Q1
2011/12

Quarter 1 Performance Report

Table of Contents

INTRODUCTION
PROGRAMME 1: ADMINISTRATION
Strategic Objective 1: Increased compliance with prescripts to achieve and sustain an unqualified audit.
Strategic Objective 2: Improved management of fraud and corruption cases
Strategic Objective 3: Improved human resources service delivery
Strategic Objective 4: Increased optimisation of systems (automated and manual)
Strategic Objective 5: Increased percentage of outstanding Truth and Reconciliation Commission Victims who qualify for reparations per TRC recommendations
PROGRAMME 2: COURT SERVICES
Strategic Objective 6: Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.
Strategic Objective 7: Improved finalisation of activities in support of outputs of Outcome 3.
Strategic Objective 8: Improved delivery of maintenance services.
Strategic Objective 9: Increased protection of the rights of vulnerable groups.
Strategic Objective 10: Increased access to justice services by under-serviced communities.
Strategic Objective 11: Improved functionality of justice service points.
Strategic Objective 12: Improved delivery of services at the courts.
PROGRAMME 3: STATE LEGAL SERVICES
Strategic Objective 13: Improved service delivery at the Master’s service points.
Strategic Objective 14: Increased efficiency in the provision of services to beneficiaries of the Guardian’s Fund, trusts, insolvent and deceased estates.
Strategic Objective 15: Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
Strategic Objective 16: Improved provision of legal services to the state organs.
Strategic Objective 17: Improved policy and legislative framework for effective and efficient delivery of justice services.
Abbreviations and Acronyms

INTRODUCTION

This quarterly review covers the period from April to June 2011 and serves to inform the Minister and other stakeholders of the progress made on the implementation of the department’s annual performance plan and an update on budget spending.
Budget Spending
The overall expenditure versus budget at the end of the first quarter is near to the benchmark of 25%. However, capital spending is at 39.9% and would require careful monitoring for the rest of the year. There are several other unfunded expenditure amounting to about R650 million due to our service delivery demands. The department is therefore under pressure with regards to its budget and spending will be curtailed and prioritised towards the departmental strategic objectives. A circular has already been issued to request staff to curb spending wherever possible.  
Strategic Objectives
Out of the total of 17 objectives that are contained in the Department’s strategic plan and Annual Performance Plan, 7 objectives have fully achieved quarterly targets, 6 were not fully achieved but are on track and in good progress, and 4 are delayed, as graphically illustrated below:

 There were a number of indicators in which high performance was noted during the quarter under review and they include the following:
•	Improved finalisation of grievance and misconduct cases [Objective 3];
•	Completion of security installations in five additional courts [Objective 11];
•	Progress on the project to improve delivery of maintenance services; [Objective 8];
•	Increased protection of rights of vulnerable groups [Objective 9];
•	Progress on the finalisation of legislation for vulnerable groups [Objective 15];
•	Progress on the project to strengthen participatory democracy and respect for fundamental human rights, undertaken by the Constitutional Development [Objective15];
•	Progress on the increase of the number of briefs in value to be allocated to PDI’s [Objective11];
•	Coordination of JCPS Cluster; [Objective 6]; and
•	Improved delivery of maintenance services; [Objective 8].
However, the department will need to put more effort in dealing with:
•	Finalisation of Truth and Reconciliation Commission (TRC) related reparations [Objective 5]
•	Finalisation of forensic cases which are older than 1 year [Objective 2];
•	Reduction of cases on the backlog roll [Objective 7];
•	Finalisation of targets for quasi-judicial services to assist the department to identify areas of service improvements [Objective 12];
•	Reduction of legal costs against the state [Objective 16]; and
•	Turnaround times in liquidation and insolvency cases [Objective 14].
For the next quarter, the department will focus on improving the data collection and analysis for quicker reporting. Some reports (for example, indicator 9.2, 9.6, 16.1, 16.2 among others), give two monthly updates instead of three monthly ones due to delays in validation of data. For these indicators, the updated first quarter results will be provided in the second quarter report. 
Submission of evidence and supporting documentation is vital and will assist the department in addressing the audit queries raised by the Auditor General. Unfortunately, some source documentation will be considered after submission of this document and this might result in the restatement in the second quarter. 

PROGRAMME 1: ADMINISTRATION

Purpose: To manage the department, develop policies and strategies for the efficient administration of justice and provide centralised support services.
Expenditure: 
Overall spending for the branch is at 24%, which is above the normal spending trend for the first quarter. This is partly due to the increased spending on goods and services in Security and Risk Management as a result of security spending. Other pressure areas for the programme are increased spending on personnel for the Ministry and spending on Public Education and Communications Unit.
Subprogramme	Budget’000	Expenditure’000	% Actual Expenditure	
Ministry	           25,804 	             7,043 	27.3%	
Management	           82,554 	           12,418 	15.0%	
Corporate Services	         893,160 	         325,891 	36.5%	
Office Accommodation	         623,662 	           45,139 	7.2%	
TOTAL	      1,625,180 	         390,491 	24.0%	

Strategic Objectives:
Performance against the strategic objectives of this programme is detailed in the tables below.

Strategic Objective 1: Increased compliance with prescripts to achieve and sustain an unqualified audit.	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
1.1	Percentage completion of activities on the approved Audit Action Plan towards an unqualified audit.	100% completion	Approval of the Audit Action Plan	Audit Action Plan finalised but not yet approved		
1.2	Completion of key outputs to address the Third Party Funds qualification.	5	1	0		
1.3	Percentage of the approved audit plan  completed by  Internal Audit 	80%	1 %	24 %		
1.4	Corporate Risk mitigation plans developed by target date.	Nov 2011	33%	25%		
1.1	The Department has put together an audit action plan to address audit findings raised by the Auditor General. A revised Audit Action Plan was concluded and presented to the Audit and Finance Sub-Committee during the quarter under review. All priority areas have been determined and the regions were part of the development of this plan. 

1.2	Five key outputs are planned for completion during the 2011/2012 financial year to address financial challenges on the Third Party Funds. The concept document (output 1), which was due to be approved in the first quarter, has been concluded and circulated to the Audit and Finance Committee and Regional Heads and is due to be presented to the Executive Committee for final approval. Two other outputs, namely, baseline financial reporting and capacity building are on track for conclusion later in the year. 

1.3	The National Audit Plan of the Internal Audit Unit was concluded and presented to the Audit Committee. The Audit Committee agreed on the importance of continuing with the plan despite ongoing discussions.  For the period under review, the unit has completed 40 audit assignments (32 in regional offices and 8 in national office) out of a total 269 for the year. The audit reviews were focused largely on following up on the implementation of management action plans developed to address the weaknesses identified in the following areas:
•	Financial Management;
•	Asset Management;
•	Personnel and Leave Management;
•	Management of third party funds;
•	Governance and Administrative activities; and
•	Compliance with policies and procedures.

