ATC230509: Report of the Portfolio Committee on Justice and Correctional Services on the Annual Performance Plan for 2023/24 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice, dated 9 May 2023

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on the Annual Performance Plan for 2023/24 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice, dated 9 May 2023

 

The Portfolio Committee on Justice and Correctional Services, having considered the Annual Performance Plan for 2023/24 of the Office of the Chief Justice and Budget Vote 27: Office of the Chief Justice, reports as follows:

 

1. Context

 

1. On 2 May 2023, the Minister of Justice and Correctional Services addressed the Committee on the relevant political priorities. Regarding the Office of the Chief Justice (OCJ), the Minister highlighted that the OCJ will continue to ensure that all South Africans have access to justice. Specifically, the OCJ is working to address disruptions to court services as a result of load-shedding. Neither the Constitutional Court and the Supreme Court are affected by load-shedding. Further, generators have been rolled out to various high courts countrywide. The Minister’s speech is available from the Committee Secretariat.

 

1. The OCJ presented its Annual Performance Plan 2023/24 and budget for the 2023 MTEF on 2 May 2023. The presentation is available from the Committee Secretariat.

 

1. The meetings took place on the Zoom virtual platform.

 

 

1. Fiscal policy and Budget 2023 MTEF

 

1. Fiscal Policy

 

1. The 2023 Budget adopts the theme ‘Navigating economic recovery’, acknowledging that budgeting takes place in a challenging global and domestic environment.

 

1. Medium‐term fiscal policy aims to achieve a balance between stimulating the economy, maintaining fiscal sustainability and strengthening welfare for vulnerable citizens through the protection of the social wage.

 

1. However, the economy has weakened since the 2022 MTBPS. Although revenue performance was better than estimated in the 2022 Budget, at a domestic level, finances are severely constrained. Additional allocations are funded from ‘drawdowns’ from provisional allocations in the 2022 MTBPS, resources provided by the fiscal framework and technical corrections and budget reprioritisations.

 

1. Spending is targeted towards specific priorities, namely infrastructure and to support the social wage (health, education, housing, social protection, transport, employment and local amenities), rather than baseline allocations. Baseline allocations across departments largely target spending on the social wage and infrastructure projects and to fund initiatives towards strengthening the criminal justice system.

 

1. A further priority is to reduce fiscal and economic risks through conditional in-year support to key public entities and to debt relief to Eskom to promote the security of energy supply

 

1. The Peace and Security function, of which the OCJ is a part, accounts for approximately 12.1% of government’s consolidated expenditure. The function is allocated R225.8 billion in 2023/23; R235 billion in 2024/25; and R246.3 billion in 2025/26.

 

1. The function’s baseline is increased by R29.1 billion over the MTEF period, from R678 billion to R707 billion. The net increase includes R12.4 billion for improvement of conditions of service; R4.2 billion for the establishment of a Border Management Authority; and R3.1 billion to enhance border security.

 

1. Budget 2023 MTEF

 

1. The OCJ is allocated R2.43 billion in 2023/24, compared with R2.61 billion in 2022/23 (adjusted upwards from R2.38 billion). The budget is expected to increase over the MTEF to R2.53 in 2024/25 and R2.65 billion in 2025/26.
2. The allocation for programmes for 2023/24 is R1.30 billion or 53.5% of the total allocation, while the remainder of R1.12 billion comprises the direct charge for Judges’ salaries. Over the medium term, average expenditure on programmes as a percentage of total expenditure for programmes is 53.3%.
3. In terms of economic classification, R1.81 billion is allocated to compensation of employees, R372.1 million to good and services, R136.4 million to transfers and subsidies and R108.4 million for payment of capital assets.

 

Budget allocation per programme 2023 MTEF

Programme	Adjusted Appropriation 2022/23	MTEF			Average Expenditure/ Total % 2022/23-2025/26
		2023/24	2024/25	2025/26
	R million
Administration	301.7	271.4	283.1	295.3	11.3 %
Superior Court Services	1 008.2	979.8	1 022.1	1 067.5	39.9 %
Judicial Education and Support	53.0	53.3	55.8	57	2.1 %
Subtotal	1 362.9	1 304.5	1 361.0	1 419.8	53.3 %
Judges’ Salaries	1 247.1	1 124.7	1 175.2	1 227.9	46.7 %
Total	2 610.0	2 429.2	2 536.2	2 647.6	100 %
Changes to 2022 Budget Estimate	221.6	71.6	72.7	73.8	-

 

