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ANNUAL PERFORMANCE PLAN
2020-2021
Department of Justice and Constitutional Development
ANNUAL PERFORMANCE PLAN 2019/2020
RP 103/2018
ISBN: 978-0-621-46241-8
Tel: 012-315-1111
Private Bag X81, Pretoria, 0001
www.justice.gov.za
The Department of Justice and Constitutional Development Annual Performance Plan
LIST OF ACRONYMS
APP Annual Performance Plan
AVR Audio visual recording
BAS Basic Accounting System
CARA Criminal Assets Recovery Accounts
CCTV Closed-circuit television
Con-Court Constitutional Court
CPA Criminal Procedure Act
CPI Consumer Price Index
CRT Court Recording Technology
CSO Civil society organisation
DG Director-General
DDG Deputy Director-General
DHA DepartmentofHomeAffairs
DIRCO Department of International Relations and Cooperation
DPME Department of Planning, Monitoring and Evaluation
DPWI Department of Public Works and Infrastructure
DoJ&CD Department of Justice and Constitutional Development
ECMS Electronic case management system
EME Exempted Micro Enterprise
ENE Estimates of National Expenditure
GBVF Gender-based violence and femicide
GDP Growth Domestic Product
HR Human Resources
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
ICMS Integrated Case Management System
The Department of Justice and Constitutional Development Annual Performance Plan 3
ICT Information and Communication Technology
IJS Integrated Justice System
IT Information Technology
JCPS Justice, Crime Prevention and Security
JMIS Justice Management Information System
JYP Justice Yellow Page
Legal Aid SA Legal Aid South Africa
LGBTI Lesbian, Gay, Bisexual, Transgender and Intersex
MC Magistrates’ Court
MMS Middle Management Service
MOVIT Masters’ Own Verification Technology
MOU Memorandum of Understanding
MP Member of Parliament
MTBS Medium-Term Budget Statement
MTEF Medium-Term Expenditure Framework
MTSF Medium-Term Strategic Framework
NAP National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance
NDP National Development Plan
NDPP National Director of Public Prosecutions
NMRF National Mechanism for Reporting and Follow-up
NPA National Prosecuting Authority
NPS National Prosecutions Service
NRSO NationalRegisterforSexOffenders
NSP National Strategic Plan
NTT National Task Team
OCSLA OfficeoftheChiefStateLawAdviser
OSD OccupationSpecificDispensation
OWP OfficeforWitnessProtection
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan4
PAIA Promotion of Access to Information Act
PAJA Promotion of Administrative Justice Act
PCLU Priority Crimes Litigation Unit
PDI Previously Disadvantaged Individual
PEAS Paperless Estate Administration System
PEPUDA Promotion of Equality and Prevention of Unfair Discrimination Act
PRVG Promotion of the Rights of the Vulnerable Group
PSR Public Service Regulations
PFMA Public Finance Management Act
PTT Provincial Task Team
QSE Qualifying Small Enterprise
SADC Southern African Development Community
SCA Supreme Court of Appeal
SLA Service level agreement
SAHRC South African Human Rights Commission
SAJEI South Africa Judicial Education Institute
SALRC South African Law Reform Commission
SAPS South African Police Service
SCA Supreme Court of Appeal
SCCU Specialised Commercial Crime Unit
SIU Special Investigations Unit
TCC Thuthuzela Care Centre
TRC Truth and Reconciliation Commission
The Department of Justice and Constitutional Development Annual Performance Plan 5
Table Of Contents
OFFICIAL SIGN-OFF ................................................................................................ 8INTRODUCTION ..................................................................................................... 10
PART A: Our Mandate .......................................................................................... 121. Updates to the relevant legislative and policy mandates .......................... 122. Updates to institutional policies and strategies ......................................... 123. Updated to relevant court rulings ................................................................. 12
PART B: Our Strategic Focus .............................................................................. 124. Situational analysis ........................................................................................ 12
5. MEASURING PERFORMANCE: PROGRAMME 1: ADMINISTRATION ....... 135.1 Outcome, outputs, performance indicators and targets .................................. 14
5.2 Indicators, annual and quarterly targets for 2020/21 ....................................... 16
5.3 Outcome, outputs, performance indicators and targets .................................. 17
5.4 Indicators, annual and quarterly targets for 2020/21 ....................................... 18
5.5 Outcome, Outputs, Performance Indicators and Targets ................................ 18
5.6 Indicators, Annual and quarterly targets for 2020/21 ...................................... 19
5.7 Reconciling performance with the budget and MTEF ..................................... 19
6. MEASURING PERFORMANCE PROGRAMME 2: COURT SERVICES ........ 216.1 Outcomes, outputs, performance indicators and targets ................................ 22
6.2 Indicators, annual and quarterly targets for 2020/21 ....................................... 26
6.3 Outcome, outputs, performance indicators and targets .................................. 28
6.4 Indicators, annual and quarterly targets for 2020/21 ....................................... 28
6.5 Reconciling performance with the budget and MTEF ..................................... 29
7. MEASURING PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES ............................................................................... 31
7.1 Outcomes, outputs, performance indicators and targets ................................ 32
7.2 Indicators, annual and quarterly targets for 2020/21 ....................................... 34
7.3 Outcomes, outputs, performance indicators and targets ................................ 35
7.4 Indicators, annual and quarterly targets for 2020/21 ....................................... 36
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan6
7.5 Outcomes, outputs, performance indicators and targets ................................ 37
7.6 Indicators, annual and quarterly targets for 2020/21 ....................................... 39
7.7 Outcomes, outputs, performance indicators and targets ................................ 41
7.8 Indicators, annual and quarterly targets for 2020/21 ....................................... 41
7.9 Reconciling performance information with the budget and MTEF .................. 42
7.10 Indicators, annual and quarterly targets for 2020/21 ..................................... 46
7.11 Reconciling performance information with the budget and MTEF ................. 46
8. MEASURING PERFORMANCE PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY ...................................................... 50
8.1. Outcomes, outputs, performance indicators and targets for 2020/21 ........... 51
8.2 Indicators, annual and quarterly targets for 2020/21 ....................................... 52
8.3 Outcomes, outputs, performance indicators and targets ................................ 53
8.4 Indicators, annual and quarterly targets for 2020/21 ....................................... 53
8.5 Reconciling performance information with the budget and MTEF .................. 54
The number of posts in this programme is expected to be 4 610 by 2022/23. ..... 55
9. MEASURING PERFORMANCE OF PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES .............................................................................. 56
9.1 Outcomes, outputs, performance indicators and targets for 2020/21 ............ 57
9.2 Indicators, annual and quarterly targets for 2020/21 ....................................... 58
9.3 Reconciling performance information with the budget and MTEF .................. 59
10. LONG-TERM INFRASTRUCTURE PLAN ...................................................... 61
11. CONDITIONAL GRANTS ............................................................................... 65
12. PUBLIC ENTITIES AND CONSTITUTIONAL INSTITUTIONS ....................... 65
13. PUBLIC-PRIVATE PARTNERSHIPS ............................................................... 65
RISK MANAGEMENT ............................................................................................ 66
PART C: TECHNICAL INDICATOR DESCRIPTIONS (TID) .................................. 68
The Department of Justice and Constitutional Development Annual Performance Plan 7
Official Sign-Off
ItisherebycertifiedthatthisAnnualPerformancePlan:
- Was developed by the management of the Department of Justice and Constitutional Development, under the guidance of the Minister of Justice and Correctional Services, Ronald Lamola, MP;
- Was developed in line with the current Strategic Plan of the Department of Justice and Constitutional Development;
- AccuratelyreflectstheoutcomesandoutputsthattheDepartmentofJusticeandConstitutionalDevelopmentwillendeavourtoachievein2020/21financialyear.
- Is aligned with the National Development Plan 2030 and the Medium-Term Strategic Framework.
Mr Donald Mpholo Signature: _____________________________
Acting DDG: Corporate Services
Mr TZ Malema Signature: _____________________________
Acting DDG: Court Services
Ms Susan Masapu Signature: _____________________________
ActingDDG:OfficeoftheChiefStateLawAdviser
Ms Theresia Bezuidenhout Signature: _____________________________
Acting DDG: Master of the High Court
Ms Kalayvani Pillay Signature: _____________________________
DDG: Legislative Development
Ms Gabriela La Foy Signature: _____________________________
DDG: Constitutional Development
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan8
Mr Johan Johnson Signature: ___________________________
ActingChiefFinancialOfficer
Mr Fhatuwani Gelebe Signature: _____________________________
Chief Director: Strategy, Monitoring and Evaluation
Ms Karen van Rensburg Signature: _____________________________
ChiefExecutiveOfficer:NationalProsecutingAuthority
Advocate Shamila Batohi Signature: _____________________________
National Director of Public Prosecutions
Advocate Jacob Skosana Signature: _____________________________
Acting Director-General: Justice and Constitutional Development
Mr F Pandelani Signature: _____________________________
Acting Solicitor General
Mr John Jeffery Signature: ______________________________
Deputy Minister: Justice and Constitutional Development
Approved by
Mr Ronald Lamola, MP Signature____________________________
Minister of Justice and Correctional Services
The Department of Justice and Constitutional Development Annual Performance Plan 9
Introduction
The Department of Justice and Constitutional Development (the DOJ&CD) held its strategic planning sessions from 15 to 17 August 2019 and from 20 to 24 October 2019. The purpose of these sessions was to review the department’s Strategic Plan and the Annual Performance Plan. Prior to the above departmental strategic planning sessions, the various branches of the department held their own strategic planning sessions to provide an opportunity for broad inclusivity in the departmental planning exercise. During the departmental planning sessions, the department’s impact statement, outcomes statement, outcome indicators and key performance indicators were developed.
The revision of the Strategic Plan and Annual Performance Plan was prepared in line with the new Framework for Strategic Plans and Annual Performance Plans. The framework requires government departments to use the Theory of Change approach when developing their plans. The framework further requires departments to develop impact statements that they aim to achieve when executing their mandate. The impact statement should also be accompanied by outcomes that will assist the department to realise its impact statement. The Department of Justice and Constitutional Development has developed seven (7) departmental outcomes statements. The outcome statements are:
a. Increased capability and capacity of the Department and good governance;
b. Modernised and digitised justice services platforms;
c. Increased access to justice service
d. Transformed colonials/apartheid era justice related legislation;
e. Advanced constitutionalism, human rights and the rule of law;
f. Crimeandcorruptionreducedthrougheffectiveprosecution;
Details on how various programmes will contribute to the department’s outcomes are provided under the section which deals with progamme measures. Various programmes contribute not only to a specificoutcome,buttoanumberofoutcomesasfollows:
a. Programme 1 contributes to Outcomes 1 and 2
b. Programme 2 contributes to Outcomes 2, 3 and 6
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan10
c. Programme 3 contributes to Outcomes 3, 4, 5 and 6
d. Programme 4 contributes to Outcomes 3 and 7
e. Programme 5 contributes to Outcome 2
Withinthesevenprioritiesofgovernmentidentified,thedepartmentplaysamajorroleinPriority6:SocialCohesion and Safe Communities. The department included outcomes and indicators in its Strategic Plan and in this Annual Performance Plan in order to fully align with the government’s Programme of Action and the Medium-Term Strategic Framework (MTSF). In addition, the plan includes planned initiatives to develop electronic systems to digitise and automate justice processes aimed at improving the delivery of services rendered to the public. During the 2020/21 Medium-Term Expenditure (MTEF) cycle, court administration processes, including the Child and Spousal Maintenance applications and Domestic Violence Act applications which include Protection Orders, will be automated to enable such services to be provided online as far as possible.
TheStrategicPlanandthisplancoverallfiveprogrammesofthedepartmentwhichare:
a. Administration
b. Court Administration
c. State Legal Services
d. National Prosecuting Authority
e. Auxiliary and Associated Services
The progress of these plans will be used as the basis for preparing quarterly reports and annual reports as well as mid-term and full-term progress reports against the implementation of the strategic plan.
