justice legal and parliamentary affairs committee report on 2016 national budget

13
JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS COMMITTEE REPORT ON THE 2016 NATIONAL BUDGET 1.0 OVERVIEW OF THE MINISTRY OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS Thank you Mr. Speaker Sir, for this opportunity to present the analysis of the Portfolio Committee on Justice, Legal and Parliamentary Affairs to the Budget proposals for the 2016 budget. Mr. Speaker Sir, I will begin by giving an overview of the Ministry so that the ensuing report comes into the proper context. You will be aware that the mandate of the Ministry of Justice, Legal and Parliamentary Affairs is to deliver Justice throughout the country and ensure the upholding of the Constitution of Zimbabwe as well as rehabilitating offenders to which the Portfolio Committee has to oversee that these duties are carried out judiciously. The Ministry falls under the Social Services and Poverty Eradication Cluster of the ZIM ASSET with the thrust of improving the living standards of the citizenry for an empowered society and a growing economy. The Ministry comprises of independent commissions which are the Zimbabwe Electoral Commissions, Zimbabwe Human Rights Commission and the Judicial Services Commission which should be treated separately in terms of budget allocation although this does not appear in the budget. The Ministry plays a key role in the economic development of the country. Two of the key indices that investors look for before committing themselves are the efficiency of the justice delivery system of a country and the ease of doing business which in turn ultimately affect the performance of the budget itself. 2.0 FUNCTIONS OF THE MINISTRY AND RELATED SUB SECTORS Ministry of Justice , Legal and Parliamentary Affairs 1. To provide sound legal services; 2. Incarceration and rehabilitation of all offenders; 3. To revise and review the laws of Zimbabwe; and 4. To undertake legal research and formulate policies; 5. To register and protect proprietary rights in hand, formal business and Intellectual property; 6. To promote and uphold the Constitution; and 7. To coordinate parliamentary business. o Zimbabwe Human Rights Commission 8. To support and entrench human rights and democracy; 9. To protect the sovereignty and interest of the people; 10. To promote constitutionalism; 11. To promote observance of democratic values and principles by the State and all institutions and agencies of Government controlled entities; and 12. To ensure that injustices are remedied. o Zimbabwe Electoral Commission 13. To prepare for, conduct and supervise : Elections to the office of the President and Parliament; Elections to Provincial and metropolitan councils and the governing bodies of local authorities; Elections of members of the National Council of Chiefs established by section 285, and Referendums; and ensure that those elections and

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Justice, Legal and Parliamentary Affairs Portfolio Committee of Parliament report on the Ministry of Justice, Legal and Parliamentary Affairs' 2016 National Budget Allocation

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Page 1: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

JUSTICE LEGAL AND PARLIAMENTARY AFFAIRS COMMITTEE REPORT ON

THE 2016 NATIONAL BUDGET

1.0 OVERVIEW OF THE MINISTRY OF JUSTICE, LEGAL AND

PARLIAMENTARY AFFAIRS

Thank you Mr. Speaker Sir, for this opportunity to present the analysis of the Portfolio

Committee on Justice, Legal and Parliamentary Affairs to the Budget proposals for the 2016

budget.

Mr. Speaker Sir, I will begin by giving an overview of the Ministry so that the ensuing report

comes into the proper context. You will be aware that the mandate of the Ministry of

Justice, Legal and Parliamentary Affairs is to deliver Justice throughout the country and

ensure the upholding of the Constitution of Zimbabwe as well as rehabilitating offenders to

which the Portfolio Committee has to oversee that these duties are carried out judiciously.

The Ministry falls under the Social Services and Poverty Eradication Cluster of the ZIM

ASSET with the thrust of improving the living standards of the citizenry for an empowered

society and a growing economy. The Ministry comprises of independent commissions which

are the Zimbabwe Electoral Commissions, Zimbabwe Human Rights Commission and the

Judicial Services Commission which should be treated separately in terms of budget

allocation although this does not appear in the budget. The Ministry plays a key role in the

economic development of the country. Two of the key indices that investors look for before

committing themselves are the efficiency of the justice delivery system of a country and the

ease of doing business which in turn ultimately affect the performance of the budget itself.

