, Magistrate's Office	Security measures and additional accommodation	Drawings approved
46. Thohoyandou, High Court	Replacement of roof and complete repair and renovation	In construction
47. Nelspruit, Magistrate's Office	Additional accommodation	On tender
48. Giyani, Magistrate's Office	Repair and renovation	In construction
49. Moretele, Magistrate's Office	Repair and renovation	In construction
50. Odi, Magistrate's Office	Repair and renovation	In construction

2.3.6 PROGRESS WITH REGARD TO OFFICES VISITED BY MEMBERS OF THE PORTFOLIO-COMMITTEE

TEMBISA

The planning of the new magistrate’s office building will be completed in January 2002 and the expected tender date is 18 January 2002. The estimated cost is R41 million. The building will comprise 13 court rooms, adequate offices, a cell block and cash hall and a link by means of a tunnel for prisonsers to the adjacent police station.

MALAMULELE

The building is old and delipadated. An engineer has been appointed to complete a report in order to assist us to take a decision whether to repair and renovate the building or to construct a new building. The said reprot will be available by the end of November 2001. We have budgeted for renovation / construction in the new financial year.

ZONKEZIZWE

A needs assessment for a building has been completed and certified by the Director-General. The identified site for the building was unsuitable because of dolomite. We are busy with obtaining an alternative site.

MADADEN

The magistrate and stafff are accommodated in an old school. A needs assessment for a new building has been compiled and certified. The new building will not be realised within 2/3 years and we have decided to repair and maintain the old building. It wll not be wasteful expenditure becasue the school will be re-located to the Department of Education.

DAVEYTON

The building belongs to the local council (TLC). They indicated that they do not have funds to renovate and to construct additional accommodation. We made them an offer to purchase the building and to construct an additional court, cells and offices on the existing site. The matter is under consideration by the TLC. The company Impala Platinum offered to renovate the building and a meeting with them was scheduled for 14 November 2001.

The broken chairs and other broken furniture have been replaced.

RANDFONTEIN

A tender for an estimated amount of R1,1m dated 30 April 2002 has been placed for repair, renovation, lighting, upgrading of cash hall and security. A tender for an estimated R3,3m dated 1 January 2002 has been placed for new court services ablution block.

WESTERN AREA

A tender at an estimated amount of R172 000 has been placed for fencing, buglar guards and security of casual. Tender date is 1 January 2002.

PROTEA

A tender of an estamated amount of R1,1m has been placed for additional accomodation (Magistrate offices and additional cells).

FAMILY COURT AT 15 MARKET STREET

The repair of lifts will be completed in November 2001. Secure cash hall (including CCTV) and cubicles for domestic violance cases will also be provided at the cost of R1,8m

2.4 SECURITY

We are at present investing R30 m in the upgrading of security services country-wide and another R20 m has just been allocated to assist in this regard. The following progress relating to security can be noted:

· PROGRESS REPORT: GUARDING SERVICES CONTRACT RT 1288MD.

Tenders have been worked through.

Historically Disadvantaged Individuals (HDI) points have been worked out.

Tender prices have been compared to the collective agreements.

Comparative documents have been compiled.

Documents have been revised and will be completed by Tuesday 6 November 2001.

Tender committee to convene on Thursday 8 and Friday 9 November 2001-11-01.

· PROGRESS REPORT: SECURITY AT OTHER COURTS

Most of our courts countrywide have been provided with the following security measures:

ü 24 hours guarding services

ü metal detectors

ü x-ray machines

ü walk through metal detectors

ü burglar bars

ü armed response alarm systems

ü security lights on the premises

ü vehicle gates with locks

ü search rooms

ü fencing

The planning of physical security measures at various court buildings has reached an advanced stage. Some of the buildings are currently at stage 4, i.e. the design stage.

As far as the upgrading of physical security measures for the High Court, Cape Town is concerned, the site has been handed out for the supply of all necessary security equipments. A tender process will be followed and the equipments will be supplied before or at the beginning of the new financial year, depending on the period, which will be taken to finalise the tender process.

One can safely say that although there are security problems in our courts country wide, I must mention that most of our offices if not all have been installed with minimum security measures.

Problems relating to the protection of the judiciary and prosecution at the Western Cape are being addressed by this department together with SAPS. The Department has been paying for the provision of rental vehicle to SAPS for the protection of judges, magistrates and prosecutors. This was done at an average cost of R150 000 per month since September 2000 to November 2001. Furthermore, a Security Committee under the chairmanship of the Cape Judge President Judge John Hlophe, was established to co-ordinate and facilitate responses to these threats. The Director-General for Justice approved that he will take responsibility for physical security at the residences of the judiciary and prosecutors who are dealing with high profile (urban terror) cases in the Western Cape.