The Department of Justice and Constitutional Development Annual Performance Plan 11
Part A: Our Mandate
1. UPDATES TO THE RELEVANT LEGISLATIVE AND POLICY MANDATES
Detailed relevant legislative and policy mandates are provided in the 2020-25 Strategic Plan
2. UPDATES TO INSTITUTIONAL POLICIES AND STRATEGIES
Detailed institutional policies are provided in the 2020-25 Strategic Plan
3. UPDATED TO RELEVANT COURT RULINGS
Relevant court rulings are provided in the 2020-25 Strategic Plan
Part B: Our Strategic Focus
4. SITUATIONAL ANALYSIS
4.1 External environment analysis
Detailed external environment analysis is provided in the 2020-25 Strategic Plan
4.2 Internal environment
Detailed internal environment analysis is provided in the 2020-25 Strategic Plan
The Department of Justice and Constitutional Development Annual Performance Plan12
5. MEASURING PERFORMANCE: PROGRAMME 1: ADMINISTRATION
The purpose of the programme is to provide strategic leadership, management and supportservices to the department.
This programme comprises the following sub-programmes:
i. Ministry: Provides leadership and policy direction to the DoJ&CD.
ii. Management: Provides strategic leadership and overall management through the following sub-programmes: Branch Coordination and Service Delivery Improvement (BCSDI) including the management of the complaint handling mechanism (Call Centre); Policy Development and Coordination; and Strategic Planning, Monitoring and Evaluation.
iii. Corporate Services: Provides integrated business solutions in Human Resource Management (HR) and Human Resource Development (HRD); Information and Systems Management (ISM) which is responsible for Information and Communication Technology (ICT); the coordination of the DoJ&CD’s Legal and Employee Relations Management Services (LERMS); and Public Education and Communications (PEC); and justice related training, practical legal training and empowerment programmes across the justice sector provided through the Justice College.
iv. Financial Administration: Provides financial services to the DoJ&CD with respect tofinancialresourceallocation andmanagementtoaidinthefulfilmentofthedepartment’sgoals and objectives as well as supply chain management functions.
v. Internal Audit and Risk Management: Assists the accounting officer in maintainingefficient and effective controls and evaluates those controls’ ability to determine theireffectivenessandefficiency,inordertodeveloprecommendationswithregardtheretoaswell as management of risks.
vi. Office Accommodation: Provides for accommodation charges, leased agreements and municipal rates.
13The Department of Justice and Constitutional Development Annual Performance Plan
5.1 Outcome, outputs, performance indicators and targets
Table 1: Outcome, outputs, performance indicators and targets (detailed information on the indicators is provided in Annexure B)
Outcome 1: Improved capability and capacity of the department and good governance
Outputs Output
indicators
Audited performance Estimated performance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
1.1 Resolved findingsonkeyspecificareas
1.1.1 Percentage ofsignificantfindingsonkeyspecificareasresolved
- - - 100% 100% 100% 100%
1.2 Resolved incidents of corruption in the department
1.2.1 Percentage of reported incidents of corruption resolved through the departmental Disciplinary Code and Procedure for the Public Service
- - - - 70% 85% 90%
1.3 Middle Management Services (MMS) posts occupied by Africans and Women
1.3.1 Percentage of MMS posts occupied by Africans and women
- - - 58% Africans
45,3% Women
59% Africans
46% Women
60% Africans
47% Women
61% Africans
48% Women
1.4 People with disability appointed
1.4.1 Percentage of total workforce positions occupied by people with disability
- - - 2,19% 2.2% 2.3% 2.4%
1.5 Procurement allocated to EME and QES
1.5.1 Percentage of Rand Value of Discretionary Procurement allocated to Exempted Micro Enterprises (EMEs) and Qualifying Small Enterprises (QSEs)
- - - 59% Africans
40% 40%
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan14
Outcome 1: Improved capability and capacity of the department and good governance
Outputs Output
indicators
Audited performance Estimated performance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
1.6 Depart-mental re-configurationand structure implemented
1.6.1 Depart-ment’sreconfig-uration and struc-ture implemented by target date
46% Women Depart-ment’s reconfig-uration and Macro structure to be finalisedby 31 March 2021
50% im-plemen-tation of the approved recon-figurednstructure
100% im-plemen-tation of the approved reconfig-ured de-partment structure
1.7 Trained personnel
1.7.1 Number of people trained as per the Workplace Skills Plan (WSP)
- - - 60% Africans
4000
5 000 6 000
1.8 Undisputed and valid invoices paid within 30 days
1.8.1 Percentage of undisputed and valid invoices paid within 30 days from date of receipt
- - - 99% 100% 100% 100%
1.9 CARA allocated funds report
1.91. Number of bi-annual reports on allocated CARA funds completed
- - - - 2 2 2
1.10 Covid 19 Risk adjusted Plan Imple-mentation Report
1.10.1 Number of reports on the implementation of Covid-19 risk adjusted plan
- - - - 2 2 2
1.11.1 Ap-proved securi-ty model
2.17.1 Security model for courts and service points imple-mented by target date
- - - - Securi-ty risk assess-ment Report finalisedby 31 March 2021
Security strate-gy and model approved
Full im-plemen-tation of the approved security model
The Department of Justice and Constitutional Development Annual Performance Plan 15
5.2 Indicators, annual and quarterly targets for 2020/21
Table 2: Output indicators, annual and quarterly targets for 2020/21
Outcome 1: Improved capability and capacity of the department and good governance
Output indicators Annual target for 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
1.1.1 Percentage of significantfindingsonkeyspecificareasresolved
100% - - 50% 100%
1.2.1 Percentage of reported incidents of corruption resolved through the departmental Disciplinary Code and Procedure for the Public Service
70% - 20% 55% 70%
1.3.1 Percentage of total MMS posts occupied by Africans and women
59% Africans46% Women
59% Africans46% Women
59% Africans46 % Women
59% Africans46% women
59% Africans46% Women
1.4.1 Percentage of total workforce positions occupied by people with disability
2.2% 2.2% 2.2% 2.2% 2.2%
1.5.1 Percentage of Rand Value of Discretionary Procurement allocated to EMEs and QSEs
30% 30% 30% 30% 30%
1.6.1 Department’s reconfiguredmacrostructurefinalisedbytarget date
Department reconfiguredmacro structure to be finalisedby31March 2021
Research Reconfigurationand drafting of department macro structure
Consultation on draft reconfiguredmacro structure
Department reconfiguredmacro structure to be finalisedby31March 2021
1.7.1 Number of people trained in line with workplace skills plan
4 000 1 000 2 000 3 000 4 000
1.8.1 Percentage of undisputed and valid invoices paid within 30 days from date of receipt
100% 100% 100% 100% 100%
1.9.1 Number of biannual reports on allocated CARA funds completed
2 - 1 - 2
1.10.1 Number of biannual reports on the implementation of Covid-19 Risk Adjusted Plan
2 - 1 - 2
1.11.1 Security risk model for court and service points implemented
Security risk assessment reportfinalisedby 31 March 2021
Drafting of terms of reference and advertisement
Appointment of service provider and commence-ment of drafting the assessment report
Draft assessment Report
Security assessment reportfinalisedby 31 March 2021
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan16
5.3 Outcome, outputs, performance indicators and targets
Table 3: Outcome, outputs, performance indicators and targets (detailed information on the indicators is provided in Annexure B)
Outcome 2: Modernised and digitised justice services platforms
Outputs Output
indicators
Audited performance Estimated performance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
2.1 Mod-ernisation of Court Admin-istration processes
2.1.1 Number of sites where Audio-visual Remand sys-tem is rolled out
- - - - 18 20 22
2.1.2 Number of sites where Cashless Court Solu-tion (EFT and speedpoint payments) is deployed
- - - - 25 - -
2.1.3 E-Sub-missions solution deployed by target date.
_ _ _ _ E-Sub-missions (Memos and Par-liamentary Reports) deployed by 30 september 2020
- -
2.1.4 Num-ber of sites where Virtual Platforms Solution (VPS) (Video Conferencing) was deployed
_ _ _ _ 12 sites Other identifiedsites deployed.
Other iden-tifiedsitesdeployed.
The Department of Justice and Constitutional Development Annual Performance Plan 17
5.4 Indicators, annual and quarterly targets for 2020/21
Table 4: Output indicators, annual and quarterly targets for 2020/21
Outcome 2: Modernised and digitised justice services platforms
Output indicators Annual target for 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
2.1.1 Number of sites where Audio-visual Remand system is rolled out
18 0 6 12 18
2.1.2 Number of sites where Cashless Court Solution
25 Business Requirements completed.
Conceptual Design completed.
Implementation Roadmap completed.
Analysis & design completed.
Development completed.
Testing completed.
25
2.1.3 E-Submissions solution deployed by target date.
E-Submissions for Memos and Parliamentary Reports deployed by 30 September 2020.
_ E-Submissions for Memos and Parliamentary reports deployed by 30 September 2020.
- -
2.1.4 Number of sites where Virtual Platforms Solution (VPS) is deployed
12 sites _ Video Conferencing Solution implemented at 3 sites.
Video Conferencing Solution implemented at 6 sites.
12 sites
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan18
5.5 Reconciling performance with the budget and MTEF
The budget for Programme 1, as detailed in the ENE for 2020/21, is shown below.
Table 7: Administration budget
Sub-programme Audited outcome Adjustedappropriation
Medium-term expenditureestimate
R million 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23
Ministry 35.6 34.1 33.6 36.6 39.2 41.6 43.2
Management 47.7 50.2 49.9 56.5 61.3 65.1 67.5
Corporate Services 513.4 426.1 629.6 720.9 474.1 503.0 521.5
Financial Administration 196.6 217.6 203.1 223.2 233.6 248.0 256.9
Internal Audit 86.6 83.9 83.0 93.8 100.1 106.4 110.4
OfficeAccommodation 1 072.9 1 146.1 1 429.6 1 372.7 1448.2 1 527.8 1 601.2
Total 1 952.8 1 958.1 2 428.8 2 503.7 2 356.5 2 491.9 2 600.7
Change to 2019
budget estimate
(0.8) (10.4) (11.2) (12.3)
Economic classification
Current payments 1 926.3 1 916.2 2 247.9 2 461.3 2 325.6 2 458.9 2 549.7
Compensation of employees
532.7 516.4 525.4 602.5 630.1 670.7 695.7
Goods and services 1 393.5 1 399.8 1 822.5 1 858.8 1 695.5 1 788.2 1 870.5
of which:
Advertising 18.6 14.0 13.8 17.5 20.8 20.4 21.7
Audit costs: external 37.5 43.7 43 .0 43.2 41.8 44.1 44.6
Computer services 44.1 20.5 37.1 22.5 18.2 19.3 19.0
Operating leases 805.0 732.6 1 076.7 919.2 960.7 1 013.6 1 051.2
Property payments 269.4 414.5 365.7 465.0 488.5 515.3 551.0
Travel and subsistence 91.4 94.3 74.9 73.0 72.4 76.6 82.0
Transfers and subsidies 17.2 17.7 19.5 20.9 18.6 19.7 20.4
Provinces and municipalities
0.0 0.0 0.0 0.0 0.0 00 0.0
Departmental agencies and accounts
14.5 15.4 16.1 17.4 18.3 19.4 20.1
Foreign governments and international organisations
Households 2.6 2.3 3.3 3.5 0.3 0.3 0.3
The Department of Justice and Constitutional Development Annual Performance Plan 19
Payments for capital assets
8.5 10.0 60.0 21.5 12.2 13.4 14.1
Buildingsandotherfixedstructures
Machinery and equipment
8.5
-
10.0
0.3
59.7
0.2
17.7
-
12.2
-
13.4
-
14.1
Software and other intangible assets
- – – 3.7 – – –
Payments for financial assets
0.8 14.2 1.5 0.0 – – –
Total 1 952.8 1 958.1 2.428.8 2 503.7 2 356.5 2 491.9 2 600.7
EXPENDITURE TRENDS
The spending focus under this programme is mainly on personnel, audit fees, operating leases, property payments, and travel and subsistence. The number of posts in this programme is expected to be 1 064 by 2022/23.
