ATC130528: Report of the Portfolio Committee on Justice and Constitutional Development on Budget Vote 24: Justice and Constitutional Development, dated 28 May 2013
Justice and Correctional Services
Report of the Portfolio Committee on Justice and
Constitutional Development on Budget Vote 24: Justice and Constitutional
Development, dated 28 May 2013
The Portfolio Committee on
Justice and Constitutional Development, having considered Budget Vote 24:
Justice and Constitutional Development, reports as follows:
1.
Introduction
1.1.
The Budget Vote 24: Justice and Constitutional
Development comprises five programmes, as well as a direct charge for
magistrates and judges salaries. The Department of Justice and Constitutional
Development is directly responsible for the Administration, Court Services and
State Legal Services programmes. Programme 4 is the allocation to the National
Prosecuting Authority (NPA). Although the Director-General: Justice and
Constitutional Development remains its accounting officer, the NPA accounts
separately for its spending. Programme 5 contains allocations to various auxiliary
services, including transfer payments to: Legal Aid
1.2.
The Committee recently expressed a need to canvas
the publics views on performance to allow it to better evaluate the
Departments delivery on its mandate. Although the sentiment was expressed in
the context of evaluating annual performance, as well as forward funding needs,
the importance of facilitating public participation applies equally in this
context. This year, for the first time, the Committee advertised for written
submissions on the budget allocation for Justice and Constitutional
Development. The advert was accompanied by targeted invitations to organisations
active in the field. That the Committee received only two written submissions
was disappointing: it would have been useful to have had input from key
stakeholders, particularly from the legal profession. The Committee, therefore,
urges role-players to take up the opportunity to participate in future. Although
Civil Society Prison Reform Initiative (CSPRI) indicated that it did not wish
to make an oral submission, Shukumisa Campaign, which has 29 member
organisations, appeared on 17 April 2013. Shukumisa provided the Committee with
valuable input on the Department and NPAs planning and budget relating to
sexual offences.
1.3.
On 26 March 2013, the Office of the Auditor-General
made a presentation to the Committee on predetermined objectives and
performance auditing as part of the Committees preparations for the budget
hearings and consideration of strategic and annual performance plans.
1.4.
The Department of Justice and Constitutional
Development, the National Prosecuting Authority, Legal Aid South
1.5.
The briefings took place as follows:
·
Department of
Justice and Constitutional Development 18 and 19 April 2013.
·
Legal Aid
·
National
Prosecuting Authority 23 April 2013.
·
Special
Investigating Unit -24 April 2013.
·
South African
Human Rights Commission 30 April 2012.
·
Public Protector
2 May 2013.
·
Office of the Chief Justice (OCJ) 7 May 2013.
1.6.
On 7 May 2013, the Secretary-General of the Office
of the Chief Justice, who is newly appointed, presented, for the first time to
this Committee, the OCJs budget and plans for 2013/14. The Office of the Chief
Justice was proclaimed a government department in August 2011. The Director-General:
Justice and Constitutional Development remains the accounting officer of the
Office for the time being while the process of establishing and fully capacitating
the Office continues. The Superior Courts Bill [B7 2011], once enacted,
provides for the Secretary-General to be the OCJs accounting officer.
1.7.
In October 2012, the Committee engaged extensively with
all the bodies on their funding needs for the 2013/14 financial year and made extensive
recommendations then. The process, however, is not only forward looking but
also evaluates performance for the previous financial year and spending to
date. The Committees response and recommendations are contained in its November
2012 Budgetary Review and Recommendation report (BRRR). Once again, the concerns
expressed then by Committee should be regarded as integral to the Committees
evaluation of this process.
1.8.
This report is divided in five parts:
·
Part 1 provides
an overview of the overall appropriation to the Vote for the medium term and
notes additional amounts allocated and Cabinet-approved reductions to the
baseline.
·
Part 2 gives key
aspects of the Ministers political overview and outlines the Departments
presentation to the Committee, focussing mostly on its achievements in the
previous financial year, the key planned activities for 2013/14 and its
challenges. The Committees response is also included.
·
Part 3
summarises the NPAs presentation to the Committee on its strategic and annual
plans and on its budget. Similarly, the Committees response to the NPAs
presentation is set out here.
·
Part 4 contains
a summary of the presentations of Legal Aid SA, the SIU, the SAHRC and the PPSA
respectively. The Committees response is captured after each.
·
Part 5 provides
a summary of key reporting requests and the Committees recommendations
relating to the Vote.
1.9.
All presentations referred to in Parts 2 - 4 can be
obtained from the Committee Secretary.
Part I Vote 24: Justice and Constitutional
Development
2.
Overview of the
Vote for the MTEF
Overall programme
allocation for the MTEF - 2012/13 2015/16:
Budget 2012/13 2015/16
|
||||
Programme
|
||||
|
Adjusted appropriation
|
Medium-term estimates
|
||
(R thousand)
|
2012/13
|
2013/14
|
2014/15
|
2015/16
|
Administration
|
1 463.9
|
1 534.8
|
1 622.2
|
1 703.4
|
Court Services
|
5 377.4
|
5 862.4
|
6 223.8
|
6 500.7
|
State Legal Services
|
784.9
|
852
|
898.5
|
976.1
|
NPA
|
2 839.8
|
3 050.4
|
3 236.2
|
3 357.4
|
Auxiliary & Associated Services
|
2 446.3
|
2 834.7
|
3 079.6
|
3 274.4
|
Total
|
12 912.2
|
14 134.2
|
15 060.3
|
15 812.1
|
Direct charge
(Judges and
Magistrates salaries)
|
2 401.9
|
2 575.7
|
2 730.3
|
2 855.9
|
Total
|
15 314.1
|
16 709.9
|
17 790.6
|
18 667.9
|
2.1.
The main appropriation to the Vote increases from R15.3
billion in 2012/13 to R16.7 billion in 2013/14. This amount, however, includes
a direct charge against the National Revenue Fund of R2.6 billion for judges
and magistrates salaries. If the direct charge is excluded, the appropriation in
2013/14 to the Votes five programmes is R14.1 billion.
2.2.
Overall, in 2013/14, the allocation grows in real
terms by 3.3%. At programme level, the Administration, Court Services and State
Legal Services programmes, which the Department administers directly, show
little real growth from 2012/13 (The programmes grow in real terms by -0.72%,
3.24% and 2.8% respectively). Similarly, the allocation to the National
Prosecuting Authority grows in real terms by only 1.72%. The Auxiliary and
Associate Services programme, however, shows the largest growth. This programme
grows in real terms by 9.73% driven by additional allocations for the criminal
justice system review/revamp and further capacity in the public entities and
constitutional institutions.
2.3.
An amount of R2.6 billion is allocated as a direct
charge against the Vote for judges and magistrates salaries. Although
magistrates salaries show real growth (9.35%), once again the amount allocated
for judges salaries decreases in real terms (by -17.07%).
2.4.
Additional allocations to the Vote for 2013/14 are
for the following policy priorities:
·
R318 million in 2013/14, R419 million in 2014/15
and R558 million in 2015/16 for the criminal justice system revamp, Thuthuzela
Care Centres (TCCs) and security at courts.
·
R22 million in 2013/14, R31 million in 2014/15 and
R40 million in 2015/16 for additional capacity in public entities and
constitutional institutions.
2.5.
Notably, previous budgets provided additional
allocations for infrastructure spending: R 340 million in 2012/13; R350 million
in 2013/14 and R100 million in 2014/15. The Department, however, reported a
savings of R200 million in 2012/13 from its Capital Works Expenditure (CAPEX)
budget as a result of delays on the part of the Department of Public Works.
With National Treasury approval, the amount was reprioritised.
2.6.
The Department, however, has made R14.4 million
(2012/13), R15.1 million (2013/14) and R15.9 million (2014/15) available to
LASA from its baseline for carry through costs of the Childrens Act and Child
Justice Act.
2.7.
Cabinet-approved reductions of R610 million over
the medium term are made from spending for goods and services and payments for
capital assets.
Part 2
Department of Justice and Constitutional Development
3.
Political
overview of Vote 24: Justice and Constitutional Development
3.1.
On 5 March 2013, the Minister of Justice and
Constitutional Development, Mr J Radebe, presented a strategic overview of the
Vote:
3.1.1.
Several matters were extensively canvassed during
2012/13:
·
The Department
has focused on its turnaround strategy to reverse negative
audit reports, making significant strides in this regard. All
qualifications on irregular expenditure have been cleared and financial statements
for the Third Party Funds (TPFs) were drawn up for three financial years. The
Department aims to ensure a no audit qualification for 2012/13.
·
The Department
does not have the resources now to accept the additional responsibility of the
Witness Protection programme but would be willing to review its position should
its finances improve.
·
The process of
filling vacant posts at senior management (SMS) level is underway. All vacant
positions at the level of Deputy Director-General (DDG) have been advertised.
In addition, the Secretary-General
in the Office of the
Chief Justice,
Ms M Sejosengwe
, was recently appointed.
3.1.2.
The Budget should be seen in the following context:
This is last year of the fourth Administration. With general elections imminent,
emphasis is placed on the consolidation and implementation of existing policy
and not necessarily on formulating new policies. Also, a review of the Justice
Crime Prevention and Security (JCPS) Clusters work will assess the Clusters successes
and challenges for the past five years and contribute to a broader review of
Governments Programme of Action.
3.1.3.
Of the five priorities that underpin the
Governments Programme of Action,
Safety and Crime Prevention
as an
output of the National Development Plan (NDP) is directly attributed to the
JCPS Cluster. Illiteracy, poverty, under-development and deprivation have all
been linked to criminality.
3.1.4.
Crime and corruption pose the greatest threat to
the realisation of all the five priorities of Government. An announcement regarding
the naming and shaming of perpetrators convicted of corruption was to be made
in April 2013.
3.1.5.
There has been progress
regarding the re-establishment of the dedicated sexual offences courts
throughout the country. Some of these courts will be ready to operate in the
2013/14 financial year, while others will be designated in subsequent years. The
JCPS Cluster is developing an integrated programme to take forward the work already
done by task teams established to look into the re-establishment of the sexual
offences courts. This will ensure co-ordination between the sexual offences courts
and the SAPS Family Violence, Child Protection and Sexual Offences Units. There
are also on-going discussions with the OCJ, the South African Judicial
Education Institute (SAJEI) and Regional Court Presidents aimed at
strengthening social context training for judicial officers to deal effectively
with these matters.
3.1.6.
In terms of the Departments legislative programme,
the Department intends bringing legislation to Parliament that is aimed at
transforming the magistracy. Also, the Department aims to introduce legislation
to provide for the appointment of a Solicitor-General, as this is crucial for
the transformation of State Legal Services. The Department is also considering
increasing the monetary jurisdiction of the Magistrates Court, which has been
R100 000 for a very long time. Similarly, consideration will be given to
increasing the monetary jurisdiction of the Regional Courts.
3.1.7.
The following spending pressures were mentioned
specifically:
·
Security
services: it will cost the Department approximately R1.3 billion to secure
justice premises over the next three years.
·
The fires at the
Pretoria, Inkanyezi and Polokwane magistrates courts will impact on the
infrastructure budget.
4.
Overview of Departments
Revised Strategic Plan 2013 2018 and Annual Performance Plan 2013/14
4.1.
The Director-General presented the Departments
revised strategic plan for the period 2013-2018, as well as its annual
performance plan for 2013/14. There have been some revisions to the Strategic
Plan from last year to:
·
Better align the
strategic and annual performance plans by making use of common indicators in
both documents.
·
Clarify
indicators that could not be finalised last year.
·
Include baseline
information where this has become available.
4.2.
The Departments key
constitutional mandate is the administration of Justice. The Constitution
Seventeenth Amendment Act, 2012, which was signed into law in February 2013, affirms
the Chief Justice as Head of the Judiciary. The Act also makes the Chief
Justice responsible for overseeing the development and monitoring of norms and
standards for the performance of all courts. The Superior Courts Bill
accompanies the Constitution Seventeenth Amendment Act. The implementation of
legislation will result in the migration of the administration of the Superior
Courts to the Office of the Chief Justice (OCJ), as well as the assignment to
the OCJ of certain functions flowing from the Superior Courts Bill, the Judicial
Service Commission Act, 1994, and the Judges Remuneration and Conditions of
Employment Act, 2001.
4.3.
Initiatives are underway to
capacitate the OCJ to execute its legislative responsibilities flowing from the
Superior Courts Bill and other relevant legislation. The OCJ reported that the following
is planned for 2013/14:
·
The transfer of
the administration of all Superior Courts to the OCJ.
·
The establishment
of fully-functional internal controls and accounting systems.
·
The creation of a
separate vote for the OCJ.
·
The strengthening of governance structures of the
South Africa Judicial Education Institute
.
4.4.
Government has recently adopted the National
Development Plan
with the aim of
eliminating poverty and
reducing inequality by 2030. The Plan calls for people living in South Africa
to feel safe and have no fear of crime by 2030. This can only be achieved
through a well-functioning criminal justice system in which members of the JCPS
cluster work together. Key deliverables for the Cluster include:
·
Strengthening the criminal justice system
. The intention ultimately
is to achieve a single set of objectives, priorities and performance
measurement targets.
·
Strengthening judicial governance and the rule of
law.