1.4	Consultations with the Auditor General and recommendation were prepared during the period under review. However,  not all discussions were concluded. The analysis and the assessments conducted resulted in the identification and review of Departmental prescripts, codified instructions/standard operating procedures and directives. The compliance checklist in terms of court operations was also drafted and the plan is to review the directives for Masters Offices in the second quarter. In addition to the consultations, risk mitigation plans for four out of thirty planned profiles were developed for Human Resources; Limpopo, CARA and Northern Cape Region. The process in this regard is due to be finalised in the second quarter. Risk Assessments for Western Cape Region have been rescheduled for 21 July 2011. 	

Strategic Objective 2: Improved management of fraud and corruption cases 
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
2.1	Number of fraud and corruption staff awareness workshops conducted	30	5	4		
2.2	Percentage finalisation of new forensic investigation(<1 year)	50%	10%	8%		
2.3	Percentage finalisation of older forensic investigations (>1 year)	65%	20%	15%		
2.4	Percentage completion of integrity competency of Senior Management (vetting).	65%	30%	16%		

2.1	The intention of Fraud and Corruption workshops is to sensitise staff on identification and management of fraud and corruption at the workplace. The awareness workshops were conducted for Mpumalanga, Western Cape, Eastern Cape and National Office. Due to capacity constraints the target was not met. The remaining workshops will be finalised in the second quarter. 

2.2	There were 12 new forensic cases and 1 finalised case during the period under review. Half of the staff members were involved in a major forensic case involving approximately 80 employees and an estimated value of R1.5 million in the Eastern Cape. The quarterly target was therefore not achieved.

2.3	There are 107 ongoing forensic cases (old) and 16 were finalised during the period under review. Progress to appoint new staff to improve case finalisation for forensic investigations has begun. This will enable the department to fast track cases and achieve the annual target.

2.4	The department is required to complete integrity competency for all SMS members. A target of 65% for the year has been set due to capacity constraints and taking into account the fact that the department started the year off a low base. This activity is running behind schedule and will require urgent interventions. Some of the challenges that are being addressed include:

•	There is very little progress achieved with regards to the requests for vetting of senior members; 
•	Delay in the implementation of the automated system needs support from ISM;
•	Lack of vetting investigators, however, HR is assisting with capacitating of the unit.	

Strategic Objective 3: Improved human resources service delivery
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
3.1	Vacancy Rate	7%	9 %	9.6 %		
3.2	Percentage of grievance cases finalised.	50%	15%	29.7%		
3.3	Percentage misconduct cases finalised.	65%	20%	5.6 %		
3.4	Number of people trained in line with departmental objectives.	6048	1803	1576		
3.1	The vacancy rate target was not achieved due to various factors which include termination of service, transfers and promotions to other Departments. The following movements took place during the quarter under review:

1.  153 new posts created
2.  250 terminations
3.  207 appointments were made.
The vacancy list has been analysed and is due for submission to individual line managers who will be requested to submit recruitment plans in terms of filling of identified vacancies.
3.2	A total of 27 grievance cases were received, out of which 16 were finalised during the quarter under review, with 8 of them having been finalised within a period of 30 days. Employee relations embarked on a new plan to standardize case management. A forum was held with regional officials to find common ground and improve the turnaround times of cases. 
3.3	A total of 71 misconduct cases were received in the quarter under review, out of which 10 were finalised, with 4 of them having been finalised within a period of 30 days. Necessary measures needs to be taken to fast track the finalisation of as many cases as possible within a period of 30 days.   

3.4	The actual performance of Justice College as reflected on the above table shows a deviation of 227 (12%) people away from the planned quarterly target of 1803. This target was not achieved due to non-attendance of delegates. The training of magistrates has now reverted to the SAJEI (South African Judicial Education Institute), and no longer done by Justice College.   
For future training, as a corrective measure, Justice College is currently in negotiations with Regional Offices to encourage them to use Justice College whenever possible.
Strategic Objective 4: Increased optimisation of systems (automated and manual)
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
4.1	Completion of pilots for five systems 	100%	25%	20%		
4.2	Percentage of courts with case management systems deployed and supported. 	100%	85%	85% deployed		
4.1	A request for the changing of the initially planned systems has been submitted. The lists of systems, as contained in the 2011/12 Annual Performance Plan, have been reviewed to ensure alignment with the Strategic and Annual Performance Plan, the JCPS cluster integrations and this has resulted in some projects being deferred to the next financial year.

Below, is a list of the previously approved projects that are contained in the 2011/12 Annual Performance Plan: 

•	ICMS Criminal ( District, Regional, High, Child Justice Courts ) - NPA Integration 
•	ICMS Civil ( Regional Courts) – Phase 1 
•	ICMS Civil ( District Courts) – Phase 2 
•	ICMS Civil ( High Courts) – Phase 2 
•	ICMS Small Claims (District Courts) – Phase 2 

The new projects that are being considered for implementation during the current financial year are as follows:

•	ICMS Masters Deceased Estates
•	ICMS Maintenance Courts
•	ICMS District and Regional Courts Criminal – IJS SAPS Docket Ready Integration
•	ICMS Lower Courts (District and Regional Courts) Criminal - IJS Case Outcome Integration
•	ICMS Criminal ( District, Regional, High, Child Justice Courts ) - NPA Integration 

A number of meetings were held to complete the User Requirement Specifications for these systems, as specified in the quarterly target.  However, final sign-off only took place in July 2011. Key project stakeholders were identified by the respective branches and a number of Project Scoping sessions were held. High Level project schedules were also compiled.

4.2	The target has been achieved with regards to the deployment of the system. At this stage, it is still difficult to determine the total number of courts that are actually utilising the system. However, the unit is working with ISM to develop the tool that will be able to provide accurate figures.
	
Strategic Objective 5: Increased percentage of outstanding Truth and Reconciliation Commission Victims who qualify for reparations per TRC recommendations
	
Performance Indicator
	Annual Target 
	Quarter1 Target	Actual Performance 	Status	
5.1	Number of outstanding living TRC victims given access to the President’s fund in terms of individual reparations.	250 of 373 reparations paid	50 of 373 reparations paid	0 of 373 reparations paid		
5.2	Number of rightful next-of-kin of outstanding 502 deceased TRC victims given access to the President’s Fund in terms of individual reparations.	250 of 502 reparations paid	50 of 502 reparations paid	0 of 502 reparations paid		
5.3	Number of regulations for providing assistance to the TRC victims gazetted.	2 (Education and Health)	25% progress	25% progress		
5.1	The department has undertaken to finalise individual reparation payments within the next two years. To speed this process up, a number of institutions were identified to assist with tracing of individuals. Using the IEC (Independent Electoral Commission) and SASSA (South African Social Security Agency) databases, 302 and 375 letters respectively were sent to beneficiaries.  There were 28 positive responses received from living beneficiaries. The target for the first quarter was not achieved due to a delayed verification process by the President's Fund Office which is currently under way prior to the payment.