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan20
6. MEASURING PERFORMANCE PROGRAMME 2: COURT SERVICES
The purpose of this programme is to two-fold:
(a) To facilitate the speedy resolution of criminal cases, civil and family law disputes by providing accessible, efficient and strategic court administration support functions inrespect of the lower courts; and
(b) The management of facilities and justice security services in respect of facilities for which DoJ&CD is responsible.
The programme consists of the following sub-programmes:
i. Lower Courts:Coordinationandmanagementofaneffectiveandefficientcriminalandciviljustice systems; Protection of the Rights of Vulnerable Persons (PRVP) which is responsible fortheestablishmentofSexualOffencesCourtsandthedevelopmentandimplementationof measures to reduce gender-based violence and femicide (GBVF) and the protection of children; Special Tribunals and Commissions of Inquiry which focuses on the facilitation and coordination of the Special Tribunals and Commissions of Inquiry appointed in terms of the Commissions of Inquiry Act, 1947 and other applicable legislation.
ii. Family Advocate: RelatestoservicesoftheOfficeoftheFamilyAdvocateinrespectoflitigation andmediation services affecting children and child and spousalmaintenanceservices.
iii. Magistrates Commission: Established in terms of the Magistrates Act, 1993, and which regulates the appointment, tenure and discharge of magistrates.
iv. Facilities Management: Focuses on the provision and management of facilities in respect of the Ministry, the DoJ&CD, Office of the Chief Justice (OCJ), National ProsecutingAuthority (NPA), courts and justice service points; Justice Security Services focuses on theprovisionandmanagementofsecurityservicesinrespectofallofficesoftheDoJ&CD,OfficeoftheChiefJustice,NationalProsecutingAuthority(NPA),courtsandjusticeservicepoints.
v. Administration of Lower Courts: Focuses on the coordination of the administration of justiceservicesatthenineregionalofficesofthedepartment.
The Department of Justice and Constitutional Development Annual Performance Plan 21
6.1 Outcomes, outputs, performance indicators and targets
Table 8: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 3: Increased access to justice services
Outputs Output indicators
Audited performance Estimatedperformance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
3.1 Phase of Femicide Watch system
3.1.1 Phases of Femicide Watch competed as required by article 15 of Presidential Summit Declaration against GBVF, 2019 and the National Strategic Plan (NSP) on GBVF
Phase 1 Phase 2
Finalisation of identifieddata
metrics for the Femicide Watch Dash-
board
Phase 3
Femicide Watch
Dashboard report
published by 31 March 2021
Phase 4 Phase 5
3.2 Updated criminal cases on ICMS: Criminal
3.2.1 Number of “unreturned” 1criminal cases on the Integrated Case Management System (ICMS): Criminal
- - - <7905 <1 800 <1700 <1600
3.3 Criminal cases postponed due to unavailability of court administration staff
3.3.1 Percentage of criminal cases postponed due to unavailability of court administration staff
0.18% 0,23% ≤0.3% ≤0.3% 1% 0.3% 0.3%
3.4 Finalised child justice preliminary inquiries within 90 days after dateoffirstappearance
3.4.1 Percentage of child justice preliminary inquiries finalisedwithin90 days after dateoffirstappearance
- - 97% 85% 88% 90% 90%
1 Unreturned case means an open case that has not been updated on the system within 5 days from the last appearance date
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan22
Outcome 3: Increased access to justice services
Outputs Output indicators
Audited performance Estimatedperformance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
3.5 NRSO Clearance Certificatesissued to applicants
3.5.1 Percentage of NRSO Clearance Certificatesissued to applicants
- - - - 100% 100% 100%
3.6 Sexual OffencesCourts designated in terms of section 55(A] of the Criminal Law (Sexual Offencesand Related Matters) Amendment Act, 2007
3.6.1 Number of additional courts designated in terms of section 55(A) of the Criminal Law (Sexual Offencesand Related Matters) Amendment Act, 2007 of as sexual offencesinlinewith the 2018 Presidential Summit declaration against GBVF
- - - - 27 36 36
3.7 New court buildings
3.7.1 Number of new court buildings completed
- 2 3
Plettenberg Bay,
Dimbaza,
Booysens
3
Port Shepstone MC,
Bityi,
Mpumalanga HC
2
Dimbaza MC, Durban Family Court
1
Port Shepstone MC
2
Jan Kemps-dorp
MC,
Keimoes MC
3.8 Term contracts for unplanned maintenance for facilities
3.8.1 Number of facilities with term contracts for unplanned maintenance
- - - - 10 45 60
The Department of Justice and Constitutional Development Annual Performance Plan 23
Outcome 3: Increased access to justice services
Outputs Output indicators
Audited performance Estimatedperformance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
3.9 Disability-related complaints and investigations where reasonable measures were provided (level of access to justice by sex, age, and disability)
3.9.1 Percentage of disability-related complaints and investigations where reasonable measures were provided (level of access to justice by sex, age and disability)
- - - - Policy framework on man-agement of disability complains and inves-tigations
15% 30%
3.10 Litigation matters finalisedwithin12 months from the date of opening the matter
3.10.1 Percentage of family litigation matters finalisedwithin12 months from the date of opening the matter
- - 37% 80% 40% 84% 87%
3.11 Non-litigation matters finalisedwithin6 months from the date of opening the matter
3.11.1 Percentage of family non-litigation matters finalisedwithin6 months from the date of opening the matter
- - 95% 60%2 35% 65% 70%
3.12 Maintenance matters finalisedwithin90 days from the date of proper service of process
3.12.1. Percentage of maintenance matters finalisedwithin90 days from the date of proper service of process
82% - 74% 72% 72% 73% 74%
2 Target pitched low due to severe capacity constraints. Existing capacity redeployed to the litigation stream
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan24
Outcome 3: Increased access to justice services
Outputs Output indicators
Audited performance Estimatedperformance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
3.13 Policy to review Criminal justice system
3.13.1Policy recommen-dations for the review of the Criminal Procedure Act submitted to the Minister by target date
- - - - Terms of reference and Policy Framework for the re-view of the Criminal Proce-dure Act submitted to the Min-ister by 31 March 2021
Draft Policy recommen-dations for the review of the Criminal Procedure Act submit-ted to the Minister by 31 March 2022
-
3.14. Draft Pol-icy to Reform Civil and Fami-ly Law system
3.14.1Draft Policy to review of the civil justice system and Family Law services submitted to the Minister by target date
- - - Terms of Reference and Policy Framework for the review of the civil justice sys-tem and Family Law Services submit-ted to the Minister by 31 March 2021
3.15 Finalised backlog cases
3.15.1 Percentage of backlog cases on the Priority Rollfinalised
- - - - 20% 25% 30%
The Department of Justice and Constitutional Development Annual Performance Plan 25
6.2 Indicators, annual and quarterly targets for 2020/21
Table 9: Programme performance indicators and quarterly targets
Outcome 3: Increased access to justice services
Output indicators Annual target 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
3.1.1 Phases of the Femicide Watch completed, as required by article 15 of the Presidential Summit Declaration against GBVF, 2019 and the National Strategic Plan (NSP) on GBVF
Phase 3 Femicide
Watch Dashboard
report published by
31 March 2021
- Develop scoping document analysis report on Femicide Watch
Data metrics definitionsheets developed
Phase 3 Femicide Watch Dashboard
Report published by 31 March 2021
3.2.1 Number of “unreturned” criminal cases on the Integrated Case Management System (ICMS): Criminal
<1800 <7 905 <5200 <2800 <1800
3.3.1 Percentage of criminal cas-es postponed due to unavailabil-ityofcourtadministrationstaff
1% 1% 1% 1% 1%
3.4.1 Percentage of child justice preliminaryinquiriesfinalisedwithin90daysafterdateoffirstappearance
88% 88% 88% 88% 88%
3.5.1 Percentage of NRSO ClearanceCertificatesissuedtoapplicants
100% 100% 100% 100% 100%
3.6.1 Number of additional courts designated in terms of section 55(A) of the Criminal Law (SexualOffencesandRelatedMatters) Amendment Act, 2007 ofassexualoffencesinlinewiththe 2018 Presidential Summit declaration against GBVF
27 - Consult judiciary and other stakeholders
Procure resources as per Regulations
Minister designates and gazettes all 15 Sexual OffencesCourts
3.7.1 Number of new court buildings completed
2 - - 1 1
3.8.1 Number of facilities with term contracts for unplanned maintenance
10 - - - 10
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan26
Outcome 3: Increased access to justice services
Output indicators Annual target 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
3.9.1 Percentage of disability-related complaints and investigations where reasonable measures were provided (level of access to justice by sex, age and disability)
Policy frame-work on management of disability complains and investigations developed by 31 March 2021
- - - Policy framework on management of disability complains and investiga-tions devel-oped by 31 March 2021
3.10.1 Percentage of Family Advocate litigation matters finalisedwithin12monthsfromthe date of opening the matter
40% 40% 40% 40% 40%
3.11.1 Percentage of Family Advocate non-litigation matters finalisedwithin6monthsfromthe date of opening the matter
35% 35% 35% 35% 35%
3.12.1 Percentage of maintenancemattersfinalisedwithin 90 days from the date of proper service of process
72% 72% 72% 72% 72%
3.13.1. Policy recommendations for the review of the Criminal Procedure Act submitted to the Minister by target date
Terms of Reference and Policy Framework for the review of the Criminal Procedure Act to be submitted to the Minister by 31 March 2021
Develop the Terms of Reference
Development of Policy Framework
Consultation on Draft policy framework and Terms of Reference
Terms of Reference and Policy Framework for the review of the Criminal Procedure Act to be submitted to the Minister by 31 March 2021
3.14.1 Policy Framework developed for the review of the civil justice system and Family Law services submitted to the Minister by target date
Terms of Reference and Policy Framework for the review of the civil justice system and Family Law Services submitted to the Minister by 31 March 2021
Develop the Terms of Reference
Development of Policy Framework
Consultation on Draft policy framework and Terms of Reference
Terms of Reference and Policy Framework for the review of the civil justice system and Family Law Services submitted to the Minister by 31 March 2021
The Department of Justice and Constitutional Development Annual Performance Plan 27
Outcome 3: Increased access to justice services
Output indicators Annual target 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
3.15.1 Percentage of backlog casesonthePriorityrollfinalised
20% 6% 14 20%
6.3 Outcome, outputs, performance indicators and targets
Table 10: Outcome, outputs, performance indicators and targets (detailed information on the indicators is provided in Annexure B)
Outcome 7: Crime and corruption reduced through effective prosecution
Outputs Outputindicators
Audited performance Estimated performance
2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
9.1 Dedicated Specialised Commercial Courts (Serious Economic Crimes Courts)
9.1.1 Number of dedicated Spe-cialised Commer-cial Crime Courts infiveprovinces(Limpopo, North West, Eastern Cape, Mpumalan-ga and Free State)
- - - 2 2 1
6.4 Indicators, annual and quarterly targets for 2020/21
Table 11: Output indicators, annual and quarterly targets for 2020/21
Outcome 7: Crime and corruption reduced through effective prosecution
Output indicators Annual target for 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
9.1.1 Number of dedicated specialised Commercial Crimes Courtsestablishedinfiveprov-inces (Limpopo, North West, Eastern Cape, Mpumalanga and Free state)
2 - Consultation with stakeholder and site identification
Site resourcing and enrolment of cases
Two functionalCommercialCrimes Courts
The Department of Justice and Constitutional Development Annual Performance Plan28 The Department of Justice and Constitutional Development Annual Performance Plan
6.5 Reconciling performance with the budget and MTEF
The budget for Programme 2, as detailed in the ENE for 2020/21, is shown below.