2.0 FUNCTIONS OF THE MINISTRY AND RELATED SUB SECTORS

Ministry of Justice , Legal and Parliamentary Affairs

1. To provide sound legal services;

2. Incarceration and rehabilitation of all offenders;

3. To revise and review the laws of Zimbabwe; and

4. To undertake legal research and formulate policies;

5. To register and protect proprietary rights in hand, formal business and Intellectual

property;

6. To promote and uphold the Constitution; and

7. To coordinate parliamentary business.

o Zimbabwe Human Rights Commission 8. To support and entrench human rights and democracy;

9. To protect the sovereignty and interest of the people;

10. To promote constitutionalism;

11. To promote observance of democratic values and principles by the State and all

institutions and agencies of Government controlled entities; and

12. To ensure that injustices are remedied.

o Zimbabwe Electoral Commission 13. To prepare for, conduct and supervise : Elections to the office of the President and

Parliament; Elections to Provincial and metropolitan councils and the governing

bodies of local authorities; Elections of members of the National Council of Chiefs

established by section 285, and Referendums; and ensure that those elections and

Page 2: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

referendums are conducted efficiently, freely, fairly, transparently and in accordance

with the law;

14. To register voters; to compile voters’ rolls and registers; to ensure the proper custody

and maintenance of voters’ rolls and registers; and to delimit constituencies, wards

and other electoral boundaries; and

15. To conduct and supervise voter education.

o Judicial Services Commission 16. Concerned with the administration of justice; and

17. Interpret laws, constitution and statutes.

3.0 OVERVIEW OF THE MINISTRY’S BUDGET

The Ministry had expected to get adequate funding for their programmes on recurrent and

capital expenditures. However, its vote was grossly underfunded in spite of the Ministry's

requirements and gross underfunding. The Ministry was allocated US$121,819,000 which

translates to 3% of the 2016 national budget. This budget allocation decreased by -2.8% when

compared to the 2015 allocation of US$125,152,439. Treasury disbursement to the Ministry

as at end of September 2015 stood at US$75,509,809 which translates to 60% of the expected

budget allocation.

3.1 ANALYSIS OF THE ECONOMIC CLASSIFICATION OF THE MINISTRY’S

BUDGET

According to the Ministry’s budget, current expenditure decreased by 4.4% while the capital

expenditure marginally increased by 0.18% in 2016. The bulk of expenditure in this ministry

goes towards recurrent expenditure which takes 89.2% of the vote allocation whilst the

remainder goes towards capital expenditure. Of the recurrent expenditure, employment costs

takes up 69.9% of the Ministry’s budget. This can be explained by the nature of the ministry

as a service provision ministry. Maintenance, Current Transfers and Acquisition of Fixed

Assets costs witnessed an increase in expenditure of 25.3%, 3.5% and 1.1%, respectively. All

the other budget items witnessed a decrease in allocation as follows; Goods and services

(13.4%), Employment (2.9%), and Programmes (49%), whilst capital transfers remained

unchanged at US$10,960,000. Table 1 shows the economic classification of the vote.

Table 1: Economic classification of the vote

Budget Item 2015 revised 2016 %change proportion

2015

proportion

2016

Change in

proportion

Current

expenditures 93,980,000 89,977,000 -4.4 75.1 89.2 +14.1

Employment

costs 78,256,000 75,916,000 -2.1 62.5 62.3 -0.2

Goods and

services 13,206,000 11,432,000 -13.4 10.6 9.4 -1.2

Maintenance 1,796,000 2,262,000 25.3 1.4 1.85 +0.46

Programmes 722,000 368,000 -49 0.58 0.30 -0.28

Current

transfers 18,012,439 18,657,000 3.5 14.3 15.3 +1.02

Page 3: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

Capital

expenditures 13,160,000 13,185,000 0.19 10.5 10.8 +0.32

Acquisition of

fixed capital

assets

2,200,000 2,225,000 1.1 1.76 1.83 +0.07

Capital transfers 10,960,000 10,960,000 0 8.75 8.99 0.25

Total 125,152,439 121,819,000 -3.05 100.0 100.0

3.2 Major achievements of the Ministry during 2015

During the 2015 Fiscal Year, The Ministry achieved the following:

