select committee on security and constitutional development

SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT 2009/10

16 FEBRUARY 2011*

CONTENTS

Introduction

Strategic and Operational Highlights

Financial Report2009/10 Budget and Expenditure OutcomeAudit OutcomesMedium Term Expenditure

Challenges

Conclusion

*

The Department of Justice and Constitutional Development (DoJ&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy (as referenced in the Introduction of the Annual Report (AR) page 9 - 11). In promoting this, the Department continued in the period under review with the pursuance of its Strategic Goals relating to:Access to justice;Enhancing organisational efficiency; andTransforming Justice, State and Society.

The Departments approach is premised on its Vision to achieve Accessible and transformed justice services committed to the promotion of constitutional values and is underpinned by the Mission Together we provide accessible, fair, speedy, cost-effective and quality justice for all.

In addition, the Department also provide certain legal services to the Government.1. INTRODUCTION *

In the period under review the Department continued to deal with its core functions through services based on the following principles and values:

Commitment to Constitutional Values and a Culture of Human Rights;Batho Pele;Good Governance;Ubuntu;Professionalism and Continuous Improvement; andOpen Communication.1. INTRODUCTION (cont.)*

The Departments Key Strategic Measurable Objectives are as follows (AR page 14):Capacitating and restructuring the courts and integrating the justice system;Catering for the needs of vulnerable groups;Improving the maintenance system to relieve pressure at courts and enhance standards of service delivery;Broadening access to justice; andImproving the efficiency of the National Prosecuting Authority (NPA) through its Programmes and Units.

In terms of the National Treasury estimates of National Expenditure Programmes, the Departments activities and expenditure is dealt with through the following Programmes (AR page 14 - 16):Programme 1: AdministrationProgramme 2: Court ServicesProgramme 3: State Legal ServicesProgramme 4: National Prosecuting AuthorityProgramme 5: Auxiliary and Associated Services

1. INTRODUCTION (continued)*

Summary of Highlights, Achievements and noteworthy aspects:

Ensuring equitable access to justice services for all (AR page 17, 28)The Department continued to focus on people living in townships and rural areas who previously had limited access to courts. During the period under review it had already become clear that budget constraints will have an impact on future work done in this regard in terms of capital projects etc.

Highlights in this regard are: The Department continued to correct and realign Magisterial Districts with Municipal Districts with 15 Branch Courts converted to full service courts: Motherwell, Daveyton, Alexandra, Thembisa, Madadeni, Tiyane, Enkangala, Groblershoop, Jan Kempdorp, Kakamas, Keimoes, Poffader, Kathu, Atlantis and KhayelitshaEstablished more Small Claims Courts (17) Promoted the use of indigenous languages in the District Courts (Pilot Project 27 District Courts). Completed 3 New Courts: Galeshewe (N. Cape), Colesburg (N. Cape), Lutzville (W. Cape)3 Courts under construction: Katlehong (GP), Polokwane High Court (LP), Ntuzuma.2. OPERATIONAL HIGHLIGHTS*

2. OPERATIONAL HIGHLIGHTS (cont)Improving Access to Justice (Court Infrastructure)Budget constraints

Although planning has already started on the 12 projects listed below, there are not sufficient funds for implementation and this may impact on service delivery in the future.*

Name Description Soshanguve Magistrates OfficeAdditional accommodationBityi Periodical CourtNew periodical courtGaries Magistrates OfficeNew magistrates officeSundumbili Magistrates OfficeNew magistrates officeHumansdorp Magistrates OfficeAdditional accommodationDimba Magistrates OfficeNew magistrates officeLothair Periodical CourtNew periodical courtNgome Periodical CourtNew periodical courtOrlando Magistrates OfficeNew magistrates officePlettenberg Bay Magistrates OfficeNew magistrates officeRichards Bay Magistrates OfficeNew magistrates office

2. OPERATIONAL HIGHLIGHTS (cont)Appointment of key staff and decrease in vacancy ratesACHIEVEMENTS

Vacancy rate: Vacancy rate dropped from 13.6% in 2008/09 to 10.7% in 2009/10

Key Appointments: Key appointments finalised include Director General, National Director of Public Prosecutions, Chief Justice and Public ProtectorAppointments finalised during the period under review:During the period under review, we focused on strengthening our leadership and building capacity for improved service delivery*

Post levelTotal appointments i n 2008/9Total appointments i n 2009/10Judges1830Senior management26646Supervisory and Middle Management(level 9 and 12)350711Levels 1 to 832892307Grand total3 9233 094

2. OPERATIONAL HIGHLIGHTS (cont)Training through the Justice College

ACHIEVEMENTSThe Department improved capacity through training in strategic and operational areas*

TraineesNo of courses presentedTotal delegates trainedMagistrates351 668Clerks and other officers of the court37926Registrars of the High Court110Maintenance officers 599Maintenance investigators373Maintenance prosecutors361Court interpreters 11322Masters personnel 14371Prosecutors 541 452Managers in the department13313All officials (levels 2 to 8)9230Legislative drafters 788Total 1925 613Target 5 000

The development and roll-out of the Integrated Case Management System (ICMS) that spans all disciplines of cases administered in the justice environment was finalisedICMS: 11 773 896 case and business transactions conducted through ICMS. (AR page 18)The Justice Management Information System (JMIS), which deals with extracting info for management purposes from the ICMS, was developed and rolled out in the previous years, is now fully functional. (AR page 53)2. OPERATIONAL HIGHLIGHTS (cont)Challenges: IT infrastructure needed to support the roll-out of ICMS to courts is not fully funded; Existing servers and other systems are ageing and will need replacing; Further system development has been heavily affected by budget cuts. (Require about R128m) *

