ATC200605: Report of the Portfolio Committee on Justice and Correctional Services on the Strategic Plan for 2020/21 – 2024/25 and Annual Performance Plan for 2020/21 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice and Judicial Administration, dated 3 June 2020

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Strategic Plan for 2020/21 – 2024/25 and Annual Performance Plan for 2020/21 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice and Judicial Administration, dated 3 June 2020

 

The Portfolio Committee on Justice and Correctional Services, having considered the Strategic Plan for 2020/21 – 2024/25 and Annual Performance Plan for 2020/21 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice and Judicial Administration, reports as follows:

 

1. This year, consideration of the plans of departments and the allocation of resources occurs amid the outbreak of the viral disease COVID-19. On 11 March 2020, the World Health Organisation declared the outbreak a pandemic and called for governments to take urgent and aggressive action to stop the spread of the virus. On 15 March 2020, President Cyril Ramaphosa declared a national state of disaster in terms of the Disaster Management Act 57 of 2002, so that government could take the necessary drastic measures to manage the disease and protect the people of South Africa. On 23 March 2020, the President announced that a nation-wide lockdown would come into effect from midnight on 26 March 2020 for 21 days. The lockdown was later extended to 30 April 2020. From 1 May 2020, the Government has cautiously begun to ease restrictions, adopting a risk-adjusted strategy.

 

1. The Office of the Chief Justice (OCJ) was established primarily to support the Chief Justice in executing his/her administrative and judicial powers and duties as Head of the Judiciary and Head of the Constitutional Court. In line with section 165 of the Constitution and the Superior Courts Act 2013 and as determined by the Minister of Public Service and Administration in 2010, the OCJ has the following functions:

• Providing and coordinating legal and administrative support to the Chief Justice.
• Providing communication and relationship management services and inter-governmental and international coordination.
• Developing courts administration policy, norms and standards.
• Supporting the development of judicial policy, norms and standards.
• Supporting the judicial function of the Superior Courts.
• Supporting the Judicial Service Commission (JSC) and the South African Judicial Education Institute (SAJEI) in the execution of their mandates.
• Administering the Judges’ Remuneration and Conditions of Employment Act.

 

1. The Office of the Chief Justice presented its Strategic Plan 2020/21-2024/25, Annual Performance Plan 2020/21, as well as its Budget for the 2020 Medium Term Expenditure Framework (MTEF) on 12 May 2020. The presentation can be obtained from the Committee Secretariat.

 

1. As Parliamentary committees have been unable to hold physical meetings as a result of COVID-19, the meeting took place on a virtual platform – MS Teams.

 

 

1. Overview of the Vote for the 2020 MTEF

 

1. The OCJ is allocated R2.45 billion for 2020/21, compared with R2.29 billion for 2019/20 (adjusted appropriation). The budget is expected to increase to R2.6 billion in 2021/22 and R2.71 in 2022/23.

 

1. Notably, the Voted funds make up 51.6% of the total allocation, while the direct charge for Judges’ salaries comprises 48.4% of the total allocation.

 

Budget allocation for the Office of the Chief Justice per programme 2020 MTEF

Programme	Adjusted Appropriation 2019/20	MTEF			Average Expenditure/ Total
		2020/21	2021/22	2022/23
	R ’million	R ’million	R ’million	R ’million
Administration	209.2	235.9	249.8	260.7	9.5%
Superior Court Services	907.1	948.6	1 006.5	1 056.4	38.9%
Judicial Education and Support	81.4	75.3	79.6	81.2	3.2%
Subtotal	1 197.7	1 259.8	1 335.9	1398.3	51.6%
Direct Charge: Judges’ Salaries	1 098.5	1190.9	1 268.7	1 318.9	48.4%
Total	2 296.2	2 450.8	2 604.6	2 717.3	100%
Changes to 2019 Budget Estimate	-	(12.0)	(12.2)	-	-

 

Budget allocation for the Office of the Chief Justice per economic classification 2020 MTEF