The finalisation of the legislative framework affirms the Chief Justice
as the Head of the judiciary. The establishment of the OCJ is an example of the
Departments transformation discourse. A key deliverable is the implementation
of the Seven-Point Plan (2007), which aims to address obstacles identified
within the justice system. Although there has been some progress, more effort
will be exerted to fully implement and monitor all aspects of the Plan.
·
Access to justice.
Courts are inaccessible
for a host of reasons (including, the legacy of past demarcation, skewed
distribution of courts, exorbitant costs of litigation and overstretched court
rolls). Processes are underway to review the realignment of the magisterial
districts with municipal boundaries where this is both feasible and desirable
to enhance access to justice.
·
The role of the judiciary.
There is a need
for an ideal South Africa judge to encompass a range of qualities and
attributes, which include a progressive judicial philosophy and understanding
of the socioeconomic context in which the law is interpreted and enforced.
·
Investment in the economy.
This can only
occur in an environment characterised by the rule of law.
4.5.
In addition, the Department
must continue to meet its commitments to effectively co-ordinate the JCPS
cluster to deliver Outcome 3: All people in South Africa are safe and feel
safe and the associated outputs.
4.6.
Although reworded, the Department retains its
existing four high-level goals and adds a further goal:
·
Goal 1: To
enhance organisational performance on all aspects of administration. (Improved
compliance with legal and good practice requirements in respect of governance
across all branches and structures towards an unqualified audit.)
·
Goal 2: To
facilitate the (effective and efficient) resolution of criminal, civil and family
law disputes by providing accessible, efficient and quality administrative
support to the courts. (Courts and justice service points are supported to
improve finalisation rates, efficiencies and backlogs in respect of all
criminal, civil and family matters.)
·
Goal 3: To
provide effective and cost-efficient state legal services (The exposure of
government to legal risk is reduced, citizens have access to quality guardian
and probate services, the state has access to legal advice and services and
constitutional development is promoted.)
·
Goal 4: To
effectively co-ordinate the JPCS Cluster in the delivery of Outcome 3. (The
provision of effective co-ordination of the cluster to enable the achievement
of the eight outputs that will result in the successful delivery of Outcome 3:
All people in South Africa are and feel safe.)
·
Goal 5: To
promote the Constitution and its values (Compliance by government departments
with the Promotion of the Administrative Justice Act, 2000, (PAJA) is
substantially improved; citizens are better informed on how to exercise their
constitutional rights; public engagement with relevant stakeholders, civil
society organisations and community-based organisations is improved through
public participatory
fora
; and
constitutional development is promoted.)
4.7.
For 2013/14, eighteen strategic objectives give
effect to these goals and are related to the three programmes that the
Department administers directly (Administration, Court Services and State Legal
Services). Further details are given below.
4.8.
The Department continues to pay special attention
in 2013/14 to the three key projects that it has prioritised since
2011/12. These are to achieve:
·
Good governance and clean administration.
The Department
aims to achieve a no audit qualification in 2012/13 and sustain this in
subsequent years.
·
Service turnaround in maintenance services
. In 2011/12, a
three-year turnaround project for maintenance services was initiated, focussing
on the maintenance chain in its entirety.
·
Service turnaround in the Masters Branch
. The Department
has concluded the following to improve service delivery in the Masters Office:
New offices were established in Nelspruit and the Paperless Estate
Administration System (PEAS) was implemented there, as well as in Masters offices
in Durban, Johannesburg and Pretoria. In 2013/14, PEAS will be rolled out to
all Masters Offices, allowing practitioners and the public to view estate
information online. Also, 92% of all payments made to beneficiaries of the
Guardians Fund are made via EFT.
4.9.
The Department has several major infrastructure
projects in progress. Notably, the completion date for the Limpopo High Court
at Polokwane has been revised but is due for completion in 2014/15. The plan to
build a new court in Mpumalanga at Nelspruit is to be implemented in 2013/14.
4.10.
The Department identified the following risks:
·
Budget cuts have
led the Department to reconsider its performance targets as funding is a major
concern for the implementation of its plans.
·
There is
financial uncertainty as a result of the Department of Public Service and
Administrations (DPSA) directives on lower level employees and the pressure to
include staff not covered by the directives. Also, issues relating to the
Occupation Specific Dispensation (OSD) for legal professionals remain
unresolved.
·
There is
uncertainty as to extent to which the migration of certain functions to the OCJ
during 2013/14 will impact on the Departments operations as a whole.
·
Above-inflation
increases in municipal rates and taxes and electricity costs continue to impact
negatively on the budget allocation.
·
The Departments
reliance on the Department of Public Works (DPW) for implementation of funded
projects means that projects do not (always) progress as planned. A further
complication is that increases in construction and material costs make projects
more expensive than initially planned.
4.11.
The Department reports that its spending focus for
the medium term is on the following:
·
Improving courts
services.
·
Revamping and
renewing state legal services.
·
Implementing new
legislation.
·
Constructing
High Courts at Polokwane in Limpopo and at Nelspruit in Mpumalanga.
·
Accelerating
access to the services of the Masters and State Attorneys offices.
4.12.
According to the Department, the budget cuts (R610
million over the medium term) have affected the following areas adversely:
·
The Department
continues to identify crime against staff and public at service points and
offices to be a risk. Despite budget cuts it intends to improve safety and
security.
·
A major
challenge is to address historical imbalances in terms of court infrastructure.
This is further complicated by factors such as: the escalation of
infrastructure costs above inflation, impacting on cash flows for the building
of new courts; balancing the needs of new courts with the maintenance and
repair of existing courts; and using the infrastructure budget for additional
accommodation and growth in the establishment and new areas of services.
·
Enhanced Infrastructure
support for the Department and other stakeholders.
·
The
implementation costs of proposed and new legislation.
·
Document and
record management.
·
Adequate
provision of library services to the various courts and support to the
judiciary.
·
The enhancement
of constitutional development programmes.
5.
Programme 1:
Administration
5.1.
The Administration programme manages the
Department, develops policies and strategies for efficient administration, and
provides centralised support services. Its objectives are linked to Goal 1:
Improved Governance.
5.2.
Administration is allocated R1.53 billion for its
Ministry, Management, Corporate Services and Office Accommodation
sub-programmes. The programme receives 16.8% of the allocation to the
Department and shows negative growth in real terms (-0.72%) from 2012/13.
5.3.
Office accommodation, which includes leased
accommodation and payments for municipal rates and taxes) is allocated the
largest portion of the programmes budget (R742 million or 48% of the
programmes budget).
5.4.
Performance is linked to the following seven objectives:
·
Increased
compliance with prescripts for good governance.
·
Reduction of fraud
and corruption cases in the Department.
·
Improved effectiveness
of support services.
·
Increased
optimisation of ICT systems and infrastructure.
·
Enhancement of human
resource capacity for service delivery.
·
Completion of
the regulations to finalise the implementation of the TRC recommendations
(Amended from the 2012/13 Annual Performance Plan: Increased percentage of
outstanding Truth and Reconciliation Commission victims who qualify for
reparations per TRC recommendations).
·
Improved
co-ordination of the JCPS Cluster towards delivery of Outcome 3.
5.5.
These seven objectives are linked to 21 indicators.
Selected targets for 2013/14 are to:
·
Complete two
progress reports on the activities of the audit action plan.
·
Complete a monitoring
report on CARA funds allocated by 28 February 2014.
·
Vet 115 senior
managers (against a baseline of 95).
·
Roll out the
integrated security system to 24 priority courts.
·
Complete Phase 2
of ICMS (Integrated Case Management System) Civil: Lower Courts.
·
Approve three
regulations for providing assistance to TRC victims.
·
Compile 12
(monthly) Integrated Justice System (IJS) progress reports. (A review, led by
the Department, has been conducted to facilitate accelerated modernisation and
integration of technology systems across the criminal justice system. As a
result, a new indicator was added that focuses on reporting progress made
regarding the IJS Programme.)
5.6.
The 2013/14 APP contains changes to the indicators:
Five indicators have been modified, another five indicators removed and there
are three new indicators: Percentage of TRC victims applications processed
within four months; number of Service Delivery Implementation Plan (SDIP)
progress reports; and phases of ICMS Civil: Lower Courts completed.
6.
Programme 2:
Court Services
6.1.
The Court Services programme provides for the
resolution of criminal, civil and family law disputes by providing courts with
administrative support and managing court facilities. Key functions for this
programme include: case finalisation and service delivery; access to justice;
protection of vulnerable groups; and constitutional advocacy.
6.2.
Overall, Court Services accounts for 64.4% of the
allocation to programmes. The Programme receives R5.9 billion in 2013/14, and
reflects real growth of 3.73% from 2012/13. Within the programme, spending is
prioritised, as in previous years, towards the Lower Courts sub-programme,
which receives 61% (R3.6 billion) of the programmes allocation. Spending on
compensation of employees constitutes 69% of the Lower Courts sub-programmes
budget.
6.3.
Notably, Court Services is allocated additional
amounts of R11.3 billion over the medium term to build new courts. The
sub-programme Facilities Management is allocated R1.2 billion. However, the
Department reported difficulties spending its budget in this area as a result
of delays in the delivery of capital works projects by DPW.
6.4.
Performance is linked to the following five
objectives:
·
Improved
finalisation of activities in support of the outputs of Outcome 3.
·
Increased
protection of the rights of vulnerable groups.
·
Increased
protection of the best interests of children and the promoting of family
cohesion through mediation services.
·
Increased access
to justice services to historically marginalised communities.
·
Improved
delivery of services at courts.
6.5.
These objectives are linked to 12 indicators. Selected
targets for 2013/14 are to:
·
Process 65% of
unopposed taxations within 14 days of the matter being set down (in the
district courts).
·
Process 50 % default
judgments (by the clerk in district courts) within 14 days of receipt.
·
File 50% of Family
Advocates reports within 15 days of the enquiry being completed.
·
Convert five
branch courts to full service courts.
·
Establish 14 new
small claims courts.
·
Complete the
alignment 20 magisterial districts to municipal boundaries.
·
Record 74% of
all convictions of sexual offences against children and people with mental
disabilities in the National Register for Sexual Offences (NRSO).
·
Complete the
re-establishment of nine sexual offences courts (estimated performance
in 2012/13 is 42 courts).
6.6.
The Annual Performance Plan reflects several
changes: four indictors are modified, four removed and three are new. The three
new indictors are: the number of re-established sexual offences courts
completed; the number of magisterial districts aligned to municipal boundaries;
and the number of new policy documents developed. The following were removed:
the number of additional one-stop justice child centres designated; number of
new court building completed; OCJ percentage of positions filled; and number
of judicial officers trained by SAJEI.
6.7.
Activities planned for 2013/14 to increase access
to justice include:
·
The following
courts were completed in 2012/13: Katlehong, Ntuzuma and Gelvandale. The
Ntuzuma Magistrate Court is to be officially opened in May 2013. The South
Gauteng High Court (refurbishment) and the Limpopo High Court at Polokwane
remain under construction.
·
The Department
plans to complete the alignment of 20 magisterial districts to municipal
boundaries in 2013/14.
·
A total of
fourteen new small claims court will be established.
·
A total of five
branch courts will be converted to full service courts.
6.8.
Activities planned for 2013/14 to protect
vulnerable groups, include:
·
Record 74% of
all convictions of sexual offences against children and persons with mental
disabilities (although difficulties remain in gathering and cleaning
historical convictions). Discussions are underway regarding the possibility of
merging the NRSO and the Child Protection Register administered by the
Department of Social Development.
·
Re-establishing
dedicated sexual offences courts at the beginning of 2013/14, 42 courts were
ready for implementation. A further nine courts are planned for implementation
during the financial year.
·
Implementing
year 3 of the plan for improved delivery of maintenance services by extending
lean management to more sites delivering maintenance services for increased
efficiency in finalising maintenance orders and mediated cases.
7.
Programme 3:
State Legal Services
7.1.
The State Legal Services programme aims to provide
legal and legislative services to organs of state, supervise the administration
of deceased and insolvent estates, as well as the liquidation of juristic
persons, registration of trusts and management of the Guardians fund. It also
prepares and promotes legislation, conducts research and promotes
constitutional democracy. It is the smallest of the Departments three programmes,
receiving R852 million (or 9.3%) of the allocation to programmes. The programme
grows in real terms by 2.79% when compared to 2012/13.
7.2.
The major spending area for the programme is the Masters
of the High Court sub-programme, which receives R382.7 million or 45% of the
programmes budget for 2013/14.
7.3.
Interestingly, a new policy development addresses
transformation of state legal services. Once underway, the process of
transforming state legal services will see significant changes in the State Law
Advisors and Litigation and Legal Services sub-programmes, including the
appointment of a Solicitor-General. There are plans to better capacitate and
enhance the state attorneys; prepare and implement standardised fee structures
when briefing private counsel; and develop alternative dispute resolutions
processes.
7.4.
Performance is linked to the following six strategic
objectives:
·
Increase
efficiency in the provision of services to beneficiaries of the Guardians
Fund, trusts, as well as insolvent and deceased estates.
·
Enhance
litigation services (this is new).
·
Promote constitutional
development and strengthen participatory democracy to ensure respect of
fundamental human rights.