Budget allocation per economic classification 2022 MTEF

Economic Classification	Adjusted Appropriation 2022/23	MTEF			Average Expenditure/ Total % 2022/23 – 2025/26
		2023/24	2024/25	2025/26
	R’ million
Compensation of employees	1 963.7	1 812.3	1 891.6	1 974.2	74.8 %
Good and services	369.5	372.1	387.3	404.2	15 %
Transfers and subsidies	138.2	136.4	142.5	148.8	5.5 %
Payments for capital assets	138.6	108.4	114.9	120.5	4.7 %
Total	2 610.0	2 429.2	2 536.2	2 647.6	100%

 

1. Strategic and annual planning

 

1. The OCJ’s core function is to provide administrative support to the judiciary and has consequently adopted the following strategic outcomes:

• Effective and efficient administrative support.
• Improved court efficiency.
• Enhanced judicial education and support.

 

1. In this way, the OCJ responds to Chapter 14 of the National Development Plan ‘Promoting accountability and fighting corruption’, particularly contributing to the focal area ‘strengthen judicial governance and the rule of law’ by:

• Accelerating reforms to implement a judiciary-led court administration.
• Ensuring an efficient court system.
• Reducing inefficiencies in the administration of the courts.
• Ensuring access to justice.

 

1. The OCJ also responds to Chapter 13 of the National Development Plan ‘Building a capable and developmental State’ by ensuring good governance in the administration of the Department.

 

1. The Medium Term Strategic Framework (MTSF) 2019 – 2024 acknowledges that the challenges of poverty, inequality and unemployment continue to hold back national development. To address these challenges, the revised MTSF identifies a number of priority areas, including ‘A capable, ethical and developmental state’ and ‘Social cohesion and safe communities’. The MTSF also recognizes the lack of access to resources and opportunity for Women, Youth and People with Disabilities as cross-cutting, requiring a variety of interventions. Further priorities to be included by departments in the planning cycle are: ‘Compliance with the Financial Disclosure Framework’; and ‘Modernisation and digitalization of departmental processes’; and ‘Economic transformation and job creation’.

 

1. The OCJ contributes to the revised MTSF priorities by focusing on:

• ‘Priority 1: A capable, ethical and developmental State’ by:

• Promoting an ethical culture.
• Integrating ‘Batho Pele’ principles into the Department’s institutional culture.
• Adhering to corporate governance principles such as leadership, strategy and performance, and risk and stakeholders’ management.
• Improving court systems.
• Modernising court processes and systems.

• ‘Priority 2: Economic transformation and job creation’ by implementing equity programmes targeting employment and empowerment of youth, women, and people with disabilities in both its recruitment and procurement processes. In addition, the OCJ will continue to support SMMEs through procurement processes and comply with the 2022 Preferential Procurement Regulations.
• ‘Priority 6: ‘Social cohesion and safe communities’, by ensuring access to a safe and secure court environment and improving the efficiency of court processes, as well as capacitating and resourcing the courts in order for them execute their mandate.

 

1. The OCJ has the following outcomes and outputs:

IMPACT STATEMENT: quality and accessible justice for all
outputs	Outcome: effective and efficient administrative support	Outcome: improved court efficiency	Outcome: enhanced judicial performance
	Clean audit outcome	Default judgment finalised within 14 days	Judicial education courses
	Financial disclosure submitted	Bills of costs finalised within 60 days	Monographs on judicial education
	Procurement of goods and services above R500 000 awarded to suppliers	Warrants of release (J1) delivered within one day	Monitoring reports on the management of litigations
	Funded vacant posts reduced	Monitoring reports on law reporting project	Reports on judicial appointment and complaints
	Empowered youth	Reports on enhancement of court order integrity	Report on disclosures for Judges Registerable interests
	Women represented at SMS levels	Judicial case-flow management performance reports
	People with disabilities representation
	Court online system rolled out at service centres
	Employee Health and Wellness programmes
	Staff trained in line with WSP
	Fraud cases investigated within prescribed timeframes
	Fraud prevention and anti-corruption awareness sessions
	ICT Disaster Recovery Strategy

 

1. Specifically, the OCJ’s Annual Performance Plan 2023/24 aims to:

• Support the Chief Justice in ensuring judicial accountability.
• Implement initiatives that contribute to broadening and improving access to justice and services of the Superior Courts.
• Ensure an efficient court system and provide judicial support.
• Reduce inefficiencies in court administration through modernised systems, processes and infrastructure.
• Implement measures that are intended to address the impact of COVID-19.