2.5 CHILDREN ISSUES AND MAINTENANCE IN PARTICULAR

· Maintenance

The Maintenance Act, 1998 (Act No. 99 of 1998), has been implemented except for the provisions relating to the appointment of maintenance investigators, because the policy for the appointment of maintenance investigators had not been finalised; the Department did not have any funds for this purpose; as well as the consultations relating to the National Action Plan for the Re-engineering of the Maintenance System.

· Appointment of maintenance investigators

Recommended Multi-Disciplinary Approach To Policy For The Appointment Of Maintenance Investigators:

(b) Section 5(1) of the Maintenance Act, 1998 (Act No. 99 of 1998), provides that the Minister, or any officer of the Department of Justice authorised thereto in writing by the Minister, may appoint in the prescribed manner and on the prescribed conditions, one or more persons as maintenance investigators of a maintenance court to exercise or perform any power, duty or function conferred upon or assigned to maintenance investigators by or under this Act. Section 5(2) of the Maintenance Act, 1998, provides further that the Minister shall take all reasonable steps within the available resources of the Department of Justice, to achieve the progressive realisation of the appointment of at least one maintenance investigator for each maintenance court. Consultation processes took place relating to the suggested policy and implementation plan for the appointment of maintenance investigators. This included the drafting of a National Action Plan for the Re-engineering of the Maintenance System. The recommendations flowing out of these consultations is that a multi-disciplinary approach relating to the appointment of maintenance investigators should be endorsed, and that the best service providers, whether sheriffs, Non-Governmental Organisations, Community Based Organisations (CBO’S) or private investigators, should be appointed as maintenance investigators. The multi-disciplinary approach would entail considering service providers who are able to perform digital tracing functions (office bound, use of computers linked up to 14 data bases nationally), or physical tracing targeted at rural/informal settlements.

Costing of necessary budget for the appointment of maintenance investigators:

In the preparation of the memorandum for the Minister on the preferred policy for the appointment of Maintenance Investigators, it is the Department’s view that the preferred option of outsourcing the function, should be costed, in order to give an accurate indication of the budget needed. This is receiving attention. It is, however, difficult to cost the exact amounts needed in this regard, also because of the challenges envisaged by the Directorate: Secondary Legislation relating to the promulgation of the necessary regulations for the appointment of Maintenance Investigators, even as pilot projects. There are, however, various options available in respect of the commencement of the provisions of the Act. This is receiving attention. Having regard to the urgent need to increase the capacity within the maintenance courts, including the need to appoint investigators on an urgent basis, the following interim measures were suggested whilst the policy relating to the appointment of investigators and matters related thereto, are being put into place:

(1) Identifying the critical areas of service delivery in the courts for instance, the gathering of information envisaged in section 7(2)(e) of the Act or locating the whereabouts of persons as envisaged in section 7(2)(a) of the Act;

(2) On the strength of the identification, identify the functionaries responsible for the services concerned, namely maintenance officers and investigators;

(3) Taking into consideration the fact that the maintenance officer and the investigator have some concurrent powers, because critical areas of service delivery falling within the concurrent powers of maintenance officers and investigators may probably be easier to deal with by way of appointing more maintenance officers which does not require the commencement of the residue of the Act or the promulgation of regulations; and

(4) That appointing “pilot projects” for maintenance investigators, can be nothing more than the appointment of private investigators without any authority/ powers, unless the Act is operational.

Preliminary report of Western Cape Tracing Project:

(a) The Department and the Family Court Task Team have, in the meantime, approved a proposal by The Family Centre Project Office in the Western Cape, to perform 100 free traces for the Department as a tracing pilot project, which aims are the following: to obtain a cross-section of cases in the Western Cape and to assess the success or otherwise of the pilot. The project outcomes, were to be detailed reports on issues, such as the average turn around time; success rate; failure rate; tracing request declined; impact on court staff; and usefulness of tracing service provided. Maintenance Officers at each of the 10 Cluster A and Cluster B Courts in the Western Cape, have been identified as point persons and they have been trained by the Family Centre in handling the forms concerned.