Economic Classification	Adjusted Appropriation 2019/20	MTEF
		2020/21	2021/22	2022/23
	R’ million	R’ million	R’ million	R’ million
Compensation of employees (including Judges’ remuneration)	1 755.4	1 871.5	1993.6	2 081.9
Good and services	339 284	340 933	359642	372 372
Interest and Interest on land	-	-	-	-
Transfers and subsidies	96 981	128 135	136 428	142 923
Payments for capital assets	104 545	110 201	114 934	120 044
Payments for financial assets	-	-	--	-
Total	2 296 238	2 450 778	2 604 607	2 717 255

 

 

1. National Development Plan 2030 and Medium Term Strategic Framework 2019 - 2024

 

1. National Development Plan 2030

 

1. Judiciary-led court administration. The National Development Plan (NDP) identifies the need to strengthen judicial governance and the rule of law. Judicial governance concerns both the independence and accountability of the judicial branch of government, encompassing issues such as selection and appointment, ethics, leadership and management, and the administration of the courts. The establishment of the OCJ in 2010 was the first step towards a judiciary-led court administration but since 2014 the process has stalled.

 

1. Progressive judiciary. The NDP also addresses the need for a progressive judiciary. As such, the NDP identifies the need for a strategy to improve the quality of judges and the scaling-up of judicial training. Regarding judicial training, the South African Judicial Education Institute (SAJEI) began operations in January 2012.

 

1. Safer communities. The NDP envisions a South Africa where people feel safe and enjoy a community life free from crime. Achieving this requires a well-functioning criminal justice system. Some progress has been made but lengthy court processes, case backlogs, over-crowding in correctional facilities, inadequate use of diversion programmes, limited rehabilitation and welfare programmes for first and young offenders and recidivism continue to challenge the criminal justice system from start-to-end.

 

1. Medium Term Strategic Work Framework 2019 – 2024

 

1. In 2019, the Department of Planning, Monitoring and Evaluation introduced a Revised Framework for the Development of Strategic Plans and Annual Performance Plans, which replaces the Framework issued in 2010. The Revised Framework outlines the new Medium Term Strategic Framework 2019-2024 (MTSF) and is both an implementation plan and an integrated monitoring framework. Notably, the new MTSF requires that departmental plans focus on impact and not outputs.

 

1. The MTSF 2019-2024 acknowledges that the challenges of poverty, inequality and unemployment continue to hold back the achievement of South Africa’s national development. This burden is disproportionately felt by the youth, women and people with disabilities. In order to address these challenges, the MTSF identifies a number of priority areas. Of these, the priorities ‘A capable, ethical and developmental state’ and ‘Social cohesion and safe communities’ are of particular relevance.

 

1. In addition, the lack of access to resources and opportunity for Women, Youth and People with Disabilities are identified as cross-cutting, requiring a variety of interventions, including legislative amendments.

 

1. Under the priority, ‘A capable, ethical and developmental state’, performance within the public service is acknowledged to be uneven with capacity challenges at all levels of government. These include tensions in the political-administrative interface, instability in administrative leadership, skills deficits, the erosion of accountability and authority, poor organisational design and low staff morale. At an operational level, persistent challenges include declining public confidence and trust; skills gaps; weak accountability and governance; uneven service delivery; an unsustainable wage bill; persistent corruption; a leadership deficit; and poor governance of ICT. The MTSF, therefore, highlights the need for:

• A capable and honest government.
• Improved leadership, governance and accountability.
• Professional, meritocratic and ethical public administration.
• A social compact and engagement with key stakeholders.
• The mainstreaming of gender, empowerment of youth and people with disabilities.

 

1. The MTSF identifies the need to develop a unified approach between the three arms of State (Legislature, Executive and Judiciary) to fast-track outcomes. In this regard, the Department of Justice and Constitutional Development is to lead the development of a social compact between the three arms by 2021, which is to be implemented by 2024.

 

1. The MTSF identifies the need for a programme to prevent and fight corruption in government, which the Department of Justice leads together with the Department of Public Monitoring and Evaluation and the Public Service Commission.