5.2	The IEC and SASSA databases resulted in 20 positive responses from the next-of-kin of the deceased beneficiaries. The target for the first quarter was not achieved due to a delayed verification process by the President's Fund Office which is currently under way prior to the payment.

5.3	During the period under review, 3 sets of draft regulations were submitted for public comments, namely,
 
•	Regulations relating to assistance to victims in respect of Basic Education
•	Regulations relating to assistance to victims in respect of Higher Education and Training
•	Regulations relating to Medical Benefits for victims

The comments received are currently being evaluated. These regulations will assist with the disbursement of funds earmarked for Truth and Reconciliation Commission (TRC) victims.

	

PROGRAMME 2: COURT SERVICES
Purpose: To facilitate the resolution of criminal, civil and family law disputes through providing accessible, efficient and quality administrative support to the courts and manage court facilities.
Expenditure: 
On the overall, expenditure for the programme is at an acceptable level of 23.6%. The expenditure on Goods and Services is currently at 11, 3%, which is below par with the 25% norm after 3 months.  
Payments for Capital Assets is at 39,3% compared to the 25% standard. It is envisaged that there could be an overspending on this item taking into account the registered shortfalls.
Spending at Regional Offices is at around the 25% for the current quarter.
Subprogramme	Budget ‘000	Expenditure’000	% Actual Expenditure	
Constitutional Court	         117,061 	           16,219 	13.8%	
Supreme Court Of Appeal	           17,165 	             4,681 	27.3%	
High Courts	         283,502 	           79,848 	28.2%	
Specialised Courts	           31,136 	             8,848 	28.4%	
Lower Courts	      2,635,408 	         559,987 	21.2%	
Family Advocate	         112,160 	           23,647 	21.1%	
Magistrate's Commission	           10,599 	             1,931 	18.2%	
Government Motor Transport	           28,628 	             5,415 	18.9%	
Facilities Management	         759,391 	         240,841 	31.7%	
Administration Of Courts	         346,614 	           83,226 	24.0%	
TOTAL	      4,341,664 	      1,024,643 	23.6%	

Strategic Objectives:
Performance against the strategic objectives of this programme is detailed in the tables below.
Strategic Objective 6: Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
6.1 	Number of cluster reports finalised.	4 quarterly reports 	1	1		
As per prior arrangements within the Cluster, reports are submitted bi-annually. Thus, the first quarter report for 2011/12 will be submitted in Quarter 2, 2011. Currently, the fourth quarter report, 2010/11 has been submitted. A report has also been prepared for FOSAD.	

Strategic Objective 7: Improved finalisation of activities in support of outputs of Outcome 3.	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
7.1	Number of cases on the backlog roll.	37 035	37 602	38 585		
There was mixed results in the past quarter in relation to this KPI.  The target in relation to the backlog cases is to reduce the number of long outstanding cases on the court rolls. On the positive side there was a marked decrease in the number of outstanding cases from 218 660 to 197 391 outstanding cases (from March 2011 to the end of June 2011).  
However, the specific backlog target in the reduction of case backlogs for the first quarter of 2011 (backlog reduction to 37 602 backlog cases) was not met as a result of the slight increase of case backlogs from 37 034 to 38 585 backlog cases (1551 cases).  

Backlog cases are viewed as all those cases on the outstanding criminal case roll longer than 6 months on the District court roll, 9 months on the Regional Court roll and 12 months on the High Court roll. The baseline set in the Justice Crime Prevention and Security (JCPS) Cluster Delivery Agreement, signed on 24 October 2010, is the 2008/09 financial year’s backlog status of 42 682 backlog cases.  The target is to reduce that number of backlogs by 10% over the MTSF period from the 42 682 baseline figure to 38 414 by 2014 (which translates to a 2% reduction per annum, and a 0,5% reduction per quarter). 
	
Progress during 2011 in the reduction of criminal case backlogs is illustrated in the following tables:
Backlog and Outstanding Cases:31 March 2011	
	Outstanding Cases	Backlog Cases	Backlog cases removed on Backlog Project	
District Courts	164 729	19 792	 8915
(April 2010 – March 2011) 	
Regional Courts	52 756	16 875	8111
 (April 2010 – March 2011)  	
High Courts	1175	367	Not applicable	

Total	218 660	37 034	17 026
(April 2010 – March 2011)	
Backlog and Outstanding Cases:30 June 2011	
	Outstanding Cases	Backlog Cases	Backlog cases removed on Backlog Project	
District Courts	144 530	20 410	3166 
(April 2011 – June 2011) 	
Regional Courts	51 521	17 785	2035 
 (April 2011 – June 2011)   	
High Courts	1340	390	Not applicable	

Total	197 391	38 585	5201
(April 2011 – June 2011)	

The above tables illustrates that there has been a slight increase in the backlog numbers for all 3 court levels (district, regional and high court level) between March 2011 and the end of June 2011:
•	District Courts:  From 19 792 to 20 410 which is a 3.1 % increase (618 cases).
•	Regional Courts: From 16 875 to 17 785 which is a 5.3 % increase (910 cases).
•	High Courts: From 367 to 390 which is a 6.2% increase (23 cases).
Both the District and Regional Courts showed a decrease in outstanding cases:
•	District Courts:  From 164 729 to 144 530 which is a 12.2% decrease (20 199 cases).
•	Regional Courts: From 52 756 to 51 521 which is a 2.3% decrease (1235 cases).
•	The High courts had a small increase in outstanding cases from 1 175 to 1 340 (165 cases).

Strategic Objective 8: Improved delivery of maintenance services.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
8.1	Percentage implementation of the approved Maintenance Turnaround Project by target date.	100% of the year plan by 31st March 2012	10%	10%		
The Maintenance Turnaround Strategy concept document was drafted and consulted upon in a workshop held with Regional Heads in May 2011. The strategy will be presented to EXCO as soon as the date is allocated. The project is on track with the following completed:
a)	Annual Action Plan drafted with the Provincial Task Team and submitted for approval.
b)	Project Office set up within the Chief Directorate: Protection of the Rights of the Vulnerable Groups
c)	9 courts have been identified by the Regional Offices as pilot project sites and a National and Regional Office Task Team will visit these courts for resource assessment during the week of the 4th to the 8th July 2011. 
d)	Contract appointment of 38 additional Maintenance Investigators and 9 Legal Admin Officers for the management of maintenance complaints, have been approved. The Regional Offices have commenced with the advertisements. Request to appoint 30 additional maintenance officers has been submitted to HR. 