1. Legal Drafting Division managed to complete work on 31 bills and over 200 drafted

and examined statutory instruments;

2. Fully operationised Zimbabwe Human Rights Commission;

3. Zimbabwe Electoral Commission conducted 30 local authority by elections as pilot

ward based and polling station voter registration and by elections in 21 National

Assembly Constituencies;

4. Decentralised Civil Division to Bulawayo;

5. The Civil Division managed to attend to 90% of the court cases out of Harare;

6. Decentralised Legal Aid Directorate to Chinhoyi and Bindura;

7. Drafted the National Prosecuting Authority Bill;

8. Facilitated the appointment the National Prosecuting Authority board members;

9. Aligned Acts under the Ministry’s administration and coordinated alignment of

Legislation to the Constitutions for all Government Ministries and Departments.

There are 206 pieces of legislation requiring alignment. To date 153 acts have been

aligned and 53 outstanding Acts. There are new Acts that have been passed and 7 new

Acts are required; and

10. Drafted National policy on intellectual property.

o Ministry's Policy Priorities for 2015-2018

The major policy priorities for the Ministry for the year 2016-18 are;

1. Alignment of legislation with the Constitution;

2. Decentralisation of the Legal Aid Directorate to facilitate equal access to justice for

all Zimbabweans;

3. Channelling resources towards rehabilitation programmes;

4. Renovation of prison infrastructure;

5. Operationalisation of the National Prosecuting Authority;

6. Capacitating the Zimbabwe Human Rights Commission and the National Prosecuting

Authority;

7. Capacitating the Community Service Programme through the provision of motor

vehicles and opening provincial offices;

8. Decentralisation of the Pre-Trial Diversion programme for juvenile offenders to other

centres; and

9. Capacitating the Civil Division Bulawayo Offices.

Page 4: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

3.4 MAJOR CHALLENGES FACED IN THE DELIVERY OF SERVICE DURING

2015 BY THE MINISTRY AND THE SUBSEQUENT SUB SECTORS

1. Erratic, insufficient, non-releases or late releases of funding needed for service

delivery, projects and programmes;

2. Lack of motivated staff leading to high staff turnover;

3. Freezing of posts;

4. Salary delays for Commissions;

5. Failure to meet conditions of service for Commissions and other Government

workers;

6. Unsuitable office accommodation requiring renovation and not conducive to work;

and

7. Debts carry over from previous years.

o ANALYSIS OF THE MINISTRY’S SUB VOTES

The Ministry has 6 sub votes which are Administration and General, Zimbabwe Prisons and

Correctional Services, the Attorney General's Office, Zimbabwe Electoral Commission,

Zimbabwe Human Rights Commission and the National Prosecuting Authority.

Administration and General and the National Prosecution Authority registered an increase of

13.3% and 372.5% respectively in resource allocation from 2015 to 2016. This indicates the

important role played by these sub sectors in the Ministry’s quest to achieve the ZIM ASSET

goals and objectives.

Now we have an NPA that is managing its own account as a separate entity. Ministry of

Finance should comply on treating the commissions as stand-alone entities. All the other

categories recorded decreases in allocation; Zimbabwe Prisons and Correctional Services

(1.1%), Zimbabwe Electoral Commission (36.6), the Attorney General's Office (68.3%),

Zimbabwe Human Rights Commission (14.8). As a proportion of the total budget the

Attorney General’s office was less prioritised in 2016 by 3.7 percentage points. This move

may constrain the proper functioning of this arm. Table 2 shows the expenditure categories of

the Ministry.