ICMS UsageUsersTransactionsICMS civil courts1 78341 498ICMS small claims courts79145 187ICMS criminal courts3 447277 694ICMS Masters offices1 78381 292National Register for Sex Offenders52225Justice Deposit Account System2 18311 328 000

Facilitating the resolution of civil and criminal cases (AR page 18, 112)In 09/10 the performance data of the Department and the NPA has been aligned and indicates that in contrast to previous financial years, more cases have been finalised in general (the finalisation rate improved by 12.5%) . In this regard the statistics indicate the court sat an average of 03:46 hours a day, enrolled 1 044 346 new cases and disposed of 1 065 269 cases, resulting in a positive clearance ration of 2%. (See next slide graphical illustration this is dealt with in more detail by NPA)Positive also was that more use was made of Alternative Dispute Resolution mechanisms (ADRM) (increase by 31.1%) and that less cases were withdrawn (15.6% less) . Both lower and high courts maintained high conviction rates High Courts: 87.7%; Regional Courts: 74%; District Courts: 90.5%. Sexual Offences Courts improved their conviction rate to 68%.At 31 March 2010 there was 16.7% of backlog cases on the court rolls. (AR page 108) There was a continuation in the reduction of the Regional Court Backlogs: 46 Regional Backlog Courts managed to remove 6 830 cases during the period under review. The outstanding cases were reduced by 2.1% for the Regional Courts. In total since the project was initiated in November 2006, 19 942 cases have been removed from the Regional Court Rolls (which contributed to a 21.5% decrease in the backlogs). (AR page 109)The number of backlog cases in the District Courts was reduced by 15.7%. (AR page 109)2. OPERATIONAL HIGHLIGHTS (cont)*

Overview of Court Performance*2. OPERATIONAL HIGHLIGHTS (cont)*

2. OPERATIONAL HIGHLIGHTS (cont)FIFA World Cup Courts (AR page 73)Key Activities during the planning of the FIFA World Cup led to the very successful coordination of the administration of justice and Cluster activities in this regard in 2010. During the period under review planning included:

Identification of 56 courtrooms (37 district; 19 regional) as dedicated courts in nine host citiesAppointments of:110 magistrates260 prosecutors110 Legal Aid attorneys93 foreign language interpreters 110 local language interpreters1 140 court officials327 court orderlies

The integration of departmental plans with Safety and Security Cluster plans through the National Joint Operational and Intelligence Structure (NATJOINTS).

The training of foreign language interpreters in court processes and procedures, where required.

The recruitment of staff to ensure fewer disruptions of normal day-to-day operations.*

Protection and promotion of the rights of vulnerable groups (AR page 19, 78)The Department continued to interact with other departments within the JCPS Cluster to develop legislation, policies and programmes that are aimed at protecting and promoting the rights of children, the aged, the disabled, women, the poor and other disadvantaged groups. The Department facilitated the preparation of the implementation of the Childrens Act, 2005 and the Child Justice Act, 2008. A National Policy Framework (NPF) on Child Justice was drafted and work on a draft NPF for sexual Offences and a Restorative Justice Strategy continued.

Childrens Cases:32 288 cases involving children were registered, 319 were diverted (pre-Child Justice Act)71% of Childrens Cases finalised within 3 months

The number of awaiting trial children were reduced by 50% in the 09/10year to less than 300

2. OPERATIONAL HIGHLIGHTS (cont)*

Domestic Violence CasesApplications enrolled291546Orders granted141159Set aside31154Struck off49366Warrants for breach14948

Maintenance CasesApplications enrolled189988Orders by default9420Section 31 orders by default24494Emolument orders34165Warrants of execution2978Attachments of debt2049

Developing legislation (AR page 20, 141)During the year under review various substantive Bills as well as subordinate laws and Rules of Court (10) were dealt with.

Bills introduced into Parliament included: Constitution Seventeenth Amendment Bill (Municipal Functions)Protection of Personal Information BillProtection from Harassment BillPrevention and Combating of Trafficking in Persons Bill

Bills that were on the Departments legislative programme for the year under review: Recognition of Muslim Marriages BillLegal Practice BillJudicial Matters Amendment BillState Liability BillPrevention and Combating of Hate Speech, Racial Discrimination, Xenophobia and Related Intolerance BillSouth African Human Rights Commission Amendment Bill


Developing and promoting the Constitution (AR page 21)

The Department continued with promotion of the guarantees in the Constitution through legislation such as Promotion of Access to Information Act, 2000 (PAIA), Promotion of Administrative Justice Act, 2000 (PAJA) and Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA).

In the period under review the Department designated all Magistracy Courts as Equality Courts and has seen an increase in the number of cases enrolled at these Courts. Cases increased from 447 in 08/09 to 508 in 09/10

The training material for the PAJA Act was completed during the preiod under review

The Department also increased its programmes aimed at educating the public on justice and constitutional matters and strengthening participatory democracy (in partnership with the European Union and the Foundation for Human Rights) by providing support to civil society to protect and promote a human rights culture.

In the period under review, 166 schools were visited. Approximately 43 000 people have been reached so far in terms of promoting awareness of constitutional rights. Additional Funds were received from the EU in January 2010 to support our constitutional development.