·
Provide improved
legal advisory services to state organs.
·
Prepare sound,
effective and efficient legislation.
·
Administer the Promotion of Access to Information
Act, 2000 (this is another new indicator).
7.5.
Selected targets for 2013/14 are to:
·
Issue 90% of
letters of appointment in deceased estates within 15 days of receiving all
documents.
·
Examine 90% of
all Liquidation and Distribution (L&D) accounts within 15 days of receiving
all documents.
·
Service 90% of
beneficiaries within 40 days (Guardians Fund).
·
Pay 90% of
Guardians fund monies though EFT.
·
Complete the
project for improved access to justice, including restorative justice
mechanisms for vulnerable and marginalised groups.
·
Allocate 75% of
briefs to previously disadvantages individuals.
·
Successfully
conclude 50% of cases by state attorney.
·
Finalise 75% of
legal opinions within 15 days of receiving them.
·
Scrutinise or
certify 87% of bills and other legal documents within 20 days of receipt.
·
Develop 20
legislative instruments.
8.
Committees
response
8.1.
General
8.1.1.
The Committee makes a number of observations
relating to the budgets of the Department of Justice and Constitutional
Development, National Prosecuting Authority, Legal Aid South Africa (Legal Aid
SA), Office of the Chief Justice (OCJ), Special Investigating Unit (SIU), South
African Human Rights Commission (SAHRC) and Public Protector South Africa
(PPSA). These take into account that this report occurs towards the end of the
Fourth Parliament.
8.1.2.
In its 2012 BRRR, the Committee made various
recommendations to the National Assembly on the forward funding needs of the
Department, entities and institutions that account to it. The Committee is
unhappy that National Treasurys response was not available to the Committee
when it engaged with the Department, entities and institutions that it
oversees. This caused embarrassment to the Committee, at the time, as it was unable
to respond to queries relating to the apparent refusal of the Committees
recommendations contained in the BRRR. The timing of the response does not
assist and the Committee does not believe that the legislation was enacted with
this intention. The Committee remains of the view that there may be need to
revise the BRRR process to identify refinements that will facilitate greater
synchronicity with the budget cycle. The Committee, however, is pleased with National
Treasurys response: Over the MTEF period, the Department of Justice and
Constitutional Development has been allocated an additional R88 million for
court security, R75 million for start-up and operational costs of new courts,
and R90 million for Thuthuzela Care Centres. Additionally, R45 million has been
allocated to Legal Aid South Africa and R24 million to the South African Human
Rights Commission for additional capacity. The National Treasury concurs with
the Committees other recommendations, which might be considered for funding in
future should the fiscal framework permit.
8.2.
Funding
constraints
8.2.1.
The Committee is well aware of the broader economic
context that informs governments present approach to spending. It understands
the aim to reduce overall government spending to free up government resources
to fund governments key priorities, particularly infrastructure spending. Departments
are directed to implement cost saving measures. In the case of the Department, its
baseline is reduced by R610 million over the medium term. The Committee is
extremely concerned about the impact that these budget cuts have on the
effective and efficient delivery of justice services, especially in light of
the integral role that the Department has in promoting safer communities, driving
transformation and in building social cohesion. The Committee noted previously
that the Office of the Auditor-General had observed that the worst performers
in terms of predetermined objectives for this Vote (the Department, the NPA and
the SIU) have also experienced the greatest budgetary pressure.
8.2.2.
The Committee questions whether the allocation is
adequate in light of the responsibilities of the bodies that fall under the
Vote. In addition, recent policy developments, such as governments focus on addressing
gender-based violence and the public violence courts, require additional
resources that this budget does not appear to provide. Also, established policy
objectives, such as ensuring two prosecutors for each court, no longer appear
to be attainable.
8.2.3.
Although there are certain additions to the Votes baseline,
these are for specific items. Overall, the Department and NPA are already under
considerable fiscal pressure. The concern is that there is very little
remaining to trim (if anything). The NPA, for example, is so under-funded that
every post that falls vacant becomes, in effect, an unfunded position that it
cannot fill. The Committee is concerned that the constant pressure to trim may
reach a stage where operational efficiency is undermined with adverse
consequences for service delivery.
8.2.4.
Incongruously, the Department has a large capital
works budget that it has had difficulties spending because of delays on the
part of the Department of Public Works (DPW). The situation is exacerbated by
spiralling construction and material costs as a result of these delays. In
light of these difficulties, the Committee has, in the past, advocated a better
balance in funding priorities, questioning the emphasis on funding new
infrastructure at the expense of maintaining that which already exists.
8.2.5.
The Committee is concerned about the impact that
the commissions of inquiry have on the budget of the Department, as the
Department is expected to fund Commissions from its budget and recover the
money at a later stage. The ideal situation is to have a separate budget for commissions
of inquiry or to reimburse the Department from the national
fiscus
as soon as possible. It is not
clear to the Committee if the Department has been reimbursed or whether it is
funding these Commissions from its baseline and it requests further clarity on
this, in writing, by 19 July 2013.
8.3.
Policy and strategic
planning
8.3.1.
Lowering of
performance targets
. The Department presented both its strategic and annual
performance plan to the Committee. The Department indicated clearly where it
had revised its plans to better align them by making use of common indicators
in both documents; to clarify indicators that could not be finalised last year;
and to include baseline information where this has become available. While the
Committee can understand why certain indicators were amended or removed, it is
concerned that targets have been lowered. For example, performance targets for
the objective reduction of fraud and corruption cases have been reduced. Audited
performance in 2011/12 reveals that 50% of new forensic investigations and 65%
of older investigations were finalised. Estimating that performance in 2912/13
for these two indicators was 40% and 50% respectively, in 2013/14, the
Department has set itself the target of finalising 50% of new forensic investigations
and 55% of older investigations. The explanation for the reduction is that
these matters can involve a great deal of travel, which is costly. The
Committee believes that reducing these targets not only gives the wrong message
but is also counterproductive as it is in the interests of operational
efficiency and effectiveness that these matters are dealt with expeditiously.
8.3.2.
Alignment with
National Development Plan.
The Committee notes that the Department has begun
the process of aligning its work with the National Development Plan (NDP). The
finalised Plan deals with the institutional reforms required to overcome
weaknesses in the public sector. It specifically identifies the need to build the
capabilities of our legal and other institutions, as well as strengthen human
capabilities, as critical in this regard.
T
he Committee, therefore, understands that,
for now, the Department will continue to focus on delivering in terms of
Outcome 3 with certain adjustments. Still, these will need expanding on; if the
Plans full vision is to be achieved. It is disappointing that there is no
clear link between the NDP and the Departments planning at the level of
implementation for 2013 for those recommendations that do not require
additional resources.
8.3.3.
Reporting on policy
indicators.
Last year, the Department explained to the Committee that it had
rationalised its policy indicators. It argued that the complexity of policy
indicators makes them especially difficult to manage within the annual
performance planning framework. For this reason, the Department decided to
track the progress of these indicators through EXCO. The relevant indicators would
also continue to form part of the performance contracts of relevant senior
managers. The relevant policy indicators presented, however, embrace many areas
of keen interest to it and the Departments failure to include these in its
plans makes it difficult for the Committee to monitor progress. An area of
particular concern is the extent to which there has been progress in
implementing the Seven-Point Plan, which emanated from the criminal justice
system review/revamp. At present, the only related indicators that the
Committee is able to track are quantitative and not qualitative, as they
address the number of JCPS Cluster reports finalised and the number of Integrated
Justice System (IJS) reports completed yearly.
8.4.
Governance and operational issues
8.4.1.
No audit qualification in
2012/13.
The management of Third Party Funds (TPF) has contributed
to the Department receiving a qualified audit opinion since 2005/06. Unless the
Department is able to resolve its problems relating to Third Party Funds, it
will not meet its first priority which is a no audit qualification in
2012/13. The Committee is aware of the considerable effort that the Department
has made to attain a no qualification audit in 2012/13 and notes the
Departments quiet optimism that it will achieve its goal. The Committee notes
too the Departments plans to build capacity at regional level to deal with the
TPF internally.
8.4.2.
Legal status of the Third
Party Funds.
The Committee remains concerned that the legal
status of the Third Party Funds is still unresolved. The Committee was told before
that there was a need for legislation to clarify the status of these funds to
allow the Department to report on them separately; then the Committee was
informed that National Treasury had advised the Department that it should establish
the Funds as a trading entity. More recently, the Committee was informed that
the Department had decided to go ahead with legislation as there had been no
further advice from National Treasury. The Committee requests that the
Department provide a written report on the current state of affairs regarding
the Funds status by 19 July 2013. Until now the Committee has been unable to
facilitate a meeting between the Department and National Treasury to discuss
the matter but will engage with the Department on the way forward, once it has
assessed the Departments response.
8.5.
Human resources
8.5.1.
Vacancies.
Although the Departments overall vacancy rate is at about 10%, the
Committee remains particularly dissatisfied that the vacancy rate at SMS level hovers
at around 17%. Despite the Ministers assurance that filling of SMS vacancies
is a priority, the position of Chief Financial Officer is still filled by an
acting appointment and the vacancy rates of critical occupations are too high. Many
times previously, the Committee has expressed its fear that, unless the
vacancies in management are filled, the effectiveness of the Departments
running may be compromised. The Committee requests that the Department provides
an updated report on its efforts to address its vacancies at SMS level by 19 July
2013. The Department should also be prepared to brief it on this at the next
quarterly meeting. The Committee also notes with concern that the Department
plans to allow its overall vacancy rate to increase from around 10% to 11%,
given the current budget cuts. Although the increase is small and the Committee
is sympathetic to the Departments predicament, the Committee feels that this
is a step in the wrong direction.
8.5.2.
Disciplinary matters.
The Committee notes the Public Service Commissions finding that a lack
of discipline and slow finalisation of misconduct cases at the Johannesburg and
Protea courts has left these courts with limited capacity to function
effectively. The Committee made similar observations when it visited the South
Gauteng High Court. The Committee is extremely concerned that the performance
targets for the
finalisation of grievance and misconduct cases have been reduced.
In 2011, the Department estimated that it finalised 50% of grievance
cases and 65% of its misconduct cases. However, performance in 2012/13 is
estimated to be 20% and 35% against the targets to finalise 60% and 70% of
grievance and misconduct cases respectively. For 2013/14, these targets are 40%
and 50% respectively. The Department is asked to provide the Committee with a
comprehensive written report on the progress of its disciplinary and grievance
matters, including a section that deals specifically with cases of financial
misconduct by 19 July 2013.
8.5.3.
Security at courts and
justice centres
. The Committee appreciates that the Departments
budget to adequately secure courts and justice centres is stretched even more
so as a result of the expansion of justice services. In its 2011 and 2012 BRRR
reports, the Committee supported the Departments bid for additional funding to
provide increased security at courts and justice offices but National Treasurys
response was that additional funding had been allocated in the past and that
the Department had not submitted a request for funds to secure courts and
justice service points for 2011.
Through reprioritisation
of its budget, the Department increased the budget for security services by 12%
over an eight
-year period from 2008/09 to 2015/16. This reprioritisation has,
however, adversely affected service delivery areas in the Department. Limited
funds have led to some of the security projects planned being reduced. The
National Security Infrastructure project, which was meant to reduce reliance on
external service providers and build sustainable capacity in the Department,
was initially intended to cover 127 courts. Projected expenditure patterns
indicate that only 90-98 sites can be covered. In addition, finalising the plan
remains a challenge and this affects preventative maintenance of security
equipment. In its 2013 BRRR, the Committee therefore supported the Departments
request that additional the following amounts are allocated for security:
R361.5, R399.2 and R441.4 million for 2013/14, 2014/15, 2015/16 respectively.
This year, the Department will receive additional funds for security at
courts but has estimated that it requires R3.1 billion over the medium term to
secure its courts. Despite spending pressures, the Department has clearly
indicated that ensuring securing its courts and justice service points is a
priority. The Committee requests that the Department provide a report, in
writing, on its progress in securing courts and justice centres by 19 July
2013, and be prepared to brief the Committee at the next quarterly meeting in
July or August 2013.
8.5.4.
Rates and municipal taxes
and leased accommodation
.
The Department reported
previous that, in the past four to five years, the budget for leasehold
expenditure has grown on average by 5.5% per annum, while actual expenditure
charges have escalated by more than 8% per annum. In real terms, the shortfall
on the budget increased from R31.7 million in 2009/10 to more than R185.7
million in 2012/13. It is projected that the shortfall will increase to around
R242 million by 2014/15. The Department has told the Committee indicated that
it is no longer able to absorb the shortfall within its baseline without
compromising service delivery. Similarly for rates and taxes, all
municipalities have increased their property taxes at a rate that is higher
than inflation. From 2009/10 to 2012/13, the shortfall between the allocation
and actual accounts has grown 172% from R9.8 million to R58.9 million. If the
current trend continues, the deficit will be R102.9 million by 2015/16. The
Committee, therefore, supported the Departments request for the following
additional amounts for municipal rates and taxes and leased accommodation: R250
million in 2013/14; R293.3 million in 2014/15 and R345 million in 2015/16.
8.6.
Information Communication Technology (ICT) and Justice Modernisation
8.6.1.
Information Communication
Technology (ICT
)
projects.