 

1. In addition, the 2023 APP reflects the following medium term strategic focus areas:

• Strengthening capacity for ensuring business continuity management.
• Ensuring that ICT remains a strategic business partner.
• Curbing opportunities for fraud and corruption.
• Promoting professional ethics within the organisation.
• Improving the OCJ’s capacity with more focus on the core business.
• Implementing health and wellness programmes.
• Ensuring occupational health and safety.
• Training of Judicial Officers.

 

1. Aligning planning with expenditure

 

1. The OCJ reports that it continues to be affected by the budget cuts that were made to its baseline in 2020/21 as a result of the impact of the Covid-19 pandemic on the economy, despite receiving an additional allocation of R39 million in 2022/23 to strengthen the justice system and the courts. More specifically, the budget cuts have necessitated reprioritisation of resources to support key government priorities, including court modernisation and digitalisation to improve access to justice and the services of the superior courts.

 

1. The OCJ also reports that the restricted budget has impacted on the filling of posts, as the OCJ is not only expected to reduce its staff establishment over the MTEF but also affects its ability to fill vacancies. Budget constraints, therefore, limit the OCJ’s in its delivery of services and support to the Judiciary and further effects key human resource strategies, such as the recruitment of persons with disabilities and women on SMS level.

 

1. In terms of economic classification, compensation of employees is the largest cost driver, accounting for an estimated 75% of its total budget over the medium term.

 

1. In terms of spending within the Vote programme, in 2023/24, compensation of employees remains the largest cost driver at 63.1%, while 29% of spending goes towards Goods and Services.

 

1. Human Resource capacity:

 

Vote personnel numbers
	Estimated @23 March 2023
Superior Court Services
Judicial Education and Support
Direct Charge

* Includes 103 posts additional to the staff establishment

 

1. Risks and mitigation strategies

 

1. The OCJ has updated its key risks and mitigation strategies for 2023/24 as follows:

 

Risks and mitigation strategies 2023/24

Risks	Mitigation
Outcome: Effective and efficient administrative support
Procurement risk: Possible abuse of SCM system by officials. Possible collusion between SCM officials and suppliers.	Establish Bid Specification and Bid Evaluation committees. Vet all members before each committee sits. Declaration of interest by SCM officials during Bid Specification, Evaluation and Adjudication processes.
Prevalent fraud and corruption incidents: OCJ officials doing business with the state and within the Department. Fraudulent court orders. Misconduct/corruption Bribery Stolen/lost assets	Review delegation of authority. Review and strengthen internal controls and policies and procedures. Fill vacant posts. Release some functions from posts where officials are acting in more than one position. Proper segregation of duties, especially at SCM level. Enforce compulsory training of ethics management for all employees in the OCJ.
Organisational capacity and capability: Inadequate capacity (human resources and competent skills) to fulfil the mandate of OCJ.	Prioritise critical posts to be filled. Conduct a work study and review the OCJ’s organisational structure to establish work-load capacity requirements within the OCJ. Implement the retention/succession guideline. Conduct employee satisfaction survey implement recommendations.
Technology and its role in improving access to justice: Inadequate technology to support the Superior Courts in improving access to justice.	Reinforce stakeholder relations to ensure commitment relating to project resourcing. Maintain and sustain technology infrastructure. Embark on technology awareness campaigns. Prioritisation of Court Online and other network related technologies. Mandatory documentation of technologies deployed.
Cybercrime: Inadequate security controls to protect organisational information and respond to cyber security threats	Accelerate the implementation of the Information Security Management programme. Conduct network and vulnerability audits. Establishment of the Threat and Vulnerability Management programme. Implement Information Security Framework. Roll-out of Encryption Software in all End-User Equipment Deployment of Security Incident and Event Management Deployment of Intrusion Detection and Prevention System Conduct information security awareness sessions. Implement Business Continuity Management Processes.
Outcome: Improved court efficiency
Inadequate quasi-judicial support to ensure court efficiency:   Ineffective/inadequate and delays in finalisation of all received applications for default judgement, taxation of legal costs and warrants of release (J1) delivered	Monitor the implementation of the Standard Operating Procedures (SOPs), Registrars Code and Court Rules. Monitor performance and compliance to legislated court procedures. Improve the delivery of issued warrants from the circuit court to the main seat. Prioritise the appointment of quasi-judicial personnel. Training of the Registrars by the Justice College. Prioritize the implementation of the Court Online solution
Outcome: Enhanced judicial performance
Inadequate provision of educational courses that improve judicial performance: Inability to effectively provide training to Judicial Officers	Enhance compliance with the approved training schedule. Monitor the implementation of SAJEI SOP.