 

1. Under the priority ‘Social cohesion and safe communities’, the need for an effective and modernised criminal justice system is identified. In this regard the IJS programme is key.

 

1. Aligning MTSF priorities to plans, the OCJ will contribute to:

 

1. ‘A capable, ethical and developmental State’ by focusing on the following:
2. Addressing fraud and corruption.
3. Promoting an ethical culture.
4. Integrating Batho Pele principles into the Department’s institutional culture.
5. Adherence to corporate governance principles, such as leadership, strategy and performance, risk and stakeholder management.
6. Improved court operations systems.
7. Modernisation of the court processes and systems.

 

1. ‘Economic transformation and job creation’ by implementing equity programmes targeting employment and empowerment of youth, women, and people with disabilities in both the recruitment and procurement processes. In addition, the Department will support Small, Medium and Micro Enterprises (SMMEs) in its procurement processes as well as complying with the Broad-Based Black Economic Empowerment (BBBEE) standards. This support will be embedded within the Department’s current programmes, such as the internship programme, departmental recruitment processes, and procurement opportunities.

 

1. ‘Social cohesion and safe communities’, by ensuring access to a safe and secure court environment and improving the integrity of court processes/ outcomes, as well as capacitating/ resourcing the courts in order for them execute their mandate.

 

 

1. Strategic Plan 2020/21 – 2024/25 and Annual Performance Plan 2020/21

 

1. The Secretary-General presented the OCJ’s Strategic Plan for 2020/21 – 2024/2025 and Annual Performance Plan for 2020/21.

 

1. The OCJ supports the Judiciary in its contribution to Chapter 14 of the National Development Plan (NDP) ‘Promoting Accountability and Fighting Corruption by Strengthening Judicial Governance and the Rule of Law’ by:
2. Accelerating reforms to implement a judiciary-led court administration.
3. Ensuring an efficient court system.
4. Reducing court administration inefficiencies.
5. Ensuring access to justice.
6. Ensuring judicial accountability.
7. Providing training to the judiciary through SAJEI.

 

1. The OCJ intends to have the following impact over the five-year term: ‘Quality and accessible justice for all’ and has the following outcomes statements:
2. Effective and efficient administrative support.
3. Improved court efficiency.
4. Enhanced judicial education and support.

 

MTSF 2019 – 2024: Outcomes, outcome indicators and targets

IMPACT STATEMENT: Quality and accessible justice for all
Outcome	Outcome Indicator	Five-year target
Priority 1: A capable, ethical and developmental State
Effective and efficient administrative support	Percentage if staff trained in line with the Workplace Skills Plan	80% (New target)
Priority 6: Social cohesion and Safe Communities
Improved court efficiency	Percentage finalisation of quasi-judicial matters within prescribed timeframes	90% (New target)
Enhanced judicial education and support	Increased judicial education courses	550 courses   [Baseline: 142 courses]

 

 

1. The OCJ has identified the following key risks and mitigation strategies for each of its outcomes for 2020/21:

 

Risks and mitigation strategies 2020/21

Risks	Root causes	Mitigation
Outcome: Effective and efficient administrative support
Inability to fully capacitate the OCJ	Inability to attract critical and relevant scarce skills due to budget constraints and the Department of Public Service and Administration prescripts	Reprioritization of budget to fund critical posts. Manage the implementation of the approved OCJ structure within the budget constraints and DPSA requirements.
Possible exposure to fraud and corruption	Inability to detect incidents of fraud and corruption	Reinforcement of the reporting procedures in the courts. Strengthen internal controls relating to financial management and court order processes. Continuous investigation of cases (with SAPS). Develop the schedule of the Internal Court Order Integrity Committee (COIC) meetings and monitoring thereof. Strengthen awareness of fraud and corruption within OCJ.
Outcome: Improved court efficiency
Inefficient administration of the courts Inadequate administrative support to provide court efficiency	Insufficient implementation of Standard Operating Procedures (SOPs), Registrars Code Court Rules. Non adherence to legislated court procedures. Inadequate maintenance of the systems.	Monitor the implementation of the SOPs, Registrars Code and Court Rules and compile a monitoring report. Monitor performance and compliance to legislated court procedures and compile report. Conduct routine maintenance and regular monitoring of the systems.
Outcome: Enhanced judicial education and support
Inadequate resources to conduct judicial education and provide support	Insufficient number of Judicial Educators assigned to SAJEI to facilitate and coordinate training. Lack of automated administrative systems for the management of Judges conditions of service	Implementation of the e-learning module for Judicial Education. To develop and implement automated administrative system for the management of Judges conditions of service.