Strategic Objective 9: Increased protection of the rights of vulnerable groups.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
9.1	Percentage completion of the IDP as an activity of the implementation of Criminal Law (Sexual Offences and Related Matters) Amendment Act.	Activity 3 of 4 completed 
100%	10%	10%

9.2	Percentage utilisation of the NRSO by the courts (Phase 1)	70%	15%	79%		
9.3	Percentage completion of implementation of NRSO (Phase 2)	40%	10%	10%		
9.4	Number of additional one-stop Child Justice Centres.	2	Consultations on the proposed Child Justice Centres 	Consultative meetings completed		
9.5	Completion of Draft National Policy Framework on Prevention and Combating of Trafficking in Persons	30%	7%	5%		
9.6	Percentage of family law cases finalised.	33%	33%	17.8%		
9.7	Finalisation of approved legislative and policy priorities for vulnerable groups per year.	100% completion of annual plan	100% of quarterly plan	100% of quarterly plan		
9.1	The Sexual Offences National Policy Framework (NPF), which includes the Interdepartmental Plan (IDP) was adopted by Minister of Justice in consultation with other JCPS Cluster Ministers and was tabled in Parliament in May 2011. This document was presented to the Justice Portfolio Committee in June 2011. A recommendation was made to further consult with the non-governmental organisations and the department has already initiated a consultative process with Commission for Gender Equality and Tshwaranang Legal Advocacy Centre to address this matter.  

9.2	There were 389 convictions for sexual offences involving children and the mentally handicapped people. Of these cases, 308 were correctly registered on the ICMS NRSO and 81 were manually faxed and emailed. The percentage usage of the ICMS NRSO for the first quarter was 79%, ahead of the annual target.  

9.3	An action plan to fast-track the implementation of Phase 2 of the National Register for Sexual Offences, which entails the capturing of historical records of sexual offenders, was developed for the period under review. The Data Information Exchange Agreement between DoJ&CD, South African Police Services, Department of Correctional Services and the Department of Health was also developed to facilitate the exchange of information between stakeholder departments.

9.4	Consultative and information meetings have been held with respect to the designation of additional One-Stop Child Justice Centres (OSCJC) and inputs from the Provincial Fora and business plans were received. These sessions were utilised for detailing the OSCJC Guidelines, the needs analysis, the business plan, the formation of a steering committee, what underlying documentation would be required and the intersectoral approach of the OSCJC, among others. Proposal will be submitted to DG’s Intersectoral Committee on Child Justice for approval of the 2 recommended sites for designation.

9.5	Three working sessions were conducted with the Trafficking in Persons Interdepartmental Committee that led to the development of the Information Management Tool. This tool is intended to inform the process of developing the discussion document in preparation for the drafting of the Trafficking in Persons National Policy Framework, once the Bill is promulgated. The development of the Frontline Services Guide on Managing Human Trafficking and Related Crimes was reviewed and finalised. The process of establishing and capacitating the sub-directorate of TIP is still underway. The Prevention and Combating of Trafficking in Persons Bill is still being debated by the Portfolio Committee in Parliament. 

9.6	During April and May 2011, 4111 Family Advocate cases were pending, with 893 finalised, –and this translates into 17.8% finalisation for the quarter under review. The target was not reached due to high volume of cases arising from new legislation which extended the Family Advocate responsibilities under the Regional Courts’ Jurisdiction Amendment Act and the entire Children’s Courts in terms of the Children’s Act.  

9.7	The progress with regard to the finalisation of approved legislation and policy priorities for vulnerable groups is as follows:

•	The Prevention and Combating of Trafficking in Persons Bill is still currently being debated in the Portfolio Committee in Parliament.  It is at an advanced stage.  The target of having regulations finalised by March 2012 is still achievable.

•	The Protection from Harassment Bill was approved by the Portfolio Committee in June 2011.  The National Assembly will consider the Bill after Parliament reconvenes in August 2011.  The target of having regulations finalised by March 2012 is on track.

•	The Muslim Marriages Bill was, with the approval of Cabinet, published in the Government Gazette for comments.  The expiry date for comments was 31 May 2011.  Comments are being evaluated.  The target of tabling the Bill in Parliament by March 2012 is on track.

•	The Chief Directorate:  Constitutional Development is developing a policy framework with the assistance of the Foundation for Human Rights.  The policy framework will inform the contents of the Bill.  Once the policy framework has been finalised and approved by the Minister, the Bill will be finalised and submitted to the Minister for submission to Cabinet.  Cabinet will be requested to approve that the Bill be subjected to a broad consultation process.  The target of tabling the Bill in Parliament by March 2012 is on track.

•	The advisory committee member assisting the researcher with the drafting of the proposed Assisted Decision-making Bill commented on 20 April 2011 on the Bill and explanatory notes that had been submitted to her on 31 March 2011 for comment.  Amendments effected to the Bill as a result of the advisory committee member’s comments were considered in a working session with her on 26 May 2011.  The proposed draft Bill and explanatory notes on the Bill are being finalised for submission to the project leader for consideration and comment.  The activity is still on track for submission of the report to the SA Law Reform Commission by the target date.

•	Amendments to the rules were drafted and approved by the High Court Committee meeting of 4 March 2011.  The rule amendments were circulated to role-players for comment with the closing date for comments as 31 May 2011   The Committee met again on 10 June 2011.  More comments have since been received, which will be circulated to committee members for the next committee meeting scheduled for October 2011.  The activity is still on track for submission of the draft rule amendments to the Rules Board by the target date.
	
Strategic Objective 10: Increased access to justice services by under-serviced communities.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
10.1	Number of new court buildings completed.	3 
Katlehong, 
Kagiso and 
Tsakane	Monitor progress
	Site meetings held on continuous bases for both Kagiso and Katlehong Magistrate Courts.		
10.2	Number of the 24 branch courts converted to full-service courts.	19 of the 24 	16 of 24	15 of 24 (no new conversions were gazetted)		
10.3	Percentage completion of the process of alignment of magisterial district boundaries with local municipal boundaries.	60%	45 %	35 %
		
10.4	Establishment of a Small Claims Court in every Magisterial District.	30
	5	2 		
10.5	Number of communication activities implemented in support of departmental priorities.	11	2 	1		
10.6	Number of communication activities implemented in line with the communication strategy.	13	3	2		
10.1	 The Department of Public Works is in the process of approving required additional funds for Tsakane Magistrate Court. A replacement contractor has been appointed for Kagiso Magistrate Court due to non-performance by the original contractor. These courts will be finalised as planned. 

