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1 Select Committee on Security and Constitutional Affairs Presentation by Adv S Jiyane, DDG Court Services 28 May 2007

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Select Committee on Security and Constitutional Affairs. Presentation by Adv S Jiyane, DDG Court Services 28 May 2007. INDEX. The Role of Court Services The Branch Court Services Linking Budget to Strategy Intersectoral Alignment - PowerPoint PPT Presentation

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Page 1: Select Committee on Security and Constitutional Affairs

1

Select Committee on Security and Constitutional Affairs

Presentation by Adv S Jiyane,

DDG Court Services

28 May 2007

Page 2: Select Committee on Security and Constitutional Affairs

2

INDEX

• The Role of Court Services

– The Branch Court Services– Linking Budget to Strategy– Intersectoral Alignment– JCPS Cluster Activities– Integration of systems across the IJS

• Court Services’ Approach for 2007

• Achievements of 2006

• Budget management

• Priorities & Planning for 2007

• Conclusion

Page 3: Select Committee on Security and Constitutional Affairs

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The role of the Branch Court Services

WHO ARE WE?

• To assist the Department to deal with its objectives, the Branch Court Services was established to focus directly on those aspects relating directly to the courts. This came about after intense deliberation on how to focus attention on our core functions relating to the administration of justice through courts and the fragmented approach across various branches in the past.

• In brief our goal is to develop and facilitate the implementation of measures to support and assist the courts and to ensure their independence, impartiality, dignity, accessibility and effectiveness in accordance with the Constitution

WHAT DO WE DO?

Court Services’ core function can be viewed as:• The facilitation of the adjudication of criminal matters, the resolution of civil disputes,

the addressing of family law related matters, improving the situation of vulnerable groups and the management of courts facilities;

• The coordination and alignment of departmental strategies and programmes in relation to courts within the JCPS and Social clusters; and

• The monitoring and evaluation of the implementation of departmental policy in relation to courts.

Page 4: Select Committee on Security and Constitutional Affairs

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Linking budget to strategy

In line with the DOJCD goals of -

1. Ensuring access to justice for all

2. Enhancing Organizational Efficiency and

3. Transforming Justice

Court Services is dealing with its responsibilities and the funds allocated to it through the courts and the following Programmes at National Office:

– Programme Coordination and Court Support Services– Court Performance– Vulnerable Groups– Facility/Infrastructure Management– Family Advocacy

Page 5: Select Committee on Security and Constitutional Affairs

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Service Delivery Performance Improvement

The budget and additional funds received enabled Court Services and the Department to deal with, amongst other things, the following –

1) Ensuring that there are sufficient appropriate court buildings, facilities and infrastructure that support access to justice

2) Support to vulnerable groups

3) Implementing an effective court management system, including case flow management and ensuring quality and cost-effective court services

4) Transforming and improving customer service in keeping with the principles of Batho Pele and promoting greater confidence in the criminal justice system

Page 6: Select Committee on Security and Constitutional Affairs

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Intersectoral Alignment

– The department is attending to infrastructural development in each of the urban and rural development nodes. The development centers around new courts, additional accommodation, repair and maintenance of facilities, installation of new or improvement of existing information technology systems together with the upgrading of office furniture and related equipment.

– In as far as possible, all new developments are aligned to the Municipalities IDP and Spatial Development Framework in cases where the municipalities have them.

– There is a close co-ordination with SAPS (169 priority areas) in the planning of locations for new facilities and initiatives in general to ensure a more integrated approach.

Page 7: Select Committee on Security and Constitutional Affairs

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JCPS CLUSTER ACTIVITIES• DEVELOPMENT COMMITTEE Court Services participates in the JCPS cluster activities through both the Development

and JOINTS Committees. The Development Committee has facilitated, in addition to national intersectoral

engagement, the establishment of provincial and local committees

– In relation to the criminal justice system, the following main cluster priorities are receiving attention:

• Continuation of the implementation of IJS programmes, predominantly in respect of modernising the justice system and improving the management of persons and cases through the justice system chain;

• Improving the effectiveness of the Criminal Justice System, in part, through a review of the Criminal Justice System;

• Integrated approach to reduce Case Backlogs in our Courts• Strengthening the CJS capacity in addressing issues of children in conflict with the law• Case Flow Management to improve the effectiveness and service delivery of the system• Restorative Justice identified as a major tool to address overcrowding through diversion

and alternative sentencing• Alignment of Victim Empowerment Policy and the Service Charter and other victim support /

empowerment initiatives stemming from National Crime Prevention Strategy• Dealing with sexual offences / intermediaries

Page 8: Select Committee on Security and Constitutional Affairs

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Integration of Systems of the IJS departments

• Through the Development Committee, the following Integration initiatives have been identified as Quick wins for the 2007-2008 financial year:

– CAS and Workflow system of the Legal Aid Board (LAB) / and E-scheduler• An electronic notification is send from the CAS (SAPS) system to the Legal Aid Board System notifying them that

an accuse require Legal Aid Assistance. On this trigger the Legal Aid Board will arrange for a Legal Aid Officer to take the necessary forms to be completed by the accused to the Police Station whom send the electronic notification/alert.

• Re the E-Scheduler integration is to facilitate the electronic transfer of docket information (e.g. Particulars of Complainant, the Accused, the charge) from the CAS (SAPS) system to the E-Scheduler (Case Management Solution of DOJ&CD)

– E-scheduler and Admission &Release (A&R)• This integration will facilitate the electronic transfer of postponement dates for people in prison from the E-

Scheduler System to the A&R system of DCS

– CAS and CRIMM Systems (SAPS)• This is to ensure that there is a link between the CAS system where the case registration particulars are stored and

the Crimm System (CRIM) where the criminal history of an accused is stored.

– Consensus was reached that the tracking of a person through the entire value chain and the verification of the identity of an accused will be done by using the fingerprint of accused persons as the common/unique identifier.

– The strategy includes the integration of the following solutions -• CRIM (SAPS) and Admission & Release (A&R) system of DCS• HANIS system (Home Affairs) with the IJS Systems • Access to AFIS (Automatic Fingerprint Identity System), NPIS (National Photographic System) and the Live Scan

(digitized way of taking fingerprints i.s. o. using ink as is currently the case) will be available to all participating departments to do either fingerprint or mugshot verification.

Page 9: Select Committee on Security and Constitutional Affairs

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COURT SERVICES APPROACH FOR 2007

• Continuation of implementing the MTSF of the DOJCD and

activities started in 2006

• Re-positioning and capacitating National Office Court Services to deal with setting policy/ guidelines for implementation at regional and local level – especially regarding projects to improve the efficiency of service delivery at local justice delivery points; and to monitor and evaluate progress of activities and budget expenditure across the spectrum (this includes improving analysis capacity)

• Focus on specific high level activities (in conjunction with Regions) such as –– Maintenance and child justice aspects– Monitoring and improving Court performance – though finalisation of roll-out of e-scheduler

(including scanning solution/ roll-out of backlog reduction project sites / finalisation of roll-out of digital recording services / improving transcription services

– Facility management projects and RAMP– Improving budget expenditure and project management– Extending the Family Advocate Services

Page 10: Select Committee on Security and Constitutional Affairs

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• 2006/07 IMPLEMENTATION OF THE DOJCD MTSF AND SOME ACHIEVEMENTS

Page 11: Select Committee on Security and Constitutional Affairs

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2006/2007: FACILITIES MANAGEMENTEXPENDITURE WAS OCCURRED IN THE FOLLOWING REGARD IN ORDER TO IMPROVE THE CONDITIONS AND INFRASTRUCTURE AT SERVICE DELIVERY POINTS

Capital Works R268 138M

RAMP R 50 000M

Accommodation Charges R109 444M

Leases R114 192M

Municipality Charges R87 697M

Day to Day Maintenance R21 500M

GG and Judges Vehicles R28 836M

Libraries R2 000M

Upgrading of Infrastructure R38 315M

TOTAL R718 845M

Page 12: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.• Courts have been made available in the following urban development nodes: Mdantsane, Inanda, Khayelitsha,

Mitchell’s Plain, Motherwell

• A total of 285 courts are now registered on RAMP and are in various stages of execution:   Status quo reports : 190   Design/ Tender phase : 12 (7- tender, 5- design)    Repair phase : 2   Maintenance phase : 55   Completed (36-month cycle finished) : 26

• Capital works:      2 new facilities completed in Madadeni (KZN) and Nerina Youth Centre (PE)

    4 Major new accommodation projects where construction is in progress (multi year projects):• Daveyton Branch Court• Motherwell MO• Tsakane Branch Court• Augrabies MO

    6 Major extensions’ projects in progress (multi year projects):• Theunissen MO• Ceres MO• Stanger MO• Mitchells Plain MO• Colesberg MO• Supreme Court of Appeal

o 3 Major refurbishments in progress (multi year projects):• PMB Masters’ Office: Colonial Building• Polokwane HC: Old Landros Mare Building• Sekgosese MO: Relocation to Soekmekaar Military Base

Page 13: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

• 2 new facilities went out on tender and contractor has been appointed (in process of establishing on site):

• Ekangala MO – new facility• Kagiso MO – new facility

• 1 new facility out on tender (re-advertisement):• Galeshewe MO – new facility (re-advertised 25 May 2007)

• 10 sites acquired for construction of new facilities for courts

• 35 courts were provided with facilities for people with disability:(Budget allocated: R10m)

– In construction = 29– Site establishment = 3– Tender phase = 2 (tenders closed in May)– Delayed = 1 (awaiting approval from SA Heritage Council)

• Re-demarcation of Magisterial Districts– As part of the review process meetings have been held with various role-players

in each province to review those cross-border magisterial districts in order to agree in principle the way forward. The objective is to finalize the re-demarcation process during the 2007/08 financial year.

