the department of justice & constitutional development’s quarterly report

1

Presentation to the Portfolio Committee on Justice and

Constitutional Development11th of August 2010

Parliament, Cape Town

2

Objective: Improve Corporate Governance to comply with PFMA Requirements

Output 1 KPI Target Year-to-date

Progress Challenges/Interventions Status

Improve Enterprise Risk Management systems in the Department by 2010

Resolve 90% of Top 5 risks

90% 20% Improved Audit Outcomes as Assets, Procurement and Leave Benefits Qualifications have been resolved.

Key Risks to be managed:

Budget and Audit aspects

Infrastructure constraints

Capacity

Strengthen internal systems & controls

Fraud and Corruption

33




Improve strategic planning and internal controls to comply with PFMA requirements.

2.1 Achieve unqualified report on performance information

Management by 2010

100% 20% • Appointed Chief Director to strengthen capacity of the strategy unit to improve the ability to implement, monitor and evaluate.

• Begun the process of acquiring M&E system

• Operationalised Exco Technical Committees focusing on finance and audit, Governance, Policy, Strategy & Operations, IT & Risk, Human Resources, and Communications and Service Delivery Improvement

Review MTSF document in the light of operational challenges experienced

2.2 Complete 80% of approved audit plans

80% 18.3% • First Quarter: Completed 52 audit projects

• Strengthen capacity of the Internal Audit Unit.

• Court administration capacity inadequate against exponential growth in demand for quantity and breadth of services. Training interventions are underway to upgrade skills to beef up human capacity within current budget constraints

44




Increase conviction rates in fraud and corruption cases

3.1 Ensure 25% of fraud and corruption cases discovered in 2010 are trial ready

25% 0% •At the Departmental level capacity & strategy are being developed to achieve targets•Cluster established a delivery forum led by the NDPP. The forum will coordinate the defining of corruption and collate info on various cases to monitor progress• Anti-corruption task team at cluster level established• Anti-corruption courts to be established

Effective coordination of cluster activities

3.2 Conduct at least 10 staff awareness raising sessions on fraud and corruption

10 9 •9 sessions held (one per province) covering financial disclosures, risk management, codified instructions, and security awareness.• Training conducted for clerks of the criminal court.

Fast tracking of cases of fraud and corruption necessary

3.3 All new forensic cases finalized in two months and old cases finalized in 6 months

100% 28% •Turn Around strategy developed and currently implemented to speed up investigations

• 18 new cases received and 5 finalized within 2 months, with the others in the final stages. All old cases are being prioritized and a plan of action has been developed to ensure finalization within 6 months

Fast tracking of cases of fraud and corruption necessary

Enhance capacity for investigation

55




Ensure unqualified audit on Assets and Supply Chain Management in 2010

4.1 Ensure no repeat of audit findings

100% 20% No repeat of assets, and employee benefits qualifications.

•Qualification on supply chain management to be resolved

4.2 100% of assets accurately captured

100% 60% Qualification on assets resolved

4.3 Produce four quarterly reports on the performance of the service providers

4 0 Report due end of August 2010.

66

Objective: Manage Priority Projects aimed at Improving Internal Control systems



Improve file management and record keeping in all identified priority courts by 2010

5.1 100% of lost records tracked and restored in identified priority courts

100% 2% • Off-site storage pilot completed at 2 sites (Pretoria and Krugersdorp). A total of ± 13 million documents were scanned and taken off-site. The pilot facilitated the search and location of files and thereby eradicated the issue of missing records and files that were not able to be located.

• Pilot to be rolled out to all priority courts commencing with Johannesburg High Court, Johannesburg Magistrates Court, Pretoria High Court, Durban Magistrate Court, and Cape Town High Court.

• Blue-print approved• Legal Challenges

•Missing and lost records impacts on reviews and appeals. Missing and lost records are tracked and restored. •The main challenge was at Johannesburg High Court and Magistrate Court. Special interventions were introduced there to improve management of records (including capacity and compact shelving).

77

Objective: Manage Priority Projects aimed at Improving Internal Control systems



Improve human resource records’ management by 2010

6.1 All leave forms filed and retrievable within 20 days of receiving them

100% 75% 75% (24278 of 32208) of submitted leave forms were captured within 5 days and retrievable within 20 days.