Through the BRRR process, the Department secured additional funding for ICT
infrastructure for 2013/14 and 2014/15 respectively. The Committee notes that
the Department has identified three key software development projects for the
MTEF. In 2013/14, the Department has planned the Integrated Case Management System
(ICMS) Civil: Lower Courts; ICMS Masters Deceased Estate system; and the Third
Party Fund system. Various ICT infrastructure renewal projects are also
planned, including providing the judiciary with new laptops, which the
Committee welcomes. The Committee requests the Department to provide it with a
report on these projects, with timeframes, indicating progress made, by 19 July
2013. The Department should be prepared to brief the Committee at quarterly
meetings on the progress of these projects at quarterly meetings.
8.6.2.
IJS projects.
Although there is a close relationship between the Departments ICT and
justice modernisation projects, the Department explained that it has not been
able to access IJS funding until recently, as the focus has been on developing
the SAPS systems first. The Committee notes that the following amounts have
been reprioritised over the MTEF from the SAPS to Justice for the criminal
justice sector revamp and modernisation programme: R300 million in 2013/14,
R400 million in 2014/15 and R450 million in 2015/16. The need for improved
co-ordination and integration of the JCPS Cluster departments IT systems,
however, was identified in 2007 as vital to efforts to ensure the effective
implementation of the Criminal Justice Systems Seven-Point Plan. A Cluster
review in late 2011 revealed significant challenges, including those relating
to the
governance and leadership of the Integrated Justice System (IJS) Board;
strategic alignment of Cluster departments; and SITAs internal limitations.
The IJS Board, however, has been reconstituted and the Director-General:
Justice is now receiving regular reports, which are shared with her
counterparts in stakeholder departments. The Department reports five
integration priorities, that are have been packaged into three major programme
streams. The priorities concern case-related integration, Cluster business
intelligence capabilities and the management of persons within the criminal
justice system (identification and tracking of individuals throughout the
criminal justice system). The Department reports achievements that include concluding
piloting various case related integrations between SAPS upgraded crime
administration system (CAS) and the Departments ICMS in the Benoni and
Cullinan Court districts. The Committee is frustrated that progress is so slow,
given the amount of time and money that has been invested in the IJS. Last
year, in the BRRR, the Committee requested that the Auditor-General audit the
IJS and this is being done. A further concern is a report that the SAPS have
indicated that it will be yet another ten years before it is able to implement
its electronic case management system in full. This has obvious consequences
for the other departments within the Cluster, whose systems would need to
integrate with the SAPS. The Committee has, therefore, decided to convene a
joint meeting with relevant portfolio committees to discuss progress relating
to the implementation of the criminal justice sector revamp, which will include
a focus on the IJS, in the next quarter. The Committee requests, in addition,
that the Department provide a report on the progress to date, with time frames,
of the IJS projects by 19 July 2013.
8.7.
Court infrastructure and maintenance
8.7.1.
Long-term infrastructure
plan
. The Department receives approximately R3
billion for capital works over the MTEF to enhance access to justice: R 1.03
billion in 2012/13; R1.08 billion in 2013/14; and R1.14 billion in 2014/15. The
Committee is interested that the Strategic Plan now includes an infrastructure
plan, although some of the data that it contains appears contradictory (for
example, the Lutzville Periodical Court is reported as handed over with a total
project cost of R11.8 million but over the MTEF the following amounts are
budgeted for: R6.1 million in 2013/14; R0.7 million in 2014/15; and R36.6
million in 2015/16). The Ntuzuma Magistrates Court officially opens on 28 May
2013. The construction of the new Limpopo High Court in Polokwane began in
February 2010 and was due for completion in July 2012 but is not on track. The
most recent projections are that the Court will be completed next year with a
total cost of R460 million. The new Mpumalanga High Court in Nelspruit is being
planned and is due to be implemented in 2013/14.
8.7.2.
Infrastructure spending.
Last year the Committee reported that Department has struggled to spend
its CAPEX budget because of DPWs inability to deliver on capital works
projects. The Department declared a savings of R200 million but, fortunately,
was able to reprioritise the funds. The Committee is also concerned that delays
result in rapidly escalating costs (for example, delays are partially to blame
for escalating project costs for additional accommodation at the Johannesburg
High Court escalate from an initial tender estimate of R269 million to R345
million). Operational inefficiencies on the part of the Department of Public
Works appear to be a contributing factor in the delays associated with these
large projects. The Committee requests that the Department continues to brief
it on spending and performance relating to the Departments capital works
(CAPEX) programme at every quarterly meeting. The Committee requests, in
addition, that the Department provide a report on the progress to date, with
time frames, of its infrastructure projects by 19 July 2013.
8.7.3.
State of court
buildings
. The physical state of many courts is a concern: the infrastructure is
often old and degraded. Court buildings are not maintained adequately, so that
facilities degrade faster than they should. Unpleasant working conditions
adversely affect the work of users and impact negatively on service delivery. It
notes, too, the Public Service Commissions (PSC) recent findings on its
inspections of Regional Courts in all nine provinces. The PSC identified
outdated/dilapidated court infrastructure as a contributing to court backlogs:
a lack of court rooms and shared accommodation results in more postponements.
The impact of this are increased postponements and delayed finalisation of
cases. The Committee requests the Department to respond, in writing to the
observations and recommendations contained in the PSCs reports, indicating its
plan of action and progress made, by 19 July 2013.
8.7.4.
Maintenance of existing infrastructure.
The Department told
the Committee that DPW does have a planned maintenance programme for court
buildings but that the Department is unable to establish with any certainty
details of the programme. The Committee finds this altogether unacceptable and
queries whether DPW should continue to be responsible for maintaining court
buildings The Committee acknowledges that budget constraints pose a challenge
for the maintenance of court infrastructure and the need to build additional
courts must be weighed against the need to maintain what already exists. The
Committee requests that the Department continues also to report on its court maintenance
programme by 19 July 2013, and be prepared to present on it quarterly.
8.8.
Court performance and related matters
8.8.1.
Assessment of the impact of the decisions of the
Constitutional Court and the Supreme Court of Appeal
.
The Committee notes that the Minister indicated that a service provider
will be appointed for the proposed
assessment of the impact of the decisions of
the Constitutional Court and the Supreme Court of Appeal on the South African
law and jurisprudence by the end of April 2013. It requests that the Department
keep it regularly informed on progress made
with
the proposed
assessment which will be conducted once a service provider is appointed.
8.8.2.
Office of the Chief Justice
. The Committee is pleased at the pace of progress in capacitating the Office
of the Chief Justice, which was proclaimed two years ago as a government
department and is mandated to provide support to the Chief Justice in his/her
role as both Head of the judiciary and the Constitutional Court. The enactment
of the Constitution Seventeenth Amendment Act and Superior Courts Bill will add
further functions to this Office. The Department signed a memorandum of
understanding with the Office to transfer administrative support functions to
it relating to JSC, SAJEI, SCA and Constitutional Court. The Committee notes,
however, that the SCA has yet to be transferred. In future, a transfer of
certain functions relating to the Magistrates Commission and the Rules Board
is envisaged. These, however, will require legislative amendments. More
recently, National Treasury has proposed a budget programme structure that
encompasses all
Superior Courts,
SAJEI and Judges Salaries as a direct charge from the National Revenue Fund. Once
the programme structure is approved and Treasury requirements complied with,
the Budget Vote for the OCJ will be created. The Secretary-General will become
its accounting officer (and not the DG: Justice as is the case at present). The
Committee is pleased with this development as it believes that it further
strengthens the independence of the courts and the rule of law.
8.8.3.
Capacitating the Office of
the Chief Justice
. The Committee welcomes
the appointment of a Secretary-General to head the OCJ and appreciates her
appearance before the Committee so soon after taking up the position to present
the OCJs strategic plan and budget for 2013/14. The Committee was told that OCJ
has 224 filled posts with 99 vacancies. Only six of these are funded, which is
proving to be a challenge. At SMS level, filling the vacant posts of Chief
Financial Officer and Director: Internal Audit is regarded as critical and
headhunting is now in progress. The Committee this and requests that it be kept
informed of progress, as well of any challenges that the OCJ encounters.
8.8.4.
The Committee remains dissatisfied at slow progress in court performance
despite many well-funded initiatives, including projects to reduce case
backlogs and to ensure more efficient case management. The number of backlog
cases appears to have declined gradually but is still unsatisfactory. A key
focus for the Department is to facilitate the finalisation of case backlogs.
However, the Committee is aware that the Departments role is largely limited
to providing resources and personnel the progress of a case is dependent on a
number of other stakeholders. In the past year, there have been exciting developments.
The Constitution Seventeenth Amendment Act, 2012, and Superior Courts Bill [B7
2011] provide the legislative framework that will enable the judiciary to
take responsibility for the administration of judicial functions of all courts,
including case flow management. The Committee is pleased to hear that the Chief
Justice has already begun addressing judicial case flow management and that
there is progress. Capacitating of the OCJ should also greatly assist the Chief
Justice in addressing this priority.
8.8.5.
The Committee has been aware for some time that the Department is
experiencing considerable challenges concerning document management in some
courts. There have been various reports of chaotic conditions at High Courts
countrywide and that files have gone missing. Many of our courts no longer have
storage space and, as the Committee learnt on a recent oversight visit, the
problem is exacerbated as the National Archives is unable to accommodate all
archived case files. The Department instituted a five-year document management
project to address the problem. The Department reports now that the off-site
document storage project has been deployed in seven courts. The project has
been implemented extremely successfully in the Western Cape: when the project
is rolled out elsewhere, it will be used as best practice. The Committee
welcomes the invitation for it to visit the project and will contact the
Department soon in order to make the necessary arrangements for the next
quarter. The Committee notes, however, the recent judgement in the Western Cape
High Court on this point. It asked the Department to provide it with a report
on how it intended to address the problem of missing files countrywide. The
Committee has received the information requested, and will consider it as soon
as its programme allows.
8.9.
Truth and Reconciliation Commission (TRC) process.
Parliament approved assistance measures for victims identified in terms
of the Truth and Reconciliation process. The Committee is pleased that at long last
almost all outstanding beneficiaries have been traced and the reparations paid.
The Department reports, therefore, that its focus has shifted to finalising and
implementing the regulations seeking to implement outstanding TRC
recommendations. The Department has engaged the Independent Development Trust
(IDT) to conduct a needs analysis and project manage the Community
Rehabilitation regulations. The process has started with consultations in
Mamelodi and Alexandria. Draft regulations relating to Higher Education were
submitted to the Ministers of Higher Education and Finance for comment.
Similarly, draft regulations relating to medical benefits were submitted to the
Ministers of Health and Finance. The Minister of Health is reported to have
indicated that he is satisfied but the Minister of Finance has proposed a new
model. Further research must be done. There have been discussions with the
Department of Housing and it may be that the National Housing Code may render
the regulations unnecessary. A needs analysis of victims must be undertaken
before policy decisions can be made. The Committee accepts that although the
Department is responsible for the regulations, these relate and will need to be
implemented by other line-function departments. The full support of these
departments is necessary. The Committee notes too that, in light of the limited
funds available, the high expectations of victims pose further difficulties for
the Department. Still, the Committee remains extremely displeased that the
outstanding regulations are not yet finalised and requests the Ministers
intervention in this regard. It asks the Department to provide a report on
progress to date, with time frames, by 19 July 2013 and that the Department
continues to brief it quarterly on progress.
8.10.
State Legal Services.
The discussion document on
the Review of State Legal Services details plans to consolidate structures
providing legal services to the State to enhance performance. The Committee has
previously queried certain aspects relating to state litigation, including the
fragmented approach to the management of state litigation in an increasingly
litigious society, and the absence of a framework making use of alternative
dispute resolution mechanisms. It looks forward to engaging further with the
Department on the Review and intends to ask the Department to brief it on the
Review in the near future. The Committee notes the Departments intention to
introduce the necessary legislation to provide for a chief State Attorney
the Solicitor-General, who will be responsible and accountable for
implementation of the States litigation strategy. The Committee reminds the
Department that there is only a narrow legislative window before the end of the
Fourth Parliaments term and urges it to table the legislation soon.
8.11.
Vulnerable groups
8.11.1.
Spending on vulnerable
groups
. The Committee is interested in how much is
being spent on vulnerable groups and asks for the information regularly. The
Committee supports the Departments suggestion that the restructuring of the
Court Services programme, as a result of the migration of certain
sub-programmes to the OCJ, may make it possible for the Department to consider having
a dedicated programme for vulnerable groups. The Committee supports this, as it
will assist greatly to make spending on vulnerable groups more transparent. The
Committee requests that the Department continue to report quarterly on its
spending plan for vulnerable groups. This includes details of what was spent on
the implementation of legislation, such as the Child Justice Act, 2008, the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, and the
Childrens Act, 2005.
8.11.2.
Service Delivery Charter
and Service Standards.
The Committee remains pleased
at the focus on maintenance matters in the Departments strategic plan to
improve delivery of maintenance services. The Department has mentioned before
that its new Service Delivery Charter and Service Standards is intended to contribute
to ensuring a more compassionate and responsive approach on the part of justice
officials when dealing with the public. Despite this, however, members continue
to receive numerous complaints regarding maintenance matters. The Committee has
intended to invite the Department to brief it specifically on its new Service Charter
but, due to time constraints, has been unable to do so yet. It requests,
therefore, that the Department provide a briefing document and progress report
on its implementation by 19 July 2013, and be prepared to brief the Committee
on it at the next quarterly meeting.