10.2	 Out of the existing 90 Branch Courts, 24 were identified for conversion into full services courts. 15 of the identified 24   Branch Courts were converted into full services courts with effect from 9 August 2009. A report on the readiness of an additional 4 Branch Courts (Mamelodi and Atteridgeville (Gauteng), Northam (Limpopo) and Ntuzuma (KwaZulu Natal) has been finalised. A Ministerial memorandum requesting the Minister to approve and proclaim the conversion of the 4 Branch Courts into full services courts was submitted with an effective date of 9 August 2011. 

10.3	 Draft maps depicting the proposed areas of the lower courts were finalised by the external service provider and the   Municipal Demarcation Board. 

10.4	 During the period under review, two new Small Claims Courts, namely, Kathu (Northern Cape) and Cathcart (Eastern Cape) were established and proclamations were gazetted on 3 June (Government Gazette No. 477).  By the end of July 2011, it is expected that an additional 8 new Small Claims Courts will have been established. 

10.5	 Existing publications and information about the Masters’ is being evaluated, updated and rebranded. During the period under review, the Director General addressed the staff on 27 June 2011. This was done as part of the evaluation of previous initiatives, repositioning and staff engagement activity of the Department. 

10.6	 During the period under review, the Department commemorated Child Protection Week. The Children’s Act Frequently Asked Questions, webpage and booklet were published on 30 May 2011. 

A television series called ‘Final Verdict’’ has been broadcast on SABC 2 on Saturdays since the 4th of June. This is part of the overall 'Jwayela I Justice' campaign to improve the image of the department and to increase awareness of justice services to communities. 

As part of bringing justice services to communities, the Department hosted a ceremony on the signing of Small Claims Court. The Small Claims Court project is regarded as a high priority project to bring affordable justice to all.  The Department further opened the Galeshewe Magistrate Office during the quarter under review. The official opening ceremony of the court was an opportunity to raise awareness of justice services in the community.

	
Strategic Objective 11: Improved functionality of justice service points.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
11.1	Number of priority courts improved through RAMP.	4	1	0		
11.2	Number of priority courts to which the integrated security system is rolled out.	50	5	5		
11.3	Number of safety and security incidents.	110	30	27		
11.4	Implementation of the business continuity programme in each region.	1 region 	25% completion 	25%		
11.1 All RAMP projects are currently on maintenance phase on a 3-year contract. Due to budget constraints, there are no new RAMP projects under construction phase.
11.2 Security installations were completed in Bloemfontein, Witbank, Verulam, Douglas and Ga-Rankuwa during the period under review. Stock has been delivered and installations are currently running at 43 sites. Seven heritage approvals remain a challenge together with availability of DOJCD-appointed control room operators.
11.3 The department continues to assess the investment made in the improvement of security by monitoring the number of security incidents around the country. A drop in security incidents from 140 in the 2010/11 financial year to 110 in 2011/12 was targeted. For the first quarter, 27 incidents (below 30) were recorded. Although the quarterly target has been achieved, the figures are undergoing a thorough validation process. 
11.4 Half of engagement with stakeholders was completed as planned. For the second quarter, engagement with the remaining areas (Facilities Unit, National Intelligence Agency, among others) will be concluded.	

Strategic Objective 12: Improved delivery of services at the courts.
	
Performance Indicator
	Annual Target 
	Quarter1 Target	Actual Performance 	Status	
12.1	Approval of key quasi-judicial indicators and baselines.	Dec 2011	25%	0%		
12.2	Percentage of Presidential Hotline cases finalised within 30 days.	80%	70%	70.75% 		
12.1 Work for this project has not yet begun. The project has been allocated to champion and will be fast tracked in the second quarter.
 12.2 During the period under review, the department exceeded the target by 0.75%.  This represents a major increase in case finalisation from the fourth quarter of 2010/11 where case finalisation stood at 59%.	

PROGRAMME 3: STATE LEGAL SERVICES

Purpose: To provide legal and legislative services to government, supervise the administration of deceased and   insolvent estates as well as the liquidation of juristic persons, registration of trusts and management of Guardian’s Fund.
Expenditure: 
Spending on state legal services is lower than average at 20.8% due to the pending restructuring and the move by a number of branches to the SALU building. It is envisaged that spending will increase once all activities that have been put on hold resume.
Subprogramme	Budget ‘000	Expenditure’000	% Actual Expenditure	
State Law Advisors	           48,133 	           10,846 	22.5%	
Litigation And Legal Services	         257,695 	           58,459 	
22.7%	
Legislative Development And Law Reform	           55,806 	             8,636 	
15.5%	
Master Of The High Court	         324,361 	           75,102 	23.2%	
Constitutional Development	           64,657 	             2,957 	4.6%	
TOTAL	         750,652 	         156,000 	20.8%	

Strategic Objectives:
Performance against the strategic objectives of this programme is detailed in the tables below.
Strategic Objective 13: Improved service delivery at the Master’s service points.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
13.1	Implement a project to develop ICMS modules to enhance service delivery.	100% completion 	25%	25%		
13.2	Provision of up-to-date Insolvency Practitioner to the public.	100% completion 	25%	25%		
13.3	Tabling of the Insolvency Bill to parliament by target date.	March 2012	
-	
-		
13.1 and 13.2 User Requirements Definition for ICMS Deceased Estates and Insolvency practitioners has been concluded. The objectives of these projects are to further enhance the offering of the Masters for improved service delivery.
13.3 Progress has not been made in the Insolvency Bill legislation.	

Strategic Objective 14: Increased efficiency in the provision of services to beneficiaries of the Guardian’s Fund, trusts, insolvent and deceased estates.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
14.1	Percentage of large estates (> R 125 000) administered to a stage where heirs and creditors could receive their dues within 12 months.	90%	90%	34,2%		
14.2	Percentage of small estates (<R 125 000) where creditors and heirs are placed in a position to obtain their dues within 4 months.	90%	90%	91,2%		
14.3	Percentage of beneficiaries in receipt of services within 40 days (Guardian Fund).	90%	90%	87,8%		
14.4	Percentage of liquidation cases finalised within 15 months of registration.	90%	90%	4,6%		
14.5	Percentage of insolvency cases finalised within 15 months of registration.	90%	90%	5.7%		
14.6	Turnaround time for finalisation of Trusts (14-days)	90%	90%	95.6%		

14.1 Out of a total of 7659 matters finalised during the first quarter, 2621 were finalised within 12 months. The finalisation is in the hands of executors who often have difficulties getting final documentation. e.g.  Waiting for a firearm license to be approved or a court case to be finalised even disagreements amongst beneficiaries. Moreover, some assets may be difficult to sell or deal with.
 