Control measures were instituted to ensure timeous capturing and filing of

leave forms • Leave/ attendance registers• Conducted workshops with relevant

personnel• Enforcement of leave policy and

leave procedure manual• Decentralization of leave capturing to

the office of origin: implementation effected from 31.3.2010

• Improved methodology to transport leave forms (e.g. courier)

Leave audit show that backlog in capturing of leave reduced to less than 3 months

88

Objective: Provide sound management of state resources



Improve human capital management

7.1 Reduce Vacancy Rate from 14% to 5% by 2012

5% 10% •273 posts were filled to achieve vacancy rate of 10.11%•26.2% (581) of vacant posts were advertised between 1.4.2010 and 30.6.2010•290 appointments are expected by 30 September 2010.•5 SMS vacancies were filled (from 43 at 31/3/2010) and 12 will be filled by 30/09/2010)•Posts of Chief Master and Chief Litigation Officer were re-advertised and have been put on hold due to Departmental reconfiguration process

Representivity and quality of applicant pools is a challenge. Posts are re-advertised and recruitment agencies procured to head hunt suitable candidates

Planned re-organization to improve organizational capability necessitates moratorium on filling of some vacancies

7.2 50% of staff trained by Justice College in identified priority areas by 2012

25% in 2010 7.5% of staff

• 1481 (7.5% of staff) officials trained (Magistrates, prosecutors, masters, court interpreters, court clerks)

• Improve the profile of the Justice College• Need to align Justice College and the Judicial Education Institute.

7.3 Finalize 60% of disciplinary cases and 70% grievance cases within 60 days of their registration

60% disciplinary (60 days)

70% grievance

(60 days)

1%

1%

• 3 finalised out of 285 were within 60 days – 1%•69 Misconduct out of 285 cases finalised (24%)

•2 finalised out of 189 grievances were within 60 days – 1%

46 Grievance out of 189 cases finalised (24%),

Improve the quality of performance management by supervisors

99




Improve business productivity through IT

8.1 Ensure 95% uptime of network

95% 95% Contracts & Service Level Agreements with SITA, TSS and Telkom. Monthly SLA meetings & performance reporting

Achievements during 1st Quarter:• SITA 100% (Business

systems• Telkom 95% (network)• TSS (average) 85%

(infrastructure)

•Budget constraints to purchase hardware and software•Not 100% all the time

8.2 Roll-out ICMS to 250 lower courts and 3 high courts

250 lower courts

3 high

courts

101

12

• Different modules of ICMS has been developed. Consequently this KPI will be amended as in many instances the targets have been surpassed: ICMS Masters – All 14 Masters

Offices & 402 Service Points (Magistrates Courts)

ICMS High Court Civil – deployed to 12 of the 14 High Courts.

ICMS Criminal – 480 Lower Courts

ICMS Civil – 480 Lower Courts Application training conducted in

all 9 regions

1010




Ensure unqualified audits on financial reports

9.1 Implement financial turn-around strategy

100% 50% Improved expenditure, and qualifications on assets and employee benefits resolved.

Improve compliance at the national and regional offices

9.2 Achieve unqualified financial statements

100% 50% • No Qualifications on CARA , Guardian and President’s Fund

• Chief Director for Third Party Funds has been appointed

• Assets and Employee Benefits qualifications resolved

• Finalize PPP solution for 3rd Party Funds

• Improve quality of supervision and management

• Qualifications on Irregular and Wasteful Expenditure

1111

Objective: Provide Sound Management Of State Resources



Maintain and secure justice infrastructure

10.1 Roll-out of integrated security systems to 150 prioritized courts by 2011

75 in 2010 15 • Pilot completed in Pretoria North Magistrate Court.• Finalized 14 courts

•Budget Constraints

• Delays in finalizing SLA, no building plans and resolution of heritage site issues

10.2 Improve the conditions of 50 priority courts through RAMP

50 11 11 facilities attended to in the First Quarter: Alice, Idutywa, Malebogo, Moutse, Ditsobotla, Groot Marico, Mankweng, Mmabatho, Nietverdiend, & Pampierstad. Germiston Magistrate Court is in the repair phase.