– New magisterial districts to be created eg Soweto

Page 14: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

• CASE BACKLOG REDUCTION– The goal is to achieve a reduction in all case backlogs at the various project sites and

other courts in general and also the appeal backlogs during 2007. The project is being dealt with as part of the holistic case flow management process through inter-sectoral engagement with critical role players including the NPA, Judiciary and Legal Aid Board (LAB)

• 5 Regional Court Pilot sites set up since Nov 2006; • Project extended to 19 courts • Additional staff were provided to the identified sites (mag/ clerks/ interpreters/ legal aid reps/

pp’s• E-scheduler in place at the backlog sites• Progress monitored monthly

– 697 cases finalized, 1119 disposed off (include withdrawals, transfer and warrant of arrest)

– Audit of un-utilised sites undertaken– Additional capacity at High courts to deal with appeals

• Proposed getting retired judges back for 3 month stints• In the interim, obtained buy-in from Pta and JHB Bars and GCB for use of SCs as pro bono

acting judges from 26 March 07 to deal with appeal backlogs– Currently planning a national action plan for whole of 2007 with all backlog hotspots

included and to deal with new backlog definition for Regional courts and to plan holistically for using the additional funding obtained from Treasury.

Page 15: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

• The new Re aga Boswa court management model required new skills, competencies and organizational structure in line with new developments and challenges facing courts. Consequently the following interventions/programmes as part of the roll out of Re aga boswa were embarked upon:

Court Management Learnership

o Initiated in 2005o 2 year programme, ending in 2006/7o NQF level 5o 100 learners enrolled – 90 serving and 10 unemployed ito Skills Dev Legislationo Currently 95 learners are still in the programme

Long term – Court Management Development Programme will be located at new Justice College

• Programme to be offered in modules as per needs of the courts from Justice College

Other Initiatives A total of 58 Area Court Managers appointed nationally and given orientation about the Department and courts

A total of 162 Court Managers appointed nationally and given orientation about the Department and courts

A total of 6 Court Operations Directors appointed in the regional offices to coordinate provincial court management

Above include dedicated court managers for the high courts

Legally qualified Registrars now focus on case flow management (under the court managers in the high courts).

A model organizational structure for courts is developed and being finalized. This will cater for appropriate structure to execute the full mandate of the courts/complete package of all services rendered in the courts, including dedicated capacity for court information management to support courts to manage court performance.

Additional capacity (clerks) created in the courts to handle new court systems, eg. e-scheduler etc

New delegations for court managers developed and duly approved.

Page 16: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

• The modernisation programme compose of the following initiatives undertaken during 2006/07:

– e-Scheduler (web based with 444 sites completed)

– Video postponements (currently piloted at KZN – 4899 postponements conducted )

– Digital Court Recording System (digital system transition from previous analogue systems in all courts) 1238 recorders installed

– Transcription services – to improve services each region provided with dedicated service provider.

– Scanning solution – the system developed enhancing the e-scheduler to provide support to the courts regarding capturing of file/ case dockets/charge sheets. 329 scanners distributed. Final testing of the enhanced version and impact study to determine resource for utilisation need to be conducted.

Page 17: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

Case Flow Management

• CFM is overseen by an National Integrated CFM Steering Committee – all cluster partners represented

• CFM governance structures established at provincial, area & local level (Integrated Case Flow Management Forums) - chaired by the Judicial heads

• CFM Planning Tool/Template developed and introduced to CFM role-players

• CFM Guidelines distributed and available on DJINI

Page 18: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

Video Remand System

• Proof of concept completed to conduct postponements without the awaiting trial detainee leaving the correctional facility.

• Benefits - remove security risks and logistical nightmare associated with daily transportation of ATD’s between court and prison, and free time & resources in the system for trial ready cases. Targeting only remand cases where no juveniles are involved

• Piloted in Durban, Pinetown & Westville prison in KZN since Oct 05 - 4899 remands concluded

• Suitable DOJ sites has been determined for further roll-out and cost analysis conducted. Engagement with DCS in progress to secure appropriate Correctional Centres.

– Challenge - Draft legislation to be finalized and appropriate infrastructure lacking especially in correctional centres

Page 19: Select Committee on Security and Constitutional Affairs

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ACHIEVEMENTS cont.

e-Scheduler/ Case Management System• Deployed at 444 Lower Courts( All courts by July 2007)

• User distribution – 3582 (Judiciary, Prosecution, Court Support Services)

E-scheduler Roll Out per month

16 Number of courts e-scheduler implemented during October 2006

22 Number of courts e-scheduler implemented during November 2006

71 Number of courts e-scheduler implemented during December 2006

68 Number of courts e-scheduler implemented during January 2007

107 Number of courts e-scheduler implemented during February 2007

160 Number of courts e-scheduler implemented Since March 2007 to date

444 Total

# Eastern Cape

Free State Gauteng KwaZulu-Natal

Lim¬popo Mpuma¬langa

North¬ern Cape

North West Western Cape

444 81 (complete)

58

(6 sites o/s)

43 (complete)

65

(10 sites o/s)

37 (complete)

36 (complete)

35 (complete)

33 (complete)

56 (complete)

Page 20: Select Committee on Security and Constitutional Affairs

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Court Nerve Centre

• Court Nerve Centre concept :

– Court Services to facilitate the collection, capturing, processing, analysis and reporting on the performance of the courts within the criminal, civil and family court services

– Interface with other data sources (NPA, judiciary, DCS, SAPS etc)

• Progress :

– Performance measuring tool developed – balanced scorecard to be communicated and implemented at the courts

– The 2 monthly returns being administered– Access and SQL server data base have been developed at national level (for data storage)– JMIS developed to provide for standard court performance reporting and business

intelligence (data mining and drilling)

• National Operating Centre (NOC) and CNC are mandated to manage Departmental Information – – CNC mandate – Criminal, Civil and Family case– NOC – All other departmental strategic and operational support information– Interface with NOC - CNC is a data node of the NOC - feeds information to the NOC

Page 21: Select Committee on Security and Constitutional Affairs

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Challenges:Monitoring Court Performance: National Role

– Gathering/collection of statistics from courts as per monthly returns, e-scheduler & other sources – Interface with Judicial & prosecutorial court information (MC15 and NPS data)– Central monitoring of the e-scheduler operations– Cleaning of received data and identify variables needed for measuring court performance– Analyze and interpret data– Draw conclusions from analyzed data– Recommendations based on analyzed data– Reporting/feedback to support management decisions– Develop court information management strategies

Currently the courts, regions and national office do not have appropriate capacity ito human resources, information management culture, skills and competencies to properly collate and analyze court statistics to show court performance.

Managing Court Performance: Regional & Area/Court Management Role

– Court to compile/prepare statistics by ;• Keeping & updating registers as per prescripts and identified court information needs• Compile/prepare statistics from

– monthly returns ito Circulars from registers, or– e-scheduler where applicable– Other sources

• Analyze and interpret data• submit consolidated reports to area court level

– Area consolidate data from courts • analyze and interpret courts reports/data• compile area report• submit area report to regional office, Court Operations Director

– Region consolidate area court reports – analyze and interpret area reports/data– submit regional report to N/O and/or Court Performance

Page 22: Select Committee on Security and Constitutional Affairs

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Court A

Area 1

Region

Court A

Court A

Court A

Court A

Area 2

Court Nerve Centre

Court Services

INFORMATION FLOW

INFORMATION FLOW

Page 23: Select Committee on Security and Constitutional Affairs

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COURT PERFORMANCE• In general there has been a slight decline in court productivity, with slightly less hours sat, less cases finalised,

more cases outstanding.

• However, this should be viewed against a backdrop of the magistracy taking over case flow management (CFM), training still being implemented ito CFM, more accused involved in more counts per case, more legal aid representatives dealing with the cases – all factors impacting on court productivity.

• In addition, case cycle time has been improved. – For example, the finalisation rate achieved by the Regional Courts during 2006 indicates clearly an improved

performance. They have managed to finalise on average 2.7% more cases per month than in the previous year, with an increase of 8.9% during December 2006 – a month which is usually known for its low productivity.

– During an audit conducted on outstanding cases country-wide at the end of November 2006, it was determined that the cycle times of cases in the Regional Courts have been reduced from the previous year. The cycle time of cases from first appearance in the District Court to first appearance in the Regional Court comprises on average 5 months. From the date of first appearance in Regional Court to finalisation is on average another 11 months. A total cycle time of 16 months is therefore maintained nationally on Regional court cases. This is an improvement on the cycle time of 20 months that was recorded for Regional court cases in 2005.

– In the High Courts, it is clear that during 2006, 84% of cases had been finalised within three years of first appearance in the District Court compared to a mere 53% the previous year. The audit on outstanding cases conducted at the end of November 2006 indicated that the cycle times of all high court cases have shortened by 3 months. Although the cycle times according to outstanding cases amount to an average of 29 months from date of first District Court appearance, the cycle times on finalised cases are much shorter, because of cases that is being ‘fast-tracked’.

• It should also be noted that even with a general decline in the performance of the Courts; the courts have still managed to maintain high conviction rates which are an indication of the quality of prosecutions managed by the Lower Courts. The District Courts exceeded their target of 85% with 2% by maintaining an 87% conviction rate. The Regional Courts managed

Page 24: Select Committee on Security and Constitutional Affairs

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Court Performance cont.

• Alternative dispute resolution (ADR) as part of the CFM process, is impacting positively on court productivity and cycle times as more time is available to deal with trial matters.

• At the end of January 2007, a total of 37 225 cases have been diverted, compared to the total of 29 935 diversions during 2005/2006 away from the criminal justice system into suitable programs.

• By diverting cases, the incarceration of accused on trivial matters merely because they can’t afford to pay a fine, is also prevented.

Page 25: Select Committee on Security and Constitutional Affairs

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Court Statistics from April 2006 to end of March 2007

High Courts

– On average 833 courts sat for 689 court days; on average 3h20 minutes pd

– New trials: 2036; – New Section 52 matters (minimum sentences): 1396– Cases withdrawn: 102

– Trial Cases finalised: 1185 of which 1016 (86%) were guilty; 169 not guilty

– Section 52 matters (minimum sentences): Sentenced: 988 (90%); Acquitted: 109; Referred back: 54

– High Court Outstanding trials: 1214 (of which 888 are outstanding as trials; 326 outstanding Section 52); of which only 170 trial cases or 14% are outstanding for more than 12 months

Page 26: Select Committee on Security and Constitutional Affairs

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Court Statistics from April 2006 to end of March 2007 cont.