 

 

1. Office of the Chief Justice: Programmes

 

1. Programme 1: Administration

 

1. The purpose of this programme is to provide strategic leadership, management and support services to the Department. The programme consists of the following subprogrammes: 

• The Management subprogramme provides administrative, planning, monitoring, evaluation, performance reporting and risk management functions necessary to ensure effective functioning of the Department. 
• The Corporate Services subprogramme provides an integrated Human Resources Management (HRM), Information and Communication Technology (ICT) and Security Management Support Services to the Department. 
• The Finance Administration subprogramme provides overall financial, asset and supply chain management services to the Judiciary and the Department.
• The Internal Audit subprogramme provides overall internal audit and forensic audit services to the Department.
• The Office Accommodation subprogramme provides for the acquisition of office accommodation for the Department.

 

1. Output indicators and targets for 2020/21-2022/23 are as follows:

 

Administration: Output indicators and annual targets 2020/21

Output Indicator	Annual Targets
	2019/20	2020/21	2021/22	2022/23
Outcome: Effective and efficient administrative support
Audit outcome for the OCJ	Clean audit outcome	Clean audit outcome	Clean audit outcome	Clean audit outcome
Percentage of tenders in the department’s procurement plan awarded to suppliers with level 4 and above BBBEE status	-	80%	80%	80%
Percentage of designated employees (SMS members other categories) who submitted financial disclosures within timeframes	100%	100	100	100
Percentage of funded vacant posts on PERSAL per year	10% or lower	10% or lower	10% or lower	10% or lower
Percentage of staff in the department comprised of youth	-	30%	30%	30%
Percentage of women representation in Senior Management Service (SMS)	-	50%	50%	50%
Percentage of people with disabilities representation in the department	-	2%	2%	2%
Caselines System implemented at Service Centres	-	Piloted at 2 service centres	Rolled out in 5 service centres	Rolled out in 5 service centres

 

1. The Administration programme is allocated a total budget of R236 million in 2020/21, compared with R214.6 million in 2019/20. There is a crucial need to improve data management at Superior Courts. Modernising processes and infrastructure at these institutions is vital to ensuring their effective administration. Expenditure in the Corporate Services sub-programme in the Administration programme is expected to increase from R 121 million in 2019/20 to R 134.2 million in 2022/23 to provide for the implementation of an electronic filing system that will allow cases and evidence to be accessed more easily and cloud-based software that enables evidence to be digitised in court to streamline court proceedings. Implementing these systems forms part of the broader implementation of the Integrated Criminal Justice Strategy led by the Department of Justice and Constitutional Development.

 

1. Programme 2: Superior Court Services

 

1. This programme provides judicial support and court administration services to the Superior Courts. The programme consists of the following sub-programmes: 

• The Administration of Superior Courts subprogramme provides administrative and technical support to the Superior Courts, monitors the overall performance of the Superior Courts, and enhances judicial stakeholder relations.  
• The Constitutional Court subprogramme funds the activities and operations of the Constitutional Court.
• The Supreme Court of Appeal subprogramme funds the activities and operations of the Supreme Court of Appeal.
• The High Courts’ subprogramme funds the activities and operations of the various high court divisions.
• The Specialized Courts subprogramme funds the activities and operations of the labour, land, electoral and competition courts.