Table 2: Expenditure categories of the Ministry

Budget item 2015 2016 Change

(%)

Proportion

of 2015

budget

Proportion

of 2016

budget

Change in

proportion

Administration and

general 18,424,000 20,881,000 13.3 14.7 17.1 +9.2

Prisons and

Correctional

Services

86,729,000 87,696,000 -1.1 69.3 71.9 +2.6

Attorney General’s

Office 3,630,000 1,152,000 -68.3 2.9 0.95 -1.95

Zimbabwe

Electoral

Commission

13,111,439 8,316,000 -36.6 10.5 6.83 -3.7

Zimbabwe Human

Rights Commission 1,571,000 1,339,000 -14.8 1.3 1.1 -0.2

Page 5: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

National

Prosecution

Authority

720,000 3,402,000 372.5 0.57 2.79 +2.2

Total Budget of

Public Service 125,152,439 121.819,000 -3.05 100.0 100.0

3.5.1 ANALYSIS OF THE ADMINISTRATION AND GENERAL BUDGET

ALLOCATION

For the Administration and General budget, employment, current transfers, programmes and

acquisition of fixed assets costs increased in the 2016 budget as shown in Table 3 below. All

the other budget items under this category realised decreases ranging between 2% and 32%.

As a proportion of the total Administration and General budget, current transfers takes the

bulk of the budget (29%) in 2016 and this is an increase compared to 16.7% in 2015. 99% of

the current transfers budget goes to the political parties. Table 3 shows the distribution of the

Administration and General budget.

Table 3: Administration and General budget

Administration

and general 2015 2016 %change

Proportion

2015

proportion

2016

Change in

proportion

Employment costs 2,500,000 2,545,000 1.8 13.6 12.2 -1.4

Goods and services 1,944,000 1,327,000 -31.7 10.6 6.4 -4.2

Maintenance costs 195,000 190,000 -2.6 1.06 0.91 -0.15

Current transfers 3,070,000 6,060,000 97.4 16.7 29.0 +12.3

Programmes 65,000 84,000 29.2 0.35 0.40 +0.05

Acquisition of fixed

assets 150,000 175,000 16.7 0.81 0.84 +0.03

Capital transfers 10,500 10,500 0 0.06 0.05 -0.001

Total 18,424,000 20,881,000 14.6 100.0 100.0

This budget item was underfunded considering the Ministry’s bid for the line item in 2016.

The Ministry will not be able to do the following among others:

776. Only US$319,000 was allocated for communication, information supplies and

services against a bid of US$441,776. This will constrain the awareness campaigns on

the new Constitution, Honourable Minister’s advocacy meeting in the remaining

provinces, parliamentary activities, workshops, road shows, exhibitions, monitoring

and evaluation of the Constituency Development Fund. An allocation of US$96,000

was provided for domestic travel expenses for these awareness campaigns;

Page 6: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

777. A provisional amount was put in place to cater for invited guests’ costs during

advocacy meetings and conferencing. An amount of US$27,000 had been budgeted

and only US$10,000 was allocated;

778. The Ministry’s human-kind development plan was approved and will cater for

tuition, allowances and travel costs for staff. A bid for US$54,000 was done and only

US$20,000 was allocated; and

779. Only US$80,000 was allocated for foreign travel expenses against a bid of

US$275,250. This will comprise the foreign visits by ministry staff and relevant

stakeholders to learn best practices from other countries.