The department ran radio shows to educate the public about justice and constitutional matters (next slide)


Justice on the Airwaves and Law on Call were produced as a result of a partnership between the department and the SABC to educate the public about the values contained in the Constitution and the process of accessing justice services. Public Education and Communication (AR page 59)2. OPERATIONAL HIGHLIGHTS (cont)Justice on the AirwavesLaw on Call*

Station EpisodesZibonele Community Radio 26Bush Radio26Radio 26Jozi FM26Mosupatsela Community Radio 615QwaQwa Community Radio 26Univen Community Radio 26Unitra Community Radio 22Vukani Community Radio 22Nkqubela Community Radio 22Community Radio 26Moutse Community Radio 19Youth Radio 14Community Radio 26Radio Mafisa 16338

Station EpisodesUmhlobo Wenene 9Thobela 11Phalaphala7Monghana Lonene13Ukhozi 12Lesedi6Ligwalagwala11Ikwekwezi13Total82

Improving Access to Services of the MasterThere are 14 Masters offices in the High Courts

All Magistrate Courts are designated as service points for Masters ServicesTo improve access to the Guardians Fund, the department is integrating the Guardian Funds system with the ICMS system, which will lead to Guardian Funds services delivered in 480 magistrates courts.

Aspects pertaining to Deceased Estates are contained in the next slide.

Challenges:

Appointment of Assistant Masters in magistrate courts is delayed by lack of funds

Accommodation (office space and infrastructure) is a challenge in certain courts2. OPERATIONAL HIGHLIGHTS (cont)*

Guardians fund Growth in beneficiary receipts and payments2. OPERATIONAL HIGHLIGHTS (cont)*

Supervising the administration of Deceased and Insolvent Estates (AR page 21)

In the period under review the Department experienced an increase of 10% of Estate Matters received (130 635 new matters of which 88 551 were files on estates of less than R125 000). Of the 88 551 estates 92% were finalised. 2. OPERATIONAL HIGHLIGHTS (cont)*

Deceased and Insolvent Estates

Letters of execution issued: 37 989 Letters of appointment issued: 63 057

CasesNo of cases finalised% finalisedEstates < R125 00088 55181 12292%Estate > R125 00042 08429 09269%Total new estate matters130 635110 21484%

Providing Legal Advice Service and Protection of all Organs of State (AR page 21)

To deal with the functions in this regard the Department expanded the establishment of the State Attorney by 209 posts (unfortunately not all filled due to lack of funds) and appointed 24 advocates to deal with 648 High Court matters.

The Department won 14% of the cases, lost 6%, settled 18% out of court, 7% awaiting judgment and 55% judgments postponed (mainly because there are not enough judges, particularly in North and South Gauteng and because of the level of complexity of the cases)

The Department saw an improvement of the provision of advice and certification of international agreements and legislation: 294 requests for certification of international agreements received and 285 finalised187 requests for the certification of bills and regulations received and 155 finalised 2. OPERATIONAL HIGHLIGHTS (cont)*

Transformation of the Legal System

During the period under review, State Legal Services issued 5 804 briefs to Black practioners to the value of R261, 941 million (74% of the total)

Other Legislative instruments that will support transformation within the legal system are:The Legal Practice BillSuperior Courts BillConstitutional Amendment Bill 2. OPERATIONAL HIGHLIGHTS (cont)*

JCPS Cluster Activities (AR page 22)

The Minister and the Department plays a leading role in the Cluster and the coordination of activities to ensure that all people in South Africa are and feel safe . The mandate of the Department relating to the upholding of the protection of the Constitution and the Rule of Law was continued through collaboration within the JCPS Cluster.

Part and parcel of the activities in this regard was the continuation of the implementation of the Seven Point Plan following the finalisation of the CJS Review research and investigations and the development of the JCPS Delivery Agreement dealing with the Governments Cluster priorities and outcomes.

Through the CJS we have adopted an integrated approach to ensure that the CJS is a holistic continuum that stretches from where a crime is committed to the police, to the prosecutors, to the courts, to Social Development and Correctional Services, and to restoration and integration back into the communities. 2. OPERATIONAL HIGHLIGHTS (cont)*

In terms of the implementation of the Seven Point Plan various protocols were developed and implemented to enhance the integration and effectiveness of the CJS, screening mechanisms and the trial readiness of cases, as well as a protocol on the taking and processing of forensic samples, and the Court Protocol on Legal Aid Cases, improving coordination between SAPS, NPA, Legal Aid South Africa, DCS, DoJ&CD and the Judiciary as well as Departments such as Health, Social Development, Home Affairs and Education.

The video postponement system that was developed between courts and correctional facilities is now available in 45 courts.

An Inter-sectoral Management of Remand Detainees Task Team, at deputy director-general level, has been appointed to fast-track initiatives regarding improving the awaiting trial detainee situation.

Various standard operating procedures (SOPs), manuals and policies have been developed, e.g. case flow management.

Bail management has been strengthened and the use of information technology systems to provide an integrated management information system to the cluster departments and the Justice Crime Prevention and Security (JCPS) Cluster overall.


Transformation of the Judiciary (AR page 25)

Significant progress has been made in ensuring the entrenchment of the independence of the judiciary and the rule of law and substantial work been done relating to the Constitution Amendment Bill and the Superior Courts Bill.

The Office of the Chief Justice has been strengthened as a precursor in the transition to the establishment of a separate Court Administration for the Judiciary.

A number of staff have been deployed to the Office of the Chief Justice to assist with the strengthening of the Office of the Chief Justice and to deal with research and the development of proposals and action plans.

Principles to underpin policy in the above have been developed.


Extension of Civil JurisdictionTerms of Reference for the Civil Justice System Review were developed and the preparation for the extension of Civil Jurisdiction to the Regional Courts received attention.