8.11.3.
Guardians Fund.
The Committee queried the accessibility
of the Masters Offices for Guardians Fund matters although it acknowledges
the innovative online services now offered and their popularity/uptake. The
Committee has expressed its unhappiness in the past that, in contrast to
deceased estates which can be accessed at all magistrates courts; there are
only six offices countrywide that can deal with Guardians Fund matters. Some
of the six offices are not even located in the biggest urban areas and for those
living outside of these centres access is difficult. The Department told the
Committee that the new paperless administration system should reduce the
potential for fraud and will allow the Department to expand the number of service
points where documents can be collected and quality controlled, and then sent
to central Offices for processing. The Department reports that 29 places have
been designated where documents can be verified. In addition, beneficiaries can
be paid by means of EFT. The Committee welcomes these initiatives but remains of
the view that the expansion of Guardians Fund services is urgent and that, in
the meantime, consideration should be given to the increasing the use of Masters
Offices and service points as collection points for documentation.
8.11.4.
Child
Justice
. The Committee is extremely concerned at
reports regarding the implementation of the Child Justice Act, 2008. For
example, the number of children coming into conflict with the law appears to be
decreasing but there is little research to indicate whether or not this is a
positive development. It notes too that the indicator relating to the
establishment of One-Stop Child Justice Centres has been removed. The Committee
intends to hold a meeting with relevant stakeholders on the Acts implementation
in the next quarter.
8.11.5.
National Register of Sexual
Offenders (NRSO)
. The Committee learnt that there has been some
progress made capturing the particulars of those convicted of sexual crimes but
remains extremely concerned at the slow pace of capturing the particulars of
historical records of those convicted of sexual crimes given how important the
register as a preventative tool. The Department informed the Committee that it
is discussing with the Department of Social Development the possibility of combining
the NRSO with the Childrens Register provided for in terms of the Childrens
Act. The Committee welcomes this, as it should prevent any duplication and
waste of resources.
8.11.6.
The Committee
remains concerned about challenges relating to the implementation of the
Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, and
intends holding a
meeting with relevant stakeholders in the next
quarter.
8.11.7.
The Committee supports a proposal to amend the Criminal Law (Sexual
Offences and Related Matters) Amendment Act to provide for dedicated sexual
offences courts. It notes that the regulations will determine the criteria for
designation but is informed that this will not preclude any other court from
acting as a sexual offences court. The Committee also requests that the
Department consider other ways of extending the benefits of dedicated sexual
offences courts, such as extending the geographical jurisdiction of equipped
sexual offences courts and making use of circuit courts, to make these courts
more accessible without the associated costs of a fully-fledged court. The
Committee requests further details, in writing, of the re-established dedicated
sexual offences, listing the courts that are ready to be re-established, as
well as those that will be established soon by 19 July 2013. The Committee also
requests that it be furnished with the criteria for these.
8.11.8.
The Committee is concerned about the
availability and
preparedness of magistrates to preside over sexual offences courts: magistrates
have cited stress as the main reason for their unwillingness to preside over
such cases. The Committee was unable to clarify whether magistrates have access
to the employee wellness programmes that are available to justice officials.
The Committee is aware of the risk of trauma associated with dealing with
sexual offences cases but believes that if appropriate measures, including
ensuring a wider pool of dedicated magistrates and staff to allow for rotation,
are put in place this risk can better managed. It asks that the Department
clarify the position of magistrates in this regard, in writing, as well as
provide details of its plan to lessen the risk of psychological trauma for
those magistrates and justice officials who work with sexual offences cases, in
writing, by 19 July 2013
.
8.11.9.
The Committees attention is drawn to the difficulties that NGOs are
experiencing as access to donor-funding dries up. It is most concerned that
NGOs, who provide
psychosocial support to victims of sexual offences, are no longer able to
afford to do so. The Committee believes that the support that these NGOs
provide to victims of sexual offences also assists the criminal justice system.
The Committee asks that the Department looks into ways in which it, in turn, can
help those NGOs, which provide psychosocial services, to access the necessary
funding.
8.11.10.
The Committee supports the suggestion that there
should be a focus on identifying and removing backlog sexual offences cases
from the court rolls. It asks that this be raised with the Chief Justice as
part of efforts to improve case-flow management.
Part 3 National
Prosecuting Authority
9.
Programme 4:
National Prosecuting Authority
9.1.
The Acting National
Director of Public Prosecutions (NDPP), Adv N Jiba, presented the NPAs strategic
plan 2013-18 and annual performance plan 2013/14. The NPA has reviewed its
plans, remains committed to the strategic direction embarked on in the past
three years: in essence, therefore, the plan remains unchanged. Severe budget
constraints, however, have made it necessary to scrutinise indicators and
targets and there are some changes in this regard.
9.2.
The JCPS Service delivery
agreement remains the basis for the NPAs planning so that its strategic objectives
relate closely to relevant JCPS outputs. In addition, the NPA has identified
the following priority areas contained in the National Development Plan as
being of particular relevance to it: strengthening the criminal justice system;
building safety using an integrated approach; and building community
participation in community safety.
9.3.
The annual performance
plan provides the performance indicators and annual targets for 2013 and for the
medium term:
Strategic
objective
|
Indicators
|
Target
|
Performance
2011/12
(estimated)
|
Target
|
||
2012/13
|
2013/14
|
2014/15
|
||||
Increased successful prosecution of serious
crime
|
No. of criminal cases
where sentence > 10 yrs (no option of fine) is imposed.
|
7 311
|
6 889
|
7 027
|
7 168
|
7 311
|
Criminal convictions
measured against no. Of new cases enrolled in Regional & High courts.
|
45%
27 234
|
39%
25 663
|
41%
26 177
|
43%
26 700
|
45%
27 234
|
|
Improved collaboration with JCPS partners
|
Overall conviction rates
|
88%
358 344
|
88%
337 666
|
88%
344 419
|
88%
351 308
|
88%
358 344
|
No. criminal court cases
finalised, including ADRM
|
504 687
|
471 148
|
481 638
|
493 665
|
504 687
|
|
Improved prosecutions of JCPS officials charged with corruption
|
No. of JCPS personnel
convicted of corruption.
|
180
|
150
|
160
|
170
|
180
|
Improved justice services for the victims of crime
|
No. of operational TCCs.
|
45
|
30
|
35
|
40
|
45
|
Increased successful prosecutions of serious corruption
|
No. of convictions where
there is at least R5m assets restrained.
|
100
(cumulative)
|
0
|
30
|
35
|
35
|
No. freezing orders with
at least R5m assets restrained
|
110
(cumulative)
|
10
|
20
|
30
|
40
|
9.4.
The NPAs budget allocation for
2013/14 is as follows:
R
thousand
|
2012/13
|
2013/14
|
National Prosecutions
|
1 810.8
|
1 968.2
|
Specialised Prosecutions
|
237.9
|
294.3
|
Office of Witness Protection
|
155
|
159.6
|
Asset Forfeiture Unit
|
109.3
|
116.7
|
Support Services
|
496.8
|
511.5
|
Total
|
2 839.8
|
3 050.4
|
9.4.1.
The
NPA is allocated R3.05 billion for 2013/14. Overall, in real terms, the
allocation shows little growth from 2012/13 the 6% growth is inflation-based.
9.4.2.
The National Prosecutions sub-programme
provides for general prosecutions, which includes resolution of criminal
matters outside of the formal trial process through Alternative Dispute
Resolution Mechanism (ADRM). This is the NPAs largest sub-programme: it
receives R1.9 billion or 73% of the overall allocation to the programme.
9.4.3.
The
Specialised Prosecutions Service sub-programme refers to specialised
prosecution units that deal with priority crimes litigation, sexual offences,
community affairs and special commercial crimes. This sub-programme is
allocated R294.2 million or 10% of the NPAs budget for 2013/14.
9.4.4.
The Witness Protection sub-programme provides for
protection, support and related services to vulnerable witnesses and related
people in judicial proceedings. The sub-programme is allocated R159.6 million
or 5.6% of the NPAs budget for 2013/14.
9.4.5.
The Asset Forfeiture Unit (AFU) sub-programme is
responsible for seizing assets that are the proceeds of crime or have been part
of an offence through a criminal or civil process. The AFU receives R116.6
million for 2013/14, which is 4.6% of the NPAs overall budget.
9.4.6.
The Support Services sub-programme provides
corporate support services in terms of finance, human resources, ICT, supply
chain and risk management to the NPA. It receives R511.5 million or 17% of the
programmes total budget.
9.5.
The following are
identified as key challenges for 2013/14:
·
Severe budget
constraints have resulted in the NPA having to streamline its strategic
objectives in order to align them with limited resources.
·
As a result of
the implementation of the Job Evaluation award and OSD, the NPA has had to put
in place cost-saving measures that impact on its overall operations. Among
others, this has led to the suspension of the Aspirant Prosecutor Programme.
·
The current budget
allocation does not take into account the cost-of-living salary adjustments and
performance rewards for the current year. The NPA projects that there will be a
shortfall of R78 million in 2014/15 and R82 million in 2015/16 on its
compensation of employees budget. The NPA, therefore, cannot fill vacancies as
they arise.
·
Given the present constraints, the NPA is unable to
provide two prosecutors
for the
re-established dedicated sexual offences courts.
9.6.
Committees response
9.6.1.
The Committee appreciates the candid manner in
which the NPA presented its plans and explained the impact of its present funding
challenges for performance, although it is simultaneously appalled at the
possible consequences for the effectiveness of the criminal justice system as a
whole.
9.6.2.
The Committee notes that, in past years, it
expressed concern regarding the NPAs financial planning and management of
expenditure, which had resulted in the NPA underspending on its budget. The NPA
has now indicated quite the opposite: it has serious funding challenges, which
may cause overspending.
The NPA paints a bleak picture:
It projects that it will overspend on its compensation of employees budget
already there is a shortfall of R25 million to pay salaries. Nor is there any
money available to pay performance awards and these will be made through forced
savings to the NPAs goods and services budget, which is seemingly low at 20%
of the NPAs overall budget.
9.6.3.
Not for the first time, the Committees attention is been drawn to the
difficulties presently experienced by almost all entities that report to it
regarding the implementation of Occupation Specific Dispensation (OSD) funding.
Briefly, the problems appear to be twofold. The first relates to the failure to
fully appreciate the carry through costs of the OSD funding, which has severe
implications for the budget of affected entities (notably the NPA). The second
relates to the manner in which it impacts on the professional stream. The
Committee was told that there is meant to be a review of the OSD
post-implementation after a specified time but this has not happened. The NPAs
financial problems are exacerbated by a court order regarding job evaluations.
The NPA
set out clearly the background to its projected overspending on its compensation
of employees budget: The Constitutional Court denied leave to appeal in
November 2012 in respect of the implementation of 2005/06 job evaluations for
prosecutors. The award and payments have already been made amounting to R53
million. Interest was also payable but a settlement agreement was reached with Labour
to forfeit the interest so that funds would be made available for the payment
of performance bonuses. The Department did not support a request for additional
funding for the Adjusted Estimates of National Expenditure and a request for
additional funding for the MTEF was not approved by National Treasury. The
Committee is sympathetic to the NPAs request for additional funds of R200
million.
It notes that the NPA has taken
steps to cut costs and is actively pursuing alternative funding. However, it is
unclear to the Committee why the NPAs predicament is receiving such a tepid
response from the Department and National Treasury when the consequences seem potentially
so disastrous.
9.6.4.
The Committee
notes that the NPA has no vacancies (notably at the beginning of 2012,
vacancies among prosecutors was at 12%). This is less impressive given that,
funding shortages last year led the NPA to remove all unfilled posts from its
structure. Now with the additional pressures, the NPA has informed the
Committee that every post that falls vacant becomes, in effect, an unfunded
position which it cannot fill. This is wholly undesirable as it places strain
on overworked prosecutors and when experienced prosecutors leave, their
expertise cannot be replaced. The Committee notes too that
the NPA was quite clear that it does not have the
resources to assign two prosecutors for each of the dedicated sexual offences courts
when these are re-established, despite this being a national priority.
9.6.5.
The Committee, however, welcomes the appointment of
the CEO, as this position has been filled in an acting capacity for too long.
9.6.6.
The NPAs presentation of its strategic plan
clearly indicated the changes made and was accompanied by clear reasons: Severe
budget constraints have, among others, made it necessary for the NPA to
scrutinise its indicators and targets, limiting the scope of high impact
indicators and setting more realistic targets. However, the Committee is not
pleased that targets have been lowered below present performance levels, despite
the NPAs explanation that it cannot afford to replace experienced prosecutors
when they leave and this does impact negatively on performance.
9.6.7.
The Committees attention was also drawn to the
difficulties that a body, such as the NPA, faces in complying with what the
Auditor-General wants when assessing performance against pre-determined
objectives for auditing purposes, compared to the expectations of the public,
especially when it comes to public order and safety. The AFU has traditionally
set stretched targets but reduced its targets as the Auditor-General tends to
regard the failure to achieve these targets as an indication of poor planning. The
Committee believes that this needs addressing across the Cluster.
