annual report :2006/07 briefing to select committee on security and constitutional affairs 14...

Annual Report :2006/07

Briefing to Select Committee on Security and Constitutional

Affairs

14 November 2007

1

Overview of Presentation • DOJ& CD Strategic Overview

• Programme Performance

• Financial Performance

• Human Resources

• DOJ&CD Challenges

2

DOJ& CD Strategic Overview

• The Department of Justice and Constitutional Development’s three key strategic goals are

- enhancing access to justice for all - enhancing organizational efficiency - transforming justice state and society

• The department’s focus on these three key strategic goals is reflected in the deliberate shift in the allocation and utilisation of the financial and human resources

• Our resource allocations demonstrate the concerns we have in addressing the historical inequalities in the distribution of justice services and resources to the people living in marginalised areas such as townships and rural areas

3

Access to Justice servicesInfrastructure Investment

• R308 million spent on infrastructure in 2006/07• R60 million was spent on upgrading• Six new buildings are presently in construction at Daveyton, Motherwell,

Colesberg,Tsakane, Sekgosese and Augrabies • Major additions are currently in progress at the Supreme Court of

Appeal, Mitchell's Plain, Polokwane and Stanger• An additional 35 Mobile courts were deployed to sites where periodical

courts are currently held in police stations and correctional facilities

4

Access to Justice servicesCourt Security

The department installed 126 X-ray machines,191 walk through metal

detectors and 19 close circuit televisions

• A total of 154 courts have been burglar proofed

• 124 Courts have been secured with perimeter fencing • Guarding Services 4 164 Offices were provided with guarding services

• Cash in transit 346 offices were provided with cash in transit services,

5

Access to Justice services

• Awareness programmes on Equality courts, Victims Charter as well as child and spouse maintenance were launched.

• Victims Charter- A 5 Year National Implementation Plan was developed, stakeholder briefings were held on the Service Charter for Victims of Crime. The implementation of the Charter will continue with an increased focus of educating victims about their rights and the services they can expect at courts

• Through Operation Isondlo services in respect of Maintenance have increased thereby ensuring greater access to maintenance for women and children – through the EFT payments project 13000 beneficiaries are receiving payments directly into bank accounts on a monthly basis

6

Access to Justice services

Public Education and Communication Services

• Dissemination of departmental information took place on a large scale in the form of printed material, participation in community radio stations, magazine articles, the departmental website and intranet

• 550 media enquiries dealt with, 122 press statements, five media conferences and 32 radio and television interviews arranged

• 4 information session held with NGO’s and 7 workshops conducted with various NGO’s

7

Enhancing organizational EfficiencyThe Department has allocated a large percentage of its budget towards theimplementation of various modernization projects.

• The E-scheduler system has been implemented in 436 Courts, totaling a number of 3389 users. This system enables the Courts to schedule cases properly, identify and address backlogs and blockages.

• In addition, a Scanning Solution has also been developed to assist with the scanning of all relevant court documents. A total of approximately 280 scanners have been procured and placed at various courts throughout the country in all provinces.

• The Video Postponement Project is another modern system that has transformed the way the Department resolves court cases. In a period of 12 months, approximately 4899 remands were concluded without the detainee leaving the correctional facility.

8

Enhancing organizational Efficiency

• A Digital Recording System has been installed in all the High Courts and it’s rollout to magistrates’ courts is currently underway. The system has currently been installed in 186 courts, including the 13 High Courts and 4 Labour Courts

• Roll out of basic IT infrastructure – The total number of sites networked to date is 529 (this constitutes 94 % of all sites country wide)

• The Department is further improving the modernization of deceased and insolvent estate services. This computerized system (IADE solution) will enable the Masters Office to eliminate double registration of estates, based on an ID verification tool .

• The department is automating the Guardians Fund system. This has been rolled out in 3 of the 6 Masters offices. This electronic system will assist in the reduction of fraud and in speeding up the payment system.