•Increase capacity of Facilities Management especially in regional offices

1212

Objective: Expand Justice Infrastructure and service to people living in townships and rural areas



Improve justice proximity to communities

11.1 Complete 7 court buildings

7 4 • 4 out of 7 completed (Lutzville, Ashton in the WC, Galeshewe and Colesberg in the NC)

• Ekangala and Hankey in the final stages

• Katlehong (2012), Ntuzuma (2012) and Polokwane High Court (2013) in progress

Budget constraints

11.2 Open 3 courts in rural and township areas

3 3 • Lutzville and Ashton in Western Cape, and Colesberg in the Northern Cape are in the rural areas and arrangements are being made to open them officially.


11.3 Provide 1 Magisterial Court per Municipality district by 2012

47 0 • Out 287 municipal boundaries, 240 have magisterial courts.

• 47 courts are being aligned

11.4 Convert 20% of Branch Courts to become main courts

20% 17% • Of 90 Branch Courts 24 identified for conversion, 15 (17%) converted into full services courts

• 4 Branch Courts (Atteridgeville, Mamelodi, Northam, and Ntuzuma) to be converted in August 2010

1313

Objective: Provide Strategic Leadership to JCPS and strengthen oversight mandate



Strengthen international relations and co-operation

12.1 Implement signed cooperation agreements within agreed timeframes

• Mutual legal assistance and extradition agreements with 40 countries including China, USA, India, the EU and Nigeria;• Signatory to numerous conventions

12.2 Provide technical support to SADC and other identified African countries

•Technical Assistance Project with DRC and Southern Sudan

•Strengthen co-operation with DRC

1414

Objective: Provide Strategic Leadership to JCPS and strengthen oversight mandate



Strengthen component to support oversight mandate

13.1 Develop and engage entities on oversight framework

100% 0% • Framework to be finalised in October 2010 which will identify areas of support.

1515

Objective: Increase Public Understanding Of Justice And Demonstrate Service Delivery



Educate the public on justice and constitutional matters

14.1 Develop and implement communication strategy by 2012

100% 0% • The strategy is being developed

• In-house capacity will be deployed to develop strategy

•Capacity challenges

14.2 Conduct surveys to show at least 60% of people have confidence in the criminal justice system by 2011

100% 0% • Tender for the Survey initiated by the JCPS cluster advertised

•Financial resources and human capacity not available

14.3 Develop service delivery charter

100% 0% • Charter not yet developed •Capacity

14.4 Respond to 100% of Presidential Hotline inquiries and finalized 60% within 30 days

100% 26% • 26% of enquiries responded to within 30 days

• Dedicated unit established to improve response rate

Strengthen regional capacity to respond to enquiries

1616

Objective: Intervene To Protect Victims Of Apartheid And Crime



Monitor and report on government implementation of the TRC recommendations

15.1 Ensure outstanding 30% of identified TRC Victims have access to the President’s Fund by 2011

50% of the outstanding in 2010

8.5% • Of the 881 outstanding beneficiaries, 75 (8.5%) identified and paid

• 218 beneficiaries are deceased and we are unable to locate next of kin

• We are unable to locate 658

• Report tabled in Parliament

•Strengthen tracing mechanism

•IEC and Home Affairs to be approached to assist

15.2 Finalise regulations aimed at providing assistance to TRC Victims by 2010

Completion 40% complete

• Regulations for exhumations and reburials finalized

• Regulations on health, education and community rehabilitation outstanding

• Co-operation of departments need to be improved

• Engage civil society on community rehabilitation

1717




Provide support to victims of crime

16.1 60% of victims of crime made aware of their rights and have access to court

60% of victims

•Awareness sessions in National Office, KZN, N-West, Western and Northern Cape. This is work in progress. • The awareness raising sessions covered Community Based Organizations

Organize awareness-raising sessions in provinces not covered.

16.2 Ensure 30% of identified cases are dealt with through justice restorative interventions

30% 17% • 1208 Children (17%) diverted during April 2010 and 1214 during May 2010. •A plan has been developed to ensure 30% of cases can be finalized through RJ Interventions •A draft Restorative Justice Framework adopted by the JCPS Development Committee in April.