Lower Courts (district and regional courts combined)– On average 1493 courts sat pm; on average 4h00

minutes pd– 17 911 courts sat per annum for 230 866 court days (on

average 19 239 court days pm)– New trials: 1 055 971 (on average 87 998 pm)– Finalised cases: 375 436

• 284 030 (86%) Guilty• 47 150 Not guilty• 44 256 ADR (diversions)

– Cases removed 720354 (60 030 pm) (withdrawn: 304 366; Warrants 180 170)

– Cases finalised: 1185 of which 1016 (86%) were guilty; 169 not guilty

– Lower Court Outstanding trials: 191 371 (128 per court on average) of which 35 651 (19%) are longer than 6 months

Page 27: Select Committee on Security and Constitutional Affairs

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Court Statistics from April 2006 to end of March 2007 cont.

Lower Courts: Just Regional Courts• 5 485 courts sat pa for 58 690 court days (on average 4891

court days pm and average 457 courts sat pm)

• They sat on average 3h55 minutes

• New trials: 79 651 (on average 5923 pm)• Finalised cases: 37 141

– 26 648 (72%) Guilty– 10 181 Not guilty– 312 ADR (diversions)

• Cases removed 50 541 (4 212 pm) (withdrawn: 25 311; Warrants 11 598)

• Outstanding trials: 47 614 (128 per court on average) of which 20 094 (42%) longer than 6 months

Page 28: Select Committee on Security and Constitutional Affairs

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Cycle time

Regional court cycle times

Cycle Time of cases from First Cycle Time of cases from First Appearance in monthsAppearance in months

5 6 5

9

14

11

'04 '05 '06

1St App in DC to RC 1St App in RC to next App

Page 29: Select Committee on Security and Constitutional Affairs

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PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

Lower Courts: Court HoursLower Courts: Court Hours

04:30

04:45

04:00

04:12

04:02

04:08

03:57

04:02

RegionalCourts

District Courts

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

Page 30: Select Committee on Security and Constitutional Affairs

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PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

High Courts: Court HoursHigh Courts: Court Hours

04:00

03:32

03:20

03:18

High Courts

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

Page 31: Select Committee on Security and Constitutional Affairs

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PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

Lower Courts:Lower Courts: Conviction Rate

87% 87% 87%

70% 71% 72%

District Court Regional Court

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

Page 32: Select Committee on Security and Constitutional Affairs

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PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

High Courts:High Courts: Conviction Rate

86% 86%

89%

90%

Trial Cases Minimum Sentences

05/'06 06/'07

Page 33: Select Committee on Security and Constitutional Affairs

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PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

Lower Courts:Lower Courts: Outstanding Roll

207182

204051

209572

33783

33958

36322

04/'05

05/'06

06/'07

OUTSTANDING ROLL BACKLOG

Page 34: Select Committee on Security and Constitutional Affairs

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PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

High Courts:High Courts: Outstanding Roll

892

418

815

298153 166

Trial Cases Minimum Sentence Cases Backlog Cases

05/'06 06/'07

Page 35: Select Committee on Security and Constitutional Affairs

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Region Total numberHighCourtCases

RegionalCourtCases

DistrictCourtCases

CircuitCourtCases

KZN 314 32 205 72 5

Gauteng 640 69 484 86 1

Limpopo,MpumalangaNorth West

166 135 17 14

Northern CapeFree State 148 10 114 23 1

Western Cape 385 81 229 75

Eastern Cape 150 32 60 58

TOTAL 1803 224 1227 331 21

Customer ManagementCustomer ManagementATD’s Longer than 2 years:

Page 36: Select Committee on Security and Constitutional Affairs

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Factors impacting Finalisation Rate negativelyFactors impacting Finalisation Rate negatively::Reasons for Postponements

2%

3%

6%

6%

8%

8%

10%

14%

21%

Crowded out/court time

Complainant

Accused

Bail Applications

Part-Heard

Request of Defense/Legal Aid

Legal Aid

Investigation

Trial

2004 2005 2006

Page 37: Select Committee on Security and Constitutional Affairs

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Current Backlog Project

Strategic Project Objectives:

• To identify the worst backlog sites and achieve a reduction in all case backlogs at these project sites and other courts in general and also the appeal backlogs during 2007

• To ensure that the inflow of new cases are balanced by matters concluded. To have ensured greater court efficiency and effectiveness, including alternative methods of dealing with demand, across the greater IJS value chain.

• The project is being dealt with as part of the case flow management (CFM) processes through inter-sectoral engagement with critical role players including the NPA, Judiciary, Legal Aid Board (LAB) and SAPS

Page 38: Select Committee on Security and Constitutional Affairs

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BACLOG REDUCTION SITES• PRINCIPLES

– Additional regional courts to be set up with additional assistance from retired/ ex-magistrates / Additional prosecutors, legal aid representatives, court clerks, interpreters

– Set up local case review teams to screen cases and ensure trial ready court rolls

– Set up reception courts where possible– Use unutilised accommodation optimally – Deal with trial ready backlogs, not new cases– Work on a continuous roll and LIMIT partly-heards– Limit withdrawals– Monitor stats, consider interventions

Case Flow Management to be implemented nationally and efficiency enhanced

Improved screening of all cases by NPA nationally

Page 39: Select Committee on Security and Constitutional Affairs

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BACKLOG REDUCTION SITES

– It was decided that the INITIAL FOCUS in terms of backlog reduction would be the following 5 (five) regional court top backlog hotspot sites and interventions started there on 1 November 2006:

• Pietermaritzburg Regional Courts in KZN (76% Backlog cases) • Port Elizabeth Regional Courts in Eastern Cape (61% Backlog

cases) • Pretoria Regional Courts in Gauteng (58% Backlog cases) • Bellville Cluster in Western Cape (Regional Courts of both

Bellville (39%) and Kuilsriver (53%) to be dealt with at Kuilsriver) • Protea Regional Courts in Gauteng (60% Backlog cases) – In view

of accommodation constraints this site dealt with the backlogs through Saturday court sessions until 17 February 2007. A full time additional regional court is now dealing with those backlogs at Lenasia with effect from 1 March 2007.

Page 40: Select Committee on Security and Constitutional Affairs

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NEXT BACKLOG REDUCTION SITES

• 9 Additional courts to these 5 sites that have since come into operation (mostly from March 2007) after having been identified on statistics and on request from the Regional Court Presidents in terms of backlog hotspot areas in December 2006 and January 2007, are the following:

• 1 additional court at Bellville (dealing with commercial crime backlogs)

• 1 additional court at Paarl, but sitting at Somerset West in view of accommodation challenges at Paarl

• 1 additional court at Khayalitsha

• 1 additional court at Atlantis

• 1 additional court at Durban dealing with commercial crime backlogs

• 1 additional court at Port Shepstone, but sitting at Ezingolweni in view of accommodation challenges at Port Shepstone (it is envisaged that the additional court will from April rotate between Ezingolweni and Tuton (2 weeks each per month in order to deal with access to justice for the witnesses in an improved manner)

• 1 additional court at Kokstad

• 1 additional court at Middelburg

• There are thus currently 20 additional courts in operation on the backlog project.

Page 41: Select Committee on Security and Constitutional Affairs

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OVERVIEW OF PROGRESS BACKLOG COURT PROJECT: NOVEMBER 2006 - 5 APR 2007

CASES

FINALISED with verdict

CONVICTION RATE

PART HEARD

MATTERS end of March only

WARRANT WITHDRAWN TRANSFERRED TOTAL DISPOSED

AVE CRT

HOURS

PROTEA 63 CRTS over 10 SAT

107 91% 4 2 0 109 4:54

BELLVILLE 2 CRTS @ BLUE DOWNS

108 80% 11 71 181 35 289 3:36

BELLVILLE SCCU 1CRT 11 67% 14 1 5 1 16 02:58

PMB 3 CRTS 119 75% 0 5 41 7 160 3:02

PTA 2 CRTS 76 84% 24 65 82 0 158 3:18

PTA N 1 CRTS 54 97% 12 1 11 0 65 3:50

PE 2 CRTS 91 67% 16 16 27 0 118 3:21

PAARL @ SOMERSET WEST 1 CRT

22 91% 9 1 14 0 36 02:01

KHAYELITSHA 1 CRT 12 75% 0 6 5 0 17 02:54

ATLANTIS 1 CRT 26 77% 7 6 6 4 32 03:52

DURBAN SCCU 1 CRT 31 100% 0 3 4 4 35 02:58

EZINGOLWENI 1 CRT 14 93% 0 3 22 1 36 02:35

KOKSTAD 1 CRT 16 88% 0 0 13 0 29 03:19

MIDDELBURG 1 CRT 10 50% 9 2 9 0 19 03:31

TOTAL: 19 Crts

697 77% 102 184 422 52 1119 3:26

Page 42: Select Committee on Security and Constitutional Affairs

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Findings

o Result: courts sit low hours; too many partly-heard matters; many withdrawals, lack of sufficient numbers of cases finalised

o Remedy: o High level visits to all court sites and in-depth

discussions with role-players to improve functioning and rectify shortcomings;

o Establishment/ re-establishment of local case review teams and reception courts; all role players to re-commit to project goals

o Result: The situation at the various sites are starting to improve as the number of cases being finalised is increasing; there are less partly heard matters; withdrawals are addressed; and the conviction rates are improving.

– Additional legal aid representatives is a key success factor

Page 43: Select Committee on Security and Constitutional Affairs

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Other Initiatives

– In addition to continuing with the various backlog sites, the following initiatives identified as part of the original backlog project scope are continuously being promoted country-wide at all courts:

• Provincial Development Committees and CFM Committees to monitor backlog and assist with the backlog projects

• Fast-tracking the execution of warrants of arrest. • Improving witness preparation and getting them to court. In

this regard witness fees is a challenge as witnesses are not willing to come to court for the current prescribed witness fees per day. This is receiving attention.