9.6.8.
The Committee remains concerned at the large number
of informal mediations used to resolve cases, albeit that informal mediation
typically occurs in less serious offences. It fears that, as informal mediation
is unregulated, there is potential for the process to be abused. The Committee
has previously expressed its view that there may be a need for legislation to
regulate alternate dispute resolution methods that include both diversion and
informal mediation. The Committee also requests that the NPA provide the
Committee with a written report by 19 July 2013 giving statistics of informal
mediation for 2012/13, including the number of cases finalised using informal
mediation, a geographical spread of these cases and an indication of the types
of offences in which informal mediation was used. The Committee also requests
the NPA to consider including an indicator for plea bargains.
9.6.9.
The Committee has previously pointed out to the
Acting NDPP that responsibility for the Witness Protection programme, in fact,
should not reside with the NPA but with the Department. The matter was also
raised with both the Minister and Director-General. Although the NPA has
indicated that it would welcome the relocation of this responsibility to the
Department, the Minister indicated to the Committee that
the cost of transferring the infrastructure is
prohibitive and that the NPA is better placed to continue running the witness
protection programme for now. However, the Minister assured the Committee that
the Director-General, as accounting officer for the NPA, also accounts for the
witness protection programme.
9.6.10.
The
Committee has previously expressed its belief that it is undesirable that the
position of National Director of Public Prosecutions remains unfilled for any
length of time. It is still of this view.
Part 4 Auxiliary
and Associated Services
10.
Overview of the
budget allocation to Auxiliary and Associated Services 2013/14
|
2012/12
(Revised
estimate)
|
Medium
term estimates
|
||
(R000)
|
2013/14
|
2014/15
|
2015/16
|
|
Legal
Aid South Africa
|
1 270.7
|
1 378.2
|
1 472.5
|
1 554.2
|
Special
Investigating Unit
|
340 713
|
305 859
|
296 813
|
313 098
|
South
African Human Rights Commission
|
101 530
|
115 999
|
126 136
|
133 199
|
Public
Protector
|
183 147
|
199 253
|
217 584
|
230 397
|
Justice
modernisation
|
565 763
|
852 914
|
986 088
|
1 063 048
|
Presidents
Fund
|
1
|
1
|
1
|
1
|
Represented
Political Parties Fund
|
109 180
|
-
|
-
|
-
|
Total
|
2
555 479
|
2
834 708 (11%)
|
3
079 586 (9%)
|
3
274 410
(6%)
|
11.
Legal Aid South
Africa (Legal Aid SA)
11.1
Legal Aid SA was
established by the Legal Aid Act, 1969, as amended, and provides independent
and impartial legal aid to indigent persons at the states expense with a view
to improving justice and public confidence in the law. It provides services in
all district, regional and high courts through its extended network.
11.2
This financial year
(2013/14) is the second year of the implementation of the 5-year Strategic Plan
2012-2017. Current National Treasury Guidelines do not require an annual review
of the Strategic Plan. The Annual Performance Plan for 2013/14 continues
implementation of the second year of the Strategic Plan.
11.3
The outcomes and
strategies remain the same and no new strategies were added for the 2013/14
financial year.
11.4
With the budget cuts of
the 2012/13 year and minimal additional funds for the current financial year,
the focus will be on maintaining existing programmes and projects.
11.5
The entity has been
allocated R1.3 billion, R1.4 billion and R1.5 billion over the medium term.
Legal Aid SA also generates revenue income (currently R17.5 million). Revenue has
increased from R940.5 million in 2009/10 to R1.2 billion, at an average annual
growth rate of 10.6%, and is expected to increase to R1.5 billion in 2015/16,
at an average annual growth rate of 6.9%. The overall increase in budget is 8%
due to additional funding received for: the implementation of the Child Justice
Act and Childrens Act; increased legal capacity; and improved conditions of
service.
11.6
Legal Aid SA has
allocated its budget for 2013/14 as follows:
BUDGET PER FUNCTIONAL
AREA
|
BUDGET ALLOCATION 2013/14
|
% OF TOTAL BUDGET
|
1.
Client, Community, Stakeholder & Shareholders
|
939 361 544
|
66.2%
|
2.
Finance & Sustainability
|
22 838 326
|
1.6%
|
3.
Business Processes (Internal)
|
14 486 976
|
1.0%
|
4.
Employee & Organizational Capacity and Innovation
& Learning
|
328 568 315
|
23.2%
|
5.
Additional Programmes
|
113 390 470
|
8%
|
TOTAL BUDGET
|
R 1 418 645 631
|
100%
|
11.7
Priorities
for 2013/14 include the following:
·
Maintaining and
ensuring delivery of legal aid to clients in criminal and civil matters, including
advice matters.
·
Continued
development of competency of legal practitioners to ensure the delivery of
quality legal services.
·
Ensuring good
governance and financial management to maintain unqualified audits.
·
Redevelopment
of the legal-administration IT Application.
11.8
Committees response
11.8.1.
Legal
Aid SAs presentation of its strategic and annual performance plan has, as ever,
greatly impressed the Committee. It congratulates Legal Aid SAs on the role it
played in the process of drafting the United Nations principles and guidelines
in providing legal aid assistance in criminal matters. Legal Aid SAs leadership,
governance and institutional arrangements and method of work are laudable and,
in the Committees view, should be drawn upon as best practice within the
Cluster. The Committee, however, would have liked to have greater insight of
Legal Aid South Africas work by undertaking oversight on the ground but
fears that this may not be possible in the time remaining to it before the end
of the Fourth Parliament.
11.8.2.
The
Committee is told informed that Legal Aid SA, through its mixed-delivery model,
is able to cover all courts, although it experiences capacity challenges,
especially relating to providing relief staff should a practitioner be ill,
etc. The Committee is very pleased that Legal Aid SAs budget has not been cut
for 2013/14 as was feared, as this means that court coverage will not be
affected for now.
11.8.3.
The Committee
has supported Legal Aid SAs goal of expanding its civil work and impact
litigation cases. Last year it suggested that the SAHRC approach Legal Aid SA to
request legal assistance in high impact civil litigation cases. It is pleased
that the Commission has done so and that there is agreement to draft a
memorandum of understanding in this regard.
11.8.4.
The
Committee notes that Legal Aid SA intends bringing amendments to the Legal Aid
Guide. However, it is important for the Guide to be tabled as soon as possible
so that the Committee could consider it before the end of the Fourth
Parliaments term.
11.8.5.
Although
the Committee is pleased to learn that Legal Aid SAs IT systems are linked to
the SAPS electronic case management system, it notes that Legal Aid SAs report
that certain refinements would improve its effectiveness. Currently, the system
informs Legal Aid SA that a particular person will appear in court but does not
indicate in which court
the appearance is to take place.
12.
Special
Investigating Unit (SIU)
12.1.
The SIU is an
independent, statutory body that investigates corruption and maladministration
and can institute civil legal action to correct any wrongdoing uncovered.
Investigations are mandated by Presidential proclamation.
12.2.
The SIU currently has 25
active proclamations. Ten and seven proclamations relate to the national and
provincial spheres of government respectively. Of the total of 25
proclamations, 15 are projected for completion during the current financial
year. A total of 67% of the proclamations relate to procurement issues.
12.3.
The SIU is funded by way
of a transfer payment from the Vote and, also, generates its own income by
charging client departments for its investigations.
12.4.
Following amendments to
the SIU Act, the Unit can now institute civil actions. The legislative
amendments have resulted in the change of focus and civil litigation has now
become the primary outcome of investigations. This has also resulted in
amendments to performance indicators and targets. The Unit has established a
new section to handle civil litigation. More capacity
will be required for the section to function effectively.
12.5.
The SIU budget for 2013/14 is as follows:
Income and expenditure
|
|||
|
Audited
2011/12
|
Unaudited
2012/13
|
Budget
2013/14
|
Income
|
R'000
|
R'000
|
R'000
|
Grants Received
|
323191
|
340 712
|
305 859
|
Project Income
|
172481
|
153 224
|
226 616
|
Other income
|
1 664
|
3 738
|
|
Total Income
Expenditure
|
497 336
|
497 674
|
532 475
|
|
|
|
|
Employee Costs
|
203 609
|
233 875
|
245 460
|
Investigative Consultants
|
149 232
|
71 731
|
82 924
|
Travel and Accommodation
|
25 829
|
28 369
|
32 581
|
Depreciation
|
15 113
|
18 950
|
25 836
|
Finance Costs
|
3
|
3
|
|
Other Expenses
|
98 110
|
106 540
|
108 891
|
Total Expenditure
|
491 896
|
459 468
|
495 692
|
Surplus
|
5 440
|
38 206
|
36 783
|
12.6.
The main strategic objective of the SIU is to
increase the impact of its forensic services
in the public sector by completing investigations successfully.
12.7.
For the SIU to be able to achieve its strategic objective,
the
organisation has identified the following strategic drivers, namely to:
·
Achieve optimum
institutional form.
·
Foster excellent
cooperation with law enforcement partners and stakeholders.
·
Develop an
effective, accountable and engaging leadership.
·
Secure
appropriate capacity and funding.
·
Align and
improve systems and processes.
·
Invest in
appropriate technological capacity.
·
Build
an
engaged, diverse and competent SIU.
12.8.
The SIU identifies the following challenges for
2013/14:
·
Pre-proclamations
work. There is a need to review the process for motivating and issuing of
proclamations by the President.
·
Funding Model. The
current grant funding requires reviewing to relieve reliance on project funding.
·
It is unable to
recover all project-generated funds.
·
There are limited specialist
skills for forensic investigations.
12.9.
Committees
response
12.9.1.
The Committee commends the SIU for its work in
tackling fraud and corruption within government. It is, however, wholly dissatisfied
with the quality of the SIUs presentation, which in the Committees view does
not provide it with sufficient information for it to evaluate the SIUs budget.
12.9.2.
In the Committees view, the quality of the SIUs
planning leaves much to be desired. The Committee notes that no explanation is provided
for changes to indicators of performance and targets contained in the SIUs
annual performance plan for 2013/14.
12.9.3.
The Committee feels that the targets set for this
financial year are too low in the light of the estimated yearly value of
corruption (which the Committee was previously informed exceeds R30 billion
annually). The SIU informed the Committee that it has moved towards an approach
in which it investigates fewer but more complex cases. The Committee believes
that if the approach is one that focuses on impact, the targets (for cash
recoveries) should be considerably higher in value.
12.9.4.
The SIUs past difficulties relating to its funding
have been resolved. However, even before these challenges emerged, the SIU had
alerted the Committee to the risk of relying too much on funding from service
level agreements. It has also meant that the SIU has not been able to grow its
own internal capacity in the way it would have liked. The Committee, therefore,
agrees that there does need to be further debate on the appropriate funding
model for an anti-corruption agency such as the SIU.
12.9.5.
The Committee is especially unhappy regarding the
SIUs presentation of its operations, which was neither sufficiently detailed
nor up-to-date. The Committee has made it quite clear on past occasions that
it expects to be kept informed of the SIUs operations/investigations, so it
does not understand the SIUs failure to ensure a comprehensive presentation on
its work.
The Committee, therefore, asks
the SIU to provide it with a comprehensive written report by 19 July 2013 of
the proclamations it has received and their status for the past three years.
Information regarding the outcome of investigations should be included.
12.9.6.
The Committee is extremely concerned that documents
and interim/progress reports are being leaked from the SIU by its staff members
and that, in one instance, this caused the court being misled. It notes too
that the SIU has only recently begun vetting its staff for security clearances,
with a focus on those involved in supply chain management. It asks that the SIU
keep it updated on progress in this regard.
12.9.7.
The Committee also queried inconsistencies in the interim
reporting processes and asks that it provide the Committee with details of its
reporting processes, including the procedure for issuing interim/progress
reports in writing by 19 July 2013.
12.9.8.
The Committee notes that legislation is being
prepared that addresses the Auditor Generals finding that expenses incurred
relating to pre-assessments is irregular expenditure The Committee feels it to
be a pity that the amendments were not dealt with last year when the Committee
considered legislation to address funding challenges that the SIU was
experiencing. The Committee urges that the proposed amendments are expedited so
that it is able to deal with them before the end of the Fourth Parliaments
term.
12.9.9.
The Committee has previously expressed its belief that,
given the vital role that the SIU plays in fighting corruption within the
public sector, it is undesirable that the position of Head of the SIU remains
unfilled for any length of time. It is still of this view particularly since
the position has been vacant for 17 months.
13.
South African
Human Rights Commission (SAHRC)
13.1.
The mandate of the South African Human Rights
Commission (SAHRC) is to support and strengthen constitutional democracy by
promoting, protecting and monitoring human rights.
13.2.
The pressure of a limited budget and other resource
constraints led the Commission to review its strategic plan. The strategic plan
encompasses the period 2012-2015, identifying the following five strategic outcome-orientated
goals:
·
Improve the
quality of complaints handling mechanism to enable greater access to and
protection of rights, particularly by the most vulnerable.
·
Improve the
quality of monitoring, evaluation of and reporting on the realisation of human
rights by streamlining the monitoring, evaluation and reporting processes to
effectively measure the realisation of human rights.
·
Inculcate a
culture of human rights through human rights advocacy by developing and
implementing an effective and efficient human rights advocacy plan.