•Credible collation of stats is a challenge

1818

Objective: Provide Sound Support To The Judiciary



Strengthen the establishment in the Office of the Chief Justice

18.1 Finalize structure in the Office of the Chief Justice and appoint 5 critical staff by 2010

5 new staff 0 • Job evaluation is currently being done

• Task team completed draft structure for Office of Chief Justice

• DPSA being consulted for approval for implementation to take effect

The enhancement of the capacity of the Office of the Chief Justice is in line with the proposal in Superior Courts Bill

1919




Provide policy and legislative measures for establishment of a judicial authority

19.1 Develop a policy framework and judicial authority bill to establish the judicial arm of government

100% 0% • Draft policy framework in place

• Minister has obtained views of judiciary on the matter

19.2 Finalise policy framework on transformation of the courts, Superior Courts Bill, the Constitution Amendment Bill and the Traditional Courts Bill

100% 40% • Draft Policy Framework under consideration

• Constitution Amendment Bill and Superior Courts Bill approved and published for comments

• Traditional Courts Bill introduced in Parliament in 2008

2020

Objective: Review the Criminal And Civil Justice Systems



Ensure effective implementation of the 7 point plan

20.1 At least four critical staff appointed to the CJS Centre for Statistics by 2010

4 0 • Organizational Structure currently being job evaluated.

20.2 Ensure 60% of identified interventions are implemented (CJS review)

60% 15% •Bail protocol in place• Regional Court Protocol finalized• Court Protocol for legal Aid cases finalized• Reduction of case backlogs project rolled-out to district courts with huge backlogs

2121




Improve the efficiency of the civil justice system

21.1 Produce a national Report on the deficiencies in the current Civil Justice system

100% 0% •Terms of Reference for the review of the Civil Justice system approved by Cabinet• Capacity of Rules Board & SALRC being increased to lead research

21.2 Produce a report assessing the enforcement rate of civil judgments made against the state in the past two years

100% 0% •No report available

2222




Increase case finalization of criminal cases

22.1 Increase matters dealt with by admission of guilt fines from 30 115 to 100 000

100 000 0 Draft Notices for the implementation of amendments completed and consultations on-going with NPA and the Judiciary

22.2 Increase finalization of lower court criminal cases by 2% in 2010

2% increase 0 Programs for the diversion of less serious cases being implemented to alleviate courts of heavy case load

2323

Objective: Ensure Qualitative And Timely Justice Services



Reduce case backlogs in 42 priority courts and increase diversion

23.1 Increase resolution for case backlogs from 11500 to 14 815 cases in 2010

14 815 2010 in Regional Courts

1579 in district courts

•Regional Courts:1363 finalized, 591 withdrawn, 56 transferred•District Courts: 1046 cases finalized, 490 withdrawn, and 43 transferred (update with Pieter’s report)

23.2 Increase cases diverted by 40% from current baseline

40% increase

20%increase

•Diversions are being monitored monthly. There is an increase in the diversions:

Adults:

April 2010 – 2779

May 2010 – 2842

Children:

April 2010 – 1208

May 2010 – 1214

2424

Objective: Ensure Qualitative And Timely Justice Services



Reduce trial delays and case postponements

24.1 Increase the number of cases concluded by using pre-screening mechanism developed by NPA

100% 0% A protocol was developed dealing with pre-trial screening to ensure trial readiness of cases and this is being piloted in the Western Cape.

2525

Objective: Provide sound administrative support and guidance to regional offices to enable effective and efficient delivery of justice services to the communities



Improve capability of regional offices to improve delivery of justices services

25.1 Manage identified major risks and resolve 90% of Top 5 risks

90% 0% Improved Audit Outcomes as Assets, Procurement and Leave Benefits Qualifications have been resolved.

Key Risks to be managed:

Budget and Audit aspects

Infrastructure constraints

Capacity

Strengthen internal systems & controls

Fraud and Corruption

25.2 Achieve 80% implementation of funded priority projects aimed at improving internal control systems

80% 0% • Assessment is currently being made

• Court administration

capacity inadequate against exponential growth in demand for quantity and breadth of services. Training interventions are underway to upgrade skills to beef up human capacity within current budget constraints

2626

Objective: Provide sound administrative support and guidance to regional offices to enable effective and efficient delivery of justice services to the communities



Provide sound management of resources provided to the regions (human, finance, it and capital resources) by 2010

