JUSTICE AND
CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE
OVERVIEW OF 2008
PROGRAMME:
“Managing the Challenges: Too Much Legislation, Too Little
Oversight, Too Limited Time”
1.
Need to be Realistic About What is
Achievable This Year
1.1
In
the last quarter of 2007 we shaped our Portfolio Committee programme around the
need to “find a necessary balance between our legislative and oversight
responsibilities”. We adopted 5 reports (on the Annual Reports of the
Department, Legal Aid Board, South African Human Rights Commission and
Commission on Gender Equality, and on a visit to Pollsmoor Prison to consider
the position of awaiting-trial prisoners) and a further two reports (on the
Annual Reports of the Office of the Public Protector and the National Prosecuting
Authority) are pending. These reports provide an important part of the basis
for our oversight programme for this year.
1.2
However,
in shaping our programme this year we have to recognize that we will not be
able to find the “necessary balance” and our work will be weighted in favour of
our legislative responsibilities. This year is special because: this is the
final year of our five-year term; we have a huge legislative load; this is an
“election year”; and parliament will be
sitting for a shorter period than usual. So we should not be too ambitious
about what we can achieve this year. But at the same, time we should seek to
fulfill a significant part of the oversight programme that emerges from our
reports. Clearly, we have to make the most productive possible use of our
time. In a sense, in these reports we have set targets for ourselves as a
Portfolio Committee – and so, in a way, we have to monitor ourselves, and have
oversight of our own work! And we can’t let ourselves down!
1.3
We
are facing very specific challenges this year: far too much legislation; not
enough space for our oversight role; and a rather short parliamentary year.
Hence our programme around “ Managing the Challenges: Too Much Legislation, Too
little Oversight, Too Limited Time”.
2.
Legislation
2.1
In
view of the 2009 elections, negotiations are underway between the Speaker’s
Office, the Leader of Government Business, the multi-party Whips structures and
other structures in parliament to cease parliamentary sittings at the end of
August and to re-convene for a brief period in October to consider the Medium
Term Budget Policy Statement and the Adjustment Appropriations, and other
outstanding matters. Some Committees with absolutely urgent legislation may be
allowed to meet between August and October, but this is not clear at this
stage.
2.2
Currently
the Portfolio Committee is processing the following Bills:
i.
Jurisdiction
of Regional Courts Jurisdiction Bill
ii.
Child
Justice Bill
iii.
Mandating
Procedures of Provinces Bill
2.3
The
NCOP is still processing the Regulation of
Interceptions of Communication Amendment Bill, South African Judicial
Education Institute Billl and the Judicial Services Commission Amendment Bill.
We will have to attend to any amendments they might effect to the Bill.
2.4
The
Department also intends to introduce the following Bills for the Committee to
complete within this years term of parliament:
i.
National
Prosecution Authority Amendment Bill
ii.
Renaming
of High Courts Bill
iii.
Traditional
Courts Bill
iv.
Reform
of Customary Law of Succession Bill
v.
Legislation
Prohibiting ‘Floor-Crossing”
2.5
Others
Bills that might be introduced, but not necessarily for processing this year,
include:
i.
Criminal
Procedure Amendment Bill
ii.
Judicial
Matters Amendment Bill
iii.
State
Liability Amendment Bill
iv.
Superior
Courts Bill
v.
Legal
Practice Bill
vi.
Constitution
Fifteenth Amendment Bill
vii.
Constitution
Sixteenth Amendment Bill
2.6
We
might also receive bills related to “updating” the legislation dealing with the
South African Human Rights Commission and the Commission on Gender Equality
(see sections 5.6 v and 5.7 xi below).
2.7
At
this stage, it seems that there will be 2 Bills dealing with the DSO – one
amending the NPA Act and another amending the SAPS Act. Exactly how these Bills
will be processed is not clear at this stage. The specific details of our draft
programme (section 9 below) will
have to be adjusted once this becomes clear.
3.
Briefing on Department’s Budget
3.1
The
budget briefings will be held 6 and 7 May.
3.2
The
budget vote debate will be held on ?
4.
Quarterly Reports from Department
4.1
We
will receive quarterly reports from the Department on progress in implementing
its Strategic Plan and on issues raised by the Committee.
4.2
The
first quarterly report will take place on 18 March.
5.
Issues of Follow-Up on Reports
Published
5.1
The
issues set out below in this section emerge from the 5 reports we adopted.