9


Justice Deposit Account System:

The solution was rolled out to 3 sites identified by “Special Assignment” as hot spots of non service delivery. The fourth site is a work-in-progress. All nine regions are currently in the process of rolling out the solution to regional sites.

10


Strengthening the departments personnel establishment

• The Department reduced the number of temporary employees and acting appointments• The establishment grew by 7,2 per cent with the creation of 1017 new posts• The Department appointed 345 clerks , 215 court managers ,142 maintenance investigators, 100 family councillors and 85 maintenance officers• A total of 77 legal interns were appointed to help fast track maintenance backlogs• 45 candidate attorneys have been placed in the State Attorney’s office

11

Transformation of justice State and Society

Bills introduced into Parliament:• The Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill. • The Regulation of Interception of Communications and Provision of Communication- related Information Amendment Bill • The South African Judicial Education Institute Bill.• Civil Unions Bill.

Bills before Parliament /Ready for Introduction• The Criminal Law (Sexual Offences and Related Matters) Amendment Bill • The Judicial Service Commission Amendment Bill Bills :• The Criminal Law (Sentencing) Amendment Bill.• The Jurisdiction of Regional Courts Amendment Bill .• The Constitution Thirteen Amendment Bill• The Magistrates’ (Appointments) Amendment Bill

12


Review of the Criminal Justice SystemA project office was established and staff appointed. Plans of action aligned with the Integrated project plan were drafted . Implementation has commenced in June 2007

Increasing the Pool for appointment of female Judicial Officers23 women selected to undergo Judicial education programme in 2007/08

Re alignment of jurisdictions of Magisterial courts24 Branch courts analyzed and ready for proclamation in 2007/08An Analysis of the outstanding 66 branch courts and 230 Periodical courts to be completed by 2007/08

Legal Services Charter – substantial work has been undertaken to finalise the development of the Legal Services Sector Charter

13


South African Women Lawyers Association• Launched and hosted the SAWLA National Indaba• Facilitated the hosting of the SAWLA provincial workshops and forged

partnerships with tertiary institutions

Regulations issuedRegulations in terms of sections 5 and 7 of the Maintenance Act, 1998, relating to maintenance investigators, were prepared and published.

Practical Guidelines required by the Protected Disclosures Act, 2000, were preparedand submitted to Parliament

A Code of Good Administrative Conduct, as envisaged in the Promotion of Administrative Justice Act, 2000, has been prepared.

14

Programme Performance

15

Programme Performance

Court Performance

• The statistics reflecting the performance of the lower courts, during the period from April 2006 to March 2007,

• During this reporting period an average of 1493 courts finalised 284 030 cases with a average conviction rate of 86%.

• In addition thereto a further 44 256 cases were diverted.

REMOVED, 720354

NEW, 1055971

Other, 328286

VERDICT, 284030

DIVERTED, 44256

• At the end of March 2007, a total of 1 055 971 cases were enrolled of which 720 354 were removed from the roll. • The latter includes cases withdrawn, transferred, struck from the roll and warrants issued due to failure of accused to attendcourt sessions.

16

Court Performance: Court Hours

• The effective utilization of court hours remains a good indicator of the overall performance of a court.

• District courts managed an average sitting of 4h00 per day, which is a marginal decrease from the 4h08 managed during 2005/2006. .

04:00

04:30

04:45

03:32

04:00

04:12

03:20

04:02

04:08

03:20

03:55

04:00

High Courts

RegionalCourts

District Courts

Target 04/'05 05/'06 06/'07

Programme Performance 17

Conviction rates

• The Lower Courts maintained high conviction rates.

• The District Courts exceeded their target of 85% with 1% by maintaining an 86% conviction rate.

• The Regional Courts managed not only to exceed their target of 70% with 2% but have improved the 71%, maintained during the previous year..

85%

70%

87%

86%

71%

87%

86%

72%

86%

High Courts

RegionalCourts

District Courts

04/'05 05/'06 06/'07


Case finalization

• The target set for the finalization of cases in the Lower Courts during the current financial year were a total of 392 732 cases (5% increase over 12 months), with a monthly target of 32 728 cases.