 

1. All performance indicators and targets that address court performance were removed, leaving only those that relate to quasi-judicial performance and support to the Superior Courts. Output indicators and annual targets for 2020/21-2022/23 are as follows:

 

Superior Court Services – Output indicators and annual targets 2019/20 -2022/23

Output Indicator	Medium Term Targets
	2019/20	2020/21	2021/22	2022/23
Outcome: Improved court efficiency
Percentage of default judgments finalised by Registrars within 14 days	-	70%	72%	74%
Percentage of taxation of legal costs finalised within 60 days from date of set down	-	70%	75%	80%
Percentage of warrants of release delivered within one day of release granted	98%	100%	100%	100%
No. of monitoring reports on Court Order integrity produced	4	4	4	4
Number of Judicial Case Flow Management Performance reports produced	4	4	4	4
Number of reports on enhancement of court order integrity produced	4	4	4	4

 

1. The Superior Courts Services programme is allocated R948 million in 202/21, compared with R900 million for 2019/20. Spending in the High Courts’ sub-programme is expected to account for 59.4% of the OCJ’s projected expenditure. The Mpumalanga High Court was opened in 2019/20 and the OCJ will ensure that the court is fully operationalised over the MTEF period at a projected cost of R 136.2 million in the Superior Court Services programme. The spending focus during the MTEF will be on improving the court system through effective and efficient case-flow management.

 

1. Programme 3: Judicial Education and Support

 

1. The programme, Judicial Education and Support, provides education programmes to Judicial Officers, including policy development and research services for the optimal administration of justice.

 

1. The programme has the following sub-programmes: 

• The South African Judicial Education Institute subprogramme funds the activities of the SAJEI to provide training for Judicial Officers.
• The Judicial Policy, Research and Support subprogramme funds the provision of advisory opinions on policy development and regulatory services to the Judiciary and the Department.
• The Judicial Service Commission subprogramme provides secretariat and administrative support services to the Judicial Service Commission to perform its constitutional and legislative mandates effectively.

 

1. Output indicators and targets are as follows:

 

Judicial Education and Support – Output indicators and annual targets

Output Indicator	Annual Targets
	2019/20	2020/21	2020/21	2022/23
Outcome: Enhanced judicial education and support
No. of judicial education courses conducted	80	100	105	110
No. of research monographs for Judicial Education produced per year	2	2	2	2
No. of litigation reports produced	4	4	4	4
No. of reports on judicial appointments and judicial complaints produced	3	2	3	3

 

1. The Judicial Education and Support programme is allocated R75.3 million, decreasing from R82.9 million in 2019/20. The spending focus for this programme remains on conducting training for judicial officers.

 

 

1. Committee’s observations

 

1. Development of a social compact between the branches of government. The OCJ supports the Judiciary in its contribution to Chapter 14 of the National Development Plan ‘Promoting Accountability and Fighting Corruption by Strengthening Judicial Governance and the Rule of Law and has aligned its plans with the MTSF priorities, in particular ‘A capable, ethical and developmental state’ and ‘Social cohesion and safer communities’. The Committee notes that the MTSF has identified the need to develop a unified approach between the three arms of State (Legislature, Executive and Judiciary) to fast-track outcomes. The Justice Department is to lead the development of a social compact between the three arms by 2021. This is a new indicator and the President and Cabinet, the Chief Justice and Heads of Courts, Speakers of Legislatures and Heads of Chapter 9 institutions are regarded as core partners for the social compact. While understanding that the Justice Department is to lead the intervention, the Committee would like to understand the OCJ’s part, if any, given the role it plays in supporting the Judiciary.

 

1. Impact of COVID 19 on planning and the allocation of resources. The Committee acknowledges that the plans presented to it by the OCJ were drawn up and the related resources allocated before the announcement of the national disaster in response to the COVID-19 pandemic. Not only has COVID-19 interrupted the operations of departments, it has required rapid and massive (re)deployment of resources. Departments have had to fund the unplanned for procurement of PPE, data for officials to work remotely, etc., from their existing budgets. National Treasury has also advised departments of a possible budget cut of 17% for 2020/21 to fund emergency measures. Although the OCJ was unable to say at this stage precisely how its budget will be affected, the Committee is acutely aware that there will need to be some revision to plans to accommodate the proposed cuts. A particular concern, is how priority projects relating to court modernisation and digitisation will be affected. A further concern is that addressing the significant increase in case backlogs caused by the restricted court roll as a result of COVID-19 will require the allocation of additional resources, which is also not planned for. The Committee, however, will engage with the revised plans and allocation of resources at the appropriate time.