Obviously, the Department and other organisations referred to below may not be
able to respond, within the proposed timeframes, to all the issues the
Portfolio Committee raises – but there should, at least, be discernible
progress in regard to the recommendations in the reports. Tentatively, the
issues highlighted in bold below could
perhaps be considered as priorities.
5.2
Of
course, given the circumstances (referred to in section 1.2 above), there are
issues taken up in these reports that it will not be possible to address this
year; they will have to be carried over into the period after the 2009
elections. While the current Portfolio
Committee cannot prescribe to the incoming Portfolio Committee, we should do an
“exit report” that the new Portfolio Committee could draw on.
5.3
Most,
not all, the issues that need to be addressed are set out below in this
section. They are presented in a crude, condensed shorthand – and to make
better sense of them, it will be useful to refer to the relevant sections of
the report which are referred to in brackets at the end of each paragraph. This section of our programme focuses on the
issues from our Reports that need to be
addressed and so is a skewed summary
of the Reports and does not capture the
achievements of the organisations referred to below – again, for an overall
sense of the Committee’s views of these organisations it will be necessary to
refer to the full reports.
5.4
JUSTICE
AND CONSTITUTIONAL DEVELOPMENT DEPARTMENT
i.
Quarterly Briefings from Department
on progress in implementing Strategic Plan and recommendations of Portfolio
Committee (section 6.1 of Portfolio Committee Report).
ii.
Need
for a more focused, phased strategy (6.2)? Need for Department’s Annual Report
to be more closely aligned with its Strategic Plan and for reports on
performance to be more closely linked to targets (6.4). Need for more
user-friendly Annual Report (6.5).
iii.
Briefing on revamp of criminal
justice system: jointly with other committees, 1st Quarter 2008 (6.21).
iv.
68% of cases removed from the court
roll: Briefing on challenges &
initiatives to improve court performance: jointly with other committees, 1st
quarter 2008 (6.9, 6.11, 6,12).
v.
Need
to standardize information across the criminal justice sector (6.13).
vi.
Concern about qualified audit report
(6.15).
vii.
Among
issues emerging from AG’s report to be tracked through Quarterly Meetings:
• Management
of Third Party Funds.
• Asset
management
• Matters
of emphasis identified by AG
• Justice
Deposit Account System
• Tightening
of internal controls to reduce fraud
• Guardian’s
fund
• Department’s
spending patterns (monitor in conjunction with
JBC).
·
Finalisation
of human resources plan.
·
Availability
of Quarterly Reports to the AG (6.19).
viii. Other issues to be monitored:
·
Improvement of Equality Courts
performance.
·
Progress made in finalising Legal
Services Charter.
·
Implementation of Victim’s Charter.
·
Performance of Maintenance Courts.
·
Progress made on training of
children’s courts clerks.
·
Lack
of computer literacy of staff (6.20).
5.5
LEGAL
AID BOARD (LAB)
i.
Annual
Report should reflect the quality of the presentation made to the
Committee. Annual Business Plans should
also be made available to the Portfolio Committee. Breakdown of cases should be made clear
(5.3).
ii.
The Legal Aid Board Act needs to be
updated to be consistent with the Constitution.
The Legal Aid Guide, which is supposed to be adopted annually by
parliament, was last adopted in 2002 – and has not since been tabled to
parliament (5.4).
iii.
Within
financial and other constraints, the number of practitioners at courts need to
be increased.
iv.
The LAB needs to do more civil work
– also in view of the Promotion of Equality and Prevention of Unfair
Discrimination Act and the Prevention on Illegal Eviction from and Unlawful
Occupation of Land Act – which provide for granting of legal aid (5.7).
v.
Need for access to legal services of
poor people who are not indigent. (LAB also discussing with legal profession on how private
sector can provide services to the poor who are not classified indigent.) (5.8)
vi.
Progress
on the LAB engaging with SAPS to link systems (5.9).
vii.
Progress on joint projects with the
Rural Legal Trust and the Judicial Inspectorate of Prisons (5.9).
viii.
Fees
paid to Judicare too low to attract experienced legal practitioners (2.7).
ix.
Unequal resourcing of agencies
within the Justice cluster contributes to LAB losing staff, particularly to the
NPA (2.7).
x.
Difficult for LAB to access Judicare
practitioners because it does not have access to the files – Legal Aid Board
Act needs to be amended to provide for extension of attorney-client privilege
to board employees conducting quality reviews of Judicare files.
xi.