• At the end of March 2007 , the Lower Courts managed to finalize a total of 375 436 cases with a monthly finalization rate of 31 286 cases per month.

3471636696

35039 34256

37941 3787835899 35910

2311328331

36939

32893 33604

3104232690

20602

26357

3022935045 34126

18000

21000

24000

27000

30000

33000

36000

39000

42000

APR MAY JUN JUL AUG SEPT OCT NOV DEC JAN

05/'06 06/'07 Target


Outstanding roll - Lower Courts

• The number of outstanding cases in the Lower Courts at the end of March 2007, comprised 191 371 cases of which 35 651 (19.1%) were backlog cases.

• Compared to the outstanding roll at the end of March 2005, the outstanding court roll decreased with 6.3% and backlog cases increased with 4.9%.

207,182

204,051

191,371 35,651

33,958

33,78304/'05

05/'06

06/'07

OUTSTANDING ROLL BACKLOG


Key performance Indicators

• Constitutional Court 71,6 % of new cases finalised against a target of 80%

• Supreme Court of appeal 87% of overall criminal appeals and 85% of civil appeal petitions finalised

against a target of 80% per year

• High Courts1185 cases finalised with 1214 still outstanding

• Family Advocate8770 enquires conducted (against a target of 8000) of which 6975 was finalised


Programme performance: Vulnerable Groups

Province Accused Under age 18

Appeals of below 18-year

olds

Adoptions dealt with in

terms of section 18

Children found in need of care

Children placed in

forster care

Eastern Cape 7485 11 724 4441 6568

Free State 3136 0 179 1437 1961

Gauteng 5364 18 886 5991 6710

Limpopo 3807 11 195 2919 3174

Mpumalanga 3957 17 194 1514 1518

North West 1231 4 86 859 1974

Northern Cape 1950 0 93 413 502

Western Cape 19172 29 434 2250 2274

Kwazulu-Natal * 3708 10 966 12952 10728

Grand Total 49810 100 3757 32776 35409

CRIMINAL WORK CHILDRENS COURT

Cases involving Children and Families dealt with – 2006/07

22


Province

Maintenance complaints in

terms of section 6

Formal maintenance

inquiries

DV Applications

received

Temporary orders issued

Protection orders

Divorce Court:

Summonses issued

Divorces dealt with by family court

Eastern Cape 23,602 11,796 13,903 10,511 5,400 2,860 1,192

Free State 9,889 5,219 3,594 1,947 2,094 556 133

Gauteng 43,474 26,615 25,750 16,883 14,861 2,711 6,376

Limpopo 16,436 7,816 8,865 6,156 4,311 669 0

Mpumalanga 10,132 5,500 6,901 3,914 3,393 396 9

North West 10,351 1,795 3,665 1,869 1,981 665 137

Northern Cape 2,763 2,837 1,791 1,030 760 225 1

Western Cape 29,059 20,216 25,856 15,860 14,715 8,282 6,775

Kwazulu-Natal 53,120 17,710 29,535 17,254 15,498 11,569 9,237

Grand Total 198,826 99,504 119,860 75,424 63,013 27,933 23,860

MAINTENANCE DOMESTIC VIOLENCE DIVORCE

Cases involving Children and Families dealt with – 2006/07

23


Maintenance matters – Operation Isondlo

The following figures show number of enquiries finalised, and orders served:

1. Enquiries finalised 56 4512. Applications new orders 66 9243. Orders by default 5 6804. Section 31: finalised 14 9525. No of attachment emolument orders 13 5546. No. of warrants of execution 1 3507. Attachment of debts 687 442

24

Programme performance

State Law Adviser Services

•In 2006, the State Law Advisers received a total of 578 briefs, consisting of 173 legal opinions, 346 international agreements and 59 draft regulations. A total of 566 briefs were finalised

Legislative Drafting Services

In 2006 the Drafting Unit scrutinised a total of 87 Bills, consisting of 49 new Bills and 38 Bills carried forward from 2005.