26.1 Ensure 65% of all staff undergo training on service delivery, IT and Asset, Financial Operations management

65% of

staff

2% •Justice College trained 68 admin officers, court interpreters, typists, admin clerks, and telecom operators.• Mpumalanga trained 336 Staff members trained in investigation and report-writing skills, mentoring and coaching, customer service, asset management, advanced skills for secretaries and PA’s, performance management, service excellence, and paralegal learnerships

•Need to strengthen capacity of the Justice College and accelerate implementation of training programmes

26.2 Achieve unqualified financial audits by 2010

100% 50% • See progress report on KPI 4.1& 4.2 on slide 5

2727

Objective: Improve delivery of services to comply with Batho Pele principlesOutput 27 KPI Target Year-to-

dateProgress Challenges/Interventions Status

Ensure efficient delivery of maintenance services

27.1 Ensure 80% of maintenance applications are resolved within 20 days of entry date

60% within 20 days

0% • Guidelines to ensure uniform applications, norms and standards for dealing with maintenance cases in courts are being finalized for the judiciary.

• Service Delivery Improvement Plan has been developed which includes dedicated training for Maintenance Court staff; electronic database access on maintenance cases

• Converted branch Courts to full Services courts??

27.2 Ensure maintenance client is served within 2 hours of being on queue

100% within 2 hours

0% • Development and distribution of simplified and updated pro formas

• Development of practical calculation tools for the clerks

• Development and distribution of plain language maintenance information sheets

• Development of norms and standards for maintenance staff are receiving attention

•Strengthening of capacity at court level remains a challenge

•Impact assessment not done yet

2828

Objective: Improve delivery of services to comply with Batho Pele principles



Improve Management of Courts to ensure effective &efficient delivery of justice services by 2010

28.1 100% of lost court records tracked and restored in ¼ of identified courts per region

100% 2% • Off-site storage pilot completed at 2 sites (Pretoria and Krugersdorp). A total of ± 13 million documents were scanned and taken off-site. The pilot facilitated the search and location of files and thereby eradicated the issue of missing records and files that were not able to be located.

• Pilot to be rolled out to all priority courts commencing with JHB MC, Pta HC, JHB HC, Dbn MC, CT HC.

• Blue-print approved• Legal Challenges

• Missing and lost records impacts on reviews and appeals. Missing and lost records are tracked and restored.

• The main challenge was at JHB MC and HC. Special interventions were introduced there to improve management of records (including capacity and compact shelving).

28.2 Reduce security incidences by 80%

80% reduction

0% • Pilot completed in Pretoria North Magistrate Court.• Installed minimum security in 14 courts

• Budget Constraints

• Delays in finalizing SLA, no building plans and resolution of heritage site issues

• Impact assessment not done yet

2929

Objective: Protect and promote the rights of vulnerable groups



Ensure compliance with Child Justice Act and Children’s Act

29.1 Implement Child Justice Act 2008 and reduce criminal cases involving children through diversion by 12%

12% reduction

18% reduction

•1214 children diverted• DGs ISCCJ Committee, the National Operations Committee and the Provincial Child Justice Fora are monitoring the implementation and impact of the Act monthly. • National Policy Framework on Child Justice tabled in Parliament 31 May 2010; to be published in Government Gazette for public comments soon.• Preliminary enquiries rolled out to all courts. First statistics expected 30 July 2010.

29.2 50% of Family Law cases finalized in each office per year by 2010

50% finalisation

0% •Western Cape has extended contracts of 9 children’s courts. Three training sessions held with children’s courts personnel in Cape Town, Worcester and Oudtshoorn.

•No reports from other regions????

3030

Objective: Protect and promote the rights of vulnerable groups



Ensure effective resolution of sexual offences, trafficking in persons, domestic violence and gender hate crimes

30.1 Develop National strategy for reduction of gender-based offences

100% 30% Draft National Strategy developed which cover:• JCPS Sexual Offences

National Policy Framework• JCPS Trafficking Framework

(and Task Team)• Hate Crimes Framework

The draft National Policy Framework will be presented to the DGs Intersectoral Committee on the management of Sexual Offences

30.2 Finalize Trafficking in persons Bill

100% 100 % •Bill submitted to Parliament in April 2010.