·
Strengthen
organisational efficiency to ensure the effective and efficient utilisation of
human and financial resources.
·
Improve
communication and stakeholder engagement by developing communication tools and
key stakeholder relationships.
13.3.
There are six strategic objectives that flow from
the strategic outcome-orientated goals mentioned above. They are to:
·
Promote
compliance with international obligations.
·
Position the
Commission as the focal point for human rights in South Africa.
·
Strengthen
advocacy and human rights awareness training.
·
Advance the
realisation of human rights.
·
Advance the
right to equality and access to information.
·
Improve the effectiveness and efficiency of
the Commission.
13.4.
Overview of the SAHRCs budget for 2013/14:
Programme
|
Budget
R000
|
% increase
|
|
R thousand
|
2012/13
|
2013/14
|
|
Personnel
|
67 064
870
|
72 344
213
|
8%
|
Commissioners
|
2 714 044
|
2 801 860
|
3%
|
CEO
|
1 273 000
|
1 340 469
|
5%
|
Governance
|
384 212
|
404 575
|
5%
|
Finance
|
2 334 750
|
2 458 491
|
5%
|
Administration
& SCM
|
18 288167
|
23 069
063
|
6%
|
Human
Resources
|
2 626 140
|
2 249 928
|
-4%
|
IT
|
3 215 000
|
5 665 065
|
6%
|
PAIA
|
759 150
|
799 384
|
5%
|
Legal
|
836 767
|
2 724252
|
26%
|
Research
|
757 500
|
797 647
|
5%
|
Advocacy
|
676 400
|
712 249
|
5%
|
Internal
Audit
|
600 000
|
631 800
|
5%
|
Total
|
101 530
|
115 999
|
14%
|
13.5.
The Commission is allocated R115.9 million for
2013/14, which it receives in the form of a transfer payment from the
Department of Justice and Constitutional Development: The allocation is
reflected under the Votes Programme 5: Auxiliary and Associated Services. The
allocation for 2013/14 has grown in real terms by 8% from R101.5 million in
2012/13.
13.6.
The Commission has identified an ideal budget of
R148.8 million. Accordingly, due to the insufficient budget it has rationalised
its services:
·
Thirteen (13)
posts have been frozen, amounting to R5.9 million, most of which were in
Research and Human Rights Advocacy. This has impacted on the Commissions promotion
and monitoring mandates.
·
The Commission
is considering closing some of its offices as DPW has not renewed lease
rentals.
13.7.
Selected achievements for 2012/13 include:
·
Nine provincial
and one national hearing on water and sanitation.
·
Launch of the
Charter on Childrens Basic Education Rights.
·
A total of 363
media engagements.
·
Chair the forum
for institutions Supporting Democracy.
·
Implemented an
electronic case management system.
·
Implemented an
electronic leave management system.
·
Implemented an
electronic procurement system.
13.8.
Key activities planned for 2013/14 include:
·
Participate in
two International Co-ordinating Committee (ICC), two Network on African
National Human Rights (NANHRI) Institutions and two African Commission on Human
and Peoples Rights (ACPHR) activities.
·
100%
Implementation of Annual SAHRC Action-Plan based on outcomes of 28
international and regional activities, including the ICC and NANHRI.
·
Annual
International & Regional Human Rights Report completed by 30 June 2013.
·
Finalise 85% of
complaints.
·
100%
implementation of litigation strategy.
·
Host nine
provincial human rights calendar day events by 31 March 2014.
·
Produce
promotional material on Right to Food: Fact Sheet by 30 September 2013 Complete
Report on roundtable discussion on business and human rights by 31 March 2014.
·
Host two
national human rights events.
·
Complete 2012/13
Performance Monitoring and Evaluation Report by 30 June 2013
·
Complete
mid-term 2013/14 Performance Monitoring and Evaluation Report by 31 December
2013
·
Complete 2012/13
Section 184(3) Report by 30 June 2013.
·
Complete
Strategic Focus Area Report by 31 March 2014.
·
Publication on
Water and Sanitation by 30 September 2013.
·
Complete Equality
Report by 31 March 2014.
·
Complete
Promotion of Access to Information Act (PAIA) Audit Report by 31 March 2014.
13.9.
Committees
response
13.9.1.
The
Committee is highly appreciative of the SAHRCs valuable work in promoting and
protecting human rights. It feels that this Commission has come into its own
and the work it is producing is exciting. It notes, also, the SAHRCs
high-standing among human rights commissions worldwide and congratulates it on
this. The Committee is pleased that the SAHRC reports that it has managed to
secure funds from the Department of International Relations and Cooperation
(DIRCO), through the African Renaissance Fund, to allow the Chairperson to
assume the position of Chairperson to the International Co-ordinating Committee
of Human Rights Institutions.
13.9.2.
The
Committee acknowledges that the difference between the SAHRCs ideal budget of
R148 million and that, despite receiving an additional R24 million over the
medium term as a result of the Committees intention in the BRRR, the SAHRCs
allocation for 2013/14 constrains it ability to deliver on its mandate. The Committee
feels strongly that the SAHRCs request should be taken further and intends
approaching the parliamentary budget office in this regard.
13.9.3.
The
Committee queried the SAHRCs initial decision to investigate the Marikana
tragedy as the Committee believed that the SAHRCs work would overlap with that
of the Judicial Commission of Inquiry into the Marikana Tragedy and questioned
the potential for conflict as a result of shared counsel. The SAHRC
subsequently revised its terms of reference. The Committee notes that the SAHRC
reports that it is pleased with its contribution to the Inquiry, as it
presented a wider perspective addressing the socio-economic rights of the
miners.
13.9.4.
While
respecting the independence of the SAHRC, the Committee, however, believes that
given limited resources, the SAHRC may need to be selective about what it
investigates. In particular, the Committee is concerned that the decision to become
involved where there are also impending judicial proceedings, specifically the SAHRCs
report on the killing of Andries Tatane, may well be duplication. Further, the
Committee cautions against making findings when there are judicial processes
involved, and questions the usefulness of findings that are based on a desktop
study. The Committee raised its concerns regarding the report when it met with
the SAHRC, which provided the Committee with an explanation as to why it belied
the investigation to be important. The discussion that followed raises, in the
Committees opinion, many important issues. The Committee anticipates that
there will be greater opportunity to explore such questions with the
Commissions input when it considers the South African Human Rights Commission Bill
[B5 - 2013].
13.9.5.
The Committee
is pleased that the SAHRC has engaged Legal Aid SA on the possibility that it
might assist the SAHRC to conduct high impact litigation. It appears that this
process is well underway and requests that the SAHRC keep the Committee
updated.
13.9.6.
The Committee is alarmed at the prospect that
the SAHRC may need to close some of its provincial offices as a result of
funding constraints and non-renewal of leases by DPW. The assumption was that
DPW could secure better rentals terms for the SAHRC but this did not
materialise. The SAHRC is asking that the funds be devolved from DPW to it. There,
however, appears to be confusion about whether the SAHRC has been reimbursing
the DPW for the leased accommodation. The Committee, therefore, requests
further information, in writing, by 19 July 2013 from the SAHRC on this. The
Committee remains supportive, in principle, of the SAHRC acquiring its own
office building(s) in future.
13.9.7.
The
Committee supports the initiative to (re-)establish a forum for constitutional
institutions, which the SAHRC chairs. Past efforts to do so were not especially
successful but the need for the constitutional institutions to co-operate and
collaborate for greater efficiency and effectiveness remains even more so, given
the many challenges (not only budgetary) that these institutions are faced
with. The Committee is pleased that this initiative appears to be going well
but requests that the SAHRC continues to provide it with quarterly progress
reports on progress.
13.9.8.
The
Committee is concerned at the potential overlap between the SAHRCs constitutional
mandate to promote human rights and the Departments programme to address its
own constitutional development mandate. It has queried this in the past the
Departments programme is donor-funded and run by the Foundation for Human
Rights. Nonetheless, given the scarcity of resources, it seems preferable that
care is taken to ensure that there is no duplication, albeit that the approach
may be different. It notes, with approval, that the SAHRC has taken the
initiative to meet the National Commissioner: SAPS on the need to provide human
rights training
for SAPS officials.
13.9.9.
The
Committee urges the Minister to urgently table the
Determination of
Remuneration of Members of Constitutional Institutions Bill which is intended
to address disparities in the determination of the remuneration, allowances and
other conditions of employment of members of the Chapter 9 Institutions.
14.
Public Protector
(PP)
14.1.
The PP is mandated to support and
strengthen constitutional democracy by investigating any conduct in state
affairs or in the public administration in any sphere of government that is
alleged or suspected to be improper or as a result of any impropriety or
prejudice, to report on the alleged or suspected conduct and to propose
remedial action. The PP has a number of additional legislative mandates.
14.2.
The PP receives an amount of R
199.3
million in 2013/14. Most of the PPs budget (65%) goes to its compensation of employees
budget. The allocation to provinces is proportional to population statistics
based on the 2011 Census results.
14.3.
The strategic vision remains as articulated in
the Public Protector Vision 2020. The strategic thrust also remains unchanged,
although some sub-strategic objectives have been reviewed with a result that
these are collapsed from 28 to 18. This review of the sub-strategic objectives
was informed by the internal environment and the changing context of the nature
of the work undertaken by the PP. The baseline study focusing on stakeholder
views on the Public Protectors week also informed the strategy.
14.4.
Key achievements for
2012/13 include:
·
A total of 23
350 new complaints were received (with 10 183 complaints carried over from the
previous financial year). A total of 20 153 complaints were finalised and 13
085 were carried over to 2013/14.
·
A total of 48.5
million people were reached.
·
The
thoroughness of
investigations has improved.
14.5.
Feedback received from
Parliament
has led to a review of the organisations
footprint. The
organisation intends relocating some of its regional offices (the Siyabuswa
office will relocate to Emalahleni; the Vryburg office to Klerksdorp; and the Mabopane
office will relocate to Germiston). It also intends to
establish
and launch regional offices in Thohoyandou, Port Elizabeth and
Pietermaritzburg.
14.6.
The
organisation has amended the following strategic objectives:
·
Accessible to and trusted by all persons and communities
o
The organisation will put up signage on at least
50% of Public Protector buildings and signage on roads.
o
The
organisation will also
produce and distribute a corporate video for corporate branding. A total amount
of R800 000 is required for this.
o
Furthermore, the organisation will conduct a survey
on the Public Protector South Africas compliance with internal Customer
Service Charter with a view to improve the service experience of complainants.
·
Prompt justice including remedial
action
o
The organisation will map, re-engineer and automate
all identified business process by 31 March 2014, with a special focus on
improving efficiency in key processes
o
Turnaround times for investigation of early
resolution cases were revised as follows: 50% of the complaints resolved within
3 months; 30% of the complaints resolved within 4 months; 20% of complaints
resolved within 6 months.
o
The organisation will conduct training for organs
of state on the Public Protector Rules
·
Promotion of good
governance in the conduct of all state affairs
o
The organisation will identify, investigate and
resolve one own-initiative investigation per branch.
o
The organisation will also appoint mangers for
international relations and parliamentary affairs.
o
Through the African Ombudsman Research Centre, the
organisation will conduct at least two workshops on African Union shared values
with identified African states.
o
The organisation will create a database of
Ombudsman/Public Protector jurisprudence
·
An efficient and effective organisation
o
The organisation seeks to achieve 80% of its
strategic objectives within a 5.1% budget variance.
·
Optimal
performance and service
focused culture
o
Build a purpose
-driven organisation roll-out/team building.
14.7.
The Public Protector plans to invest most of its
resources in the following areas:
·
Public outreach to improve
accessibility in response to survey.
·
Trainee investigators: the
office introduced a formal training for investigators through the trainee
investigator programme.
·
The organisation is
finalising the procurement of a case management system for more accurate
reporting and regular feedback to complainants.
·
Video conferencing is now up
and running. This will assist with saving costs as less will be spent on
travelling for meetings.
·
Procurement of the integrated
financial management system was finalised.
·
The call centre is up and
running and the Toll Free number will be staffed soon. Advice will also be
given to complaints through the call centre.
14.8.
The
Public Protector highlighted the following of trends relating to the of
complaints of maladministration reported to it:
·
There is an increase in complaints
related to service delivery; corruption (especially procurement, buying of jobs
and bribery); protected disclosures; and the Executive Members Ethics Act.
·
A systemic investigation
shows continuing RDP housing challenges in areas of planning, procurement and
allocation of houses.
·
Other areas where there are
large numbers of complaints include police (brutality), health, workers
compensation and local government
.
14.9.
The Public Protector made the
following request for additional funds:
·
An amount of R77 million to
fill the approved organisational structure. The total approved structure
(excluding trainee investigations): 556 317 posts are funded posts but 239
are unfunded posts (174 Investigations posts, costing R56 million and 65
support staff costing R21 million).
·
R11 million to implement
the OSD to prevent brain drain (R11 million).
·
R3 million to upgrade
administrative posts.
·
R6 million for the implementation
of Phase 2 of video conferencing (this has cost-saving benefits as it will
reduce the need for travel).
·
R10 million for funding for
the electronic case management system (for licensing fees).
·
Funding for a Complaints
and Witness Support Fund. This has not been costed yet.