The office certified a total of 31 Bills. During the year the Drafting Unit worked a total of 17 618 hours of which 869 were spent after hours

25


Master of the High Court

Deceased EstatesThe Masters attended to 15 000 more deceased estate matters than the previous year. This is a growth of about 15 %.

InsolvencyThe number of reported Insolvency matters is declining. There are about 17% less matters reported than the previous year.

Guardian’s FundThe total number of receipts into the Guardian’s Fund for the current financial year was 15 738 to the value of R 710 million. That is up 28% in number from the previous financial year.

The total number of payments from the Guardian’s Fund for the financial year was 52139 to the value of R 379 million. That is up 14% in monetary value from the previous financial year.

26


Master of the High Court CURATOR TRUSTS

Files from No of L/E Section 18(3) CompaniesService <R125000 >R125 000 CCPoints

PRETORIA 8,211 10,744 7,976 1,536 1,099 528 14,453

JOHANNESBURG 20,058 2,555 5,095 411 98 0 0

KIMBERLEY 932 661 1,502 15 24 2 429

BLOEMFONTEIN 6,971 2,765 3,926 77 65 15 1,738

GRAHAMSTOWN 2,061 947 2,868 31 14 112 1,472

PIETERMARITZBURG 5,502 4,077 7,127 108 41 24 1,120

PORT ELIZABETH 282 1,023 2,697 51 25 0 0

DURBAN 7,831 1,301 4,556 63 36 8 0

POLOKWANE 2,671 521 1,542 0 0 0 0

BISHO 562 73 840 0 0 2 2

THOHOYANDO 0 27 577 0 0 0 0

MTHATHA 8,322 212 713 1 0 8 28

MAFIKENG 0 1,018 2,114 13 51 22 96

CAPE TOWN 2 836 5 725 7 027 396 106 479 6,399

TOTAL 2006 63,403 25,924 41,533 2,209 25,737

2005 47,328 28,543 35,557 2,945 25,826

2004 30,247 31,539 574 25,9416,318

FY2006/07 FY2006/07

3,661

5,026

DECEASED INSOLVENCIESNAME Individuals

27

Programme performanceThe Truth and Reconciliation Commission Unit (TRC)

• In keeping with the Presidential mandate given on 15 April 2003 in Parliament, the Truth and Reconciliation Commission (TRC) Unit was established with a view to audit, monitor and coordinate the implementation of the TRC recommendations and render victim support services. .

• For the interim and once-off individual grants, R519 million was paid out to 15 610 Beneficiaries. 1 227 outstanding beneficiaries are being traced.

• The Department has identified reparations of a non-monetary nature , namely:

a) Symbols and Monuments b) Medical benefits and other forms of social assistance

c) Rehabilitation of communities

28

Financial Performance

29

Vote:22 Department of Justice and Constitutional development

Final appropriation R4,893 billion

Actual Expenditure R4.469 billion

Unspent : R424 million (of which R261 million - approved roll over)