The Jurisdiction of Regional Courts Amendment Act makes it possible for Regional Courts to hear divorce matters. Implementation Plans required capacitating of Regional Court staff to handle these cases; training; as well as accommodation for the additional staff.2. OPERATIONAL HIGHLIGHTS (cont)*

*

2009/10 BUDGET AND EXPENDITURE OUTCOME(This is dealt with in the Annual Report as Part 4, as part of the Annual Financial Statements)

3. FINANCIAL REPORT*

*The Department received substantially less funding than was requested to deal with all its increased responsibilities, including the implementation of legislation.Improved departmental spending expenditure increased from 99,4% in 2008/09 to 99,8% in 2009/10.Under spending decreased with R28 million from R41,4 million in 2008/09 to R13 million in 2009/10.Spending on compensation of employees at 99,5 % of parliamentary approved budget whilst absorbing carry through costs of OSD expenditure within baseline through reprioritisation and cost curtailment.Goods and services spending at 100%.Reprioritisation to fund Guarding Services and Capital Works.3. FINANCIAL REPORTKey Observation: 2009/10 Financial Year

* Department of Justice and Constitutional Development Excluding NPA (AR page 213 par 1.4)3. FINANCIAL REPORT (cont)

2007/082008/092009/10Final Budget5,677,4016,403,7167,528,269Less Expenditure5,513,4976,362,1767,514,440Balance163,90441,54013,829Percentage Expenditure97,1%99,4%99.8%

*3. FINANCIAL REPORT (cont)Departmental expenditure (R000) (AR page 239)Voted Funds Report

ProgrammesFinal AppropriationActual expenditureExpenditure as a % of final appropriationVarianceProgramme 1: Administration1 044 3871 031 48798.8%12 900Programme 2: Court Services4 088 0084 087 10099.9%908Programme 3: State Legal Services548 583548 564100%19Programme 4: National Prosecuting AuthorityProgramme 5:Auxillary and Associated Services1 847 2911 847 289100%2

Total7 528 2697 514 44099.8%13 829

*Expenditure per Economic Classification (AR page 240)

RSA Items

Budget R'000Expenditure R'000Projected Expenditure '000Percentage Actual SpendAvailable Funds R'000

Current payments

Compensation of employees2,739,9322,727,3822,285,59299.5%12,550

Financial transactions in Assets & Liabilities1,8441,842799.9%2

Interest and rent on land4,6244,624100.0%0

Goods and services2,625,5422,625,5202,335,209100.0%22

Total current payments5,371,9425,359,3684,620,80899.8%12,574

Transfers and subsidies to:0.0

Provinces and Municipalities828097.6%2

Depart. Agencies & accounts/Municipalities1,397,6711,397,3341,244,882100.0%337

Foreign Gov and International Organisations13,12713,1274,240100.0%0

Non- profit institutions2,6511,75466.2%897

Households32,49232,4907,869100.0%2

Total Transfers and Subsidies1,446,0231,444,7851,256,99199.9%1,238

Payments for capital assets

Buildings and other fixed structures621,673621,672423,188100.0%1

Machinery, Equipment and Motor Vehicles84,92584,92498,892100.0%1

Cultivated assets0.00.0%0

Software and other intangible assets3,7063,69112599.6%15

Land and subsoil assets-0.00.00.0%0

Total payments for capital assets710,304710,287522,205100.0%17

7,528,2697,514,4406,400,00499.8%13,829

Available Funds ['000]13,8296,369,831,413.0

Current Spend99.8%85.0%

RSA Sub programmes

Court Services2006/072007/082008/092009/10

Constitutional Court28,350,00046,267,00049,968,00055,465,000

Supreme Court of Appeal14,099,00016,352,00017,683,00018,700,000

High Courts155,522,000171,345,000185,187,000195,807,000

Specialised Courts20,701,00020,464,00022,094,00023,359,000

Lower Courts1,558,358,0001,615,564,0001,820,193,0002,076,040,000

Family Advocate56,780,00072,309,00078,210,00083,185,000

Magistrate's Commission5,334,0006,948,0007,372,0007,852,000

Government Motor Transport28,863,00030,306,00031,821,00034,366,000

Capital Works268,134,000426,902,000448,703,000489,350,000

Administration of Courts194,775,000272,526,000279,433,000295,833,000

TOTAL2,330,916,0002,678,983,0002,940,664,0003,279,957,000

RSA Regions

Court Services2006/072007/082008/092009/10

KWAZULU NATAL260,104,000309,495,000339,667,000352,570,000

EASTERN CAPE282,485,000311,974,000337,274,000356,926,000

GAUTENG317,208,000373,936,000403,994,000427,467,000

MPUMALANGA98,883,000112,530,000121,451,000128,446,000

LIMPOPO160,890,000178,378,000192,710,000203,827,000

WESTERN CAPE162,712,000212,241,000229,500,000242,520,000

FREESTATE135,764,000163,173,000173,777,000183,490,000

NORTHERN CAPE60,036,00065,055,00069,912,00073,831,000

NORTH WEST121,064,000140,086,000152,219,000160,848,000

NATIONAL OFFICE731,770,000812,115,000920,160,0001,150,032,000

TOTAL2,330,916,0002,678,983,0002,940,664,0003,279,957,000

WC

WESTERN CAPE2006/072007/082008/092009/10

Current payments

Compensation of employees104,307,000123,014,000132,849,000140,157,000

Goods and services54,359,00085,250,00092,070,00097,595,000

Total current payments158,666,000208,264,000224,919,000237,752,000

Transfers and subsidies to:

Current transfers

Provinces and municipalities155,0000.00.00.0

Households0.02,557,0002,711,0002,888,000

Total Transfers and Subsidies155,0002,557,0002,711,0002,888,000


Buildings and other fixed structures2,000,0000.00.00.0

Machinery and equipment1,891,0001,420,0001,870,0001,880,000

Total payments for capital assets3,891,0001,420,0001,870,0001,880,000

TOTAL BUDGET162,712,000212,241,000229,500,000242,520,000

NC

NORTHERN CAPE2006/072007/082008/092009/10

Current payments





Current transfers


Households0.0705,000747,000796,000

Total Transfers and Subsidies37,000705,000747,000796,000



Machinery and equipment2,237,000770,000580,000605,000

Total payments for capital assets3,537,000770,000580,000605,000

TOTAL BUDGET60,036,00065,055,00069,912,00073,831,000

EC

EASTERN CAPE2006/072007/082008/092009/10

Current payments





Current transfers


Households0.03,200,0003,392,0003,613,000






TOTAL BUDGET282,485,000311,974,000337,274,000356,926,000

FS

FREESTATE2006/072007/082008/092009/10

Current payments





Current transfers


Households0.01,733,0001,837,0001,956,000






TOTAL BUDGET135,764,000163,173,000173,777,000183,490,000

NW

NORTH WEST2006/072007/082008/092009/10

Current payments





Current transfers


Households0.01,528,0001,620,0001,725,000




Machinery and equipment2,765,000550,000710,000880,000

Total payments for capital assets4,765,000550,000710,000880,000

TOTAL BUDGET121,064,000140,086,000152,219,000160,848,000

GT

GAUTENG2006/072007/082008/092009/10

Current payments





Current transfers


Households0.03,995,0004,234,0004,508,000






TOTAL BUDGET317,208,000373,936,000403,994,000427,467,000

MP

MPUMALANGA2006/072007/082008/092009/10

Current payments





Current transfers


Households0.01,218,0001,292,0001,376,000






TOTAL BUDGET98,883,000112,530,000121,451,000128,446,000

LP

LIMPOPO2006/072007/082008/092009/10

Current payments





Current transfers


Households0.01,960,0002,078,0002,213,000






TOTAL BUDGET160,890,000178,378,000192,710,000203,827,000

KZN

KWAZULU NATAL2006/072007/082008/092009/10

Current payments





Current transfers


Households0.03,339,0003,539,0003,769,000




Machinery and equipment4,104,000610,0007,220,0001,200,000

Total payments for capital assets6,604,000610,0007,220,0001,200,000

TOTAL BUDGET260,104,000309,495,000339,667,000352,570,000

National Office

NATTIONAL OFFICE2006/072007/082008/092009/10

Constitutional Court28,350,00046,267,00049,968,00055,465,000

Lower Courts312,257,000184,604,000256,133,000428,654,000

Of Which

Projects / Other312,257,000184,604,000256,133,000428,654,000

Family Advocate56,780,00072,309,00078,210,00083,185,000

Magistrate's Commission5,334,0006,948,0007,372,0007,852,000

Government Motor Transport15,003,00030,306,00031,821,00034,366,000

Facilities Management268,134,000426,902,000448,703,000489,350,000

Of Which

Capital Works268,134,000293,622,000308,303,000342,000,000

Day To Day Maintenance22,000,00023,100,00024,200,000

Rehabilitation71,000,00075,000,00078,750,000

Upgrading of Infrastructure40,280,00042,300,00044,400,000

Administration of Courts45,912,00052,779,00056,953,00060,160,000

TOTAL731,770,000820,115,000929,160,0001,159,032,000

Project Funding

Projects Funding2007/082008/092009/10

Available Project Funding176,604,000256,133,000428,654,000

Less:91,628,000172,709,000194,294,000

Implementation of Children Bill - To move to regions7,000,00011,000,00015,000,000

Alternative Dispute Resolution Mechanisms5,000,00010,000,00011,000,000

Building Mngt Capacity for efficient Justice Service Delivery Points (Courts)12,000,00035,000,00038,500,000

Integrated Case flow management12,000,00020,000,00022,000,000

Women in Justice Education, Victim Charter,Lay Assessor etc12,000,00030,000,00033,000,000

Transformation of the Judiciary5,000,00020,000,00022,000,000

Review of the Criminal and Civil Justice System5,000,00010,000,00011,000,000

JCPS Coordination1,628,0001,709,0001,794,000

Psychiatric Observation32,000,00035,000,00040,000,000

Digital recording

Personnel - New High Courts

National Office Re - Restructuring

Balance84,976,00083,424,000234,360,000

*3. FINANCIAL REPORT (cont)Departmental revenue (R000) (AR page 29 )

Fines, penalties and forfeits is revenue from court fines, penalties on appeals lost and court orders as well as forfeits or unclaimed monies.Interest represents interest made on bank accounts and debt.Sales include revenue from legal fees, photocopies, licences and waste paper.Transfers received refer to monies received as donations other than RDP-funds.Sale of capital assets is revenue obtained through the sell of capital assets.Financial Transactions mainly refer to revenue from the recovery of loans, parking, cash surpluses.Voted Funds Report

2006/07actual2007/08actual2008/09actual2009/10actualTax revenueFines, penalties and forfeits262 616238 025271 508296 410Non-tax revenueInterest dividends and rent on land13 39448 70044 87216 821Sale of goods and services other than capital assets10 78614 02713 24843 659Transfers received-411Sales of capital assets (capital revenue)--11264Financial transactions (recovery of loans and advances)32 70811 68222 87214 051Total departmental receipts319 510312 434352 511371 615