14.2 Out of 16679 matters finalised during the first quarter, 15221 were finalised within 4 months.  Similarly, The finalisation is in the hands of executors. 
 
14.3 Out of 12438 applications received during the first quarter, 10915 were finalised beyond the 40-day time frame target. The delays were caused by incomplete documents and the unavailability of source documents to verify the correctness of the claims  

14.4 Out of 3214 matters, 147 were finalised within 15 months. However, not all office made a distinction between Liquidation and Insolvency matters over the last 15 months. The report and statistics templates have been amended accordingly but will have a phase-in period, as this is for a  period going back 15 months

14.5 Out of 1118 matters, 64 were finalised within 15 months. However, not all office made a distinction between Liquidation and Insolvency matters over the last 15 months. The report and statistics templates have been amended accordingly but will have a phase-in period, as this is for a period going back 15 months

14.6 A total number of 5580 Trusts were registered and 5332 appointments issued within the 14 day timeframe.	
Strategic Objective 15: Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.	
Performance Indicator
	Annual Target 	Quarter 1 Target	Actual Performance 	Status	
15.1	Percentage implementation of the project for improved access to justice, including restorative justice mechanisms for vulnerable and marginalised groups.	100%	48%	76% 
		
15.2	Percentage implementation of the project to increase awareness and knowledge of constitutional rights for vulnerable and marginalised groups.	100%	47%	75%
		
15.3	Percentage implementation of the project to enhance participatory democracy through public policy dialogue and strengthening the capacity of community-based organisations	100%	50%	78%
		
15.4	Number of activities towards the improvement in PAJA implementation.	7	1	1		
15.5	Tabling and Implementation of the National Action Plan (NAP) for strengthening national cohesion by promoting programmes aimed at eliminating all forms of racism, racial discrimination, xenophobia and related intolerance.	NAP Tabled 	25% completion of the NAP	20%		
15.6	Development of Policy Framework for Hate Crimes Legislation.	4 for the year 	1	1		
15.1	 Under this project, 18 new Community Advice Centres have been opened in townships and rural areas to support the community on advice regarding justice matters. During the period under review, 3 594 cases were referred for restorative justice (alternative justice resolution), ahead of target.

15.2	 This project includes promotion of PEPUDA (Promotion of Equality and Prevention of Unfair Discrimination Act) and the planning for this project was completed during the period under review. Overall, this project is ahead of target.

15.3	 Service Level Agreements with 40 community-based organisations have been concluded. These organisations assist the department by implementing implement constitutional rights programmes. Over 10 000 members of vulnerable groups and asylum seekers have benefited from this project. 

15.4	 Over 900 community based organisations have benefited from capacity building projects under this project. In addition, 183 community-based organisations have participated in public dialogue sessions. This project is ahead of target.

15.4  First meeting of the Intersectoral Working Group held on 11 May 2011 and the following documents were adopted with amendments: 
•	Strategy for the Implementation of the PAJA.
•	Terms of reference for the Intersectoral Working Group developed. 
•	The draft Flowchart for the Implementation of PAJA in pilot institutions 
•	Second meeting of IWG held on 14 June 2011, revised documents including high level implementation plan.
•	The target for the first quarter has been achieved.

15.5	 Three activities were completed. The National Action Plan  Steering Committee met on 21 June  2011 and the following  resolutions were taken:

•	Task team to be established in support of the preparations for  10th anniversary of World Conference Against Racism (WCAR);
•	Political principals to be briefed  and convening the Interministerial Committee (IMC) on the 10th anniversary of the WCAR and the NAP process;
•	DoJ&CD to develop and coordinate an overall Project Plan in preparation for the 10th Anniversary of the WCAR;
•	GCIS and International Marketing Council to lead the process of the development of the dynamic audiovisual material capturing the above;
•	The NAP to constitute part of the government’s overall work on entrenching racial equality in SA with a view to deposit the NAP in the UN on 21 March 2012;
•	The DG was briefed on 27 June 2011 and further guidance was requested. DG requested an urgent meeting with DG-Department of International Relations and Co-Operations (DIRCO) to discuss the further developments.

15.6	 Target achieved, one planned activity completed. Research on development of Hate Speech and Hate Crime including an international comparative study has been conducted
	
Strategic Objective 16: Improved provision of legal services to the state organs.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
16.1	Increased number of briefs in value to be allocated to PDIs.	70%	70%	74%		
16.2	Reduction of legal costs against the state by target date.	15% decrease	15% decrease	10% increase		
16.3	Percentage of complicated legal opinions finalised within 15 days of their date of entry.	70%	70%	51%		
16.4	Percentage of preliminary opinions on draft bills for cabinet’s consideration completed within 15 days.	85%	85%	59%		
16.5	Percentage of Bills and other legislative instruments scrutinised or certified within 20 days of receipt.	85%	85%	38%		
16.6	Percentage of translations finalised within stipulated days.	100% within 65 days 	100%	100%		
16.7	Quarterly reports on PAIA Compliance completed within stipulated time frames.	-	Quarter 1 report within 2 months	0		
16.8	Level of compliance with PAIA by DOJCD.	Full compliance 	100%	46%		
16.9	Reduction in turnaround time for preparation and approval of requests for extradition (notification) and mutual legal assistance in criminal matters.	100% within 3 weeks 	100%	96.15%		
16.10	Completion of the Litigation Management Blueprint.	Finalised document 	25%	25%		
16.1	The targets of 72% and 76% were attained for April and May. Statistics for the CLO branch are only available a month after the period for which the statistics are required, hence June 2011 stats are not yet available. The statistics have also not been verified, and the process of verification is currently underway. However, in both months the target of 70% was exceeded by 0.4%. This also shows improvement from last year’s figure of 69% achieved in the last quarter. 

16.2	 The target of achieving a 15% reduction will not be met. There has already been an increase of 10% in Departmental legal costs, excluding the statistics for June 2011, which is yet to be compiled. The amount incurred for legal costs for the NPA and the DOJCD for the first two months of this quarter is R5 681 219. During the first quarter of 2010, expenditure was at R 4 628 540. These figures indicate that the branch is behind with reducing the costs for the state. Rising legal costs are still a cause for concern, despite the fact that the amount of litigation against the Department and NPA has increased.

16.3	 During the period under review, a total of 81 requests for legal opinions were received, out of which 41 were finalised. Target was not achieved due to new approach adopted and the tight time frames which law advisers are trying to adhere to. The approach was established to ensure that the office provides opinions of the highest quality in terms of constitutionality and compliance with the domestic law.