•Training was conducted in all 9 Provinces targeting CBOs and Stakeholders regarding awareness on Human Trafficking. 146 Officials were trained to conduct further outreach programs

3131

Objective: Promote Constitutional Development and strengthen participatory democracyOutput 31 KPI Target Year

-to-date

Progress Challenges/

Interventions

Status

Strengthen participative democracy and promote Constitution and human rights culture in the country

31.1 Establish a Branch responsible for Constitutional Development and appoint 4 critical staff

4 staff 0 • Workstudy investigation completed • The department is finalising proposals regarding

the Organisational Establishment of the department which will include a Branch Constitutional Development as well as a Communication Branch

31.2 Sign 60 service level agreements with Civil Society organizations by 2010

60 0 Delays in EU funding

31.3 Establish 15 new Community advise centres

15 0 • Consultation with civil society took place

31.4 Enable 80 civil society organizations to participate on public dialogue

80 0 Consultation with Civil Society organizations took place in nine provinces

31.5 Sign 20 new SLA to improve capacity of community advise centres by 2010

20 No Progress report

31.6 Provide support services to at least 10 000 Alien people (refugees, asylum seekers, migrants)

10000 No Progress report

31.7 Ensure compliance with PAIA Act by 2010

100% 14/39%

During the period under review a total of 39 requests were received. 5 were finalized within 30 days, the other 5 within 60 days and 4 requests transferred. 25 still pending

3232

Objective: Promote Constitutional Development and strengthen participatory democracy

Output 32 KPI Target Year-to-

date


Interventions

Status

Conduct Legal Research, prepare and promote justice legislation

32.1 Develop priority legislative instruments to improve access to justice and transform justice in the country by 2012.

100% of identified priority

legislation

50% • Superior Courts, Constitution Amendment

Legal Practice, and Magistrates Court Amendment Bills approved by Cabinet

•Child Justice Act 2008 operationalised•Eight research publications submitted to SALRC

3333

Objective: Improve Provision of Legal Services to the State Organs



Improve provision of legal advisory services to provincial and national departments

33.1 Finalize all request for legal opinion within 21 days of their date of entry by 2010

100% 91% • 66 opinions requested (excludes international agreements, bills and regulations)

• 60 finalized• 6 outstanding

33.2 Conduct a survey to show that 60% of the departments are satisfied with the legal advise provided by 2011

Survey

60% satisfaction rate

0% completion

-

• Plan developed to conduct the survey

3434

Objective: Improve Provision of Legal Services to the State Organs



Interventions

Status

Defend national and provincial departments from negative legal actions

34.1 Implement the Council Briefing policy by ensuring that 65% of the value of briefings are made to PDI and/or firms

65 % to PDI 84% •.585 briefs issued to private counsel.

.•84% (500) of total briefs went to previously disadvantaged people

•R55m (73%) of R75m paid out went to PDIs

34.2 Develop and implement the Legal Blue print framework to ensure efficient management of state litigation by 2013

100% 0% • Blue-print drafted and circulated for consultation purposes

34.3 Reduce the department’s legal costs by 25% of current value by 2013

( 8% p.a)

25 % of current value

0% reduction

• Costs have increased by 20.68%

3535

Objective: Administer deceased and insolvent estates, Guardian’s Fund & Trusts



Interventions

Status

Improve access to probate services

35.1 Capacitate at least 1 Magisterial Court per district to deliver probate services by 2011

402 magisterial offices

179 • Office follow-ups done: 253• Offices to be contacted: 149• Offices with technical

challenges: 74• Offices functioning properly: 179

35.2 Finalize all estate files for estates worth R125 000 and less within 4 months, and estates worth more than R125 000 within 12 months

100% within 4 months


100%

100%

21 614 estates completed

6351 estates completed

3636

Objective: Administer deceased and insolvent estates, Guardian’s Fund & Trusts



Interventions

Status

Improve administration of insolvency and liquidation services

37.1 Finalize all matters within 15 months of registration by 2011


100% All 6068 cases finalised

(average 30 days)

3737

CONCLUSION

Thank you

Q& A

the department of justice & constitutional development’s quarterly report

Documents

new cases

old cases

corruption cases3

defining of corruption

various cases

human capacity

corporate governance

anticorruption courts