Because of the challenges facing the Department in costing the multi-disciplinary option, the Department has come to the conclusion that a baseline study for the costing of the appointment of maintenance investigators, is needed as a matter of urgency, in order to obtain clarification in this regard. The Directorate: Children and Youth Affairs is therefore in the process of requesting a baseline costing study from an independent consultant, in order to give the Department an accurate idea of what is needed in this regard. The timeframe for the completion of the baseline study and evaluation of the necessary results, which will be necessary for the implementation of the pilot projects for the appointment of maintenance investigators, is February 2002. It is therefore envisaged to start appointing maintenance investigators as soon as possible after receipt of the baseline study concerned, in order to implement the appointment of Maintenance Investigators progressively, as required by the Act.

The appointment of maintenance officers:

The Department is in the process of researching the necessary appointment of extra maintenance officers at the various critical areas already identified by the Department. In this regard, the National Director of Public Prosecutions has indicated that section 4(1) of the Maintenance Act, 1998, places a duty on the National Director of Public Prosecutions to build a more dedicated and experienced pool of trained and specialised maintenance officers and believes that this can be achieved in the following way: To create in each of the 424 Magistrates’ Courts, sufficient competence in each of the maintenance officers who are appointed, would obviously mean that the bigger and busier the center, the more maintenance officers must be appointed. These officers should be legal graduates. This is being investigated and costed at present.

The training of maintenance officers:

Justice College is continually training Clerks of the Maintenance Courts, who are now for the most part being used as maintenance officers. All Provinces are visited for training sessions at least twice a year by Justice College; where special requests are received from magistrates to handle crisis areas, ad hoc-training is given in the courts concerned, such as in Umtata and Rustenburg earlier this year. In Umtata in September 2001, two experienced maintenance court personnel from East London, were requested to train the Clerks in the Deposit Account Section (Maintenance payout section), in order to bring the Payments Section up to date. Justice College has also indicated that they are already planning for continuous year-round training sessions for 2002, with a minimum of 14 courses next year. They are in Bloemfontein for such a course at the moment and will be conducting training sessions in Kimberley and Durban before the end of the year 2001. The Danish Government has also indicated that they are willing to make R10 million available over a period of five years for the training of Maintenance Officers and Maintenance Investigators, as a result of the Business Plans submitted to them in terms of the National Action Plan for the Re-engineering of the Maintenance System. The Department has requested Justice College to develop a Training Strategy to start training in terms of the Training Business Plan (Key Result Area 2: Human Resources Development of the Maintenance NAP), in February 2002.

The Director of Public Prosecutions in Johannesburg has indicated his willingness for the Prosecutors to train and assist the Maintenance Clerks/ Officers relating to maintenance matters in the Market Street Maintenance Court. This positive approach is very much appreciated by the Department and the Department will request the NDPP to assist the Maintenance Officers and Clerks, where the Prosecutors can, in the spirit of co-operation.

Initiatives to address problems at market street, Johannesburg:

The Regional Head: Justice and Constitutional Development in Gauteng as well as the Director: Accommodation of the National Department are in the process of identifying ways and means to assist the Johannesburg Maintenance Court relating to its accommodation problems as well as its personnel problems. The Regional Head is having discussions with the supernumary personnel from Mpumalanga, some of whom have indicated that they would be willing to be transferred to Johannesburg, in order to assist there. The Sub-Office Review Committee of the Department is also in the process of evaluating the reports from the National Inspectorate; the visiting Teams; Justice College; the Regional Head; as well as the Magistrates; Prosecutors and Maintenance Clerks themselves, in order to draft an action plan for assisting them further in this regard as a matter of priority.

Challenges facing the department:

As soon as the baseline study has been completed and funds have been made available to the Department, the Department will start appointing maintenance investigators progressively. Implementing the six Key Result Areas of the draft National Action Plan for the Re-engineering of the Maintenance System, which are as follows:

· Human Resources (appointment of Maintenance Investigators, Maintenance Officers and Maintenance Clerks);

· Human Resources Development – Training;

· Legislation – Review and Evaluation;

· Infra-Structure;

· Information Management, Monitoring and Evaluation; and

· Communication Strategy.

The Department is committed to implementing the Maintenance Act, 1998, especially to do with the appointment of Maintenance Investigators as well as Maintenance Officers, properly and progressively, in order to comply with communities’ needs in this regard.