Portfolio
Committee to engage further with LAB on employment equity, particularly
position of women (5.11, 3.15)
xii.
Portfolio
Committee will meet LAB within 6 months.
5.6
SOUTH
AFRICAN HUMAN RIGHTS COMMISSION (SAHRC)
i.
Given
the way the Annual Report records its statistics, it is difficult to evaluate
the SAHRC’s successes in processing complaints (6.2, 6.14, 6.15).
ii.
Need
for material outcomes on the projects on initiation, school violence, the
position of refugees and other non-national, and health-care through engagement
with the relevant decision-making structures (6.3).
iii.
The government has not ratified the
International Covenant on Economic, Social and Cultural Rights (6.5).
iv.
Portfolio
Committee to assist the SAHRC, wherever possible, in cooperation with other
Portfolio Committees with Departments that do not cooperate with the SAHRC in
respect of complaints it investigates (6.6).
v.
SAHRC has to be amended to be
consistent with the 1996 Constitution.
The Bill and amended staff regulations should be introduced by May 2008
(6.7).
vi.
Portfolio Committee to raise with
the Ministry and Speaker’s Office as soon as possible to fill the vacancy
created by the resignation of a full-time Commissioner on 1 December 2006
(6.7).
vii.
Portfolio Committee to raise with
the Department and Speaker’s Office the need to ensure timeous appointment of
new Commissioners - process to begin by mid-2008? Staggering of Commissioner’s
terms of office (6.7)?
viii.
Need for dedicated Information
Commissioner – especially in view of the SAHRC’s role in regard to the
Promotion of Access to Information Act (6.7).
ix.
The
manner in which salaries and conditions of service is determined seems to be ad
hoc – relevance of legislation required in terms of 219(5) of the Constitution
(6.8).
x.
Delay in finalising regulations
related to section 28 of the Promotion of the Equality and Prevention of Unfair
Discrimination Acts (6.9).
xi.
Much more needs to be done to ensure
greater cooperation and coordination among Chapter 9 institutions (6.10).
xii.
High
vacancy rates (6.11,4.1, 4.2).
xiii.
Portfolio
Committee will engage more with the SAHRC on its employment equity plans and
targets (6.12).
xiv.
Inconsistencies
in some of the figures. Need for more
clear statistics (6.15).
5.7
COMMISSION
ON GENDER EQUALITY (CGE)
i.
The CGE Presentation to the
Portfolio Committee focussed on the current strategy plans and activities,
instead of on the 2006-07 financial years (7.2). The performance of CGE during 2006-07 was
found to be “wanting”. The Portfolio
Committee was unable to assess what the material outcomes of the CGE’s
activities during 2006-07 were. While
the new Commissioners cannot be held to account for the previous financial
year, surely the senior management is accountable (7.3)?
ii.
The
CGE Annual Report should take into account:
• Correlation
between Strategic Plans and Annual Reports.
• Information
on handling complaints.
• Clarity
on whether targets have been met.
• Better
information on performance of provincial offices.
• Need
for HR information (7.4).
iii.
Need for co-operation and
co-ordination between Portfolio Committee and parliament’s Joint Monitoring
Committee (7.5).
iv.
More progress needed on the Forum of
Independent Statutory Bodies and common information system (7.6).
v.
CGE needs to improve its image in
the public and in the media (7.7).
vi.
Progress
on CGE’s “relationship with civil society” (7.8).
vii.
CGE’s difficulties in getting access
to official country reports in time (7.9).
viii.
Portfolio
Committee feels greater attention should be given to the boy-child (7.10).
ix.
Portfolio
Committee interested in briefing on Gender Barometer at next meeting with CGE
(7.11).
x.
CGE feels Equality Courts performing
badly (7.12).
xi.
CGE Act needs to be updated to take
into account the 1996 Constitution (even difference between Commission for
Gender Equality and Commission on Gender Equality) (7.13).
xii.
CGE
is dissatisfied with the current system of remuneration and allowance of office
bearers of the Chapter 9 institutions (7.14).
xiii.
CGE
would like to respond in an appropriate parliamentary structure to the report
of the Ad hoc Committee on Chapter 9 and associated institutions.
xiv.
The Committee will raise with the
Minister the need to finalise the Chairperson of the CGE (Decided by Portfolio
Committee, but accidentally left out of report).
xv.