16.4	 During the period under review, there were 17 preliminary opinions on draft bills, out of which 10 were finalised.

16.5	 During the period under review, a total of 73 Bills and other legislative instruments were received and 28 were finalised. There has been an improvement in the manner in which the international agreements are attended to.  

16.6	 To this end the Office of the Chief State Law Adviser endeavours to identify the domestic laws relevant to each international agreement and comprehensively discuss and alert clients to the implications  of such laws, laws which if not adhered to will render the international agreement in conflict with law of the Republic.

16.7	 The report is due by the end of the second quarter. The Department is still awaiting statistics that reflects the number of public bodies that submitted section 32 from the South African Human Rights Commission.

16.8	 With regard to MLA and Service of Process requests the Department must rely on a number of other role players (NPA, SAPS, and Interpol) to assist in the execution of the requests. It is therefore impossible to "Finalise" within 60 days as per the Annual Performance Plan.

16.9	 A total of 25 out of 26 requests (new) notifications were approved. 

16.1	0 The State Litigation Management Forum was convened in February 2011 to finalise the draft Framework. Further work was undertaken and several changes were made to the Framework, which was finalised in April 2011. However, given current endeavours to restructure state legal services in its entirety, and further envisaged changes to structures rendering state legal services, the Framework will have to be amended in line with these proposed changes. These changes will be effected concurrently with proposed changes to state legal services. Once the changes are effected, consultation with client Department’s will commence with a view to implementing the Framework and signing Service Level Agreements
	
Strategic Objective 17: Improved policy and legislative framework for effective and efficient delivery of justice services.
	
Performance Indicator
	Annual Target 
	Quarter 1 Target	Actual Performance 	Status	
17.1	Policy Framework on the transformation of the Judiciary and the Rationalisation of the Superior Courts approved by Cabinet.	100%	25%	21%		
17.2	Rationalisation of the Lower Courts’ Areas of Jurisdiction Blue Print approved by Cabinet.	100%	25%	15%		
17.3	Review of the Policy Framework for the alignment of Traditional Courts with the Constitution.	100%	25%	15%		
17.4	Policy Framework on the Transformation of the Legal Profession.	100%	25%	20%		
17.5	Percentage on the completion of the Civil Justice Review.	100%	25%	20%		
17.6	Percentage of legislative instruments completed by target date.	100%	100%	87%		

17.1	A draft Policy Framework on the Transformation of the Judiciary has been drafted. The Report focuses on aspects of judicial administration and the rationalisation of the courts.   The Chief Justice, following his discussion with the Minister, has also initiated a process through which the judiciary is undertaking research to enable it to make a well-considered view, in particular with regard to court administration. The views off the judiciary will be factored into the Final Report and thereafter the Report will be processed through necessary approval stages.  The Report will form the basis of the draft Bill that will be promoted with Cabinet.  In the interim, a framework for the rationalisation of the Superior Courts is being developed as part of the implementation plan for the Superior Courts Bill.   The Framework will be finalised during the next quarter ahead  of the enactment of the Superior Courts Bill

17.2	Completed the research and compiled a draft Discussion Document on the rationalisation of the areas of jurisdiction of the Lower Courts.  Inputs of the Magistrates Commission have on the Bill been invited and the Document will be processed through the relevant governance structures and thereafter to Cabinet for approval. 

17.3	  The Policy Framework on the alignment of the Traditional Justice System with the Constitution, which was approved by Cabinet in 2008 and which forms the basis of the Traditional Courts Bill is being finalised  to address the concerns raised during the public hearings on the Bill.  Consultations with the Institute of Traditional Leadership including the National House of Traditional Leaders and the Department of Traditional Affairs on the principles that require revision in the Policy Framework are also on-going and a series of workshops have been arranged to obtain the views of the stakeholders in this regard.  The received views will be factored into the Policy Framework and the Traditional Courts Bill.  In the meant time the Traditional Courts Bill has been withdrawn from the National Assembly and will be introduced in the National Council of Provinces in view of the fact that matters of traditional affairs are within the National and Provincial legislative competence.   The Revised Policy Framework and the revised Bill will be discussed to the joint meeting of the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Development which is being arranged by both Committees. 

17.4	 The draft Policy Framework on the Transformation of the Legal Profession is being finalised and consultations with the legal profession will take place soon after the finalisation of the Report.  Some of the key principles that underpin the transformation of the Legal Profession are contained in the Legal Practice Bill which will be introduced shortly. Principles in respect of which there is no unanimity will be dealt with as part of the process that will be undertaken by the Transitional Legal Practice Council proposed in the Legal Practice Bill.   The final draft will be submitted to the Minister for approval upon consideration of the views of the legal profession and stakeholders.   The Policy Framework will then be submitted to Cabinet to seek approval of the policy position in respect of the principles that will be dealt with by the Transitional Legal Council mentioned above. 

A dedicated research team has been established to work on the priority areas of the review including the initiation of court based mediation. A draft rule has been prepared to facilitate the pilot court based mediation in the selected courts. The draft rule will be discussed at the Access to Justice Conference. A memorandum has been submitted for approval to create adequate capacity for the Civil Justice Project.  

In view of capacity challenges currently experienced in the Policy Unit the first quarter target could not be achieved fully.  A memorandum requesting the creation of adequate capacity for the Civil Justice Review Project has been approved by the Director General and will certainly enhance our capacity to perfume in this regard.

17.5	 Progress against legislative instruments is as follows:

Amendment of the National Prosecuting Authority Act:
The National Prosecuting Authority Amendment Bill is being finalised in conjunction with the Office of the NDPP.  The Bill is to be submitted to the Minister during July 2011 for consideration and approval to consult on a broader basis.  At this stage, the target date of August 2011 for the tabling of the Bill in Parliament might be tight.  Every effort will be made to comply with the target date.

Alignment of the South African Human Rights with the Constitution:
Although the South African Human Rights Commission Amendment Bill has been prepared, further comments from the SAHRC were only received late in June 2011.  The Bill is being adapted in line with the comments received.  It is doubted that the Bill can be tabled in Parliament by the target date of July 2011.  Every effort will be made to table the Bill in Parliament as soon as possible thereafter.

Review of departmental statutes:
The activity on the review of departmental statutes is on target, and the progress is reflected as follows:

•	Basic Education: On 14 May 2011 the Commission approved Discussion Paper 125 for publication for general information and public comment. Communications: On 14 May 2011 the Commission approved Discussion Paper 122 for publication for general information and public comment.

•	Defence & Military Veterans: On 14 May 2011 the Commission approved Discussion Paper 123 for publication for general information and public comment.