• Fast-tracking DSD reports. • Fast-tracking forensic analysis.• Identifying training needs for prosecutors, the judiciary and

training court managers and admin staff on court operations management.

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Appeal backlog cont.

Pretoria High Court Special appeal court session statistics from 26 March 2007 to 16 April 2007 indicate the following:– Appeals enrolled 26 March – 16 April : 103– Appeals finalized 26 March – 16 April : 95– Appeals postponed 26 March – 16 April : 8

The 95 Finalized Appeals Involved 107 Appellants and of the 95 Appeals Finalized -

• 71 appeals failed or succeeded only partially• 18 appeals succeeded• 2 appeals were struck off the roll• 2 appeals were withdrawn• 2 judgements were reserved (and had not been given yet)

– 227 more appeals have been set down as yet until 2 July.

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ACHIEVEMENTS cont.• VULNERABLE GROUPS

SEXUAL OFFENCES

– Preliminary investigation into the modalities of the function of intermediary had been made and draft policy framework with recommendation prepared on how best the intermediary functions can be best managed;

– Reconvening of the intersectorial costing teams had began in order to finalized the costing of the Sexual Offences Bill

VICTIM SUPPORT

- Investigation on the integration / embedding of Restorative Justice principles in the criminal justice system and development of a policy / programme to guide the integration and implementation at a National level and to drive this a task team has been formed and fact finding initiatives have began such as attending Restorative Justice scoping session led by NPA Serurubele

- Alignment of Victim Empowerment Policy and the Service Charter and other victim support / empowerment initiatives stemming from National Crime Prevention Strategy and in this regard bilateral held with Social Development which has come up with recommendations for DevComm of how alignment can be attained

- Development of the complaint management / feedback mechanism and victim tracking system has began

- To facilitate the referral of victims of crime to victim support services such as counselling, shelters etc over R500 000.00 has been spend procuring National Directory for Service to Victims of Crime, which directory will be distributed to front line court staff to enable them to refer victims to these services

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ACHIEVEMENTS cont.SMALL CLAIMS COURTS– A Small Claims Court project to drive the process of re-engineering the Small Claims

Courts has been established and structure in place– Audit with respect to the 154 Small Claims Courts has been undertaken the results of which

are being used to develop baseline data which will be automated for ensuring the management of functioning of Small Claims Courts as well as sustaining / reviving the none functional ones

– Roll out plan for the 106 Small Claims courts is being implemented and to date 8 Small Claims courts are in process of establishment and a workshop to be held on 22 June 2007 with all Regional heads and Area court managers on the roll out

– Bilateral with Legislation unit held on provisions in the Small Claims Act requiring amendment to enable increased access to courts and transform them. Legislative unit has assigned a director to do the investigations

– A step by step poster on procedure to institute a claim in the Small Claims Courts has been developed and is being distributed to the Regions and the poster is being translated in all the official languages

– For improved assessing of impact of the Small Claims Courts to vulnerable groups the template for collecting statistics has been amended to enable us to determine who accesses the courts in terms of race, gender, age group, rural / urban, economic position of complainant, types of cases and turn around time with respect to finalization of cases

– Database of all Commissioners and Advisory Board has been developed to enable function of courts

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Equality Courts

• Draft policy framework has been developed to guide the Department in implementing the Act and achieve the objectives of the Act

• Equality Act has been translated into further five languages (Ndebele, Tswana, Afrikaans, Sesotho, Tshivenda) the remaining three languages to be finalized end May 2007

• Section 16 of the Equality Act has been complied with in that the Department has a comprehensive database of all Magistrates and Judges who have been trained and appointed as presiding officers of the Equality Courts. A database with respect to clerks is being finalised

• Monthly meetings are being held with Chapter Nine institutions to address issues of coordination of training, public awareness, monitoring, and development monitoring tool for the Equality courts

• Service providers have been identified to undertake an audit of the functioning of 220 equality courts, audit to include looking at whether courts comply with Act ito infrastructure, accommodation, facilities for the disabled (ramps), trained officials, availability of assessors, interpreters, trained clerks and Magistrates;

• Norm and standards for Magistrates and clerks are being developed• Bilateral with Justice College has taken place on the conducting of refresher training and training the

newly appointed clerks (139 clerks have and are in the process of being appointed)• Process with respect to designation of the remaining courts has began with identification of Magisterial

Districts where the Equality Courts will be established• For improve assessing of the impact of Equality courts to vulnerable groups the template for the

collecting of statistics has been amended to enable us to determine who access the courts ito race, gender age group, types of case

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FAMILY COURTS

• Family Courts

– Intensified programmes to set up Family Courts by capacitating the courts with Human Resources; – Facilitated the development of the Family law Learnership (100 learners) – Developed guidelines for Domestic Violence cases– Appointed legally qualified personnel to assist the court user, more especially in the area of Maintenance: 87

(with LLB-degrees) and others =155 Maintenance Officers and assisted with the appointment of extra Administrative Clerks for Family Law sections, which brings the total to 569 Family Law Clerks;

– 171 Maintenance Investigators Appointed for Tracing of Defaulters;– Training: clerks of the courts in the family law streams have received training, in all nine Provinces– Facilitated the development of an automated management system for family law services, which will assist in

standardising workflows, unblock administrative workflows, improve turnaround times and assist monitoring and evaluation family law service

• Achievements for the Family Courts from March- May 2007:– Assessment of the original five (5) in progress– Identification of service providers to render mediation training has began which will be piloted in Gauteng

• Restorative Justice:– During 2006/07, facilitated non-custodial sentencing sessions for lower court judiciary, including regional

court magistrates, in 9 Provinces as well as the incorporation into Justice College of training in this regard. The Regional Magistrates’ Workshops resulted in a bench book for Magistrates.

– During January 2007, a strategy was developed for Restorative Justice for Vulnerable Persons and submitted to the JCPS Development Committee. A Restorative Justice Task Team was established to interrogate how the JCPS Cluster will draft policy and develop and implement aligned Restorative Justice programs. We have started an audit of Programmes and held meetings with service providers to start the development of programmes for Non-custodial Sanctions. Consultations will be held with broader role players and civil society.

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OPERATION ISONDLO:

Maintenance:

• Developed implementation plan to facilitate successful implementation of Operation Isondlo; updated the Isondlo statistical template for information management, and 83 legal interns appointed to assist at court level; Maintenance complaints referred to Regional Heads; training for 68 newly appointed legally qualified Maintenance Officers facilitated

MAINTENANCE PAYOUTS:

• Efforts by DOJCD officials with the co-operation of Judiciary and Prosecution has resulted in the pay out of unclaimed monies to beneficiaries countrywide as follows:

• Province Amount• Eastern Cape R 491 811-00• Free State R 470 000-00• Gauteng R 669 000-00• KZN R 800 000-00• Limpopo R 800 000-00• Mpumalanga R 683 721-00• Northern Cape R 35 000-00• North West R 428 956-00• Western Cape R 757 821-00• TOTAL R 4 969 488-00

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TRACING PROJECT

• The appointment of tracing agents and Maintenance Investigators have also alleviated tremendously the burden and responsibility that beneficiaries had to supply information on defaulters for them to be traced.

• Defaulters are now traced by tracing agents and Maintenance Investigators with the information that is available from the DOJCD.

• Tracing agents are also tracing beneficiaries with unclaimed monies at courts in the Provinces and numbers are as follows for January to February 2007:

» Beneficiaries traced: 435» Defaulters traced: 430» Total traced: 865

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Operation Isondlo

• Operation Isondlo is about the improvement of the functioning of the maintenance system by putting systems in place that will enable the Maintenance system to operate effectively and efficiently

• Objectives are to decrease backlog of maintenance cases; ensure enforcement of Maintenance provisions; build capacity in courts; build positive relationships with communities and stakeholders; and family regeneration

• To have greater impact and due to resource constraints, 22 courts were chosen in the provinces for implementation of Operation Isondlo.

• Some achievements flowing from Operation Isondlo from the provinces are indicated below.

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Some successes of Operation Isondlo

• Gauteng:

R95 400.00 was successfully recovered for one beneficiary. Of importance in this case, is that the civil provisions of the Maintenance Act, 1998, that are in many instances not used by some courts, were used here successfully.

Western Cape: As at end February 2007, the Western Cape had 2796 beneficiaries of unclaimed monies (with an approximate

monetary value of R1,150,594.80). Approximately 1482 beneficiaries for unclaimed monies were traced and an amount of R629,007.08 was paid out to these beneficiaries.

• Limpopo:

An attachment order for two new vehicles to the value of R125 000 and R75 000 respectively belonging to a Respondent who resigned to evade paying maintenance was successfully obtained from court.

• KwaZulu-Natal:

The province used an official from the department assisted by investigators to trace beneficiaries and the following are the achievements (the figures do not include work done by the tracers employed by the department):

– 1525 beneficiaries were traced and an amount of R1 648 109,80 Through the Maintenance Investigators the following amounts were paid out from pension and gratuity of retired,

resigned etc defaulters.

Attachment of Gratuity/Pension: R2,554,447-67 Civil Executions: R125,537-90 Attachment of Debt: R80,035,00

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Operation Isondlo continued:

In most provinces outreach programmes were initiated such as:

KwaZulu-Natal

Outreach Programmes

– Operation Isondlo Imbizo’s were held at:KwaMashu, Phoenix and Wentworth – March 2006Operation Isondlo Bus Campaign – March 2006Osizweni Sports Ground                    - 04 April 2006       Emlazi Magistrate’s Office - 09 June 2006Pietermaritzburg Royal Show grounds – 22 August 2006Nongoma Magistrate’s Office - 30 November 2006Utrecht - 09 December 2006

– Open Court Days were held at:Verulam, Durban, Emzumbe, Vulamehlo, Empangeni, Dannhauser, Ladysmith, Dukuza and Nqutu

Hospital.