Expenditure Percentage – 91,3 %

Expenditure outcome 2006/07 30


Expenditure outcome 2006/07

ProgrammeFinal

AppropraitionFinal

Expenditure % Expenditure Variance

'000 '000 '000 '000

Administration 713,625 636,862 89% 76,763

Court Services 2,833,712 2,506,226 88% 327,486

State Legal Services 354,895 335,046 94% 19,849

National Prosecuting Authority

Auxiliary and Associated Services 991,330 991,328 100% 2

Sub Total 4,893,562 4,469,462 91% 424,100

Judges & Magistrates Salaries 1,071,056 1,099,289 103% -28,233

TOTAL 5,964,618 5,568,751 93% 395,869

31

Vote:22 Department of Justice and Constitutional Development


Programme Final Appropraition

Final Expenditure

% Expenditure Variance

'000 '000 '000 '000

Compensation of employees 1,596,130 1,572,366 98.5% 23,764

Goods and services 1,547,704 1,477,956 95.5% 69,748

Fin Trans in Assets&Liabilites 2,536 2,533 99.9% 3

Provinces and municipalities 1,566 1,127 72.0% 439

Departmental Agencies and Accounts 795,110 795,109 100.0% 1

Foreign Gov&International Organisations 3,644 4,724 129.6% -1,080

Households 10,377 10,378 100.0% -1

Buildings and other fixed structures 590833 328936 55.7% 261,897

Machinery and equipment 324535 255207 78.6% 69,328

Software and other intangible assets 21127 21126 100.0% 1

Total 4,893,562 4,469,462 91.3% 424,100

32



Major reason for under spending

• Savings on personnel because of vacancies and staff turnover;

• Savings in operational cost because of delays in appointments

• Delays in the Moneys in Trust Project

• Under spending on Capital Works (Buildings and Fixed Structures)

33

2006/07 BUDGET RE-PRIORITISATION

Branch Details of bid / re-allocation approved by the Accounting Officer Amount

Court Services Mobile Courts, Vehicles, 48,727,000

Justice College Additional Courses 5,681,000

Masters Office Accommodation and Equipment 11,744,000

Human Resources Additional Training – performance management, employee wellness, 13,200,000

Office of the DG Equipment in own office and regions, Workshops 78,050,000

Chief Litigation Officer Equipment 1,510,000

Chief Financial Officer Guardians’ Fund Accounting 7,600,000

166,512,000

34

President’s Fund

• Unqualified audit report

• No emphasis of matter

• Housekeeping matter: Investment strategy

Audit Outcomes 35

Vote: DOJ&CD

Qualified audit report• Third Party Funds (MIT)• Asset Management

Emphasis of matter and other matters reported • Contingent liabilities i.r.o Third Party Funds• Inadequate general controls on the computer environment • Financial interest declaration of senior management not done in time • Major adjustments to annual financial statements • Investigation into awarding a contract to a supplier• Lack of Human Resource Plan – vacancy rate of 23% • Performance information

Audit Outcomes 36

Qualification on Third Party Fund• Third Party Funds (MIT) separate financial statements • No defining legislation that governs the existence, processes and

operations• Legal opinion obtained, but the Auditor-General and National Treasury did not accept the legal opinion• Third Party transactions should not be disclosed separately but should be

part of the Vote Way forward• CFO to investigate the most suitable way to incorporate the information in

the Vote financials• Will remain qualification until the finalisation and implementation of the PPP • The disclaimer of audit opinion on Third Party Fund will become applicable

to the Vote if the administration is not improved

Vote: DOJ&CD

Audit Outcomes 37

Qualification on Assets • The following deficiencies, amongst others, were identified mainly due to ineffective

asset management:• the asset register was not updated with all additions for the year;• we could not obtain the asset register that agrees to the closing balance stated• The asset count was not sufficient as the existence of the assets in the regions

could not in all instances be verified and asset could not in all instances be traced to the asset register.

• The AG unable to confirm the completeness, existence of assets and accuracy of the closing balance of the assets

Way forward – See also Audit Action Plan• National Treasury to provide training for asset controllers• Appointment of asset managers in the regions• Scanners to be used for asset verification • Increased follow up by National Office on the status of assets by performing spot

checks after asset verifications• Disciplinary action

Vote: DOJ&CDAudit Outcomes 38

Disclaimed audit report• Inadequate financial records • Supporting documentation not submitted for audit purposes

Emphasis of matter and other matters reported • Deficiencies in the control environment due to non-compliance to

departmental policies and procedures• Legal status of Third Party Funds • Fraud investigations

Third Party Funds (MIT)

Audit Outcomes 39

Disclaimed audit report AG could not express an opinion on the financial statements• Inaccurate financial records resulted in inaccurate financial statements• Manual systems in use• Offices did not submit financial information for inclusion in financial

statements • Incomplete financial records and could not be reconciled.• Inadequate reconciliations• Opening balances and closing balances not reliable and auditable• No reconciliations between trust monies and trust creditors