•	Mineral Resources: On 14 May 2011 the Commission approved Discussion Paper 124 for publication for general information and public comment. Justice and Constitutional Development: Consultation Paper One dealing with legislation pertaining to the legal professions, courts and institutions, civil procedure and evidence, substantive criminal law, substantive civil law, wills, estates and insolvency, constitutional and political legislation were submitted to the project leaders of the investigation on 11 April 2011 for consideration and comment.  Their comment is awaited.

•	Justice and Constitutional Development: Consultation Paper Three dealing with legislation pertaining to criminal procedure was submitted to the DOCJD for comment on 21 June 2011. The State Liability Amendment Bill was approved by the National Assembly and the Select Committee on Security and Constitutional Development in June 2011.  The Bill is scheduled to be considered by the NCOP before the Constitutional Court deadline of 31 August 2011 and will be in operation by that date.

•	Justice and Constitutional Development: Consultation Paper Three dealing with legislation pertaining to criminal procedure was submitted to the DOCJD for comment on 21 June 2011.

The State Liability Amendment Bill: 
The Bill was approved by the National Assembly and the Select Committee on Security and Constitutional Development in June 2011.  The Bill is scheduled to be considered by the NCOP before the Constitutional Court deadline of 31 August 2011 and will be in operation by that date.

The Sheriffs Amendment Bill:
The Bill was prepared and submitted to the Minister at the end of 2010.  The Minister indicated that he wants a briefing on the Bill and proposed amending regulations.  The target date of June 2011 for the tabling of the Bill in Parliament has not been met.  The Bill will be further promoted once the Minister has approved it.  The intention is to enact the Bill into law before the term of the current Board for Sheriffs expires in November 2011.

Legal Aid Bill:
Although the Legal Aid Bill has been prepared, further comments from LASA were received in May 2011.  The Bill is being adapted in line with the comments received.  A further round of consultation with LASA will be scheduled before the Bill is submitted to the Minister for consideration. The target of tabling the Bill in Parliament by March 2012 is still achievable.

The Prevention and Combating of Torture Bill:
The  Bill and covering memorandum were submitted to the Minister in June 2011, requesting his approval to consult with the Minister of Police, where after a broad consultation process is envisaged if Cabinet so approves. The target of tabling the Bill in Parliament by March 2012 is still achievable.

A Criminal Procedure Amendment Bill:
This Bill deals with the right to silence, out-of-court settlements and the right of prosecution to appeal on questions of fact is being prepared.  The target of tabling the Bill in Parliament by March 2012 is still achievable.

The Superior Courts Bill and accompanying Constitution Amendment Bill:
These two Bills were tabled in Parliament in June 2011.  The Department briefed the Portfolio Committee on the Bills in June 2011.

Legal Practice Bill:
The target date of May 2011 for tabling the Legal Practice Bill in Parliament has not been met.  It is planned to table the Bill in Parliament during July 2011.  Last minute engagement with the legal profession in order to achieve consensus on aspects which do not impact on the policy contained in the Bill approved by Cabinet required further adaptations to the Bill.  The consultation process was facilitated by the Department in conjunction with the State Law Advisers during the certification process.

Criminal Procedure Amendment Bill:
The Department briefed the Portfolio Committee on the Criminal Procedure Amendment Bill during the first quarter.  The target date of implementing the Bill by December 2011 is dependent on the Parliamentary programme.

The Protection of Personal Information Bill:
This Bill is currently being considered by the Portfolio Committee. The target date of implementing the Bill by March 2012 is dependent on the Parliamentary programme. This target is still on track.
 
High Court Rule 31(5): 
In April 2011 the Constitutional Court in the Gundwana judgement declared High Court Rule 31(5) unconstitutional.  The High Court Committee has drafted a rule amendment to give effect to the judgement.  A practice note was issued on this rule by Mojapelo DJP in the Gauteng South High Court in the same month.  A decision of the full bench to give direction on a practice directive is pending.  The rule amendment will then be aligned with the decision of the full bench. The activity is still on track for submission of the draft rule amendments to the Rules Board by the target date.

Review of scale and cost of fees for Magistrate Courts:
The Cost Committee has recommended a draft tariff based on the existing highest Magistrates’ Court scale tariff plus 30%.  The Rules Board is in consultation with role players to agree on a new tariff. The activity is still on track for submission of the draft rule amendments to the Rules Board by the target date.

Abbreviations and Acronyms
CARA	Criminal Assets Recovery Account
CFO	Chief Financial Officer
CJS	Criminal justice system
CJSR	Criminal Justice System Review
CLO	Chief Litigation Officer
CSO	Civil society organisation
DBAC	Departmental Bid Allocation Committee
DCS	Department of Correctional Services
DG ISC	Directors-General Intersectoral Committee
DIRCO   Department of International Relations and Cooperation
DPSA      Department of Public Service and Administration
DPW       Department of Public Works
DSD	Department of Social Development
ENE	Estimates of National Expenditure
EXCO	Executive Committee
FHR	Foundation for Human Rights
FOSAD	Forum of South African Directors-General
ICMS	Integrated Case Management System
IDC	Interdepartmental Committee
IJS	Integrated justice system
IMC	Interministerial Committee
ISC	Intersectoral Committee
ISCCJ	Intersectoral Steering Committee on Child Justice
ISM	Information and System Management 
IWG	Intersectoral Working Group
JCPS	Justice, Crime Prevention and Security (Cluster)
JDAS	Justice Deposit Account System
KPI	Key performance indicator
LASA	Legal Aid South Africa
MTEF	Medium-term Expenditure Framework
MTSF	Medium-term Strategic Framework
NAP	National Action Plan
NCOP	National Council of Provinces
NGO	non-governmental organisation
NPA	National Prosecuting Authority
NRSO	National Register for Sex Offenders
OCJ	Office of the Chief Justice
OCJSR	Office for Criminal Justice System Reform
OCSLA	Office of the Chief State Law Advisor
ODG	Office of the Director-General
PAIA	Promotion of Access to Information Act
PAJA	Promotion of Administrative Justice Act
PDI	Previously disadvantaged individual
PEPUDA	Promotion of Equality and Prevention of Unfair Discrimination Act
PFMA	Public Finance Management Act
RAMP	Repair and Maintenance Programme 
SAHRC	South African Human Rights Commission
SAJEI 	South African Judicial Education Institute
SALRC	South African Law Reform Commission
SAPS	South African Police Service
SCM	Supply chain management
SITA	State Information Technology Agency
SLA	Service level agreement
TPF	Third Party Fund
TRC	Truth and Reconciliation Commission
WCAR	World Conference Against Racism