Table 12: Court Services budget
Sub-programme Audited outcome Adjustedappropriation
Medium-term expenditureestimate
R million 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23
Lower Courts 4 400.0 4 585.9 4 732.1 5 144.9 5 280.9 5 672.28 5 867.4
Family Advocate 209.8 211.3 224.6 253.5 270.9 288.0 298.3
Magistrates Commission 12.4 13.3 13.8 21.6 21.5 22.8 23.5
Facilities Management 1 101.0 994.2 813.0 656.1 939.0 991.7 1 038..0
Administration of Lower Courts
549.4 535.9 536.4 660.8 668.0 713.7 780.1
Total 6 272.6 6 340.6 6 320.1 6 736.9 7 180.3 7 688.4 8 007.3
Change to 2019 budget estimate
(88.0) (110.3) (121.0) (62.2)
Economic classification
Current payments 5 105.6 5 269.6 5 399.8 6 037.9 6 186.8 6 641.3 6 911.1
Compensation of employees 3 667.3 3 783.6 3 920.2 4 324.8 4 622.2 4 923.3 5 167.8
Goods and services 1 438.3 1 486.0 1 479.5 1 713.2 1 564.6 1 718.0 1 743.3
of which:
Communication 101.0 88.9 85.0 94.8 98.1 103.8 103.3
agency and support/out-sourced services
162.9 121.9 49.2 193.4 89.6 87.0 94.4
Consumables: stationery, printing and office supplies
138.2 142.0 172.4 171.4 195.2 192.1 191.6
Property payments 477.8 593.0 596.3 675.4 662.5 646.8 674.4
Travel and subsistence 188.3 188.0 208.8 173.7 179.4 224.8 214.1
Operating payments 75.5 67.6 77.8 118.1 107.6 189.0 180.2
Transfers and subsidies 24.6 27.6 29.5 29.8 31.0 32.8 34.3
Provinces and municipalities 0.6 0.6 0.5 07 0.7 0.8 0.8
Departmental agencies and accounts
Households
0.1 0.0 0.0 0.0 0.0 0.0 0.0
23.9 26.9 28.9 29.1 30.2 32.0 33.4
1 136.3 1 035.9 874.5 668.9 962.5 1 014.3 1 062.0
Buildingsandotherfixedstructures
1 023.0 963.8 795.8 510.6 874.4 922.6 966.7
Machinery and equipment 113.1 72.1 78.7 158.2 88.1 91.8 95.3
The Department of Justice and Constitutional Development Annual Performance Plan 29
Software and other intangible assets
0.2 – – 0.1 – – –
Payments for financial assets
6.2 7.5 16.4 0.2 – – –
Total 6 272.6 6 340.6 6 320.1 6 736.9 7 180.3 7 688.4 8 007.3
EXPENDITURE TRENDS
The programme received additional funding amounting to R120 million to fund the Specialised Criminal Court Unit and R123 million to fund the Integrated Criminal Justice Strategy over the medium term. The number of posts in this programme is expected to be 12 874 by 2022/23.
The Department of Justice and Constitutional Development Annual Performance Plan30
7. MEASURING PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES
The aim of this programme is to provide legal and legislative services to the department andgovernment broadly; supervise the registration of trusts; the administration of deceased and insolvent estates and estates undergoing liquidation; manage the Guardian’s Fund; facilitate constitutional development and undertake research.
The programme consists of the following sub-programmes:
i. State Law Advisory Services: ProvideslegaladvisoryservicesbytheOfficeoftheChiefState Law Adviser to the Executive, all state departments, state-owned enterprises and autonomous government bodies.
ii. Litigation and Legal Services: Provides state litigation services which relates to the functionsoftheSolicitor-GeneralandOfficesoftheStateAttorney,includingconveyancingand notary services in respect of all government departments and other organs of State as may be determined in terms of the State Attorney Amendment Act.
iii. Legislative Development and Law Reform: Conducts research and prepares and promotes new legislation and amends existing legislation.
iv. Master of the High Court: Is responsible for functions relating to the administration of deceased and insolvent estates, trusts, curatorship and the Guardian’s Fund performed throughthevariousofficesoftheMastercountrywide.
v. Constitutional Development: Coordinates the implementation of constitutionally mandated legislation such as the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) and the Promotion of Administrative Justice Act 2000; the preparation and submission of country reports; coordination of the implementation of the National Action Plan (NAP) to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance); and conducts research on various constitutional related matters.
31
7.1 Outcomes, outputs, performance indicators and targets3
Table 13: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 4: Transformed Masters services
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
4.1 Liqui-dation and distribution accounts in large estates (>250 000) examined within 15 days from receipt of all required documents
4.1.1 Per-centage of Liquidation and dis-tribution accounts in large estates (>250 000) examined within 15 days from receipt of all required documents
90% 93% 93% 91% 75% 90% 93%
4.2 Letters of appoint-ment issued in deceased estates within 15 days from receipt of all required doc-uments
4.2.1 Per-centage of letters of appointment issued in de-ceased es-tates within 15 days from receipt of all required documents
96% 95% 94% 92% 75% 90% 95%
4.3Beneficia-ries in receipt of services within 40 days from receipt of all required documents (Guardian’s Fund)
4.3.1 Per-centage of beneficiariesin receipt of services within 40 days from receipt of all required documents (Guardian’s Fund)
87% 96% 95% 92% 83% 90% 95%
3 Targets for indicators 2.19.1 to 2.27.1 were reduced due to the COVID-19 Lockdown which will create huge backlogs, and which will result in high targets not being met; and the envisaged rollout of new automation projects will result in time down for systems, creating backlogs.
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan32
Outcome 4: Transformed Masters services
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
4.4 Certif-icates of appointment issued in all bankruptcy matters within 10 days from receipt of all required doc-uments
4.4.1 Per-centage of certificatesof appoint-ment issued in all bank-ruptcy mat-ters within 10 days from receipt of all required documents
93% 94% 96% 91% 75% 90% 94%
4.5 Liquidation and distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents
4.5.1 Percentage of liquidation and distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents
97% 96% 98% 93% 75% 90% 95%
4.6 Letters of authority issued in trusts within 14 days from receipt of all required documents
4.6.1 Percentage of letters of authority issued in trusts within 14 days from receipt of all required documents
90% 82% 83% 85% 70% 80% 85%
4.7 Letters of appointment issued in curatorship estates within 15 days from receipt of all required documents
4.7.1 Percentage of letters of appointment issued in curatorship estates within 15 days from receipt of all required documents
- - - 90% 75% 90% 93%
The Department of Justice and Constitutional Development Annual Performance Plan 33
Outcome 4: Transformed Masters services
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
4.8 Liquidation and distribution accounts in curatorship estates examined within 30 days from receipt of all required documents
4.8.1 Percentage of liquidation and distribution accounts in curatorship estates examined within 30 days from receipt of all required documents
- - - 90% 75% 80% 85%
4.9 Revised policies submitted to the Minister
4.9.1 Number of policies submitted to the Minister for approval by target date
- - - - Insolvency Policy
submitted to the
Minister for approval by 31 March
2021
1 (Deceased Estate Policy)
1
7.2 Indicators, annual and quarterly targets for 2020/21
Table 14: Programme performance indicators and quarterly targets
Outcome 4: Transformed Masters services
Output indicators Annual target
2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
4.1.1 Percentage of liquidation and distribution accounts in large estates (>250 000) examined within 15 days from receipt of all required documents
75% 75% 75% 75% 75%
4.2.1 Percentage of letters of appointment issued in deceased estates within 15 days from receipt of all required documents
75% 75% 75% 75% 75%
4.3.1Percentageofbeneficiariesin receipt of services within 40 days from receipt of all required documents (Guardian’s Fund)
83% 83% 83% 83% 83%
4.4.1Percentageofcertificatesofappointment issued in all bankruptcy matters within 10 days from receipt of all required documents
75% 75% 75% 75% 75%
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan34
Outcome 4: Transformed Masters services
Output indicators Annual target
2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
4.5.1 Percentage of liquidation and distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents
75% 75% 75% 75% 75%
4.6.1 Percentage of letters of authority issued in trusts within 14 days from receipt of all required documents
70% 70% 70% 70% 70%
4.7.1 Percentage of letters of appointment issued in curatorship estates within 15 days from receipt of all required documents
75% 75% 75% 75% 75%
4.8.1 Percentage of liquidation and distribution accounts in curatorship estates examined within 30 days from receipt of all required documents
75% 75% 75% 75% 75%
4.9.1 Number of Policies submitted to the Minister for approval by target date
Insolvency Policy sub-mitted to
the Minister for approv-
al by 31 March 2021
- Consultation Finalised draft
Insolven-cy Policy
submitted to the Minister for approval by 31 March
2021
7.3 Outcomes, outputs, performance indicators and targets
Table 15: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 5: Transformed Colonial/Apartheid era justice-related legislation
Outputs Outputs indicators Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
5.1 Bills and regulations
5.1.1 Number of Bills and Regulations submitted to the Minister for approval
5 4 4
5.2 Pre-1994 justice-relat-ed legislation repealed and replaced
5.2.1 Number of Apartheid/Colonial era justice-related legislation submitted to the Minister for repeal and replace-ment
- - - - 3 4 4
The Department of Justice and Constitutional Development Annual Performance Plan 35
Outcome 5: Transformed Colonial/Apartheid era justice-related legislation
Outputs Outputs indicators Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
5.3 Court Rules 5.3.1 Number of Rules of Court sub-mitted to the Board for approval
- - - 25 20 20 20
5.4. Research papers
5.4.1 Number of research papers submitted to the South African Law Reform Commission for approval
- - - 7 11 11 11
7.4 Indicators, annual and quarterly targets for 2020/21
Table 16: Programme performance indicators and quarterly targets
Outcome 5: Transformed Colonial/Apartheid era justice-related legislation
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
5.1.1 Number of Bills and Regulations submitted to the Minister for approval
5 2 4 5 -
5.2.1 Number of Apartheid/Co-lonial era justice-related legis-lation submitted to the Minister for repeal and replacement
3 - - 3 -
5.3.1 Number of Rules of Court submitted to the Board for approval
20 8 16 20 -
5.4.1 Number of research papers submitted to the South African Law Reform Commis-sion for approval
11 4 8 11 -
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan36
7.5 Outcomes, outputs, performance indicators and targets
Table 17: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 6: Transformed State Litigation Services
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
6.1 Established OfficeoftheSolicitor-Gener-al and aligned OfficesoftheState Attorney
6.1.1Officeof the Solici-tor_ General Strategy implemented
- - - - Draft Strat-egy for theOfficeSolici-tor-General approved by the Minister by 31 March 2021
50% Imple-mentation of the Approved Solicitor Gen-eral Strategy
100% imple-mentation of the Approved Solicitor Gen-eral Strategy
6.1. 2 Num-ber of heads ofofficesof the State Attorney appointed
11 - -
6.2 Policies to implement the State Attorney Amendment Act
6.2.1 Number of policies to implement the State Attorney Amendment Act imple-mented
- - - - 3 policies submitted to Min-ister for approval
2 policies submitted to Cabinet for approval
Implemen-tation of fivepoliciesapproved by Cabinet
6.3 Briefs allocated to PDI Legal Counsel
6.3.1 Percentage of value of briefs allocated to PDI Legal Practitioners
79% - - 83% 83% 83% 85%
6.4 Briefs allocated to female Legal Counsel
6.4.1 Percentage of value of briefs allocated to female Legal Practitioners
- - - 29% 29% 30% 31%
6.5 State Attorney Framework Contract
6.5.1 State Attorney Framework contract implemented
- - 52% 65% State Attorney Framework contract finalisedby31 March 2021
State Attorney Framework contract to be implemented across national departments
State Attorney Framework contract to be implemented by provincial departments
The Department of Justice and Constitutional Development Annual Performance Plan 37
Outcome 6: Transformed State Litigation Services
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
6.6 Reduce Capital amounts claimed
6.6.1 Per-centage reduction of capital amounts claimed in medical neg-ligence, un-lawful arrest, malicious prosecution and detention claims
- - 52% 65% 60% 78% 80%
6.7 Insource High Court matters
6.7.1 Per-centage of High Court matters insourced
- - - - 3% 20% 25%
6.8 Settle Litiga-tion cases
6.8.1 Per-centage of lit-igation cases settled
- - 60% 52% 53% 59% 60%
6.9 Legal opin-ions
6.9.1 Per-centage of legal opinions finalisedwith-in 40 days from date of receipt of the instruction
96% 73% 80% 82% 83% 85% 86%
6.10 Preliminary opinions
6.10.1. Percentage of preliminary opinions on draft Bills and opinions on subordinate legislation completed within 40 days from date of receipt of the instruction
95% 73% 80% 82% 83% 85% 86%
6.11.1 Finalise suggested Bills and subordinate legislation
6.11.1Per-centage of suggested Bills and subordinate legislationfi-nalised within 40 days from the date of receipt of the instruction
92% 73% 80% 82% 83% 85% 86%
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan38
Outcome 6: Transformed State Litigation Services
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
6.12 Finalise international agreements and accompanying legal opinions
6.12.1 Per-centage of international agreements and accom-panying legal opinionsfi-nalised within 40 days from the date of receipt of the instruction
95% 73% 85% 85% 85% 85% 86%
6.13 Final-ise draft Bills approved by Cabinet for introduction
6.13.1 Percentage of draft Bills approved by Cabinet for introduction finalisedwith-in 40 days of receipt of the instruction
100% 76% 80% 82% 83% 84% 85%
6.14 Finalise translations
6.14.1Per-centage of translations finalisedwith-in 55 days from the date of receipt
92% 85% 86% 86% 86% 86% 86%
7.6 Indicators, annual and quarterly targets for 2020/21
Table 18: Programme performance indicators and quarterly targets
Outcome 6: Transformed State Litigation Services and the legal profession
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
6.1.1OfficeoftheSolicitor-GeneralStrategy implemented
Draft Strategy fortheofficeof the Solicitor -General approved by the Minister by 31 March 2021
Develop draft Strategy
Consultation on the Draft Strategy
Finalisation of Strategy and incorporation of comments from consultations
Draft Strategy for theOfficeofthe Solicitor-General approved by the Minister by 31 March 2021
6.1.2NumberofHeadsofOfficesappointed
11 11
The Department of Justice and Constitutional Development Annual Performance Plan 39
Outcome 6: Transformed State Litigation Services and the legal profession
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
6.2.1 Number of policies to implement the State Attorney Amendment Act submitted to the Minister for approval
3 policies submitted to
the Minister for approval
- - - 3 policies submitted to the Minister for approval
6.3.1 Percentage of value of briefs allocated to PDI’s Legal Practitioners
83% 83% 83% 83% 83%
6.4.1 Percentage of value of briefs allocated to female Legal Practitioners
29% 29% 29% 29% 29%
6.5.1 State Attorney Framework contract implemented
State Attorney Framework
contract finalisedby31
March 2021
Consultation of the draft framework
Consultation of the draft framework
Finalise the draft
framework and
incorporation of comment
from consultations
State Attorney
Framework contract
finalisedby31 March
2021
6.6.1 Percentage of reduction in capital amount claimed in medical negligence, unlawful arrest, malicious prosecution and detention claims