 

1. 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 sub-programmes: 

• The Management subprogramme, which provides administrative, planning, monitoring, evaluation, performance reporting and risk management functions necessary to ensure effective functioning of the Department. 

• The Corporate Services sub-programme, which provides an integrated Human Resources Management (HRM), Information and Communication Technology (ICT) and Security Management Support Services to the Department. 
• The Finance Administration subprogramme, which provides overall financial, asset and supply chain management services to the Judiciary and the Department.
• The Internal Audit and Risk Management sub-programme, which provides overall internal audit and forensic audit services to the Department.
• The Office Accommodation sub-programme, which provides for the acquisition of office accommodation.

 

1. Output indicators and targets are as follows:

 

Administration: Output indicators and annual targets

Output Indicator	Annual Targets
	2022/23*	2023/24	2024/25	2025/26
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 procurement of goods and services above R500 000 awarded to suppliers who meet the specific goals (NEW)	-	80%	80%	85%
Percentage of designated employees who submitted financial disclosures within timeframes	100%	100%	100%	100%
Percentage of vacant posts on the funded establishment	10% or lower	10% or lower	10% or lower	10% or lower
Percentage of staff in the department comprised of youth	30%	30%	30%	30%
Percentage of women representation in Senior Management Service (SMS)	50%	50%	50%	50%
Percentage of people with disabilities representation in the department	2%	2%	2%	2%
Court online system implemented at service centres	5	7	11
Number of Employee Health and Wellness programmes implemented	9	12	14	16
Percentage of fraud cases investigated within 60 working days	-	75%	75%	75%
Number of Fraud Prevention and Anti-Corruption awareness sessions conducted	25	26	28	28
ICT Disaster Recovery Strategy implemented (NEW)	-	ICT Disaster Recovery Site established	ICT Disaster Recovery maintained	ICT Disaster Recovery Site maintained

* Estimated Performance

1. The OCJ has the following COVID-19 related indicators and targets for 2023/24:

 

Administration: COVID-19 related indicators and targets 2023/24

Output indicator	Estimated performance 2022/2322	Target 2023/24
Number of COVID-19 OHS inspections conducted at OCJ	4	4
Number of COVID-19 related trainings conducted for safety officers	4	4
Number of COVID-19 compliance reports produced	4	4
Number of COVID-19 risk mitigation reports produced	4	4

 

1. Planned expenditure:

 

• The Administration programme is allocated R271.4 million in 2023/24 (compared with an adjusted budget of R301.7 million in 2022/23), R283.1 million in 2024/25 and R295.3 million in 2025/26.
• The allocation to this programme decreases in real terms by -14.25% in 2023/24.
• In terms of economic classification, average spending on Goods and Services from 2022/23 to 2025/26 is at 48.5% of the allocation over that period, while average spending on compensation of employees is at 42.1%. Notably, the number of personnel in Programme 1 is expected to increase from 175 in 2022/23 to 201 in 2023/24.
• Under Administration, during 2022/23, the OCJ will continue with digitisation and automation of the court system, with a focus on rolling out the Court Online system to seven prioritised courts in 2023/24. The plan is to roll out the system to all Superior Courts over the MTEF. Spending for this is within the Corporate Services subprogramme allocation of R174.1 million for 2023/24.

 

1. Programme 2: Superior Court Services

 

1. This programme provides judicial support and court administration services to the Superior Courts.

 

1. 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. Output indicators and annual targets are as follows:

 

Superior Court Services – Output indicators and annual targets

Output Indicator	Medium Term Targets
	2022/23*	2023/24	2024/25	2025/26
Outcome: Improved court efficiency
Percentage of default judgments finalised by Registrars within 14 days	74%	76%	80%	80%
Percentage of taxation of legal costs finalised within 60 days from date of set down	80%	85%	90%	90%
Percentage of warrants of release delivered within one day of release granted	100%	100%	100%	100%
No. of monitoring reports on law reporting project 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

*Estimated performance

 

1. Planned expenditure

 

• The Superior Courts Services programme is allocated R979.8 million in 2023/24 (compared with an adjusted budget of R1008.2 in 2022/23); R1022.1 million in 2024/25; and R1067.5 million in 2025/26.
• Due to the labour-intensive nature of the OCJ’s work, an estimated 69.5% of the budget in this programme is earmarked over the medium term for spending on compensation of employees, increasing from R713.1 million in 2022/23 to R737.6 million in 2025/26. Notably, the number of personnel in Programme 2 is expected to decrease from 1 904 in 2022/23 to 1 881 in 2023/24.
• Under Superior Court Services, during 2023/24, the OCJ plans to fill 33 positions (registrars, clerks and judges’ secretaries). The additional capacity will enable the OCJ, between 2022/23 and 2025/26, to increase the percentage of default judgments finalised within 14 days from 74% to 80%; and improve the finalisation of the taxation of legal bills from 80% to 90%. Funding for these initiatives is with the Superior Court Services programme’s allocation of R3.1 billion over the MTEF period.