The
Committee will arrange a meeting with the CGE within 6 months to engage further
on its strategic plan and review progress (7.18).
5.8
VISIT
TO POLLSMOOR PRISON TO CONSIDER POSITION OF AWAITING TRIAL PRISONERS
i.
Portfolio
Committee needs to be strategic and selective in our oversight targets
regarding position of awaiting-trial prisoner (ATP). Pursue modest, incremental
increases, in view of challenges (6.1).
ii.
Need initial written response from
Departments within 2 months (6.2). (Received letter from DG of JCD and
discussions held with Portfolio Committee Chairperson)
iii.
66,8% of inmates ATP unacceptable.
Need improvements (6.4).
iv.
High number of children ATP (6.5).
v.
Need
to use 63(A) of Criminal Procedure Act for release of ATP unable to pay bail
(6.6).
vi.
Report from LAB within 2 months on
difficulties in visiting Pollsmoor more often (6.8). (Report received.)
vii.
Need for more information on ATP to
be given to Department of Correctional Services (6.9)
viii.
Need
for magistrates to visit Pollsmoor Prison. Portfolio Committee to discuss this
with the Magistrates Commission and Judicial Inspectorate of Prisons
(6.10). (Report Received from
Magistrates)
ix.
Need for greater co-operation of all
relevant state structures (6.11, 6.12).
x.
ATP children not allowed to take
part in programmes for sentenced children (6.13).
xi.
Need for more places of safety (6.14).
xii.
Need to divert pregnant women who
commit petty offences (6.17).
xiii.
Need
for Portfolio Committee to co-operate more effectively with Correctional
Services Portfolio Committee (6.1).
xiv.
Follow-up
meeting with stakeholders within 6 months (6.3).
5.9
REACHING
CONSENSUS ON WHAT CAN BE DONE BEFORE 2009 ELECTIONS
i.
As
mentioned in section 1 above, given the specific circumstances of the year
ahead, it will not be possible to address all the issues raised above. But we
should aim to see as much progress as possible, despite the challenges.
ii.
Through
engagement with the above institutions we should seek to arrive at consensus on
what is do-able before the 2009 elections. The new Portfolio Committee after
the elections will have to consider taking up the outstanding issues.
6.
NDPP Report
6.1
At
this stage, it is not clear how parliament will process any report from the
Ginwala Inquiry into the suspension of the National Director of Public
Prosecutions, Mr Vusi Pikoli. It is possible that our Committee may play a
role.
7.
Oversight Visits/Study Tours
7.1
In
view of the special circumstances of this year, we will obviously not have the
time to undertake any oversight visits or study tours.
8.
We’ll Do What We Can – and That’s
Much!
8.1
Obviously,
we are going to have a most challenging year! But there’s no reason why we
can’t still do a lot. Let’s try anyway!
9.
Details of the Programme
9.1 The
specific details of the programme follow on the next page:
Justice and
Constitutional Development Portfolio Committee
Draft Programme for 1st
Half of 2008
DATE
|
TIME
|
AGENDA
|
VENUE
|
|
|
|
|
Tues, 05 February |
10:00 –
16:00 |
(1)
Overview of Child Justice Bill (Dept. of Justice) (2)
Submissions from the public on the Bill |
V 454 |
|
|
|
|
Wed, 06 February |
10:00 –
16:00 |
(1)
Overview of Jurisdiction of Regional Courts A/B(Dept. Justice and
Const. Development) (2)
Submissions from the public on the Bill |
V 454 |
|
|
|
|
Tues, 12 February
|
10:00 –
13:00 |
Child Justice Bill |
E 249 |
|
|
|
|
Wed, 13 February |
10:00 –
13:00 |
Jurisdiction
of Regional Courts Amendment Bill |
E 249 |
|
|
|
|
Fri, 15 February |
09:30 –
12:00 |
Jurisdiction
of Regional Courts Amendment Bill |
OAC |
|
|
|
|
Tues, 19 February |
10:00 –
13:00 |
Annual
Report of the Office of the Public Protector |
OAC |
|
|
|
|
Wed, 20 February |
10:00 – 12:30 |
Annual
Reports of i)
National Prosecuting Authority ii)
Special Investigation Unit |
OAC |
|
|
|
|
Fri, 22 February |
09:30 –
12:30 |
|
E 249 |
|
|
|
|
Tues, 26 February |
10:00 –
13:00 |
Annual
Report of the NPA |
OAC |
|
|
|
|
Wed, 27 February |
10:00 –
13:00 |
i. PAJA Rules ii. Mandating Procedures of
Provinces Bill iii. Jurisdiction of Regional
Courts Amendment Bill |
S 35 |
|
|
|
|
Tues, 04 March |
10:00 –
13:00 |
i. Mandating Procedures of
Provinces Bill ii.