60% 60% 60% 60% 60%
6.7.1 Percentage of High Court matters insourced.
3% 3% 3% 3% 3%
6.8.1 Percentage of litigation cases settled
53% 53% 53% 53% 53%
6.9.1 Percentage of legal opinions finalisedwithin40daysfromdateofreceipt of the instruction
83% 83% 83% 83% 83%
6.10.1 Percentage of preliminary opinions on draft Bills and opinions on subordinate legislation completed within 40 days from date of receipt of the instruction
83% 83% 83% 83% 83%
6.11.1 Percentage of suggested Bills andsubordinatelegislationfinalisedwithin 40 days from the date of receipt of the instruction
83% 83% 83% 83% 83%
6.12.1 Percentage of international agreements and accompanying legalopinionsfinalisedwithin40days from the date of receipt of the instruction
85% 85% 85% 85% 85%
6.13.1 Percentage of draft Bills approved by Cabinet for introduction finalisedwithin40daysofreceiptofthe instruction
83% 83% 83% 83% 83%
6.14.1 Percentage of translations finalisedwithin55daysfromthedateof receipt
86% 86% 86% 86% 86%
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan40
7.7 Outcomes, outputs, performance indicators and targets
Table 19: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 7: Transformed Legal profession
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
7.1 Establish Legal Service Ombud
7.1.1 Legal Service Ombud established by target date
- - - - 31 March 2021
- -
7.2 Policy guide-line on the con-ferral of Senior Counsel
7.2.1 Policy Guideline on the conferral of Senior Counsel implemented
Policy Guideline on the conferral of Senior Counsel Status submit-ted to the Minister for approval by 31 March 2021
Policy Guideline on the conferral of Senior Counsel Status to be submitted to the President for ap-proval by 31 March 2022
Policy Guideline on the conferral of Senior Counsel imple-mented
7.3 Legl Practice Act Regulation Regulations
7.3.1Number of Legal Practice Act set of regulations approved by the Minister
- - - - 2 2 2
7.8 Indicators, annual and quarterly targets for 2020/21
Table 20: Programme performance indicators and quarterly targets
Outcome 7: Transformed Legal profession
Output indicators Annual target
2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
7.1.1 Legal Service Om-bud established by target date
31 March 2021 - - - 31 March 2021
The Department of Justice and Constitutional Development Annual Performance Plan 41
7.2.1 Policy Guideline on the conferral of Senior Counsel implemented
Policy guideline on the conferral of Senior Counsel status submitted to the Minister for approval by 31 March 2021
Drafting of guideline
Drafting of guideline
Consultation with relevant stakeholders
Policy guideline on the conferral of Senior Counsel status to be submitted to the Minister for approval by 31 March 2021
7.3.1 Number of Legal Practice Act set of regu-lations approved by the Minister
2 - - - 2
7.9 Outcomes, outputs, performance indicators and targets
Table 21: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indica-tors is provided in Annexure B)
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
8.1 Implemented DoJ&CD activities from the NAP Programme of Action
8.1.1. Number of activities in the NAP Programme of Action applicable to DoJ&CD implemented
- - - Consultation with key gov-ernment de-partments and stakeholders to validate measures as per Cabinet approved NAP Implemen-tation Plan by 31 March 2020
9 5 5
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan42
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
8.2 Support participatory de-mocracy, human rights advocacy, platforms and Agencies.
8.2.1 1 Gover-nance structure to lead and coordinate the implementation of NAP estab-lished by target date
- - - Terms of Reference for the NAP governance structure approved by the Executive Authority by 31 March 2020
NAP gov-ernance structure to be estab-lished by 31 March 2021
- -
8.2.2 2 Funding model for the implementation of NAP devel-oped by target date
- - - - Desktop analysis of existing funding models for the imple-mentation of gov-ernment policy by 31 March 2021
Funding model to be devel-oped by 31 March 2022
-
8.3 Sustained and visible anti-xenophobia campaigns con-ducted
8.3.1 Number of sustained and visible anti-xenophobia campaigns conducted in collaboration with other departments and role-players.
- - 6 6 6 6
8.4 Awareness sessions on vulnerable groups conducted
8.4.1 Number of awareness sessions on vulnerable groups conducted (LGBTI rights, women, people with disabilities and children)
- - - 12 3 6 9
8.5 Intersectoral integrated Traffickingin Persons information system
8.5.1 Estab-lished intersect oral integrated national infor-mation system onTraffickinginPersons
- - - Baseline Report on
TraffickinginPersons (Jan-
uary 2020)
Phase 1-6
Integrated data collec-tion system
to track traffickingpersons
system de-veloped by 31 March
2021
Phase 7
Report of data
extracted from the Traffickingin Persons
dash-board
Phase 8
The Department of Justice and Constitutional Development Annual Performance Plan 43
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
8.6.Traffickingin Persons awareness campaigns
8.6.1 Number ofTraffickingin Persons awareness campaigns conducted in collaboration with other departments and role-players
- - - - 3 3 4
8.7 25th years of Constitution com-memorated
8.7.1 Programmes to commemorate 25th anniversary of the Constitution implemented
- - - - Pro-grammes for 25th anniversa-ry of the Constitution developed
Imple-mentation of pro-grammes for 25th anniversa-ry of the Constitu-tion
-
8.8 Revised various sets of regulations in line with TRC; parliament approved regulations
8.8.1 Number of regulations reviewed
- - - - 2 (Basic Education, Higher Ed-ucation and Training)
Imple-mentation of regula-tions
Imple-mentation of regula-tions
8.9 Social Compact concept developed.
8.9.1 Social Compact concept between the Executive, Judiciary and Legislative tiers of government developed
- - - - Develop Social Compact concept document.
Draft Social Compact concept submit-ted.
Social Compact concept finalised.
8.10 Tabled Treaty reports
8.10.1 Number of country reports submitted to DIRCO for onward submission to treaty bodies
1 4 3 3 2 4 1 5 4 6
4 ICESCR and CAT Reports to Concluding Observation due on 12 Oct 20205 Universal Periodic Review due in May 20226 ICCPR Periodic Country Report; ICESCR Periodic Country Report; CAT Periodic Country Report and ACHPR Periodic Country
Report
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan44
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Outputs Outputs indicators
Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
8.11 Valid requests for extradition and mutual legal assistance in criminal matters processed and submitted
8.11.1 Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed and submitted to the central authority within 25 days from the date of receipt
67% 89% 99.2% 78% 80% 82% 84%
8.12 Policy Framework on extradition and Mutual legal assistance developed
8.12.1 Policy Frameworks submitted to the Minister for Approval by target date
- - - - 1 (Policy Framework for extradition finalisedby31 March 2021
1 Policy Frame-work for Mutual legal assistance finalisedby 31 March 2022
-
7.10 Indicators, annual and quarterly targets for 2020/21
Table 22: Programme performance indicators and quarterly targets
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
8.1.1 Number of activities in the NAP Programme of Action applicable to DoJ&CD implemented
9 2 3 5 9
8.2.1 Governance structure to lead and coordinate the implementation of NAP established by target date
NAP Governance structure to be established by 31 March 2021
Cabinet approval of the Terms of Reference of the NAP governance structure
Identificationand selection of nominees to serve on the governance structure
Appointment of nominees to serve on the governance structure
NAP Governance Structure to be established by 31 March 2021
The Department of Justice and Constitutional Development Annual Performance Plan 45
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
8.2.2 Funding model for the implementation of NAP developed by target date
Desktop anal-ysis of existing funding models for the imple-mentation of the NAP by 31 March 2021
- Commence with analysis of exist-ing funding models for the implementa-tion of NAP
Conduct consultation with stakeholders on draft analysis of existing funding models for the implementation of the NAP
Desktop analysis of existing funding models in government finalisedby31March 2021
8.3.1 Number of anti-xenophobia campaigns conducted in collaboration with other departments and role-players.
6 3 4 5 6
8.4.1 Number of awareness sessions on vulnerable groups conducted (LGBTI rights, women, people with disabilities and children)
3 - 1 2 3
8.5.1 Intersect oral integrated national information system on TraffickinginPersonsestablished
Phase 1-6 of integrated data collec-tion system to tracktraffickingpersons system developed by 31 March 2021
Phase 1-3
Phase 1: es-tablishment of an inter-sectoral data committeePhase 2: investigation on available data from various stakehold-ers:Phase 3: develop a collection tool to close gaps in avail-able data
Phase 4: Training of data capturers in the Pro-vincial Task Teams (PTT) and rollout Teams
Phase 5: Phase 3- Collection of information
Phase 6: verificationofinformation
8.6.1NumberofTraffickingin Persons campaigns conducted in collaboration with other departments and role-players
3 - 1 2 3
8.7.1 Programmes for 25th anniversary of the Constitution developed by target date
Programmes for 25th anniversary of the Constitution developed by 31 March 2021
- - - Programmes for 25th anni-versary of the Constitution developed by 31 March 2021
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan46
Outcome 8: Advanced constitutionalism, human rights and the rule of law
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
8.8.1 Number of regulations reviewed (Basic Education, Higher Education and Training,)
2 - - - 2
8.9.1 Social Compact between the Executive, Judiciary and Legislative tiers of government developed.
Develop Social Compact concept document.
- Develop the terms of reference for Social Compact concept.
Draft discussion document
Develop Social Compact concept document.