*3. FINANCIAL REPORT (cont)Transfer Payments (000) (AR page 29) Voted Funds Report

Name of institutionAmount transferredEstimated expenditureSouth African Human Rights Commission70 12070 120Commission on Gender Equality49 11249 112Special Investigating Unit154 737154 737Legal Aid Board917 408917 408Public Protector108 860108 860Represented Political Parties Fund92 82392 823Education, Training and Development Practices SETA4 2744 274Presidents Fund1-Total 1 397 3351 397 334

**

AUDIT OUTCOMES

**Audit Qualifications HistoryAudit qualifications for the last 10 years3. FINANCIAL REPORT (cont)

2000/012001/022002/032003/042004/05Disclaimed audit opinionQualified audit report:1. Paymaster General2. Revenue3. Suspense & disallowance accountsQualified audit report:1. Suspense & disallowance accounts

NAQNAQ

2005/062006/072007/082008/092009/10Qualified audit report:1. Third Party FundsQualified audit report:1. Third Party Funds2. AssetsQualified audit report:1. Third Party Funds2. Assets3. CommitmentsQualified audit report:1. Third Party Funds2. Assets3. Leases (New)4. Leave (New)5. Irregular expenditure condoned (Finance leases) (New)Qualified audit report: 1. Third Party Funds2. Irregular expenditure (PPPFA non-compliance) (New)

*3. FINANCIAL REPORT (cont)

Chart1

2532100137

09/10

08/09

07/08

06/07

05/06

04/05

03/04

02/03

01/02

00/01

Financial Years

No. of Qualifications

Summary of Vote Audit Opinions

Sheet1

09/1008/0907/0806/0705/0604/0503/0402/0301/0200/01

2532100137

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Sheet2

*The Strategic Turnaround Plan targets key failure points in governance, people management, methods and practices as well as addressing the impact on changes in the wider operating environment.

On a detailed level, specific action plans have been drawn up to address perennial hotspots such as Supply Chain Management, Asset Management and Management of Third Party Funds.

As a result , 4 out of the previous 5 audit qualifications (2008/09) were resolved through the following initiatives:

Asset Turnaround project (see next slide)Leases projectLeave management initiativesTraining of financial staff in Regions & Branches

Achievements DoJ & CD Turnaround Plan3. FINANCIAL REPORT (cont)

*

Asset Turn Around Project3. FINANCIAL REPORT (cont)

*During the 2009/10 financial year the Department embarked on the following projects to eliminate previous financial audit qualifications as well as other critical areas of concern highlighted by the Auditor General:Asset Turnaround project (Multi-year initiative)Leases project (One year project)Training to Branches and Regions with regards to the submission of accurate and reliable information for the compilation of Financial Statements (One year initiative)

As a result of the aforementioned initiatives these issues were resolved, however sustainability thereof is a challenge due to the following:High staff turnover (CFO vacancies - 29%)Lack of competencies and skillsInsufficient financial management capabilitiesInconsistent structures and reporting linesGeographical landscape and widely dispersed offices of the departmentFinancial constraints

Sustainability of previous initiatives3. FINANCIAL REPORT (cont)

*Third Party Funds (TPF) Departmental Revenue, Contingent Liability Disclosure note and Receivables for Departmental Revenue Disclosure note Previous audit qualification Qualification refers to the impact of the financial administration of the Third Party Fund (TPF) on the Vote Account Tender awarded to produce reliable, accurate and complete AFS from 2007/08 2010/11; Electronic Maintenance Payments (Centrally) Decentralisation of the Electronic Maintenance Payments to improve turnaround times Vote Account Qualifications3. FINANCIAL REPORT (cont)

EFT Payments

RegionNovember Beneficiaries PaidDecemberBeneficiaries PaidEC 11,482,733.41 20,400 11,713,394.30 20,590 FS 8 420 353.13 56 894 10 277 872.71 18 349 GP 13 044 229.71 20 350 15 535 237.97 23 597 KZN 10 338 837.03 20 427 10 050 836.02 20 427 LIM 28 600 287.45 46 357 26 221 624.03 43 929 MPU 9 634 549.49 16 028 9 725 885.69 16 302 NC 1 107 489.00 806 346 303.00 568 NW 7 847 588.54 11 364 6 454 317.70 9 636 WC 7 550 483.93 16 265 8 509 241.92 22 636 GRAND TOTAL98,026,551.69 98,834,713.34GRAND BENEFICIARIES208,891176,034

*Irregular Expenditure * New audit qualification The qualification on irregular expenditure relates to payments made in contravention with the Preferential Procurement Policy Framework Act the Department applied the BBBEE Code of Good Practice instead of the PPPFA regulations. These contracts were entered into between the period 1 July 2005 to 31 December 2009 (BIDS) and with regards to quotations 2005 to date. The audit qualification relates to the fact that the amount of irregular expenditure from 2005 could not be determined by the time of finalizing the audit report.

The amount in involved has been quantified and the process to approach National Treasury for guidance on how to deal with this matter is currently underway.