Other Child-related Issues

Work done with regard to implementation planning for the Child Justice Bill

It is envisaged that the Child Justice Bill will be ready for the Parliamentary session of early 2002. The Directorate: Children and Youth Affairs mindful of the importance of proper planning with regard to legislation, has embarked on a carefully developed process to ensure that the Bill is properly supported as it is considered by Cabinet, debated by Parliament and thereafter effectively implemented. This support is focused on implementation planning and budgeting. The Directorate is assisted in this regard by the Child Justice Project, a United Nations technical assistance project for the government of South Africa, the objective of which is to assist with capacity development for the implementation of the new Child Justice system. The Directorate is also assisted in this regard by the SIDA project on Children and Justice. The Directorate has co-ordinated an inter-sectoral forum dealing with Child Justice Issues, called the Inter-Sectoral Committee for Child Justice. A draft framework for an Implementation Strategy has already been drafted and distributed to members of the committee. A workshop was held on 28 August 2001 to discuss an Inter-sectoral strategy for Implementation of the Child Justice Bill. This was attended by the committee members and additional personnel from the various departments. The aim of the meeting was to develop a framework for an integrated Child Justice Implementation Strategy.

Closely linked to the Implementation Strategy is the issue of budgeting. The best laid plans will not be able to be put into action if the government departments have not included necessary expenditure into their budgets. The Directorate promotes the view that the Bill is generally cost effective. It must be acknowledged, however, that there will be some start-up costs. South African Police Services and the Department of Social Development will bear some costs in the early years of implementation. The Child Justice Project in the Department of Justice and Constitutional Development liaised with Department of Finance during 2001 with regard to the Medium Term Expenditure Framework (MTEF) in order to ensure that all departments were submitting submissions with regard to the Child Justice Bill.

Programmes To Support The Child Justice System

The success of the draft Child Justice Bill will depend to a great extent on the broad availability of programmes for diversion and appropriate community–based sentences for children. At the present time programmes for diversion and appropriate sentencing are offered mainly by way of agreements between the Prosecuting authorities and non-governmental organizations, with Probation Officers playing brokering role. During 2000 approximately 15000 children were diverted to recognized programmes. If the Bill is to be successfully implemented it may be necessary to provide programme placements for 3 or 4 times this number. The Child Justice Project in the Directorate has set about the task of enhancing the capacity and use of programmes for diversion and appropriate sentencing for children in the following ways:

• Through building strategic partnerships with relevant government and non government organizations offering services in this field
• Through identifying and developing a data base of programmes which are used for diversion/sentencing or have the potential of being so used
• Through hosting a national forum in June 2001 to build partnerships between government and civil society

The project has also worked on issues of policy and research in this area. Restorative justice as an important aspect of preparing the ground for diversion and appropriate sentencing. The new model proposes more involvement of victims and community members and research has been commissioned in this regard.

Legal Representation For Children

The Department of Justice and Constitutional Development has established a partnership with the Legal aid Board to ensure improved legal representation for children. The Department of Justice and Constitutional Development (Directorate: Children and Youth Affairs) has hosted a workshop on how to identify cases where the child requires legal assistance and on a policy on legal representation for children. The aim was to assist the Board in the decision-making on how to prioritise children. The Board has identified specialised training for the attorneys and candidate attorneys at the Justice Centres as a priority. One Training Workshop on Legal Representation for Children has been held for 49 practitioners from the 24 Justice Centres in the country, and a second one is to take place in 2002. A manual on legal representation for children is in the process of being developed.

One-Stop Child Justice Centres

The Child Justice Bill empowers the Minister for Justice and Constitutional Development, in consultation with other relevant Ministers, to establish and maintain One-Stop Child Justice Centres. The Department of Justice and Constitutional Development has commenced the process of holding discussions with all the relevant stakeholders in the field regarding the development of a policy on One Stop Centres. The Department has commissioned an evaluation of the Stepping Stones One Stop Child Justice Centre in Port Elizabeth which will support the implementation process of the Bill.

Alternatives To Imprisonment

The Directorate holds monthly inter-sectoral meetings with the Inter-Departmental Children Awaiting Trial Team to monitor the issue of children in custody and assess progress made regarding the recommendations made during last years investigation into children awaiting trial in prison. The Directorate has been liaising with the Department of Social Development on the issue of Secure Care facilities for children awaiting trial. With regard to children who are sentenced, the Directorate has entered into discussions with the Education Department and the Child Justice Project plans to undertake a situational analysis of existing Reform Schools and Schools of Industry before the end of 2001, with a view to making recommendations regarding the availability of appropriate facilities for sentenced children. The number of children awaiting trial has being dropping steadily as a result of the increased focus from all role players in this regard.