8.10.1 Number of country reports submitted to DIRCO for onward submission to treaty bodies
2 - - 2 -
8.11.1 Percentage of valid requests for extradition and mutual legal assistance processed and submitted to the Central Authority (DG) within 25 working days from receipt.
80% 80% 80% 80% 80%
8.12.1 Number of Policy Frameworks submmited to the Minister for Approval by target date
Policy Framework for extradition submitted to the Minister for approval by 31 March 2021
Drafting of the Issue paper
Discussion document for consultation finalised
Policy Framework for extradition submitted to the Minister for approval by 31 March 2021
The Department of Justice and Constitutional Development Annual Performance Plan 47
7.11 Reconciling performance information with the budget and MTEF
The budget for State Legal Services, as detailed in the ENE for 2020/21, is shown below.
Table 23: State Legal Services budget
Sub-programme Audited outcome Adjusted appropriation
Medium-Term Expenditureestimate
R million 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23
State Law Advisers 61.7 63.0 64.7 80.4 86.2 91.8 95.2
Litigation and Legal Services 447.4 457.8 491.8 559.7 535.0 567.9 595.1
Legislative Development and Law Reform
61.2 73.7 82.5 100.5 120.8 136.3 145.5
Master of the High Court 477.3 503.7 506.6 557.6 590.2 627.5 658.5
Constitutional Development 73.6 66.6 65.2. 101.6 99.7 105.8 118.6
Total 1 121.2 1 164.9 1 210.8 1 399.8 1 431.9 1 529.3 1 612.9
Change to 2019
budget estimate
50.0 (14.3) (7.5) 18.3
Economic classification
Current payments 1 076.4 1 129.6 1 168.1 1 354.9 1 388.3 1 483.7 1 565.3
Compensation of employees 928.2 979.5 1 022.4 1 162.5 1 238.7 1 325.1 1 401.8
Goods and services of which: 148.1 150.2 145.2 192.4 149.5 158.5 163.5
Minor Assets 5.1 5.0 2.7 5.4 6.7 7.1 7.6
Communication
14.1 12.2 12.2 13.0 14.2 15.3 15.8
Legal Services 51.3 59.7 61.2 95.6 40.0 41.3 41.0
Consumables: stationery, printing and office supplies
14.1 13.9 13.9 16.0 17.6 18.9 19.5
Travel and subsistence 33.4 33.4 35.8 25.0 31.6 33.4 35.4
Operating payments 7.8 11.4 4.2 6.9 8.0 8.1 8.7
Transfers and subsidies 27.8 24.1 32.1 26.7 24.3 25.6 26.6
Foreign governments and international organisations
13.5 14.4 12.8 17.9 18.9 19.9 20.7
Households 14.3 9.7 19.3 8.7 5.3 5.6 5.9
Payments for capital assets 15.7 10.9 10.2 18.2 19.4 20.0 21.0
Machinery and equipment 15.7 10.9 10.2 18.2 19.4 20.0 21.0
Payments for financial assets
1.4 0.1 0.4 0.0 - - -
Total 1 121.2 1 164.9 1 210.8 1 399.8 1 431.9 1 529.3 1 612.9
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan48
EXPENDITURE TRENDS
The spending focus of this programme is mainly on employee compensation, legal costs and the spending focus of this programme is mainly on employee compensation, legal costs and claims against thestate.Thisprogramme’sspendingincreasedsignificantlybetween2016/17and2019/20duetotheimplementationoftheOSDforlegallyqualifiedprofessionals,aswellasthecapacitationoftheOfficeof the State Attorney.
Additional funds amounting to R70 million has been allocated to the Information Regulator over the medium term, resulting in a projected increase in spending in the Legislative Development and Law Reform sub-programme of 18 per cent over the period. The number of posts in this programme is expected to be 2 091 by 2022/23.
The Department of Justice and Constitutional Development Annual Performance Plan 49
8. MEASURING PERFORMANCE PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY
The aim of the programme is to provide a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, removestheprofitfromcrime,andprotectscertainwitnesses.
The programme consists of the following sub-programmes:
i. National Prosecutions Service: Primarily responsible for general and specialised prosecutions and the appeals that might follow, which include resolving criminal matters outside of the formal trial process through alternative dispute resolution mechanisms, settlingadmissionsofguiltforminoroffencesandconsideringdocketsbroughtbythe police where persons have not been charged. This sub-programme further deals withprioritycrimeslitigation,sexualoffences,andcommunityaffairsandspecialisedcommercial crime.
ii. Assets Forfeiture Unit: Seizes assets that are the proceeds of crime or have been part oftheoffencethroughacriminalorcivilprocess.
iii. Office of Witness Protection: Provides for protection, support and related services to vulnerable, intimidated witnesses and related persons in judicial proceedings in terms of the Witness Protection Act (1998).
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan50
8.1. Outcomes, outputs, performance indicators and targets for 2020/21
Table 24: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 9: Crime and corruption reduced through effective prosecution
Outputs indicators Audited performance Estimatedperformance2019/20
Medium-term targets
Outputs 2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
9.2.Effectiveprosecutions conducted
9.2.1Conviction rate in High Court
91% 91.7% 90% 87% 87% 87% 87%
9.2.2 Conviction rate in Regional Court
80% 81% 81.7% 74% 74% 74% 74%
9.2.3 Conviction rate in District Court
96% 96,1% 95,7% 88% 88% 88% 88%
9.2.4 Level of quality in prosecution
N/A N/A N/A N/A Baseline Baseline +10%
2021/22 +10%
9.2.5 Number of witnesses and related persons threatened, harmed or killed while on the witness protection programme
0 0 0 0 0 0 0
9.3 Fraud and corruption dealt with
9.3.1. Conviction rate in complex commercial crime
92.1%
(793)
92.1%
(783)
95%
(760)
93% 93% 93% 93%
9.3.2. Number of persons convicted of private sector corruption
N/A N/A 143 57 150 158 166
9.3.3. Number of governmentoffi-cials convicted of corruption and/or offencesrelatedtocorruption
224 213 210 202 220 232 243
9.3.4. Number of cases involving money laundering
N/A N/A N/A N/A 90 100 110
9.4 Freezing of money and assets that are the proceeds of crime
9.4.1 Value of freez-ing orders obtained for corruption or offencesrelatingtocorruption
R627.3m
R3.8bn R262m R6.8bn R2.4b R2.6b R2.8b
9.5 Recovery of money and assets that are the proceeds of crime
9.5.1 Value of recoveries relating to corruption or relatedoffences
R122.7m R2.54bn R2.84bn R1.6bn R1.4bn R1.6bn R1.8bn
The Department of Justice and Constitutional Development Annual Performance Plan 51
8.2 Indicators, annual and quarterly targets for 2020/21
Table 23: Indicators, annual and quarterly targets
Outcome 7: Crime and corruption reduced through effective prosecution
Output indicators Annual target2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
9.2.1 Conviction rate in High Court
87% 87% 87% 87% 87%
9.2.2 Conviction rate in Regional Court
74% 74% 74% 74% 74%
9.2.3 Conviction rate in District Court 88% 88% 88% 88% 88%
9.2.4 Level of quality in prosecution Baseline Baseline Baseline Baseline Baseline
9.2.5 Number of witnesses and related persons threatened, harmed or killed while on the witness protection programme
0
0 0 0 0
9.3.1 Conviction rate in complex commercial crime
93% 93% 93% 93% 93%
9.3.2 Number of persons convicted of private sector corruption
150 37 39 35 39
9.3.3 Number of governmentofficialsconvicted of corruption and/oroffencesrelatedtocorruption
220 55 55 45 65
9.3.4 Number of cases involving money laundering
90 23 24 21 22
9.4.1 Value of freezing orders obtained for corruptionoroffencesrelating to corruption
R2.4bn R600m R600m R600m R600m
9.5.1 Value of recoveries relating to corruption or relatedoffences
R1.4bn R350m R350m R350m R350m
The Department of Justice and Constitutional Development Annual Performance Plan52 The Department of Justice and Constitutional Development Annual Performance Plan
8.3 Outcomes, outputs, performance indicators and targets
Table 24: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 3: Increased access to justice services
Outputs Output indicators Audited performance Estimatedperformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
3.16 Victim-centric services enhanced
3.16.1 Number of operational TCCs in place
55 55 55 55 58 59 60
3.16.2 Conviction rate insexualoffences
71% 71.2% 74,4% 70% 70% 70% 70%
3.16.3 Number of public awareness sessions conducted
N/A N/A N/A 130 140 150 160
8.4 Indicators, annual and quarterly targets for 2020/21
Table 25: Programme performance indicators and quarterly targets
Outcome 3: Increased access to justice services
Output indicators Annual target
2019/20
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
3.16.1 Number of operational TCCs in place
58 (0)
55
(0)
55
(0)
55
(3)
58
3.16.2Convictionrateinsexualoffences 70% 70% 70% 70% 70%
3.16.3 Number of public awareness sessions conducted
140 35 35 35 35
The Department of Justice and Constitutional Development Annual Performance Plan 53
8.5 Reconciling performance information with the budget and MTEF
The budget for Legal Services, as detailed in the ENE for 2020/21, is shown below.
Table 26: National Prosecuting Authority budget
Subprogramme Audited outcome Adjusted appropriation
Medium-term expenditure estimate
R million 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23
National Prosecutions Service
2 776.3 2 946.3 3 058.8 3 231.9 3 701.5 3 969.0 4 123.1
Asset Forfeiture Unit
133.0 126.5 127.8 159.3 203.9 217.3 224.7
OfficeforWitness Protection
183.5 190.0 193.5 183.4 196.7 208.9 217.4
Support Services
461.8 480.1 419.3 456.9 481.7 510.8 531.0
Total 3 554.6 3 742.9 3 799.4 4 031.6 4 583.9 4 906.0 5 096.2
Change to 2019budget estimate
102.4 369.0 421.7 444.3
Economic classification
Current payments
3 502.7 3 698.3 3 750.5 3 978.7 4 528.0 4 847.2 5 034.5
Compensation of employees
3 040.0 3 202.8 3 317.2 3 512.0 3 974.2 4 259.4 4 423.0
Goods and services of which
462.7 495.5 433.2 466.7 553.8 587.8 611.4
Computer services
74.4 111.7 62.3 53.7 68.2 71.4 73.7
Consultants: business and advisory services
7.6 4.7 2.6 6.9 42.3 46.7 49.0
Legal services 12.9 34.3 29.3 50.2 41.5 46.8 48.6
Property
Payments
63.7 72.5 72.9 95.9 93.3 97.9 101.1
Travel and subsistence
Operating payment
69.4 63.9 63.9 58.6 72.2 75.7 78.2
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan54
87.4 62.3 47.2 76.0 81.9 86.7 90.7
Transfers and subsidies
18.8 16.4 24.9 18.9 20.0 21.0 22.0
Departmental agencies and accounts
8.6 8.9 9.3 10.0 10.6 11.2 11.6
Households 10.2 7.5 15.6 8.9 9.4 9.9 10.4
Payments for capital assets
31.9 27.7 19.5 33.9 36.0 37.7 39.8
Buildings and otherfixedstructures
Machinery and equipment
31.9 27.7 19.5 33.9 36.0 37.7 39.8
Payments for financial assets
1.2 0.5 4.6 0.0 - - -
Total 3 554.6 3 742.9 3 799.4 4 031.6 4 583.9 4 906.0 5 096.2
EXPENDITURE TRENDS
Additional funds amounting to R1.2 billion has been allocated to this programme over the medium term to fund the following: AFU and SCCU capacity, Investigative Directorate, NPS capacity (critical posts), Aspirant Prosecutor Programme, Witness Protection and Support Services (safety and security).
The number of posts in this programme is expected to be 4 610 by 2022/23.
The Department of Justice and Constitutional Development Annual Performance Plan 55
9. MEASURING PERFORMANCE OF PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES
The purpose of this programme is to provide a variety of auxiliary services associated with the department’s goals, fund transfer payments to the South African Human Rights Commission(SAHRC),theOfficeofthePublicProtector,LegalAidSA,theSpecialInvestigating Unit (SIU) and the President’s Fund.