·
The Committees
support/assistance is requested to acquire property owned by government in
response to the exorbitant rent problem; to encourage state compliance with
investigation processes and implementation and remedial actions; and for the
Public Protectors good governance and integrity sector initiative.
14.10.
Committees
response
14.10.1.
The Committee reiterates its support for the Public
Protector and its conviction that the work that the Office does is not just
important it is vital. It is a positive that the public has so much faith in
the institution. As a State Institution Supporting Constitutional Democracy, the
Public Protector forms an integral part of the checks and balances of a
constitutional and accountable government and is an aid and complementary to
Parliaments oversight function. There is an unfortunate perception in some
quarters that the Committee is overly critical when it meets with Public
Protector but this is not so. The Committee is simply doing its work. The Public
Protector, as with all of the Chapter 9 institutions, is accountable to the
National Assembly. This Committee is mandated to oversee the PPSA. Any interaction
between the Public Protector and the Committee should be viewed in light of the
Committees responsibility in this regard. In the present context, in which the
Public Protector not only presented her Offices budget for 2013/14 but also
indicated additional funding needs, the Committee must ask the necessary questions
so that it can apply itself to the request. The Committee draws attention to
the Report of the Ad Hoc Committee on Chapter 9 and Associated Institutions
(2007), as well as an earlier report on Parliamentary Oversight and
Accountability (1999), which addresses the accountability of these institutions
to Parliament and contains useful suggestions in this regard.
14.10.2.
The Committee understands that the Public
Protectors mandate is wide and that the discretion to decide which cases
falling within her jurisdiction lies solely with her. However, in the context
of limited resources, the Committee is of the opinion that the Public Protector
should guard against taking on cases that fall outside of her jurisdiction,
such as complaints relating to court proceedings. The Public Protector may also
wish to consider making use of section 6(3) of the Public Protector Act which
allows her to refuse to investigate a matter reported to him or her, if the
person ostensibly prejudiced in the matter is- (a) an officer or employee in
the service of the State or is a person to whom the provisions of the Public
Service Act, 1994 (Proclamation 103 of 1994), are applicable and has, in
connection with such matter, not taken all reasonable steps to exhaust the
remedies conferred upon him or her in terms of the said Public Service Act,
1994; or (b) prejudiced by conduct referred to in subsections (4) and (5) and
has not taken all reasonable steps to exhaust his or her legal remedies in
connection with such matter. The Public Protector drew attention to the many
new complaints that were received last year. The number of cases carried forward
from last year to this year has also grown substantially. The Committee is
sympathetic about the heavy case-load that investigators have and commends the
Public Protector for making good use of trainee investigators to assist.
However, in the end, the intention is that the Public Protector be able to
provide the public with speedy relief. This is undermined when investigations
become drawn out. The Committee can only emphasise that it believes that the
present fiscal constraints require that resources are carefully employed to
best effect.
14.10.3.
The Committee is aware that accessibility is of
great concern to the PPSA. It notes that an ambitious National Footprint
Framework to increase the PPSAs presence countrywide without necessarily
increasing the resources required has been developed. Although the Committee is
pleased that the Public Protector has taken into account its concerns regarding
the geographical spread of its offices to relocate certain of its regional offices,
it notes that it is intending to open more. It is unclear whether the National
Footprint Framework informs the decisions to relocate the offices and the
launch of new offices. The Committee would, therefore, be interested in hearing
more on this and requests that the Public Protector brief the Committee in
writing by 19 July 2013 and be prepared to present the Framework at its next
meeting with the Committee.
14.10.4.
After the Committee queried the cost of producing a
corporate video, the Public Protector informed the Committee that she would look
into reviewing the project.
14.10.5.
The Committee is concerned that the Public
Protectors strategy in approaching departments or entities with complaints may
be causing unnecessary difficulties, even tensions. The Committee is concerned
that by approaching junior officials within a department or entity rather than
persons with sufficient authority to address the complaint matters are dragged
on. For example, in a recent matter, Legal Aid SA expressed its unhappiness
that neither the relevant Regional Office nor the National Office was informed
of the complaint involving a Justice Centre until it received the provisional
report. Legal Aid SA is of the view that if it has been properly approached
regarding the investigation, the complaint would have been promptly dealt with.
The Public Protector is asked to respond to the Committee in writing by 19 July
2013 after disagreeing with Legal Aid SAs view of the process. The Committee heard
the Director-General express similar views last year. It is, however, pleased
that there is now an agreement with the Departments of Justice, Public Service
and Administration and Home Affairs that all complaints from PPSA go to a focal
point.
14.10.6.
The Committee wishes to highlight that it would
have been extremely useful if the Committee were to receive more information on
substantive reports that may involve the Ministry, Department, the NPA, Legal
Aid SA or any other institution or entity that the Committee oversees when the
reports are made available. The Committee wants to see the difference that the
Public Protector is making but is not notified of any such reports. The
Committee is aware that reports are made available on the website and does
consult it. The Committee, however, feels that this state of affairs is
unsatisfactory and undermines the complementary role that the Chapter 9
institutions are intended to play to assist parliamentary committees in their
work. The Committee asks that the Public Protector ensure that it receives such
reports and, also, specifically requests that it be given more information
relating to investigations involving appeal matters by 19 July 2013. In
addition, the Committee is of the view that the House should consider amending
the statutory requirement that the Public Protector table all reports with the
Speaker so that these can be forwarded to the relevant committees. The OISD
could play a facilitative role in this regard.
14.10.7.
The Committee notes the Public Protectors concerns
regarding the need for greater protection of whistleblowers in terms of the Protected
Disclosures Act, 2000. It too has expressed concern regarding shortcomings of this
legislation in providing adequate protection for whistleblowers. The Committee
notes that an amendment to the Act is part of the Departments legislative
programme for this year and urges the Minister to table it as soon as possible.
14.10.8.
The Committee suggested before that the Public
Protector should compile a report, before the annual report process, indicating
which departments or ministries are not co-operative or have not responded to
its recommendations. This will assist Parliament to monitor the process and hold
the relevant bodies to account. The Committee reminds the Public Protector that
it is eager to engage formally on how it can assist to ensure that government
departments do co-operate and/or carry out recommendations.
14.10.9.
The Committee notes that the Public Protector has
experienced problems in establishing a fully functional case management system
but expects to resolve its challenges in this regard soon. It notes that a new
system is being procured with the Auditor-Generals full approval. The
Committee supports the need for an electronic case management system for
greater operational efficiency and effectiveness and enhanced reporting. The
Committee requests that the Public Protector keep it updated on the progress of
installing the system and rolling it out.
14.10.10.
The Committee notes the PPSAs request for
additional funds for specific items such as the electronic case management
system and supports the more effective functioning of the office. It notes too
that in the past the PPSA has received significant increases in funding from
National Treasury. The Committee supports the request in principle but requires
more information in order to evaluate it.
Part 5 Summary of reporting requests and recommendation
15.
The Committee requests that the Department of
Justice and
Constitutional Development, N
ational Prosecuting
Authority, Special Investigating Unit, South African Human Rights Commission
and Public Protector South Africa report on/brief it specifically on the
following:
Reporting
matter
|
Action
required
|
Timeframe
|
Department
of Justice and Constitutional Development
|
||
1.
Details of impact that commissions
of inquiry have for the Departments baseline (paragraph 8.2.5)
|
Report,
with details.
|
19 July
2013
|
2.
Third Party Funds: resolving the
legal status of the TPF (paragraph 8.4.2)
|
Report,
with details.
|
19 July
2013
|
3.
Addressing vacancies at SMS level
(paragraph 8.5.1)
|
Report,
with details of action plan and timeframes.
|
19 July
2013
|
4.
Finalisation rates for grievance
and misconduct matter, including financial misconduct (paragraph 8.5.2).
|
Progress
report.
|
19 July
2013
|
5.
Securing courts and justice centres
(paragraph 8.5.4).
|
·
Progress report, with details of
action plan and timeframes.
·
Quarterly briefing
|
19 July
2013
·
Refer to Committee programme
|
6.
Justice modernisation and ICT
renewal projects (paragraph 8.6.1)
|
·
Progress report, with details of
action plan and timeframes.
·
Quarterly briefing
|
·
19 July 2013
·
Refer to Committee programme
|
7.
Implementation of IJS projects
(paragraph 8.6.2)
|
·
Progress report, with details of
action plan and timeframes.
·
Committee to convene meeting with
stakeholders
On
the Criminal Justice Sector Review/Revamp, with focus on IJS
|
19 July
2013
·
Refer to Committee programme (July
Sept 2013)
|
8.
Progress of infrastructure projects
(paragraph 8.7.2)
|
·
Progress report, with details of
action plan and timeframes.
·
Quarterly briefing
|
·
19 July 2013
·
Refer to Committee programme
|
9.
Response to Public Service Commissions
observations and recommendations (Paragraph 8.7.30.
|
Report,
with plan of action and progress made.
|
19 July
2013
|
10.
Maintenance of court buildings
(paragraph 8.7.4)
|
Report
Quarterly
briefing
|
19 July
2013
Refer to
Committees programme
|
11.
Project to assess the impact of the
Constitutional Court and SCAs decisions on jurisprudence (paragraph 8.8.2)
|
Progress report
|
19 July
2013
|
12.
Progress capacitating the OCJ
(paragraph 8 8.3)
|
Progress
Report
|
Quarterly
|
13.
Progress implementing
recommendations flowing from the TRC process (paragraph 8.9.1)
|
Progress
Report, with details of action plan and timeframes
Quarterly
briefing
|
19 July
2013
Refer to
Committee programme
|
14.
Review of State Legal Services:
Discussion document (paragraph 8.10)
|
Briefing
|
Refer to
Committee programme
|
15.
Implementation of Service Delivery
Charter and Service Standards (paragraph 8.11.2)
|
Detailed
report on implementation.
|
19 July
2013
|
16.
Challenges implementing the Child
Justice Act (paragraph 8.11.4)
|
Committee
to convene meeting with stakeholders
|
Refer to
Committee programme
|
17.
Challenges implementing the
Criminal Law (Sexual Offences and Related Matters) Amendment Act (paragraph
8.11.6)
|
Committee
to convene meeting with stakeholders
|
Refer to
Committee programme
|
18.
Dedicated sexual offences:
implementation of plan to re-establish the dedicated sexual offences courts
(paragraph 8.11.7)
|
Report
|
19 July
2013
|
19.
Dedicated sexual offences courts:
Measures to reduce the risk of trauma to officials (paragraph 8.11.8).
|
Report
|
19 July
2013
|
National
Prosecuting Authority
|
||
20.
Detailed statistics for informal
mediations for 2012/13, including geographic spread and types of offences
(paragraph 9.6.8).
|
Report
|
19 July
2013
|
Special
Investigating Unit
|
||
21.
Details of the SIUs
proclamations/investigations for the past three years (paragraph 12.9.5).
|
Report
|
19 July
2013
|
22.
Security clearances of staff
(paragraph 12.9.6).
|
Progress report
|
Refer to
Committee programme
|
23.
Explanation of reporting processes,
including interim reports (paragraph 12.9.7).
|
Report
|
19 July
2013
|
South
African Human Rights Commission
|
||
24.
Accommodation challenges, including
impact of DPWs non-renewal of leases for the SAHRCs baseline (paragraph
13.9.6)
|
Report
|
19 July
2013
|
25.
Progress in revitalising the Forum
for Constitutional Institutions (paragraph 13.9.7)
|
Progress
report
|
Refer to
Committee programme
|
Public
Protector South Africa
|
||
26.
Presentation of implementation of
National Footprint Framework (paragraph 14.10.3)
|
Written
report
Briefing at
next meeting
|
Refer to
committee programme
|
27.
Response to Committee addressing
Legal Aid SAs concerns regarding the process followed (paragraph 14.10.5)
|
Written
report
|
19 July
2013
|
28.
Response to specific information
requested on substantive reports (paragraph 14.10.6)
|
Written
report
|
19 July
2013
|
16.
Recommendation
16.1.
The Committee is extremely concerned about efficiency
gains and the effect that these have over the medium term for the
administration of justice, the employment of justice officials and for
infrastructure.
16.2.
The Committee, having considered the Budget Vote
24: Justice and Constitutional Development, supports it and recommends its
approval.
17.
Appreciation
17.1.
The Committee thanks the Minister, Deputy Minister,
the Director-General and all officials, who appeared before the Committee, for
their co-operation.
17.2.
The Committee also thanks the Acting National
Director of Public Prosecutions and her staff for their co-operation in this
process.
17.3.
The Committee also wishes to thank the Public
Protector and the Deputy Public Protector, the Chairperson and Commissioners of
the South African Human Rights Commission, the Chairperson of Legal Aid South
Africa and the Acting Head of the Special Investigating Unit, as well as all CEOs
and respective staff members for their co-operation. This is the first time
that the Deputy Public Protector, who was recently appointed, attended a
meeting of the Committee in this capacity. The Committee congratulates him on the
appointment and wishes him well.
17.4.
The Committee thanks the Secretary-General of the
Office of the Chief Justice and her staff. This was the first-time that she or
officials of the OCJ have appeared before the Committee. The Committee
congratulates her on the appointment and wishes her well.
Report
to be considered
Documents
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