3.5.2 ANALYSIS OF PRISONS AND CORRECTIONAL SERVICES BUDGET

The prisons and correctional services budget marginally increased by 1.18% in 2016. This

will negatively affect operational efficiency of the ministry in 2016. Goods and services and

Programmes witnessed decreases of 10.3% and 56.8% respectively whilst employment costs,

Acquisition of fixed capital assets and maintenance experienced an increase during the period

under review. The employment cost budget takes the lion’s share of the prisons and

correctional services budget, taking 81.6% in 2016 compared to 82.7% in 2015 showing a

decrease in priority. Most budget items poorly funded are critical for protecting society from

criminal elements through the incarceration and rehabilitation of offenders for their

successful reintegration into society, while exercising reasonable, safe, secure and humane

control. Table 4 shows the breakdown of the social services budget.

Table 4: Prisons and Correctional Services budget breakdown.

Prisons &

Correctional

services budget

2015 2016 %change Proportion

2015

Proportion

2016

Change in

Proportion

Current

expenditure

Employment costs 72,601,000 72,629,000 0.039 82.7 81.6 -1.1

Goods and services 10,990,000 9,860,000 -10.3 12.5 11.1 -1.4

Maintenance 1,548,000 2,056,000 32.8 1.77 2.32 +0.55

Programmes 657,000 284,000 -56.8 0.75 0.32 -0.43

Capital

expenditure

Acquisition of

fixed assets 1,900,000 1,900,000 0 2.17 2.14 -0.03

Total 87,696,000 88,729,000 1.18 100.0 100.0

The functions of the Prisons and Correctional Services sector will be constrained due to the

following factors among others:

100. An amount of US$1,100.000 is required monthly for Inmates food translating

to US$13,200,000 per annum. Only US$3,109,400 was provided for this purpose in

the 2016 budget representing 24% of the actual requirement and only enough to cover

Page 7: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

three months of food supply. This leaves the prison in a very precarious position,

considering that consequences of food shortage imply threat to security and thus

threat to human life;

101. An amount of US$39.48 is required to fully dress an inmate; the total

requirement would then be US$1,570,200 per annum considering that at least two sets

of uniform may suffice in one particular year for a maximum of 20,000 inmates. Only

US$125,000 was provided for this purpose in 2016 representing 10% of the

department’s actual requirement. In addition, uniforms for the serving members and

new recruit prison officers are required during the period under review;

102. An allocation of US$301,000 was made towards the medical supplies and

services against a bid of US$5,190,400 representing a mere 6% of the department’s

requirement in 2016. This will comprise the procurement of drugs and medicines and

the department will continue to survive on donations from well-wishers or referring

most cases to private and government hospitals;

103. In moving with technology, the department needs computer accessories, bond

paper, duplicating paper, tonners, fax rolls and other essential office consumables.

The department has been allocated US$100,000 from a total bid of US$928,000

which is only 11% of the bid;

104. An amount of US$169,000 was allocated towards the maintenance of physical

infrastructure from a bid of US$4,568,000. This allocation represents 3.7% of the

required amount. This will pose a threat to life and security as some of the prisons

were built well before independence and as a result they need constant maintenance;

and

105. Only US$1,103,000 which is 68% of the bid was allocated for fuels, lubricants

and oils to take prisoners to court for effective justice delivery. This is against a

requirement of US$1,784,010 for 2016. The department will be unable to send

prisoners to court and this will definitely put a negative image to the department and

government in particular, whilst at the same time compromising the justice delivery

system.

3.6 ANALYSIS OF THE ATTORNEY GENERAL'S OFFICE SERVICES

In relation to the total Attorney General’s budget, the employment cost takes the largest

portion of the budget (64.4%). However the allocation has declined compared to 2015. The

remaining budget items share the remaining proportion. Table 5 shows the distribution of the

Attorney General Budget. The pro-poor budget initiative enshrined in several government

blue prints including the current ZIM ASSET policy document will not be realised if the

same critical budget items remain underfunded. The allocations fall short of achieving the

basic goals of providing legal assistance.

Table 5: Attorney General's Office Services budget breakdown.