Way forward• Finalisation of PPP• Disciplinary actions against non performing officials

Third Party Funds (MIT)

Audit Outcomes 40

Human Resources

41

Employment and Vacancies

Salary Band Number of Posts

Number of Posts Filled

Vacancy Rate

Lower skilled (Levels 1-2), Permanent 1,286 1,015 21.1%

Lower skilled (Levels 1-2), Temporary 40 40 0.0%

Skilled (Levels 3-5), Permanent 7,663 5,612 26.8%

Skilled (Levels 3-5), Temporary 392 392 0.0%

Highly skilled production (Levels 6-8), Permanent 4,148 3,354 19.1%

Highly skilled production (Levels 6-8), Temporary 320 320 0.0%

Highly skilled supervision (Levels 9-12), Permanent 3,846 3,078 20.0%

Highly skilled supervision (Levels 9-12), Temporary 4 4 0.0%

Senior management (Levels 13-16), Permanent 488 397 18.6%

Contract (Levels 1-2), Permanent 69 69 0.0%

Contract (Levels 3-5), Permanent 1,400 1,400 0.0%




Abnormal Appointment, Permanent 1 1 0.0%

TOTAL 19,900 15,925 20

42

Staff Turnover rates per critical occupation

OccupationNumber of

emplyees as on 1st of April

Appointments and Transfers

in the Department

Termination and Transfers

out of the Department

Turnover rate

Advocates 59 21 20 33.9%

Attorneys 161 125 99 61.5%

Financial and related Proffessionals 102 21 18 17.6%

General Legal administration and related proffessionals

415 385 335 80.7%

Human Resource related 85 22 12 14.1%

Senior Managers 173 21 12 6.9%

Administrative Policy and related officers

761 205 207 27.2%

Language practioners, interpreters and other Communication

298 13 23 7.7%

43

Reasons why staff are leaving the department

Termination Type NumberPercentage of

Total Resignations

Death, Permanent 106 1.1%

Expiry of contract, Permanent 7115 73.7%

Expiry of contract, Temporary 1255 13.0%

Discharged due to ill health 24 0.2%

Dismissal-misconduct, Permanent 39 0.4%

Resignation, Permanent 799 8.3%

Resignation, Temporary 66 0.7%

Retirement, Permanent 95 1.0%

Other 150 1.6%

TOTAL 9649 100.0%

44

Labour Relations: Misconduct Types

Type Number

Other* 90

Fraud 64

Theft 29

Loss of State Money 22

Unauth Absence 31

Corruption 12

Insubordination 11

Negligence 15

Unbecoming Behaviour 9

Abuse of State Property 8

Alcohol Abuse 11

Abscondment 2

Total 304

Theft10%

Negligence5%

Corruption4%

Loss of State Money

7% Fraud20%

Other*29%

Unbecoming Behaviour

3%

Unauth Absence

10%

Abuse of State Property

3%

Alcohol Abuse4%

Insubordination4%

Abscondment1%

45

SKILLS DEVELOPMENT

Occupational Categories Learnerships

Skills programmes

and other Shourt

Courses

Other forms of Training

Legislators, senior officials and managers 6 713 4

Professional 116 3077 48

Clerks 223 4221 718

Elementary occupations 0 32 6

Total 345 8047 776

Of Which

Females 173 4305 430

Males 172 3742 346

46

DOJ&CD Challenges

47

Improvement of organizational performance – financial and non financial Enhancing internal control Investment in IT business solutions Human resource investment – staff development and recruitment Remuneration framework for legally qualified personnel Infrastructure investment – continues enhancement and roll out of service

delivery points Strengthening cluster and inter departmental relations and operations Legislative and policy reforms Enhancing services to vulnerable groups

DOJ&CD Challenges 48

annual report :2006/07 briefing to select committee on security and constitutional affairs 14...

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