The department is resolving the non-compliance through training initiatives. Vote Account Qualifications3. FINANCIAL REPORT (cont)

*Key Initiatives to Achieve NAQDoJ&CD is one of 10 Departments included in the National Treasurys Strategic Support Plan

National Office of the CFO Formulating and guiding, consolidating and monitoring the implementation of the Turnaround Initiatives (Monthly Financial Management Monitoring Matrix) Template derived from Financial Management Maturity Survey conducted by NT Basics of good financial management)

1st survey 20082nd survey 2010Monthly report back on action plans to address deficiencies

Root cause analysis done 2009 includedSCOPA resolutions progress included AG management letter findings included AG Key Controls Reviews - includedCompliance monitoring includedAFS Key Disclosure notes included

3. FINANCIAL REPORT (cont)

*Key Initiatives to Achieve NAQNational Treasury Strategic Support Plan

The objectives are to: Enhance financial maturity in generalImprove audit outcomes of the departmentEase financial control in general

Focus areas:Asset management (sustainability of 2009/10 initiative)Third Party Funds Finance leases (sustainability of 2009/10 initiative)Goods & ServicesCompensation of employeesTransfer of paymentsPerformance InformationInternal Audit Risk Management


*Key Initiatives to Achieve NAQThe Monthly Financial Management Monitoring Matrix (MFMMM) replaces Audit Action Plans components included:SCM/Asset ManagementExpenditure ManagementLiability ManagementRevenue ManagementHuman Resources / Compensation of EmployeesTransfer Payments Other focus areas Performance Information

Regions / Branches Monthly Financial Management Monitoring Matrix (MFMMM) monthly reporting by Regions / Branches for consolidation by National Office champions.


*Key Initiatives to Achieve NAQ

Interim Capacity Support

CFO Training and Capacity Building Initiatives Training Initiatives :Cash Hall Training ( Vote, TPF & SCM)SCM (Preferential Procurement Policy Framework )Finances for Court/Office Managers (Budgets, Internal Controls, SCM, Payments, Receipts legislation and policies)

7.Audio Visual Aids Distribution to All Area Court Managers, FOMS and Regional FunctionariesLeases Procedure & Payment PresentationBAS Financial transaction capturing and report requestCash Hall Procedures Payments, Receipts, Petty Cash, PAYE and Agency Services


*

MEDIUM TERM ESTIMATES


**MTEF BUDGET ALLOCATIONS:Year on Year Growth3. FINANCIAL REPORT (cont)

2009/20100002010/20110002011/20120002012/2013000

Approved budget

Year On Year Growth11,390,708

12,180,353

6,9%13,187,874

8,3%13,982,456

6%

**Reduced budget allocations do more with less Minister of FinanceReducing budgets with R1,482 billion . But expected to absorb inflationary pressures and still expand services !!!3. FINANCIAL REPORT (cont)

2009/20100002010/20110002011/20120002012/2013000

2009 MTEF

2010 MTEF

Total CutsR202m

R237m

R195m

R432mR251m

R230m

R481mR264m

R305m

R569m

**Budget Allocations per Programme3. FINANCIAL REPORT (cont)

Sheet1

2006/072007/082008/092009/102009/102010/112011/122012/13

OutcomeVotedAdjustmentsAdjustedRevisedMedium-term estimates

(Main appro-Roll-oversUnforeseeable/VirementOtherappro-estimateMTEF Baseline

priation)unavoidableadjustmentspriation

1. Administration643,7891,043,493967,7691,038,6140.017,39179,1980.01,135,2031,436,8401,472,9401,604,1961,693,061

2. Court Services2,501,6372,675,2363,071,5543,911,1040.0150,992(237,590)(1,500)3,823,0063,524,6043,871,9344,241,0614,555,014

3. State Legal Services329,588382,524503,153569,9180.020,2404,9350.0595,093595,093644,102677,942711,822

4. National Prosecuting Authority1,422,1171,720,4481,928,4562,181,4840.054,7805,510143,6992,385,4732,382,2382,439,6242,586,8412,718,310

5. Auxiliary and Associated Services990,3581,275,3721,586,6001,658,2860.019,613153,4570.01,831,3561,782,2441,821,8831,973,6722,052,379

Total for programmes5,887,4897,097,0738,057,5329,359,4060.0263,0165,510142,1999,770,1319,721,01910,250,48311,083,71211,730,586

Direct charge against the National Revenue Fund1,099,2891,184,5271,389,3291,669,6890.00.00.00.01,669,6891,669,6891,929,8702,104,1622,251,870

Judges' and Magistrate salaries269,333298,471370,315404,7540.00.098,9770.0503,7311,669,6891,929,8702,104,1622,251,870

829,956886,0561,019,0141,264,9350.00.0(98,977)0.01,165,958

00.00.00.00.00.00.00.00.00.00.00.00.00.0

00.00.00.00.00.00.00.00.00.00.00.00.00.0

00.00.00.00.00.00.00.00.00.00.00.00.00.0

Departmental total6,986,7788,281,6009,446,86111,029,0950.0263,0165,510142,19911,439,82011,390,70812,180,35313,187,87413,982,456

Change to 2009 Budget Estimate112,12566,43659,637232,632353,705

Sheet2

Sheet3

**Budget Allocations per Economic Classification

Growth in personnel cost with limited growth in operational cost funding3. FINANCIAL REPORT (cont)

Indicative alloc

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0.60.60.118.75.55.530.6

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VOTE 22: JUSTICE AND CONSTITUTIONAL DEVELOPMENT (JUSTICE AND PROTECTION SERVICES)Annexure A

Indicative Medium-term allocation

Programme2008/092009/102010/11% growth

R thousand(09/10 to 10/11)