– Stakeholder Management Maintenance Gala Dinner

• A Gala Dinner was held on 15 November 2006 where representatives from the Legal Fraternity, Judiciary, Prosecution, Chapter 9 Institution, Religious bodies, Business and justice managers were invited where they were briefed about the objectives of Operation Isondlo and their roles in the whole system of child support.

– Maintenance Indaba • An Operation Isondlo Maintenance Indaba was held from 16 -17 November 2006 bringing together all practitioners involved in

the Maintenance System to find means of improving system and processes in the sector.

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Operation Isondlo continued:

KwaZulu-Natal

Stakeholder Management

Maintenance Gala Dinner• A Gala Dinner was held on 15 November 2006 where representatives from the Legal Fraternity,

Judiciary, Prosecution, Chapter 9 Institution, Religious bodies, Business and justice managers were invited where they were briefed about the objectives of Operation Isondlo and their roles in the whole system of child support.

• Maintenance Indaba An Operation Isondlo Maintenance Indaba was held from 16 -17 November 2006 bringing together

all practitioners involved in the Maintenance System to find means of improving system and processes in the sector.

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ACHIEVEMENTS cont.Children’s Courts:– During 2007/08, the Court Services Branch is supporting the Legislation

Development Branch in the drafting of regulations for the Children’s Courts Chapter of the Children’s Act, 2005 (Act No 38 of 2005); and is planning the an update of the phased-in implementation plan for Children’s Courts; convening consultative Workshops with the various constituents, such as the Judiciary; the Legal Aid Board; the Regional Heads of the DoJCD and the Children’s Court Clerks; and consulting Justice College and the Judiciary regarding the drafting of the Children’s Court regulations and Guidelines for the Magistrates and Children’s Court Clerks.

– Inputs are also being made on the Foster Care Strategy for Children and the National Policy Framework for Children’s Courts is in progress.

Children in conflict with law: – Continued with monitoring of children in conflict with the law at meetings on

National (ISCCJ) and provincial level; Inter-sectoral ISCCJ Action Plan to remove children from Correctional Facilities (prisons) and police cells in place; Interim Protocol on Management of Children Awaiting Trial workshopped with Regional Heads and Provincial Child Justice Fora;

– Policy Framework for National, provincial and local Child Justice Monitoring and fast-tracking of children awaiting trial, in place and 9 provinces visited for strengthening/ establishment of Provincial Child Justice Fora.

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Mandate of National and Provincial Child Justice Fora

JCPS Cluster

National Development Committee

ProvincialDevelopment

Committee

National Inter-sectoral ChildJustice Committee

Provincial Child Justice Forum

Office on the Rights of the Child,

Presidency

Government Programme Of Action

Provincial Office on the Rights of the

Child, Premier’s Office

Children Awaiting Trial

Task Team

Child Justice Information

Management Task Team

Local Case ReviewTask Team under Chair of

Snr Public Prosecutor

Local Child Justice Forum under Chair of Court Manager

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Child Justice continued:

• CHILD JUSTICE:

– Inter-Sectoral Committee on Child Justice:– Strategy on Child Justice:

• A comprehensive strategy to address Child Justice is being developed. A round table discussion will be convened during the 3rd quarter of 2007. This strategy will:

» Consider programmes for preventing children from entering the criminal justice system; » Address recidivism;» Ensure services of the criminal justice system are holistic and child-friendly; » Develop a system for non-custodial sanctions; » Address the system of children awaiting trial; and » Develop benchmarks to measure progress of the Inter-Sectoral Child Justice Steering

Committee amongst others

• Child Justice Information Management Task Team:• The CJIMTT chaired by the IJS, has been tasked with the development of an Integrated National Database

on Children in Conflict with the Law;• In the meantime, an embargo has been placed on the release of all statistics of children in conflict with the

law, except as it relates to Government Departments prioritising and fast-tracking cases of Children Awaiting Trial in detention. It was resolved that an embargo be placed on all statistics regarding children in conflict with the law until the establishment of a proper Child Justice Information Management System for purposes of tracking and monitoring the movement of children awaiting trial.

• However, inter-departmental circulation of the necessary name lists of children awaiting trial will continue in the interests of fast-tracking such matters. This list would be available for both the national and provincial ISCCJ.

• The ISCCJ, after several meetings, will start to populate the Child Justice Information Management template during the latter part of 2007, where-after monthly and quarterly statistical reports will be able to be submitted to the Cluster.

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Child Justice, continued:

• Reducing case cycle times of cases involving children:– The ISCCJ has agreed-upon and communicated case turn-around times

of 3 - 6 months for all cases involving children in District Courts accused of less serious crimes; and proposed case turn-around times of 6 – 9 months for children’s more serious cases in Regional Courts; and 9 – 12 months for the most serious cases in the High Courts. The last-mentioned is still under discussion with the Judiciary, NPA and Legal Aid Board.

– Approximately 27% of children await trial in detention at correctional facilities for more than 3 months, but the focused attention regarding these issues, has resulted in the numbers of such children decreasing from 30% of all children awaiting trial in detention in December 2006 to 27% in May 2007.

– The Children Awaiting Trial Task Team has been established and reasons for cases taking longer than 3 - 6 months being finalized are being taken up and received from the NPA, Legal Aid Board and Regional Heads of the Department of Justice and Constitutional Development.

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Child Justice continued:

– Children Awaiting Trial Task Team chaired by the Office of the Inspecting Judge of Prisons, the Hon Judge N Erasmus:

• In an attempt to address the numbers of children awaiting trial, this task team will meet regularly to track children and ensure that they spend the least amount of time awaiting trial. This task team hopes to also develop a system of collating a more current system of children in detention.

• From the statistics indicated in the figures and graphs attached to this narrative as “numbers of children awaiting trial in detention (correctional facilities)” , there were 1176 children awaiting trial in correctional facilities (prisons) on 4 May 2007, which is a slight decrease from 1174 children on 4 April 2007.

• However, when one looks at the comparative statistics as against a year ago, the numbers of children awaiting trial have decreased by 20% during the last year, including new child detainees.

• The numbers of Children Awaiting Trial for longer than 90 days (3 months) have increased slightly from 308 on 4 April 2007 to 322 on  4 May 2007, but during the past year, has decreased from a total of 30% of children awaiting trial in detention, to 27% of children awaiting trial in detention.

• Reasons for children awaiting trial for longer than 3 months (90 days); children younger than 15 years of age awaiting trial; and children awaiting trial in detention for less serious offences, are regularly requested from the NPA, Legal Aid Board and Regional Heads of the DoJCD as Chairs of the Provincial Child Justice Fora.

• The Children Awaiting Trial Task Team has started visits to the 9 Provincial Child Justice Fora, in order to support the work of the inter-sectoral committees in prioritising and fast-tracking cases of Children Awaiting Trial, especially in detention.

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Child Justice, continued:

• Provincial Child Justice Fora:• Provincial Task Teams:

– There are currently eight provincial task teams convened by the Regional Heads of the DoJ&CD in at least eight of the nine provinces. In the 9th province, the work of the Provincial Child Justice Forum is done by the Judicial Provincial Co-ordinating Committee chaired by the Judiciary, of which the Regional Head: Free State is a member.

– A strategy has been put in place to improve monitoring and analysis of child justice matters countrywide.

– Some challenges have been identified by the Provincial Child Justice Fora, which will also be addressed during the planned Provincial visits to the 9 Provincial Child Justice Fora during May to December 2007, in order to inter alia develop supporting mechanisms for Provincial Child Justice Fora and promote the establishment of local Case Review Task Teams/ child justice fora as a best practice model.

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Children Awaiting Trial (uncertified statistics received from the Department of Correctional Services)

PROVINCE

31-Jan-07 28-Feb-07 14-Mar-07

4-Apr-07 4-May-07

Children awaiti

ng trial

longer than 90 days (3 months)

Children awaiting trial

longer than 90 days

(3 months)

Children awaiting trial

longer than 90 days

(3 months)

Children awaiting trial

longer than 90 days

(3 months)

Children awaiting trial

longer than 90 days

(3 months)

Western Cape 185 51 180 45

193 47

248 54 220 52

Northern Cape/ Free State 133 43 139 37

139 34

133 31 146 44

Limpopo/ Mpumalanga/ North-West 37 10 47 15

43 9

51 12 44 14

KwaZulu-Natal 310 90 266 82

258 82

303 86 310 81

Gauteng 192 57 183 51

201 58

184 64 185 68

Eastern Cape 232 62 266 57

257 54

255 61 271 63

TOTAL 1089 313 1081 2871091 284

1174 308 1176 322

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Comparative graphs: Children Awaiting Trial in Correctional Facilities

0

200

400

600

800

1000

1200

1400

Chi

ldre

naw

aitin

gtri

allo

nger

than

90

days

(3C

hild

ren

awai

ting

trial

long

erth

an 9

0da

ys (3

Chi

ldre

naw

aitin

gtri

allo

nger

than

90

days

(3C

hild

ren

awai

ting

trial

long

erth

an 9

0da

ys (3

Chi

ldre

naw

aitin

gtri

allo

nger

than

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(3

31-Jan-07 28-Feb-07 14-Mar-07 4-Apr-07 4-May-07

Western Cape

Northern Cape/ Free State

Limpopo/ Mpumalanga/ North-West

KwaZulu-Natal

Gauteng

Eastern Cape

TOTAL

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Child Justice Bill No B49 of 2002:

• The Child Justice Bill No B49 of 2002 and updated implementation plan and costing:

• At present, we have the implementation plan and costing based on the last official draft Child Justice Bill.

• The Government Department members of the ISCCJ, were requested by the JCPS Cluster to update the existing implementation plans and costing for the Child Justice Bill;

• The matter is receiving priority attention and a report and recommendations will be submitted to the JCPS Cluster shortly.