Attorney

General’s Office 2015 2016 %change

Proportion

2015

Proportion

2016

Change in

Proportion

Current

expenditure

Employment costs 3,155,000 742,000 -76.5 86.9 64.4 -22.5

Goods and services 272,000 245,000 -9.9 7.5 21.3 +13.8

Maintenance 53,000 15,000 -65.5 1.46 1.30 -0.16

Page 8: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

Capital

expenditure

Acquisition of

fixed assets 150,000 150,000 0 4.13 13.02 8.9

Total 3,630,000 1,152,000 -68.0 100.0 100.0

3.7 ANALYSIS OF THE ZIMBABWE ELECTORAL COMMISSION BUDGET

Table 6: Zimbabwe Electoral Commission budget breakdown.

Electoral Commission 2015 2016 %change %proportion

2015

%Proportion

2015

Current Transfers 13,021,439 8,226,000 -36.8 99.3 98.9

Capital Transfers 90,000 90,000 0 0.7 1.1

Total 13,111,439 8,316,000 -36.6 100.0 100.0

Table 6 shows that the Zimbabwe Electoral Commission was allocated $8,316,000 which is

28.7% of their bid of $29,005,366. This allocation was deemed insufficient for the

Commission’s operations to maintain a strong presence in the electoral process. Some of the

activities that would be constrained include;

Voter registration since the budget does not take into account the proposed

unavoidable expansion to cater for this registration;

Conducting of elections;

Nothing was allocated for the capital expenditure to include motor vehicles for

Commissioners, Secretariat and administration, office accommodation for provinces

and districts and districts voter registration equipment; and

Voter Registration and by elections budget were not considered at all, regardless of

the fact that the expenditure items constitute unavoidable Constitutional obligations.

3.7.1 Achievements of the Zimbabwe Electoral Commission in 2015

The following were some of the major achievements in 2015;

Conducted pilot ward based and polling station based voter registration and by

elections in 25 National Assembly Constituencies;

Conducted pilot polling station based voter registration and a by election in the

Marondera Central National Assembly constituency. The Commission is currently

registering voters based on polling station specific in Nkulumane National Assembly

constituency in preparation for a by election on 19 December 2015. The Commission

also started on polling station based voter registration in Chegutu Municipality ward

6; and

Conducted 30 local authorities by elections.

Page 9: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

3.7.2 Zimbabwe Electoral Commission 2016 Strategic Priorities

As part of its preparations for the 2018 harmonized elections, the Commission

adopted a Road Map to 2018. Voter registration must commence in 2016 for the

Commission to come up with a credible voters’ roll for the election;

Clearing outstanding bills that accumulated since the harmonized elections that were

held on 31 July 2013. A total of US$2.5 million is still outstanding with CMED

having the highest amount of US$800,000;

Purchase of vehicles for Commissioners and Secretariat. The fleet currently in use

was purchased in 2007. The vehicles are now spending more time in the garage than

on the road and have become a drain on the budget in terms of maintenance charges;

By elections: The Constitution requires that a vacancy that may arise in a local

authority or National of Assembly must be filled in within 90 days from the date of its

occurrence; and

Improve on Risk Management by ensuring all assets and installation of fire fighting

equipment.

3.8 ANALYSIS OF THE ZIMBABWE HUMAN RIGHTS COMMISSION BUDGET

From a bid of $2,244,000 the Zimbabwe Human Rights Commission, mandated to promote

awareness of and respect for human rights and freedoms at all levels of society, was allocated

$1,339,000 which is mostly Employment Costs. The overall implication of this inadequate

budget is that the organization will not be able to fulfil its mandate as it would have desired

and that the challenges faced during the previous years will continue.

Table 7: Zimbabwe Human Right Commission budget breakdown

Human Rights

Commission 2015 2016 %change

Proportion

2015

Proportion

2016

Current Transfers 1,421,000 1,189,000 -16.3 90.5 88.8

Capital Transfers 150.000 150,000 0 9.5 11.2

Total 1,571,000 1,339.000 -14.8 100 100

3.8.1 Major Achievements of the Commission to Date

Capacity enhancement for Commissioners in terms of understanding the role of

national human rights institutions;

Capacity development of the new secretariat in order to enable it to handle the work

that is entrusted on human rights institutions;

Successfully developed internal case handling, monitoring and inspections and

education, promotions and research frameworks and guidelines to ensure standard

work procedures and quality service delivery; and

Successfully developed human resources, internal control and administrative systems

to guide processes of the Commission’s work and internal culture.