1. Administration897,9991,043,7291,115,7986.9%

2. Court Services3,333,3463,731,0423,948,5285.8%

3. State Legal Services471,985530,681559,0435.3%

4. National Prosecuting Authority2,085,3142,380,9112,522,5705.9%

5. Auxiliary and Associated Services1,377,8081,541,9471,633,8346.0%

6. 00.00.00.00.0

7. 00.00.00.00.0

8. 00.00.00.00.0

9. 00.00.00.00.0

10.0.00.00.00.0

Subtotal8,166,4529,228,3109,779,7726.0%

Direct charge against the National Revenue Fund1,339,3291,419,6891,504,870

Judges' Salaries357,315378,754401,4796.0%

Magistrates' Salaries982,0141,040,9351,103,3916.0%

Total9,505,78110,647,99911,284,6436.0%

Change to 2006 Budget estimate(15,595)0.0

Economic classification

Current payments6,625,9517,485,5477,935,4306.0%

Compensation of employees3,814,8004,371,1594,633,4296.0%

Goods and services2,811,1513,114,3883,302,0016.0%

Interest and rent on land0.00.00.0

Financial transactions in assets and liabilities0.00.00.0

Transfers and subsidies1,066,2161,212,7551,285,5206.0%

Provinces and municipalities0.00.00.0

Departmental agencies and accounts1,050,4891,195,4271,267,1536.0%

Universities and technikons0.00.00.0

Public corporations and private enterprises0.00.00.0

Foreign governments and international organisations4,2404,4944,7646.0%

Non-profit institutions0.00.00.0

Households11,48712,83413,6046.0%

Payments for capital assets474,285530,008558,8225.4%

Buildings and other fixed structures368,303422,000447,3206.0%

Machinery and equipment105,307107,253110,7023.2%

Cultivated assets0.00.00.0

Software and other intangible assets6757558006.0%

Land and subsoil assets0.00.00.0

of which: Capitalised compensation0.00.00.0

Direct charge against the National Revenue Fund1,339,3291,419,6891,504,8706.0%

Total9,505,78110,647,99911,284,6436.0%

check:0.0(0)0.0

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VOTE 22: JUSTICE AND CONSTITUTIONAL DEVELOPMENT (JUSTICE AND PROTECTION SERVICES)

Indicative Medium-term allocation

Programme2009/102010/112011/122012/13

Economic classification'000'000'000'000

Current payments7,829,4988,137,1918,702,4299,220,439



Interest (Incl. interest on finance leases)568599831867

Transfers and subsidies1,307,9461,485,6371,617,7441,673,961

Provinces and municipalities0.00.00.00.0

Departmental agencies and accounts1,280,9741,448,3891,577,5271,631,836

Public corporations and private enterprises0.00.00.0

Foreign governments and international organisations4,4944,7194,9555,203

Non-profit institutions2,6510.00.00.0

Households19,82732,52935,26236,922

Payments for capital assets583,575627,655763,539836,186

Buildings and other fixed structures445,844479,765598,515694,441

Machinery and equipment135,785147,822164,936141,656

Cultivated assets0.00.00.0

Software and other intangible assets1,946688889

Land and subsoil assets0.00.00.00.0

Direct Charges1,669,6891,929,8702,104,1622,251,870

Total11,390,70812,180,35313,187,87413,982,456

Year on Year Growth6.9%8.3%6.0%

**Medium Term: Spending PressuresAdditional accommodationCapital investment in new court infrastructure and additional office accommodation. Personnel establishment expansion DOJ currently funding new courts with no concurrent additional allocations for personnel and operational expenditure.Regional capacitation additional personnel for regions including court personnel (Interpreters, finance and supply chain management personnelInternship, learning and development and recruitment

Technical personnel adjustments

Compensation of employees OSD for legally qualified personnel Phase 2 DOJ/NPA/LAB and entities

Information TechnologyImprove business productivity Additional Investment in IT infrastructure Hardware renewal, network infrastructure, data security and expansion of roll out of IT and information systems (E-scheduler, JDAS and GFS etc)maintenance, licensing, hardware renewal and backup3. FINANCIAL REPORT (cont)

**

Implementation cost of new and proposed legislation Civil Jurisdiction of Regional Courts. Child Justice and Children's ActTraditional Courts Bill Superior Courts Bill - High Courts for Mpumalanga and Limpopo- Security and risk managementSecure 127 justice service delivery points with integrated security infrastructure Enhancing security of personnel, departmental records and state assetsCash in Transit, Guarding Services and Security

Review of the Criminal Justice System Implementation cost of recommendations after Cabinet and Parliamentary endorsement and approval

Increased proximity of courts services to all, especially in townships and rural areas Replace 46 of 230 branch courts to ensure that they provide full court services 2010/1Introduce multilingualism in courts

3. FINANCIAL REPORT (cont)Medium Term: Spending Pressures

**Medium Term: Spending Pressures - OtherFiling - Document and Record Management

Enhancement of Constitutional Development programmes

Develop and implement the departments oversight mandate and functions

Enhancing communication services

Language Services at Court

Library Services in various provinces

Start-up and implementation cost of newly proposed Court Services Agency

Enhancing training and development capacity Justice College, Judicial Education Institute and HR3. FINANCIAL REPORT (cont)

A positive clearance ratio of 2% was managed by the Lower and High courts during this reporting period. A total of 1044346 new cases were enrolled and 1065269 cases disposed 20 923 more cases than received and a 0.8% increase compared to the previous financial year.

*The EU funds were only received in January 2010 therefore we will highlight only in the 2010/11 *Audit Outcomes*

select committee on security and constitutional development

Documents

justice services

justice andimproving

quality justice

justice systemcatering

service courts

branch courts

constitutional democracy

following programmes