Jurisdiction of Regional Courts Amendment |
S 12A |
|
|
|
|
Wed, 05 March |
10:00 –
13:00 |
Regional
Courts Jurisdiction Bill |
GH 41 |
|
|
|
|
Fri, 07 March |
09:30 –
12:00 |
Child
Justice Bill |
M 46 |
|
|
|
|
Tues, 11 March |
10:00 –
13:00 |
Child Justice Bill |
V 475 |
|
|
|
|
Wed, 12 March |
10:00 –
13:00 |
Child Justice Bill |
Room 1
(90 Plein) |
|
|
|
|
Fri, 14 March |
09:30 –
12:30 |
Child Justice Bill |
S 12 A |
|
|
|
|
Tues, 18 March |
10:00 –
13:00 |
Quarterly Report of the Department
of Justice and Constitutional Development (or Review of Department of Justice
and Constitutional Development’s Budget?) |
V 454 |
|
|
|
|
Wed, 19 March |
10:00 –
13:00 |
Child Justice Bill (or Review of
Department of Justice and Constitutional Development’s Budget?) |
Room 3
(90 Plein) |
*31 March – 2nd
May
Constituency Period
2nd Quarter Issues:
Tues, 6 May |
10:00 –
17:00 |
Review of
Department of Justice and Constitutional Development’s Budget (or “DSO
Bill”?) |
|
|
|
|
|
Wed, 7 May |
10:00 –
17:00 |
Review of Department of Justice
and Constitutional Development’s Budget (or “DSO Bill”?) |
|
|
|
|
|
Fri, 9 May |
10:00 –
13:00 |
Agenda to follow |
|
|
|
|
|
Tues, 13 May |
10:00 –
13:00 |
Agenda to follow |
|
|
|
|
|
Wed, 14 May |
10:00 –
13:00 |
Agenda to
follow |
|
|
|
|
|
Tues, 20 May |
10:00 –
13:00 |
Agenda to
follow |
|
|
|
|
|
Wed, 21 May |
10:00 –
13:00 |
Agenda to
follow |
|
|
|
|
|
Tues, 27 May |
10:00 –
13:00 |
Agenda to
follow |
|
Wed, 28 May |
10:00 –
13:00 |
Agenda to
follow |
|
Fri, 30 May |
10:00 –
13:00 |
Agenda to
follow |
|
Tues, 3 June |
10:00 –
13:00 |
Agenda to
follow |
|
Wed, 4 June |
10:00 –
13:00 |
Agenda to
follow |
|
Fri, 6 June |
10:00 –
13:00 |
Agenda to
follow |
|
Tues, 10 June |
10:00 –
13:00 |
Agenda to
follow |
|
Wed, 11 June |
10:00 –
13:00 |
Agenda to
follow |
|
Fri, 13 June |
10:00 –
13:00 |
Agenda to
follow |
|
Tues, 24 June |
10:00 –
13:00 |
Agenda to
follow |
|
Wed, 25 June |
10:00 –
13:00 |
Agenda to
follow |
|
Please note:
1.
The above is a draft
programme.
2.
Given several uncertainties, it is
not possible at this stage to provide specific details of the agenda for the
days we sit from early May onwards.
Hopefully, these details will be provided by the end of March. But the issues we will have to deal with
include the following:
i.
“DSO Bill”
ii.
Traditional Courts Bill
iii.
Child Justice Bill
iv.
Legal Aid Board : Review of Progress
on Annual Report Issues
v.
South African Human Right
Commission: Review of Progress on Annual Report Issues
vi.
Commission for Gender Equality:
Review of Progress on Annual Report Issues
vii.
Pollsmoor Prison: Review of Progress
Since Study Visit to Pollsmoor (Joint Meeting with Correctional Services
Portfolio Committee)
3. The Committee will also meet on Tuesdays and Thursdays from 2:30pm to
5:30pm or later, as and when necessary. (Younger
members like Bulelani and Carol can have a siesta from 2:00 to 2:30pm, while older members, like JJ, can gossip in
the House during this time!)