3.8.2 Policy Priorities of the Zimbabwe Human Rights Commission: 2016-18

Page 10: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

To adequately resource the Commission so as to undertake service delivery in full

throttle;

To finalise full implementation of the commission through adequate Secretariat

staffing, consolidation of operational policies and test their efficacy;

To continue networking and building effective awareness as well as stakeholder

engagement on the work of the Commission; and

To decentralise operations by opening provincial offices in major cities of Zimbabwe.

3.9 ANALYSIS OF NATIONAL PROSECUTION AUTHORITY BUDGET

The National Prosecution Budget on the overall increased by 372.5% with current transfers

taking the large chunk of the budget, (93.5%). Employment costs take the biggest share of the

current transfers’ budget. Table 8 shows the budget breakdown.

Table 8: National Prosecution Authority budget breakdown

National Prosecution

Authority 2015 2016 %change

Proportion

2015

Proportion

2016

Current Transfers 500,000 3,182,000 536.4 69.4 93.5

Capital Transfers 220.000 220,000 0 30.6 6.5

Total 720,000 3,402,000 372.5 100 100

National Prosecution Authority Priority Areas in 2016

1. Human Resource Capacitation;

2. Mobility Capacitation;

3. ICT capacitation; and

4. Office and Administration capacitation.

3.10 ANALYSIS OF THE JUDICIAL SERVICE COMMISSION

The Judicial Services Commission budget marginally decreased by 1.25% from US$16

million in 2015, to US$15.8 million in 2016. This will negatively affect operational

efficiency of the Commission during the year under review. It remains sad that the current

process of budget formulation violates the principles of separation of powers. The Judiciary is

and remains the third arm of the state. It should not be under control of the Executive in any

way, yet the Executive continues to treat it like any other government Ministry in matters of

funding and approvals. This is a matter that should be addressed.

3.10.1 Major Achievements of the Judicial Service Commission in 2015

Some of the major achievements were:

1. An expansion in the infrastructure in the lower courts where 12 court houses have

been completed;

2. An expansion of the Supreme Court bench due to the appointment of three additional

judges;

Page 11: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

3. An expansion of the High court due to the appointment of six additional judges; and

4. Acquisition of a number of motor vehicles as conditions of service for judges and

magistrates.

o Challenges faced by the Judicial Service Commission in 2015 5. Since 2010, the structure of the JSC has not been approved and remains unfunded.

The impact on the rest of the Judicial Service has been to take Judicial Officers out of

court to serve as administrators and to cannibalise other sections of the judicial

service. The unbundling of the offices of the Registrar, Master and Sheriff of the High

Court, whilst it has brought in marked improvements in service delivery, is yet to be

agreed to by the Treasury and be funded accordingly;

6. The freeze on recruitment in the service has affected the lower court where the

vacancy rate remains at 41. The impact in an economy that needs greater efficiency is

now being felt. The regional bench needs to be expanded urgently as it is now out of

sync with the High Court. The need to advance magistrates especially into the senior

magistrate grade is posing some jurisdictional challenges; and

7. PSIP projects in Chinhoyi, Gwanda and Marondera have remained stalled for the past

eight years.

o 2016 Priorities for the Judicial Service Commission 8. Filling of vacant posts including the expansion of the regional bench; and

9. Expand the jurisdiction of the regional court to include the civil court.

4.0 FINDINGS AND RECOMMENDATIONS

4.1 FINDINGS

The following conclusions can be drawn from the analysis;