 

 

1. Programme 3: Judicial Education and Support

 

1. 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 sub-programme funds the activities of the SAJEI to provide training for Judicial Officers.
• The Judicial Policy, Research and Support sub-programme 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
	2022/23*	2023/24	2024/25	2025/26
No. of judicial education courses conducted	110	115	120	125
No. of research monographs for Judicial Education produced per year	2	2	2	2
No. of litigation reports produced	5	5	5	5
No. of reports on judicial appointments and judicial complaints produced	3	3	3	3
Number of reports on the status of disclosures for Judges Registrable Interests produced	2	2	2	2

* Estimated Performance

 

1. Planned expenditure:

 

• The Judicial Education and Support programme is allocated R53.3 million for 2023/24 (compared with an adjusted budget of R53 million in 2022/23); R55.8 million in 2024/25; and R57 million in 2025/26.
• In real terms, the allocation decreases by -4.13% in 2023/24. The spending focus for this programme remains on conducting training for judicial officers.
• In terms of economic classification, average spending on compensation of employees from 2022/23 to 2025/16 is at 47.3%, whereas average spending on Goods and Services for the same period is at 51.8%.
• The number of personnel for Programme 3 is expected to increase from 39 officials in 2022/23 to 41 officials in 2023/24.
• Under Judicial Education and Support, the OCJ plans to increase the number of judicial education and training courses from 110 in 2022/23 to 125 in 2025/26. This is expected to lead to expenditure of R92.7 million over the MTEF period under the South African Judicial Education Institute sub-programme.

 

1. Overview: 2022 Budgetary Review and Recommendation Report (BRRR)

 

1. In its 2022 BRRR, the Committee observed the following:

• Transfer of functions to the OCJ: The Committee requested more information on the progress of the policy on judicial governance and court administration and the accompanying legislation that was to be taken to Cabinet in the 2022/23 financial year.
• Audit outcome. Although the OCJ achieved an unqualified audit, the Committee was concerned that about the outcome having regressed, largely as a result of various instances of irregular expenditure that occurred in the ICT environment. Notably, the Auditor-General had identified vacancies in critical occupations, which had led to a lack of segregation of duties, as a root cause.
• CaseLines. The Committee noted the Auditor-General’s findings and recommendations concerning the procurement irregularities that had occurred relating to the CaseLines project. The Committee noted that the matter is now being litigated. Regarding the internal investigation, the Committee noted that the matter had been referred to the SIU to review the contract and for further investigation. The Committee would continue to monitor progress.
• Court modernisation. The Committee noted that the OCJ was unable to roll out the court online system at two service centres as planned. However, piloting had begun at the Pretoria and Johannesburg High Courts in 2022/23. The Committee requested an explanation for the delay in rolling out the court online system at the two Courts and a progress report concerning the piloting of the system at the same two Courts.
• Employment of women in senior management. The Committee welcomed the increased number of women employed in senior management, despite not meeting the target of 50%, but would continue to monitor progress.
• Employment of persons with disabilities. The Committee noted that the OCJ had once more not been able to achieve its employment targets for persons with disabilities and would continue to monitor progress.
• Vacancies. The Committee noted that vacancies in senior management were far higher than the 10% norm for the public service. Further the Auditor-General had identified vacancies in critical occupations leading to a lack of segregation of duties as a root cause in the occurrence of procurement irregularities. The OCJ was asked to provide a report on vacancies, especially those at senior management level and in critical occupations.
• Court infrastructure. The Committee observed first-hand the infrastructure challenges at the various courts it visited countrywide. Regarding load-shedding, the Committee noted that the OCJ had engaged SAPS without success in an attempt to exempt the Supreme Court of Appeal as critical infrastructure. The Committee intended to engage the Minister on this matter and other identified issues as soon as the programme permitted.