 

1. Growing case backlogs. The Committee is extremely concerned about the growing number of backlog cases as a result of the courts having to restrict the matters being heard on account of the COVID-19 pandemic. Understandably, there is mounting anxiety that case backlogs may eventually overwhelm the legal system. The Committee agrees that the crisis has highlighted just how inefficient court processes are and hopes that this will provide impetus to plans to modernise and digitise the courts. The Committee notes that a case backlog plan is to be developed with the relevant stakeholders and asks that it is kept informed of progress. In the meantime, it asks that the OCJ provide it with information regarding how many cases have not been heard in the Superior Courts as a result of the COVID-19 lockdown and possible mitigation strategies. This is also an area of concern that the Committee would like to engage with the Judiciary on.

 

1. Virtual courts. The Committee would be interested in hearing more from the OCJ on the possibilities of virtual courts. This would also be an area that it would like to hear more on from the Judiciary.

 

1. Court modernisation. As already mentioned the Committee agrees that it is vital to fast-track court modernisation and notes the current eagerness for change. However, attempts in the past to modernise the justice system have been disappointing. The OCJ’s ICT Master Systems Plan, however, promises to improve efficiency in both court administration processes and the OCJ administration. The Committee is keen to understand the scope of the Plan and the plans to roll out the Caselines system, and will request a dedicated briefing as soon as its programme permits.

 

1. Policy certainty regarding a judiciary-led court administration. The Committee welcomes the Department of Justice and Constitutional Development’s intention to finalise the Policy on Judicial Governance and Court Administration and to introduce legislation to replace the Magistrates Act, 1993, and the Magistrates’ Courts Act, 1944, towards the establishment of a single judiciary. The Committee has noted that, in the absence of a final court administration model, the making of regulations dealing with the functioning of our Courts during the COVID-19 lockdown, led to some discord between the Judiciary and the Executive. The Committee, therefore, welcomes the statement by the Minister of Justice in his political briefing to the Committee that the issue of a final court administration model will receive his attention.

 

1. Targets aimed at women, youth and people with disabilities. The Committee welcomes that the OCJ has included five-year targets to increase the representatively at the OCJ of women at management level; persons with disabilities and the youth.

 

1. Meeting with the Judiciary. The Committee has in this and in previous meetings raised a number of matters that the OCJ is unable to respond to as it would not be appropriate for it to speak on behalf of the Judiciary and the Judicial Services Commission. Through the Speaker, the Committee has requested a meeting with the Chief Justice and Heads of Court on matters of mutual interest. The Chief Justice had suggested certain dates just before the national state of disaster and the hard lockdown was announced. The Committee remains keen to meet with the Judiciary soon and will once again engage to find a suitable date for a meeting.

 

1. Appreciation

 

1. The Committee wishes to thank the Minister of Justice and Correctional Services, Mr R Lamola, and the Deputy Ministers: InKosi Patekile Holomisa and Mr J Jeffery, for the political overview.

 

1. The Committee also wishes to extend its appreciation to the Secretary-General, Ms M Sejosengwe, and the officials of the OCJ for their assistance in this process.

 

 

 

 

 

 

 

1. Recommendations

 

1. The Committee, having considered the Office of the Chief Justice’s Strategic Plan 2020/21 – 2024/25 and Annual Performance Plan 2020/21, supports these and recommends that the National Assembly approve them.

 

1. The Committee, having considered the Budget Vote 27: Office of the Chief Justice and Judicial Administration, supports the Vote and recommends that it be approved.

 

 

Report to be considered