Child protection week (28 may – 3 june 2001)

The Directorate undertook the following activities during Child Protection Week:

Workshop on Legal Representation for Children

Simplified Version of the Convention on the Rights of the Child The Directorate: Children and Youth Affairs, assisted by the Community Services, Communications and the Sexual Offences and Community Affairs Unit in the NDPP produced a simplified version of the Convention on the Rights of the Child. This book was launched by the Deputy Minister of Justice and Constitutional Development on 1 June 2001 (International Day of the Child) at a Special Session of the National Assembly convened by the Presidency.

National Interim Protocol For The Management Of Children Awaiting Trial (The Minister of Justice and Constitutional Development launched the National Interim Protocol for Children Awaiting Trial on 1 June 2001 at Parliament. This document grew out the investigation of the situation of children in prison, but also provides guidance about how children accused of crimes should be dealt with from now until the Bill is enacted and implemented. The idea is that the good practice required by the protocol will ensure that criminal justice personnel are accustomed to what will be expected of them in terms of the new legislation. The Directorate, together with the other departments, have ensured that copies of the protocol are widely distributed.)

Children’s festival (The Directorate is preparing for 2001 Children’s Festival to be held in the Northern Province on the First Saturday in November. It is the priority of the Presidency that this year’s event is taken to some of the rural provinces. The Northern Province has been identified as the first of these provinces to host the National Children’s Festival for 2001.)

National NGO’s Consultative Conference (The Directorate: Children and Youth Affairs participated in the National Consultative Conference which was convened by the department of Justice and Constitutional Development and the NDPP held on 19 to 21 August 2001, the purpose of which was to set up a strategic partnership in order to ensure, inter alia, that our service delivery to women and children comply with the principles of Batho Pele. This initiative has the drawing up of a Memorandum of Understanding between the Department and the National NGO’s providing services to the public on the Department’s line function activities in the areas of Domestic Violence, Sexual Offences, Maintenance and Child Justice. The Directorate has also contributed to the Conference by providing a budget for some of the expenses incurred for the Conference.

National Strategy for Child Abuse and Neglect

The Directorate continues to participate in the National Committee on Child Abuse and Neglect chaired by the Department of Social Development, whose main objective is to finalise the Child Protection Policy and set up effective and efficient monitoring and evaluation mechanisms at national, provincial and local levels.

National AIDS And Children Task Team

The Directorate is a member of the National Task Team on HIV/AIDS chaired by the Department of Social Development. The Directorate plays a very important role in this Task Team in that it renders advice on the role of the courts in children’s court enquires. It has been agreed at these meetings that the Directorate will facilitate a seminar on the impact of HIV/AIDS on the courts for Commissioners of Child Welfare. Donor funding will be sought for this Seminar.

2.6 TRANSFORMATION OF LANGUAGE SERVICES

The Department uses Interpreters to render language services in courts. This is a constitutional imperative to ensure fair trial in terms of section 35 (3) k of the Constitution (Act 108 0f 1996). The Department is currently addressing concerns raised by court interpreters, ranging from unsatisfactory service conditions to non- recognition of interpreting service as a profession. Interpreters are essential service providers in courts and a number of measures have been taken to professionalise interpreting services, of which the establishment of a language services transformation unit is noteworthy. This is an interim structure established to :

· Serve as a liaison between court interpreters and the management at National Office

· Facilitate establishment of a language services unit within the Business unit : Court services

· Co-ordinate and administer the affairs of court interpreters

· Represent court interpreters in various committees and structures

· Hold consultation with other language institutions in and outside the Department.

· Co-ordinate inputs in the transformation of language services

· Organize consultative workshop with all court interpreters

· Draft a National Action plan to transform language services as a profession

· Draft a code of conduct for Interpreters

The unit is based at the National Office under the Business unit: Court Services and is hard at work in the above regard.

2.7 LAY ASSESSORS

After reprioritising of funds the Business Unit is at present putting the final touches on a proposal to implement the legislation relating to the appointment of assessors in courts in a phased manner in certain selected places such as Port Elizabeth, Pretoria and Cape Town where there is already a strong assessor committee system in operation.

2.8 CAUSUAL LABOURERS IN THE NORTHERN PROVINCE

The Minister has already approved recommendations for retrenchment of casual labourers with severance package

2.9 PUTTING JUDGES’ SALARIES ON PERSAL

All serving Judges, retired judges and spouses of the deceased judges have now been put on persal system. There are however few problems with the implementation of this system which are receiving attention.

2.10 TRAINING OF EX-OFFICIO COMMSION OF OATHS:

Tradition leaders in the Northern Province, North West, and Eastern Cape have been trained to serve as commissioners of Oaths. Since members of Parliament attended such training in Cape Town. This initiative is important to ensure that the administration of Justice is brought closer to the people