The programme consists of the following components within the DoJ&CD:
i. Justice Modernisation: Designs and implements information technology (IT) infrastructure and networks, and re-engineers, automates and integrates business processes for the administration of civil and criminal justice in the integrated justice system.
ii. President’s Fund:ProvidesfundingforreparationsflowingfromthefindingsoftheTRC.
Table 33 shows the strategic objective, indicators and targets for work that will be implemented within the DoJ&CD.
The Department of Justice and Constitutional Development Annual Performance Plan56
9.1 Outcomes, outputs, performance indicators and targets for 2020/21
Table 27: Outcomes, outputs, performance indicators and targets for 2020/21 (detailed information on the indicators is provided in Annexure B)
Outcome 2: Modernised and digitisedjustice services platforms
Outputs Output indicators
Audited performance EstimatedPerformance2019/20
Medium-term targets
2016/17 2017/18 2018/19 2020/21 2021/22 2022/23
2.2.Revised IJS pro-gramme Governance Structure im-plemented
2.2.1 Revised IJS programme governance structure imple-mented
- - - - IJS gov-ernance structure to be ap-proved
(Terms of Reference approved; Meetings convened in line with TOR
Approved IJS gover-nance structure to be imple-mented
-
2.3 Inter-de-partmental information exchange platform
2.3.1 Number of government departments and entities connected to transversal platform and exchanging information electronically
- - - - 9 10 11
2.4 IJS Assessment report
2.4.1 IJS Assessment report imple-mented by target date
IJS Assessment report to be finalisedby31 March 2021
50% imple-mentation of the rec-ommen-dations of the as-sessment report
100% im-plemen-tation of the rec-ommen-dations of the report
57
9.2 Indicators, annual and quarterly targets for 2020/21
Table 28: Indicators, annual and quarterly targets for 2020/21
Outcome 2: Modernised and digitisedjustice services platforms
Performance indicators Annual target 2020/21
Quarterly targets
Quarter 1 Quarter 2 Quarter 3 Quarter 4
2.2.1 Revised IJS programme Governance Structure implemented
IJS Governance Structure to be approved by 31 March 2021
Consultation by JCPS DGs on revised IJS governance arrangements
Submission of revised IJS Programme governance model to Cabinet for approval
Preparation, review and approval of IJS Programme terms of reference givingeffectto Cabinet approved changes
IJS Governance Structure to be approved by 31 March 2021
2.3.1 Number of departments that are fully integrated
9 - - - 9
2.4.1 IJS Assessment Report finalisedbytargetdate
IJS Assessment Report to be finalisedby31March 2021
- - - Assessment report to be finalisedby31March 2021
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan58
9.3 Reconciling performance information with the budget and MTEF
The budget for Programme 5, as detailed in the ENE for 2020/21, is shown below.
Table 29: Auxiliary and Associated Services budget
Sub-programme Audited outcome Adjusted appropriation
Medium-term expenditureestimate
R million 2016/17 2017/18 2018/19 2019/20 2020/21 2020/21 2022/23
Legal Aid South Africa 1 577.2 1 754.4 1 800.9 1971.0 2 086.1 2 204.2 2 313.8
Special Investigating Unit 316.7 346.2 357.1 363.0 452.9 478.9 503.3
Public Protector of South Africa
264.1 316.1 326.6 321.4 339.1 357.8 374.9
South African Human Rights Commission
153.5 173.4 178.8 190.0 200.1 211..1 221.2
Justice Modernisation 826.4 810.7 759.6 1 264.1 1 229.8 1 301.2 1 353.5
Total 3 137.9 3 400.7 3 423.0 4 109.6 4 308.0 4 553.2 4 766.8
Change to 2019
budget estimate
0.8 (30.0) (23.2)) (18.1)
Economic classification
Current payments 647.7 701.4 737.8 1 244.4 1 195.8 1 265.3 1 314.3
Goods and services 647.7 701.4 737.8 1 244.4 1 195.8 1 265.3 1 314.3
of which:
Minor assets 2.4 0.1 0.3 5.5 5.8 6.2 6.4
Computer services 611.2 634.8 639.8 1 108.9 1 053.1 1 114.7 1 158.1
Contractors 10.1 3.1 0.9 4.2 4.4 4.6 4.8
Agency and support/out-sourced services
9.0 52.1 95.4 121.9 128.4 135.4 140.5
Consumables: statio-nery, printing and office supplies
8.9 2.6 0.7 1.7 1.9 2.1 2.2
Training and development 0.1 0.2 0.0 0.8 0.9 0.9 1.0
Transfers and subsidies 2 311.5 2 590.0 2 663.4 2 845.4 3 078.2 3 252.0 3 413.3
Departmental agencies and accounts
2 311.5 2 590.0 2 663.4 2 845.4 3 078.2 3 252.0 3 413.3
Payments for capital assets
178.7 109.3 21.9 19.8 34.0 35.9 39.2
Machinery and equipment 178.7 94.8 21.9 19.8 34.0 35.9 39.2
Software and other intangible assets
– 14.5 - – – – –
Payments for financial assets
– – – – – – –
Total 3 137.9 3 400.7 3 423.0 4 109.6 4 308.0 4 553.2 4 766.8
19.6% 20.5% 21.9% 21.7% 21.5% 21.6%
The Department of Justice and Constitutional Development Annual Performance Plan 59
EXPENDITURE TRENDS
The spending focus of this programme is mainly transfers to public entities, as well as constitutional institutions and the modernisation of the justice system.
The programme’s allocation amounted to R13.7 billion over the medium term, and this includes an additional allocation of R300 million for the capacitation of Legal Aid South Africa and the Special Investigating Unit. This will allow the department to enhance support to the public.
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan60
10. LONG-TERM INFRASTRUCTURE PLAN
Table 30: Construction projects for the MTEF period
No Project Name
Programme Project Description
Outputs Project start date
Project completion
date
Total estimated
Cost
R
Current year expenditure
R1. Thaba Nchu,
Magistrates’ office
Capital works
Construction of facilities for people with disabilities
Facilities for people with disability
29/01/2019 09/10/2020 319 328.00 343 020.00
2. Ventersburg, Magistrates’ office
Capital works
Construction of facilities for people with disabilities
Facilities for people with disability
03/10/2019 11/03/2020 560 983.00 207 357.00
3. Soshan-guve, Magistrates’ office
Capital works
Additional accommoda-tion and repair the parking and storm water
Extensions to existing building
04/12/2019 02/12/2022 424 452 000 547 972.0
4. Umbumb-ulu, Magis-trates’office
Capital works
Additional ac-commodation and alterations
Extensions to existing building
12/12/2016 30/06/2020 50 581 000.00 4 120 982.00
5. Port Shepstone, Magistrates’ office
Capital works
Construction of a new building
New court building
08/10/2014 TBC 377 918 000 3 599 470.00
6. Chatsworth, Durban, Magistrates’ office
Capital works
Construction of additional ac-commodation
Extensions to existing building
24/06/2016 31/03/2020 204 543 000 56 916 791.00
7. Vulamehlo, Magistrates’ office
Capital works
Repairs and renovations to officebuildings
Renovated court buildings
22/04/2015 30/06/2021 40 400 000.00 4 025 374.00
8. Verulam, Magistrates’ office
Capital works
Replace air-conditioning plant
02/02/2017 31/03/2020 2 426 000.00 00
9. Port Shepstone, Magistrates’ office
Capital works
Installation of split air-conditioning units in server rooms and officesatvarious courts
Air conditioner installed
09/07/2019 31/03/2020 164 289.00 147 860.00
The Department of Justice and Constitutional Development Annual Performance Plan 61
No Project Name
Programme Project Description
Outputs Project start date
Project completion
date
Total estimated
Cost
R
Current year expenditure
R10.
Izingolweni, Magistrates’ office
Capital works
Upgrading of electricity and supply of backup generator
Electricity upgraded and generators installed
16/07/2019 04/07/2020 1 527 729.00 227 700.00
11.
Various centres (gtj), Magistrates’ office
Capital works
Construction of facilities for people with disabilities. Group 3: Heidelberg, Vanderbijlpark, Vereeniging, Sebokeng
Facilities for people with disability
03/05/2017 31/03/2020 3 429 183.00 62 133.00
12.
Various centres (gtj), Magistrates’ office
Capital works
Construction of facilities for people with disabilities. Group 1: Edenvale, Hillbrow, Jeppe, Newlands
Facilities for people with disability
22/05/2017 31/03/2020 3 052V 955.00 314 671.00
13.
Meyerton, Magistrates’ office
Capital works
Purchase of erven 317, 324 and 329
ERF 317, 324 and 329 acquired
04/10/2018 31/03/2021 2 237 996.00 00
14.
Various centres (Johannes-burg region), Magistrates’ office
Capital works
Supply and installation of standby gener-ators: Oberhol-zer, Westonaria, Krugersdorp and Johannes-burg
Installation of generators
17/10/2019 25/03/2020 6 526 512.00 219 851.00
15.
Various centres (Johannes-burg region), Magistrates’ office
Capital works
Supply, delivery, installation & commissioning of emergency generator set including electrical installation: Meyerton, Newlands, Randfontein, Kliptown, Brixton, Orlando & Brakpan
Installation of generators
18/10/2019 25/03/2020 4 889 110.00 3 950 172.00
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan62
No Project Name
Programme Project Description
Outputs Project start date
Project completion
date
Total estimated
Cost
R
Current year expenditure
R16.
Kimberley, High Court
Capital works
Appointment of consultants to do a pre-feasibility study and the installation of standby generator
Consultant appointed to di feasibility study
20/06/2019 31/03/2020 1 121 883.00 1 024 375.00
17.
Grobler-shoop, Magistrates’ office
Capital works
Construction of additional ac-commodation
Existing building extended
10/12/2018 31/03/2020 18 132 428.00 10 873 506.00
18.
Calvinia, Magistrates’ office
Capital works
Installation of standby generator
Generator installed
03/12/2018 31/03/2020 723 950.00 256 500.00
19.
Kuruman, Magistrates’ office
Capital works
Installation of standby generator
Generator Installed
05/12/2018 31/03/2020 710 651.00 00
20.
De Aar, Magistrates’ office
Capital works
Installation of carports
Carports 23/11/2018 31/03/2020 224 517.00 118 605.00
21.
Ritchie, Magistrates’ office
Capital works
Acquisition of remaining extent of erf 12: construction of new building
ERF 12 acquired
13/03/2019 31/03/2021 324 000.00 00
22.
Various centres (Kimberley region), Magistrates’ office
Capital works
Assessment and installation of air-conditioners at Olifantshoek, Kenhardt, Upington, Groblershoop and Kakamas: cluster 4
Assessment report and air-conditioners installed
12/12/2018 31/03/2020 860 000.00 24 364.00
23.
Various centres (Kimberley region), Magistrates’ office
Capital works
Assessment and installation of air-conditioners at Victoria west, Britstown, Willinston and Carnavon: cluster 1
Assessment report and air-conditioners installed
01/07/2019 31/03/2020 204 750.00 126 706
24.
Petrusville, Periodical Court
Capital works
Acquisition of erf 2005 and erf 2006 for the construction of a new building
ERF 2005 and 2006 acquired
New building
23/10/2019 31/03/2020 263 000.00 218 000.00
The Department of Justice and Constitutional Development Annual Performance Plan 63
No Project Name
Programme Project Description
Outputs Project start date
Project completion
date
Total estimated
Cost
R
Current year expenditure
R25.
Balfour, Mpumalan-ga, Magis-trates’office
Capital works
Construction of facilities for people with disabilities
Facilities for people with disability
26/01/2016 31/03/2020 1 641 912.00 00
26.
Evander, Magistrates’ office,construction of facilities for people with disabilities
Capital works
Construction of facilities for people with disabilities
Facilities for people with disability
25/09/2016 31/06/2020 2 219 061.00 243 460.00
27.
Various centres, Mpumalan-ga, Magis-trates’office
Capital works
Construction of facilities for people with disabilities. Group 1: Acornhoek, Mhala, White river, Sabie
Facilities for people with disability
11/08/2016 31/03/2020 4 071 134.00 317 724.00
28.