1. The expenditure allocated to the Ministry decreased by 2.8% in 2016. The allocation

means that the Ministry has to revise downwards its priorities but this will have dire

consequences for the administration of justice and the economic development of the

country;

2. The bulk of expenditure of the ministry goes towards recurrent expenditure (89.2%)

with employment costs taking up 69.9% of the budget;

3. There is lack of Accounting Status as the Independent Commissions have to

communicate with Treasury through the Ministry of Justice, Legal and Parliamentary

Affairs;

4. The Human Rights Commission needs to be fully operationalised. For this purpose

the Ministry had requested a budget of $2 244 000 but was allocated $1 339 000

which is not adequate since the Commission needs to re-establish its Secretariat,

establish offices in each province, procure office furniture, vehicles, attractive salaries

for staff recruitment and retention and needs to hold awareness workshops;

5. The Zimbabwe Prisons and Correctional Services should fully utilise its allocated

farms throughout the country. This should ideally enable the department to feed its

inmates. Unfortunately there were no provisions for the purchase of farm equipment

in the budget to improve productivity and efficiency on the utilisation of these farms.

There are also no provisions for the children of inmates and female inmates are not

provided with sanitary ware.

6. The Ministry owes huge debts amounting to US$725,000 to health service providers

from the previous budget which, without separate provision for it, will consume a

portion of the Ministry's vote;

Page 12: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget

7. The Zimbabwe Electoral Commission is heavily underfunded by Treasury and their

workers have not received their salaries from November 2015 in addition to self-

financing the Elections;

8. There is no allocation for damages paid against the Government; and

9. Treasury is failing to disburse the Constituency Development Fund.

4.2 RECOMMENDATIONS

The committee made the following recommendations to improve the Ministry’s functions;

1. The Government should expeditiously disburse funds proposed in the year in which

they should be used;

2. There is need to increase the overall operations budgets as most funds of the Ministry

are absorbed by employment costs. The increase should be mainly on key priority

areas that help the ministry to discharge its duties efficiently particularly the need for

vehicles;

3. Monitoring is essential for achieving high results and thus there is need to improve

budget items that ensure adequate monitoring such as vehicles for domestic travel.

Renting of vehicles is proving to be more costly than purchasing own vehicles;

4. The independence of Commissions should be reflected in the budget, that is, the

Zimbabwe Electoral Commission, the Human Rights Commission and the National

Prosecuting Authority should have stand-alone budgets;

5. There should be sufficient expenditure to ensure that human rights of prisoners are

respected at all times. Expenditure on the health of the prisoners should be increased.

Generally conditions in the prisons should be improved;

6. The Zimbabwe Prisons and Correctional Services should be well resourced with

equipment so that it can be able to improve the productive efficiency on farms. There

should be a rationalisation of the productive facilities so that the department can

generate revenues to fund some of its activities;

7. The Prison Authorities should also consider partnerships in some of these farms.

There is also need to venture into other income generating projects that are profitable

for instance piggery, poultry, cattle ranching among others;

8. The Committee recommends that there be an allocation for the Constituency

Development Fund for development projects to be undertaken and to complete some

of the projects that had already been started;

9. The Ministry should be allocated an amount to buy its own vehicles as hiring tends to

be more expensive and a drain from the fiscus;

10. Treasury should consider an allocation for damages paid against Government in its

budget;

11. The National Prosecution Authority should be fully operationalised; and

12. The Zimbabwe Electoral Commission should be capacitated to carry out its duties

smoothly. In light of this, funding for the national voter registration should begin

immediately in preparation for 2018; as well as strengthening the Commission’s

capacity to handle electoral processes;

13. Channel resources to buy vehicles for the department and desist from car hiring;

14. The Ministry should bring the reports for the Independent Commissions for

consideration by the Committee; and

15. Organisations like the Deeds Transfer among others, should be computerised for easy

of doing business. I thank you.

Page 13: Justice Legal and Parliamentary Affairs Committee Report on 2016 National Budget