 

1. Committee’s observations

 

1. Judicial governance and court administration model and single judiciary. The Committee notes the Minister’s statement that the policy on judicial governance and court administration has now reached the stage where it was ready for engagement with stakeholders. The intention was to finalise these engagements by October this year. The Minister indicated that the outcome of these engagements would inform any necessary legislative amendments. Once more, the Committee urges the finalisation of the policy and its accompanying legislation as a priority. Not only is the establishment of a single judiciary a constitutional imperative but also the lack of an appropriate policy and legislative framework contributes to the many inefficiencies and other challenges that our judicial system experiences. The Committee intends to closely monitor the progress of this project towards achieving the institutional independence of the judiciary.

.

1. Infrastructure and maintenance. During recent oversight visits to superior and magistrate’s courts countrywide, the Committee witnessed first-hand the many very serious infrastructure and maintenance-related problems. Many courts are dilapidated and some of the court buildings have serious structural challenges, for example, collapsing roofs. The Committee learnt of the Judiciary’s frustration at being drawn into matters of court management, largely because of communication challenges between the Justice Department, the OCJ and DPWI. In summary, the infrastructure problems are undermining the delivery of justice to the people. The Committee has had an opportunity to discuss its findings with the Judiciary, and will also to engage with the Ministers of Justice and Correctional Services and Public Works and Infrastructure on its observations as soon as the programme permits.

 

1. Managing power and water outages. The Committee welcomes the information that the Supreme Court of Appeal no longer experiences load-shedding, a matter that the Committee had previously raised with the OCJ. Further, it notes the OCJ’s assurance that almost all Superior Courts have generators so that courts can continue to operate despite power outages. The OCJ also informed the Committee that it is attending to ensuring that there is backup water available at courts. Further, the OCJ is looking into how best to manage network downtime.

 

1. Court modernisation through ICT solutions. The Committee notes that the OCJ will continue with ICT-related initiatives to modernise and digitise the court system, prioritising the further roll out of the Court Online system in the Superior Courts and the digitisation of court records. The Court Online system was piloted in the Johannesburg and Pretoria High Courts and the system there are seven courts targeted for the rollout of the Court Online in 2023/24. Although the Committee welcomes the progress made so far, system defects and external dependencies, including pending litigation, pose a threat to the planned rollout of the project. As such, the Committee intends to continue to regularly monitor the progress of the project.

 

1. Vacancies. The Committee notes that the OCJ reports that the loss of experienced Registrars is placing considerable pressure on courts. The challenge is exacerbated by a judgement of the Mpumalanga High Court, which ruled that Registrars are entitled to grant default judgments in matters related to the National Credit Act (NCA), thereby increasing the workload. As a result, the OCJ reports that it expects that it will affect the achievement of quasi-judicial targets and that there may be need to revise the targets downwards in the next planning cycle.

 

More generally, the OCJ reports in the Annual Performance Plan that it continues to experience a high staff turnover rate. During the 2021/22 financial year, the staff turnover rate was 14.7%, which is an increase of 1.7% from the previous year. The Committee agrees with the OCJ that the loss of experienced staff in critical positions is a risk to the organisation. The Committee therefore, requests a report from the OCJ on what it is doing to attract and retain staff.

 

1. Storage of court records. A lack of space makes storing old court files very challenging. Although the Committee understands that implementation of the Court Online solution will assist going forward, it does not address the challenge of storing older records. The Committee once again notes that the OCJ has made a submission to the IJS for funding to assist with the digitisation of old court records. The Committee requests a report on the project to digitise older records, as well as the OCJ’s plans to store older records in the meantime.

 

1. Training of aspirant judges. The Committee notes that commissioners at the JSC interviews pointed out that the judgments of several of the candidates, delivered while they were acting as judges, were riddled with mistakes ranging from typographical errors to misunderstandings of foundational legal concepts. The Committee welcomes that SAJEI has already begun to engage with the Judges Presidents on the training needs of aspirant judges.

 

1. Library services. The Committee notes that the provision of library materials remains a function of the Department of Justice and Constitutional Development but welcomes the undertaking by the Head: Superior Court Services to monitor that library materials are updated on a quarterly basis.

 

1. CaseLines. The Committee notes the update provided by the OCJ on the investigations of and the litigation concerning the Caselines tender irregularities, including that the SIU investigation is complete, and will continue to monitor the matter closely.

 

1. Appreciation

 

1. The Committee wishes to thank the Minister of Justice and Correctional Services, Mr R Lamola and the Deputy Minister: 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 Annual Performance Plan 2023/24, recommends that it be approved.

 

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

 

 

Report to be considered