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Court Services

2007 MTEF Budget Allocations

Budget Management

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2006/07 2007/08 2008/09 2009/10

BUDGET - - - -

Current payments - - - -

Compensation of employ ees 1,237,963,000 1,369,218,000 1,554,619,000 1,751,342,040

Goods and serv ices 1,030,607,000 1,298,320,000 1,415,418,000 1,600,625,000

Total current payments 2,268,570,000 2,667,538,000 2,970,037,000 3,351,967,040

Transfers and subsidies to: - - - -

Current transfers - - - -

Prov inces and municipalities 1,213,000 - - -

Households - 7,988,000 8,487,000 9,034,000

Total Transfers and Subsidies 1,213,000 7,988,000 8,487,000 9,034,000

Payments for capital assets - - - -

Buildings and other fix ed structures 287,934,000 333,622,000 368,303,000 422,000,000

Machinery and equipment 83,838,000 48,866,000 56,341,000 55,501,000

Cultiv ated assets - - - -

Softw are and other intangible assets 275,000 100,000 125,000 150,000

Land and subsoil assets - - - -

Total payments for capital assets 372,047,000 382,588,000 424,769,000 477,651,000

2,641,830,000 3,058,114,000 3,403,293,000 3,838,652,040

MTEF Budget Allocations:Per Economic Classification

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Court Services 2006/07 2007/08 2008/09 2009/10

Constitutional Court 28,350,000 46,267,000 49,968,000 55,465,000

Judicial Services Commision 1,132,000 1,189,000 1,257,000 1,414,000

Supreme Court of Appeal 14,099,000 15,942,000 17,242,000 18,232,000

High Courts 155,522,000 175,482,000 189,687,000 200,535,000

Specialised Courts 20,701,000 20,577,000 22,221,000 23,491,000

Lower Courts 1,558,358,000 1,625,258,000 1,859,360,000 2,136,659,040

Family Advocate 56,780,000 72,309,000 78,210,000 83,185,000

Magistrate's Commission 5,334,000 6,948,000 7,372,000 7,852,000

Government Motor Transport 28,863,000 30,306,000 31,821,000 34,366,000

Facilities Management 268,134,000 466,902,000 508,703,000 569,350,000

Property Management 309,782,000 344,942,000 369,372,000 424,281,000

Administration of Courts 194,775,000 251,992,000 268,080,000 283,822,000

TOTAL 2,641,830,000 3,058,114,000 3,403,293,000 3,838,652,040

MTEF Budget Allocations:Sub Programme Division

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MTEF Budget Allocations:Regional Budget Division

Court Services 2006/07 2007/08 2008/09 2009/10KWAZULU NATAL 260,104,000 294,107,000 323,098,000 334,989,000

EASTERN CAPE 282,485,000 299,126,000 323,444,000 342,242,000

GAUTENG 317,208,000 349,781,000 377,967,000 399,866,000

MPUMALANGA 98,883,000 108,844,000 117,470,000 124,268,000

LIMPOPO 160,890,000 171,265,000 184,053,000 194,701,000

WESTERN CAPE 162,712,000 212,381,000 229,685,000 242,666,000

FREESTATE 135,764,000 155,972,000 165,184,000 174,540,000

NORTHERN CAPE 60,036,000 70,695,000 75,399,000 79,099,000

NORTH WEST 121,064,000 137,454,000 146,396,000 154,833,000

NATIONAL OFFICE 1,042,684,000 1,258,489,000 1,460,597,000 1,791,448,040

TOTAL 2,641,830,000 3,058,114,000 3,403,293,000 3,838,652,040

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MTEF Allocations: Key Observations

• Expenditure is expected to continue to rise rapidly, at an average annual rate of 10,7 per cent between 2006/07 and 2009/10, from R2,7billion to R3,5 billion. This increase will provide for the departmental projects to reduce the criminal case backlogs, integrated case flow management rehabilitation and day-to-day maintenance of court buildings and management capacity at court level.

• Over the MTEF, expenditure on the Lower Courts subprogramme, which accounts, on average, for 66 per cent of this programme’s budget, increase from R1,9 billion in 2005/06 to R2,5 billion in 2009/10, an average annual rate of 8,2 per cent.

• The growth in the budget allocation of the Family advocate over the MTEF period is earmarked for the appointment of additional family advocates and family counsellors.

• The increase in expenditure on the Capital Works subprogramme, from R268,1 million in 2006/07 to R569,3 million in 2008/09 at an annual average growth rate of 28,3 is to fund the building of new courts and the rehabilitation of existing court infrastructure.

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Major Project Funding Earmarked: National Treasury Allocations

Project Funding 2007/08 2008/09 2009/10

Available Project Funding 128,415,000 241,079,000 429,150,040 - - -

Transformation 19,700,000 52,300,000 59,410,000 Alternative Dispute Resolution Mechanisms 5,000,000 10,000,000 12,000,000 Women in Justice Education, Victim Charter, etc 2,600,000 15,100,000 16,610,000 Transformation of the Judiciary 5,000,000 15,000,000 16,500,000 Review of the Criminal and Civil Justice System 5,000,000 10,000,000 12,000,000 Redemarcation of Magisterial Districts 2,100,000 2,200,000 2,300,000

Human Resource capacity 17,115,000 42,779,000 189,540,040 Court Personnel (New High Courts) 5,300,000 5,600,000 5,900,000 Court Managers Development 2,500,000 2,600,000 2,700,000 General Capacity 9,315,000 34,579,000 180,940,040

Vulnerable groups 33,800,000 39,400,000 48,800,000 Family Courts 1,200,000 1,300,000 1,400,000 Maintenance 2,900,000 3,000,000 6,500,000 Equality Courts 7,100,000 7,500,000 8,200,000 Sexual Offences 2,100,000 2,200,000 2,300,000 Domestic Violence 1,100,000 1,200,000 1,300,000 Victim support 10,100,000 10,700,000 11,300,000 Small Claims Court 900,000 1,000,000 1,200,000 Implementation of Children Bill 7,000,000 11,000,000 15,000,000 Child Justice 1,400,000 1,500,000 1,600,000

Case flow management and reducing backlogs 57,800,000 106,600,000 131,400,000 Integrated Case flow management 57,800,000 106,600,000 131,400,000

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Property and Facilities Management Allocations

2006/07 2007/08 2008/09 2009/10Property Management 309,782,000 344,942,000 369,372,000 424,281,000 Of WhichAccommodation Charges 107,193,000 125,630,000 134,212,000 165,605,000 Leases 114,892,000 124,138,000 133,994,000 147,393,000 Municipal Services 87,697,000 95,174,000 101,166,000 111,283,000 Facilities Management 268,134,000 466,902,000 508,703,000 569,350,000 Of WhichCapital Works 268,134,000 333,622,000 368,303,000 422,000,000 Day To Day Maintenance 22,000,000 23,100,000 24,200,000 Rehabilitation 71,000,000 75,000,000 78,750,000 Upgrading of Infrastructure 40,280,000 42,300,000 44,400,000 Administration of Courts 45,912,000 51,537,000 55,612,000 58,740,000

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BRANCH COURT SERVICES 2007 ACTION PLAN : ALIGNED TO THE DOJCD MTSF

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Strategic Objective Deliverables Activities for 2007Strategic Goal 1:-

Access to Justice

Strategic Objective 1:

Bringing justice services closer to all with emphasis on rural areas

New court facilities

Major Additions to existing courts

Maintained Justice Facilities

•Construction of new facilities / new Courts and major additions

•Acquisition of sites for new Courts

•Planning for the construction of new court and major additions to existing courts

•Maintenance of existing courts

•Continue to provide secured facilities that meets requirements

•Develop a departmental Costed Maintenance Plan•Develop a detailed User Asset Management Plan and implement accordingly

Provision of justice service delivery point in areas of need

•Secure accommodation and infrastructure for identified satellite offices.•Provide space as and when required in the form of mobile units or leased accommodation.•18 Mobile Units ordered and to be delivered before 31 March 2007

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Strategic Objective Deliverables Activities for 2007

Redemarcation of magisterial boundaries

Liaise with ODG re planning and discussions with Municipal Demarcation Board;

Conduct needs assessment for infrastructure resulting from the re-demarcation process

Small claims courts devolved and national roll out of 106 Small Claims Courts

National and provincial task teams to improve service delivery in Small Claims courts

Transformation of the Small Claims Courts

•Develop and facilitate the implementation on a national plan to accelerate the establishment of 106 Small Claims Courts in the Regions - especially in the rural areas

•Facilitate the setting up and strengthening of provincial and national task teams to monitor the establishment and functioning of the Small Claims courts

• Investigation and research to facilitate the amendment and / updating of the Small Claims Act and its regulation; to mainstream Small Claims Court services

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Lay assessors Finalisation of draft regulations and policy

2010 Soccer event Continue with planning in this regard and regular interaction re court processes between NPA/ SAPS / LAB

Strategic Objective 2:

Facility management

Well Maintained Court Facilities

•Continue with the RAMP•Develop a departmental Costed Maintenance Plan•Develop a detailed User Asset Management Plan and implement accordingly

Expansion of Family Advocate services throughout the provinces

•Establishment and maintaining of satellite/periodical offices in Worcester, Klerksdorp, Newcastle, Soweto, Vereeninging, Welkom, Rustenburg, Mitchells Plain, Khayelitsha, Lebowakgomo, Thohoyandou, Witbank and Barberton. (2 Satellite offices per province.)

Strategic Objective Deliverables Activities for 2007

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Strategic Objective Deliverables Activities for 2007

Provide leased accommodation for use as Service Delivery points

•Compile needs analysis for accommodation of Family Advocate’s new service delivery points•Provide accommodation in leased property and manage the lease agreements accordingly•Compile needs analysis for accommodation of Family Advocates, Masters Of the High Court, the State Attorney and other DOJ agencies

Strategic Objective 3:

Security health and safety

improvement

Secure workplaces and facilities meeting all

applicable regulations

•Install new Fire Fighting equipments in all Facilities and service all existing to comply with Regulations•Install perimeter fencing in identified sites•Install security lights in identified sites•Commission service providers to conduct an audit on air conditions in all courts to develop maintenance plans well as entering into maintenance contracts for the same.

Strategic Objective 4

Communicating Justice Services to all, especially to the youth, the poor and other vulnerable groups

Quality educational materials for effective outreach programmes

•Engagements with PEC on development and implementation of relevant, user friendly, contextual, promotional and educational material on aspects impacting on vulnerable groups eg Small Courts, Equality courts and sexual offences and family law

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Strategic Objective Deliverables Activities for 2007Strategic Objective 5

Educating the public on procedure to access justice services

Quality educational materials for effective out reach programmes

•Development of a mechanism to facilitate comprehensive communication services and procedures for victims of crime so as to access relevant services

Strategic Objective 7:

Providing services in all official languages

Meet needs for professional interpretation

•Develop a database accessible to all within

court services/ department.•Provision of pamphlets for the Family

Advocate and other court services aspects for court users in all official languages and Braille.

Strategic Objective 8:

Ensuring access to vulnerable

groups

Maintenance•Operation Isondlo

-reduced backlog

-economic empowerment

-information management system

-complaints management system

-co-ordination of services

•Tracing project •Facilitate discussions with private sector to ensure sustainability for beneficiaries •Facilitate the development of an information and complaints management system •Facilitate the establishment of provincial fora on maintenance

Support of Maintenance Investigators and provision of the necessary tools

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Strategic Objective

Deliverables Activities for 2007

Research/Transformation of the Maintenance System

•Conduct Comparative research of other international systems regarding formula based systems / and systems where there is a combination of inquisitorial (coupled with mediation and other Dispute Resolution Methods) and adversarial systems to promote amicable solutions and retain family integrity on separation •Facilitate research on the impact of Maintenance on poverty alleviation/reduction; on the determination of Quantum; and other related matters

•Facilitate establishment of Maintenance Investigators’ forum•Hold a National roundtable for Maintenance Investigators Conduct an audit of all maintenance forms•Facilitate the decentralization of ITC in the courts and training of investigators thereon.•Consult with experts / practioners in the field and facilitate the updating of the forms•Facilitate the amendment and updating of maintenance forms

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Strategic Goal 9:-Children

Children’s Act 2005 (Act No 38 of 2005) costed and implemented

Foster Care backlog reduced

Child Justice

Improved Service Delivery

Inter-sectoral protocol/ guidelines on the management of Children being Used by Adults to Commit Crimes (CUBAC)

Finalised Interim Protocol on Sentenced Learners (Children sentenced to Reform Schools)

Costed Bill B49 of 2002:

and implementation plan

• Facilitate the drafting of regulations for the Children’s Act

• Facilitate a strategy to reduce backlog • Develop a plan to enhance service delivery in

Children’s Courts;• Convene Children’s Courts Roundtable; develop

policy on Child Participat ion • Convene the Inter-Sectoral Committee on Child

Justice and through it -– Facilitate the development of an Information management

system – tracking of awaiting trial children– facilitate development of non-custodial sanctions– Facilitate Interim Practice Guidelines for the

Management of One Stop Child Justice Centres– Facilitate evaluation of pilot project in Mangaung– Facilitate launch of Nerina One Stop Child Justice Centre– Facilitate development of Minimum Standards for

transportation of Sentenced Children– Facilitate a Roundtable for Child Justice– Facilitate a strategy to attend to cases involving children

sentenced to life imprisonment– Facilitate the development of Inter-sectoral protocol/

guidelines on the management of Children being Used by Adults to Commit Crimes (CUBAC)

– Facilitate the finalisation of an Interim Protocol on Sentenced Learners (To Reform Schools)

• Facilitate updated implementation plans and costing for Child Justice Bill

Strategic Objective

Deliverables Activities for 2007

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Strategic Objective Deliverables Activities for 2007

Family courts Family Courts

Information management system for family courts

Facilitate the development of an information management system

User friendly and available forms Facilitate the amendment of Divorce forms

Facilitate the development of an information Brochure on Divorce

Improved service delivery Facilitate training for all levels of court personnel on family law

Facilitate implementation of the family law Learnership

Facilitate development of case law updates for Family law

Facilitate development of a Bench book on Divorce

Facilitate appointment of Divorce Court Presiding officers and acting additional Magistrates in the family law sections

Synergised integrated interventions Establish National intersectoral forum on Family Law to ensure effective coordination of Family Court matters

Transformation of family courts Facilitate research on different marital regimes in South Africa as they access the Courts

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Strategic Objective Deliverables Activities for 2007Extension of Family Advocates’ services to all lower courts to ensure compliance with the Judicial Matters Second Amendment Act 2005 and the Children’s Act of 2005.

Resourcing the CFA office to assist with the enforcement of the International Hague Convention on the Abduction of Children

Resourcing the Family Advocate’s role in the Children’s Act

The appointment of family law assistants and paralegals for every office of the Family Advocate and the appointment of senior family advocates at two satellite offices per province.

Implementation of the next phase of the BPI process in respect of administrative support and appointment of staff and resources in the CFA office to assist with the application of this legislation.

Strengthening provincial structures to render support to the Hague Convention.

Participating and initiating workshops nationally and with the SADEC countries regarding the Hague Convention. Conduct inter-sectoral meetings in this regard.

Develop an implementation plan and costing of the Family Advocates role in terms of the Children’s Act.

  Improved assistance to child victims via the allocation of intermediaries

Re-evaluate and costing intermediary services with a view to determining the location of, nature and extent of the service, then roll-out

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Strategic Objective Deliverables Activities for 2007

Strategic Goal 9:Children

Resourcing the Family Advocate’s role in the Children’s Act

Develop an implementation plan and costing of the Family Advocates role in terms of the Children’s Act.

Creating infrastructure and appoint staff to render support to the Children’s Act.

Provide training in terms of the Children’s Act.

Develop as part of the civil court jurisdiction for Regional Courts, Divorce/ Family courts aligned to the Framework document for court structures of ODG/Ministry

Strategic Goal 10:

The disabled and the elderly

(Equality)

Designation of the remaining 146 Equality courts

Promotion of Equality and prohibition of discriminatory practices

•Develop and facilitate the implementation on a national plan to accelerate the designation of the remaining Equality Courts in the Regions• Facilitate the setting up and / or strengthening of provincial and national task teams to monitor the designation and functioning of the Equality courts • Investigation and research to facilitate the amendment and / updating of the Promotion of Equality and Prevention of Unfair Discrimination Act and its regulation;

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Strategic Objective Deliverables Activities for 2007Increased Accessibility for people with Disability

Continue providing facilities for people with disability in identified courts (additional 20 courts targeted for the financial year( 07/08)

Strategic Objective 13:

ADR Mechanisms/ Restorative Justice

Trained and sensitized personnel in Child Justice Children’s Courts; and sensitized Magistrates.

Programmes for Non-custodial sanctions

Finalise policy re ADR / Traditional

justice and national action Plan re restorative justice in conjunction with ODG and Framework document for court structures

Visits re Indian / African models

Focus on researching and creating a model for mediation that is relevant to South African reality

Training of magistrates and other court role –players, including training for Family Advocate personnel on mediation

Reduction of court backlogs also through providing family mediation

services at all offices of the

family advocate/ chief

Family Advocate

Providing resources for training and

outsourcing of mediation services

Streamlining matters for mediation

Creation of Family Advocate’s posts in

accordance with BPI report

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Vulnerable Groups: Effective management of sexual offences and Domestic Violence

Implementation of the Sexual Offences Act and sustained and improved functioning of courts hearing sexual offences cases

Minimum standards and protocols for judiciary

National strategy and policy developed for domestic violence

Accessible, standardised and efficient management of DV for all relevant role players in the criminal justice system

Facilitate the development of information management system for sexual offences/domestic violence matters

Facilitate round table on expert witness testimony /forensic evidence

Facilitate the setting up / strengthening of provincial and national oversight committee to monitor the functioning of courts hearing sexual offences cases, provide support to guide strategy and facilitate the implementation of the Sexual Offences Act and matters connected thereto; •Development of guidelines and policy framework to facilitate the integration of sexual offences courts and intermediary services into the mainstream courts •Facilitate the finalisation and approval of guidelines for the judiciary

Strategic Objective Deliverables Activities for 2007

Implement victim support programmes for victims of crime

Implementation of the Service Charter for Victims of Crime

•Development and implementation of a national plan to strengthen and sustain the roll out of the implementation of the Service Charter•Development and facilitate the implementation of standards for the provision of victim support and referral services in court;•Facilitate the development and implementation of a uniform automated complaints management and automated system;•Promote linkages to Restorative Justice

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Strategic Objective Deliverables Activities for 2007

Strategic Goal 2:Enhancing Efficiency

Strategic Objective 2:

Case Flow Management

Institutionalize the integrated case flow management system in the courts.

• Support regions and courts to implement and sustain case flow management concept in the courts by :

- establishment of CFM governance

- developing and maintain CFM plans

- implement CFM guidelines

- implementation of CFM systems

- CFM change management support

Modernization/automation of court and case management systems

• National facilitation of the development and implementation of case management systems; including IT support to courts.

Roll out of the e-scheduler to all district criminal courts

Support courts and regions to implement and manage the e-scheduler.

Monitor the usage of the system and the performance of the courts

Finalise roll-out of the enhanced version of the e-scheduler to all DNS connected courts

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Strategic Objective Deliverables Activities for 2007

Resources mobilized for the Court Nerve Centre

Implement the Balanced Scorecard to measure court performance.

Capacitate the Court Nerve Centre

Develop integrated court performance reporting tool in conjunction with National Operations Centre

Monitor the institutional performance of courts for decision support

Develop capacity and relevant skills at court, region and national level to manage and monitor court performance

Develop regular reporting framework

Minimum performance standards for courts developed

Development and implementation of various service standards for courts and monitoring of compliance.

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Strategic Objective Deliverables Activities for 2007

Document Management Solution developed and performance tested at 5 pilot sites

Document management business process flow completed

Solution designed and tested

Digital Recording system installed in all courts

Manage the implementation/roll out of the DCRS solution and stabilize the system in all courts.

Explore enhancement of DCRS - central archiving, LAN’s and servers for lower courts and human resource capacity

Courts capacitated to deliver on case backlog reduction

Interface with stakeholders to identify backlog sites, define backlog, develop integrated plan to capacitate courts manage the backlog reduction and monitor performance.

Re aga Boswa rolled out Appointment of Area/Court managers and Court Operations Directors to support court management

Development of a model organizational structure to execute a full package services delivered by courts

Delegations training for court managers & induction/orientation of new court managers

Integrated court management training/development for court staff

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Strategic Objective Deliverables Activities for 2007

Community / Commercial courts/ other dedicated court services to deal with backlogs and improve

court efficiency

•Monitoring and evaluation of the performance of these courts•Implementation of such dedicated services to be aligned to policy framework•Community courts guidelines distributed workshopped, launched and implemented

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OFFICE OF THE FAMILY ADVOCATE

Adv. P.I. Seabi, Chief Family Advocate

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WHO ARE WE

• The Family Advocate:

– Persons can be appointed as family advocates if they are persons qualified to be admitted to practice as advocates in terms of the Admission of Advocates Act 74 of 1964 and if they are in the public service, appointed as such by the Minister or if they are out of the Public Service, appointed in writing by the Minister or an authorised person for the duration of a specific action or application ito section 2 of Act 24 of 1987- the Mediation in Certain Divorce Matters Act, 1987

• The Family Counselor:

- Persons who are suitably qualified or experienced can be appointed by the Minister to assist the Family Advovcate with an inquiry in terms of applicable law [section 3(1) Act 24/1987]

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MANDATE• VARIOUS PIECES OF LEGISLATION PROVIDES OUR MANDATE (which has

been extended from just dealing with divorce issues)

1. NATURAL FATHERS OF CHILDREN BORN OUT OF WEDLOCK ACT 86 / 1997• Access, custody and / or guardianship application by natural father • Where application for adoption has been made in terms of Child Care Act• Court shall request report of Family Advocate.

2. RECOGNITION OF CUSTOMARY MARRIAGES ACT 120/1998• Section 8 (3) makes application of Act 24 / 1987 to the dissolution of a customary

marriage.

3. DIVORCE COURTS AMENDMENT ACT 65 / 1997• Extension of operation to entire national territory of the Republic.

4. DOMESTIC VIOLENCE ACT 116 OF 1998 as amended by Judicial Matters Second Amendment Act 2005.

5. The MAINTENANCE ACT 99 OF 1998 as amended by the Judicial Matters Second Amendment Act.

6. The HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATION CHILD ABDUCTION ACT 72 / 1996.

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DUTIES OF FAMILY ADVOCATE

• If requested by any party to such proceeding or the court concerned or on own application of the Family Advocate

• institute an enquiry to enable him / her to furnish a report and recommendations at the trial of such action or hearing of the application

• If deemed in the interest of the child or if so requested by the Court appear at the hearing of the application or trial of the action, adduce evidence and cross-examine witnesses giving evidence thereat.

[section 4 Mediation in Certain Divorce Matters Act and all applicable laws].

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HAGUE CONVENTION

The Chief Family Advocate is designated the Central Authority for the R.S.A for purposes of the Act, with powers to delegate to a Family Advocate appointed in terms of the Mediation in Certain Divorce Matters Act.

DUTIES• To discover whereabouts of wrongfully removed / retained child• To prevent further harm to the child or prejudice to interested parties by

taking provisional measures • To secure voluntary return of the child or bring about amicable resolution of

issues• Furnish or obtain information relating to social background of the child• Provide information as to the law applicable in the other State• To institute or facilitate judicial and / or administrative proceedings to obtain

return or organize effective access• Secure safe return• Eliminate obstacles to the application of the Convention.

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HOW IS THE FAMILY ADVOCATE MANDATE GIVEN EFFECT

• Regulation 2(3) of Mediation Act requires the Registrar of the court to furnish Family Advocate with copies of pleadings as soon as possible after filing.

• Family Advocate studies documents and recommends route to follow• Upon receipt of request by party or order of court institute an enquiry. • Enquiry includes interviews with parties, children (age permitting),

consultations with relevant professionals, study professional reports, convene round table meetings, and write reports for court

• Upon receipt of notice of set down, prepare argument (application) or prepare for trial.

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HAGUE CONVENTION MATTERS

• Incoming application

– Study application, make decision whether / not well-founded in law– Commence location of whereabouts, bring applications for interim measures to

prevent further movement or prejudice– Commence voluntary return process– (failing which) Commence / facilitate judicial process - (order granted) Take measures to ensure safe return

• Outgoing application

– Prepare application according to returning country’s requisites– File statement of applicable law– Furnish / obtain social background report– Monitor progress of application– Ensure compliance with return conditions from foreign jurisdiction.

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Performance

Time allocation relating to Family advocate activities depends on variables such as:

– prolixity or otherwise of pleadings – complexity of matter– number of parties involved– collaterals to be interviewed & their accessibility– experts involved– whether or not defended or opposed applications etc– Average spent on each matter = 8 hours excluding court appearance.

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ACHIEVEMENTS TO DATE

• Execution of RSA obligations in accordance with international child abduction laws

• Increased accessibility to Family Advocate services in newly established service delivery points / satellite and periodical offices

• Increased service to courts (all levels including circuits)• Family Counsellor component helps improve quality of services,

readily available as expert witnesses, more court-oriented / focused reports

• Family Law assistant / paralegal component assist Family Advocate with public queries, perusal of pleadings, mediation in certain cases

• Average enquiry cycle time of four months attained• IT connectivity facilitate research and court preparation – and lead

to improved quality of reports

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PLANS 2007/2008

STRATEGIC GOAL DELIVERABLE ACTIVITIES

ACCESS Making services accessible to all

Increased accessibility of Family Advocates services in all provinces

Strengthening of satellites: Newcastle, Pietermaritzburg, George, Worcester, Buffalo City, Mthatha, SowetoMaintain satellite /periodic offices in Welkom, De Aar, Mitchell’s Plein, Thohoyandou, Vereniging, Klerksdorp and Tlhabane

Children Expeditious Finalization of matters affecting welfare of children

Training of appointment family counsellorsStandardization of services of F.A.

Alleviate court backlogs through providing mediation service to families

Appointment and training of FLA’s to mediate family disputes

Children Give effect to international child abduction convention

Capacity in provinces appoint more F.A.Training on international child abductionFacilitate ratification of 1996 Convention –which supports implementation of 1980 Child Abduction Convention

Enhance sustainable crime prevention strategy

Facilitate / identify and analyze research conducted on linkages between emotionally fractured youth and crimeExplore sustainable crime prevention optionsFacilitate expansion of F.A. services to crime prevention

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ANNUAL STATISTICS 01 APRIL -31 DECEMBER 2006Name of office

High Crt Documents

Divorce Court Documents

Settlement Agreement

Enquiries

Conducted

Matters

Finalized

Correspondence

In

Correspondence

Out

BLOEMFONTEION

735 987 551 479 274 2277 2316

CAPE TOWN 2078 5196 6177 1436 1032 14971 23451

DURBAN 1028 2084 856 1202 1063 3441 8936

BUFFALO CITY

90 900 107 300 368 158 686

GEORGE 606 353 107 300 303 2481 1794

KIMBERLY 198 77 146 188 31 312 184

JOHANNESBURG

1810 0 1778 994 635 3086 5666

MMABATHO 319 84 171 135 56 778 557

NELSPRUIT 270 0 24 79 46 297 701

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Strategic Objective Deliverables Activities for 2007

Extension of Family Advocate’s service to all lower courts to ensure compliance with the Judicial Matters Second Amendment Act 2005 and the Children’s Act 2005.

Resourcing the Chief Family Advocate office to assist with the enforcement of the International Hague Convention on the Abduction of Children

The appointment of family law assistants and paralegals for every office of the Family Advocate and the appointment of senior family advocates at two satellite offices per province.

Implementation of the next phase of the BPI process in respect of administrative support and appointment of staff and resources in the CFA office to assist with the application of this legislation

Strengthening provincial structures to render support to the Hague Convention.

Participating and initiating workshops nationally and with the SADEC countries regarding the Hague Convention inter-sectoral meetings in this regard.

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SERVICE DELIVERY POINTS

• The following offices have been established:

• Gauteng- Pretoria, Johannesburg

• Free State – Bloemfontein

• Western Cape- Cape Town, George

• Eastern Cape – P.E, Mthatha, Buffalo City

• Limpopo – Lebowakgomo

• Mpumalanga - Nelspruit

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PERSONNEL COMPOSITION cont.

OFFICE

PER PROVINCE

CFA PFA SNR

FAMILY

ADV

FAMILY

ADV

SNR

FAMILY

COUNSELLOR

FAMILY

COUNSELLORPARA

LEGAL

ADMIN

SUPPORT

NATIONAL 1 1

2

GAUTENG 1 2 10 1 10 15

WESTERN

CAPE

1 1 5 1 11 7

EASTERN

CAPE

1 1 4 1 14 11

NORTHERN

CAPE

1 1 1 1 3 2 5

NORTH

WEST

1 1 2 1 3 2 5

LIMPOPO 1 1 1 1 5 2 8

MPUMALANGA 1 1 1 1 4 2 2

KZN 1 1 9 1 11 15

FREE STATE 1 1 2 1 4 6

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COURT SERVICES CONCLUSION

• Court Services will continue during 2007 to address the following challenges:

– Aligning the court structure with the Constitution and ensuring compliance and compatibility with judgments and International Instruments

– Improving Case Flow Management and reducing case backlogs– Extending access to justice and simultaneously transforming

services to previously disadvantaged communities and vulnerable groups, particularly regarding maintenance

– Extending family advocacy services– Increasing capacity among Justice personnel in order to effect

service delivery excellence, in line with the principles of Batho Pele– Improving the facilities and infrastructure of the courts, especially

the lower courts, which at many places still leaves much to be desired

– Changing how courts operate and the mindset of court personnel

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THANK YOU FOR YOUR ATTENTION