Polokwane, High Court
Capital works
Interim maintenance for lifts, generators,firedetection and air-conditioners
lifts, generators, firedetectionand air-conditioners maintained
18/01/2019 17/01/2021 10 000 000.00 297 611.00
29.
King William’s Town, Magistrates’ office
Capital works
Security measures and air-conditioning
Air-conditioners installed
04/07/2019 19/06/2021 40 747 980.00 4 651 591.00
30.
Pretoria, Palace of Justice, heritage
Capital works
Security upgrade and balance of work from cancelled project and the conversion of meeting room into civil court
Upgraded security
03/07/2014 31/03/2021 36 355 414.00 1 714 288.00
31.
Mamelodi, Magistrates’ office
Capital works
Construction of a new building
New building 19/06/2014 31/03/2021 218 533 420.00
324 119.00
32.
Bronk-horstspruit, Magistrates’ office
Capital works
Standby generator
Generator installed
19/11/2019 21/04/2020 1 236 333.00 00
33.
Sterkspruit, Magistrates’ office
Capital works
Construction of facilities for people with disabilities
Facilities for people with disability
24/04/2019 31/03/2020 2 323 793 329 844.00
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11. CONDITIONAL GRANTS
No conditional grants were issued by the department.
12. PUBLIC ENTITIES AND CONSTITUTIONAL INSTITUTIONS
Four entities are funded through the Vote Account of the DoJ&CD. Two of these entities are Chapter 9 institutions: the SAHRC and the Public Protector of South Africa. The other two are public entities reporting to the Minister: Legal Aid SA and the SIU (Programme 5). These are fully independent entities and are mandated through legislation and the Constitution. For this reason, they perform their duties independently of the DoJ&CD and are evaluated by the Parliament of South Africa.
13. PUBLIC-PRIVATE PARTNERSHIPS
No public-private partnerships are presently funded by the department.
The Department of Justice and Constitutional Development Annual Performance Plan 65
RISK MANAGEMENT
Outcome Key Risks Risk mitigationTransformed State Litigation Services and the legal profession
● Workload CapacitationoftheOfficeoftheStateAttorney● Lack of capacity Regular stakeholder engagement forums.
Recruitment and retention policy. Outsource● Lack of timeous and
proper instructionsDevelop MOU’s/SLA’s.
● Bad cases Early advice to clients on the merits of cases.
Early settlement of indefensible cases.● Reluctance of some
Counsel to do complex matters/to continue to deal with the matter to the next highest court (e.g. Con-Court, SCA)● Lack of pre-requisite
skills
Partner JC and SC in complicated matters
Trainlegalprivatepractitionersondifferentfieldsoflaw(specialisation)
● Poor quality of service by some briefed counsel (briefs guaranteed)
Develop and implement monitoring and evaluation for service rendered
● Client imposing counsel StateAttorneytohavefinaldecisioninconsultation with client
Implementation of a fair Procurement process for legal service
● Financial gain at detriment of quality service
Finalisationandimplementationofbriefingandtariffpolicy
Developing internal control mechanism on quality of service
Developing quality assurance guidelines
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan66
Advancement of constitutionalism, human rights and the rule of law
● Inadequate resources to implement the protection of constitutional and human rights● Delay in the
implementation of the National Action Plan (NAP) to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance ● Increase in incidences
of violence and discrimination against LGBTI persons● High unemployment,
inequality and poverty● Inadequate socialisation
and integration of communities
● Ensure that funding is aligned with the mandate of the Constitutional Development branch and its capacity
● Conduct skills audit in the branch to determine current skills and required skills, and facilitate skills development
● Implement the NAP approved by Cabinet
● Consult with relevant departments and stakeholders
● Ensure alignment of programmes and activities to Priority 6: Social cohesion and safer communities
The Department of Justice and Constitutional Development Annual Performance Plan 67
PART C: TECHNICAL INDICATOR DESCRIPTIONS (tid)
OUTCOME 1: IMPROVED GOVERNANCE AND ACCOUNTABILITY
Indicator Title 1.1.1 Percentage of significant findings on key specific areas resolved.Definition Thisindicatormeasuresthepercentageofsignificantfindingsonkey
specificareasresolvedduringthereportingperiod.
Keyspecificareasarecontingentliability,assetmanagement,procurementmanagement, recovery of legal fees, and procurement of legal and associated services and reliability of performance information.
Significantfindingsarefindingsthat,iftheextentthereofisnotarrested,might in future have a major negative impact on the department’s performance or audit outcome.
Source of data Audit action plan approved by the Director-GeneralMethod of Calculation/Assessment
Percentage=(Numberofsignificantfindingsonkeyspecificareasresolved/Totalnumberofsignificantfindingsonkeyspecificareas)x100
Meansofverification Approvedprogressreportsonsignificantfindingsresolved.Assumptions Adequate support and related resources and systems available to ensure
development of reportsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
Nationalandprovincialoffices
Calculation Type Cumulative (Year-to-Date) Reporting Cycle Quarterly Desired performance Allsignificantfindingsonkeyspecificareasresolvedasplanned.Indicator Responsibility
Branch Heads
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Indicator Title 1.2.1 Percentage of reported incidents of corruption resolved through the departmental disciplinary code and procedure for the Public service.
Definition This indicator measures the percentage of reported corruption incidents in department resolved through disciplinary process during the current financialyear
Source of data Reported fraud and corruption cases database/registerMethod of Calculation/Assessment
Percentage = (Number of reported fraud and corruption incidents in the departmentfinalised/Numberofreportedfraudandcorruptionincidentsinthe department) *100
Meansofverification ProofoffinalisedreportedincidentsofcorruptioninthedepartmentAssumptions All reported incidents of corruption resolved through disciplinary process
with the required timeframeDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
NationalandProvincialoffices
Calculation Type Cumulative (Year-to-Date) Reporting Cycle Quarterly Desired performance All reported incidents of fraud and corruption resolved speedilyIndicator Responsibility
Branch Head: Corporate Services
Indicator title 1.3.1 Percentage of total MMS posts occupied by Africans and womenShortdefinition This indicator measures the percentage of total MMS post occupied by
Africans Source/collection of data
PERSAL system
Method of calculation Percentage = (Number of posts occupied by Africans/Total number Middle Management Services posts establishment) * 100
Percentage of women = (Number of MMS position occupied by women /Number of MMS posts in the department) *100
Means of verifications
Persal system report
Assumptions AllMMSvacantpositionstobefilledbyAfricans
The Department of Justice and Constitutional Development Annual Performance Plan 69
Indicator title 1.3.1 Percentage of total MMS posts occupied by Africans and womenShortdefinition This indicator measures the percentage of total MMS post occupied by
Africans Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
National
Calculation type Cumulative (year-end)Reporting cycle QuarterlyDesired performance Target achieved Indicator responsibility
Director-General: Corporate Services
Indicator title 1.4.1Percentage of total workforce positions occupied by people with disability
Shortdefinition This indicator measures the percentage of total workforce positions occupied by people with disability
Source/collection of data
PERSAL system
Method of calculation Percentage = Number of posts occupied by people with disability / Total number of posts in the Department) *100
Meansofverification Persal system report and issued appointment lettersAssumptions People with disability will apply for vacant postsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
National
Calculation type Cumulative (year-end)Reporting cycle QuarterlyDesired performance Target achieved Indicator responsibility
Director-General: Corporate Services
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Indicator title 1.5.1 Percentage of Rand Value of discretionary procurement allocated to EMEs and QSEs
Definition This indicator measures the percentage of the Rand value of discretionary procurement that support small businesses
Source of data Justice Yellow Page (JYP)Method of Calculation/Assessment
Percentage = (Amount of value all discretionary procurement allocated to EME and QES/Value of discretionary procurement) *100
Meansofverification Progress Report from JYP
Assumptions All unit support the initiative to empower EME and QSE’sDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
NationalandProvincialoffices
Calculation Type Cumulative (Year-to-Date) Reporting Cycle Quarterly Desired performance Achievement of 30 per cent allocation of procurement towards EMEs
and QSEsIndicator Responsibility ChiefFinancialOfficer
Indicator title 1.6.1 Department reconfigured macro structure finalised by target date
Definition Themeasurestheprogressregardingthereconfigurationofthedepartment and development macro structure in line with the department’sstrategyduringthisfinancialyear
Source of data ReconfiguredorganisationalstructureMethod of Calculation/Assessment
N/A
Meansofverification ApprovedreconfiguredorganisationalstructureAssumptions Proposed structures will be approved as plannedDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
NationalandProvincialoffices
Calculation Type Cumulative
The Department of Justice and Constitutional Development Annual Performance Plan 71
Reporting Cycle Quarterly Desired performance Theplannedreconfiguredmacrostructureapprovedbytheendofthe
financialyearIndicator Responsibility Branch Head: Corporate Services
Indicator title 1.7.1 Number of people trained as per the workplace skills plan Definition Total headcount (number) of people trained by Justice College
during the reporting periodSource of data Attendance registersMethod of Calculation/Assessment
Simple count
Meansofverification Signed attendance registerAssumptions Personnel targeted for the planned trainings will be available to attendDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
NationalandProvincialoffices
Calculation Type Cumulative (Year-to-Date)
Reporting Cycle Quarterly Desired performance To ensure that the Department trains people in areas of need for service
delivery or address areas of administrative concernsIndicator Responsibility Deputy Director-General: Corporate Services
Indicator title 1.8.1 Percentage of undisputed and valid invoices paid within 30 days from date of receipt
Definition This indicator measures the percentage of valid and undisputed invoices received for which payment was done within 30 days from date of receipt.
Source of data Basic Accounting System (BAS)Method of Calculation/Assessment
Percentage = (Number of undisputed and valid invoices received and paid within 30 days from date of receipt/total number of undisputed and valid invoices received) x 100
Meansofverification BAS report
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Assumptions All undisputed invoices and valid invoices paid within the 30 days’ timeframe
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
Nationalandprovincialoffices
Calculation Type Cumulative (Year-to-Date) Reporting Cycle Quarterly Desired performance All valid and undisputed invoices received and paid within 30 daysIndicator Responsibility ChiefFinancialOfficer
Indicator title 1.9.1 Number of biannual reports on allocated CARA funds completed
Shortdefinition The biannual monitoring report that provides detailed information regarding CARA-allocated funds
Source/collection of data
CARA monitoring report
Method of calculation Simple countMeansofverification DG Approved CARA reportAssumptions Reports are prepared in timeDisaggregation of beneficiaries
N/A
Spatial Transformation N/AReporting cycle Bi-annualCalculation type CumulativeDesired performance All planned reports on CARA-allocated funds on timeIndicator responsibility ChiefFinancialOfficer
Indicator title 1.10.1 Number of biannual reports on the implementation of Covid-19 Risk Adjusted Plan
Shortdefinition Biannual monitoring report that provides detailed information regarding the implementation of Covid-19 Risk adjusted Plan
Source/collection of data
Covid-19 Risk Adjusted Plan Implementation Report
Method of calculation Simple countMeansofverification Approved Covid-19 Risk adjusted Plan implementation report by the DG
The Department of Justice and Constitutional Development Annual Performance Plan 73
Assumptions Reports are prepared in timeDisaggregation of beneficiaries
N/A
Spatial Transformation N/ACalculation type CumulativeReporting cycle QuarterlyCalculation type CumulativeDesired performance Completion of the Covid-19 Risk Adjusted Plan Implementation report
on timeIndicator responsibility Chief Director: Service Delivery
Indicator title 1.11.1 Security model for courts and service points implemented by target date
Shortdefinition This indicator measures progress relating to the assessment. development and implementation of security model for courts and service points
Source/collection of data
Security model for courts and service points
Method of calculation N/AMeansofverification Approved proof of submission of security model for courts and service
points to the DG for approvalAssumptions There is budget available for the security assessment, development and
implementation of security model for court and service pointsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
National
Calculation type Non-CumulativeReporting cycle QuarterlyDesired performance Tofinalisethedevelopmentandimplementationofsecuritymodelas
planned Indicator responsibility Chief Director: Security and Risk management
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OUTCOME 2: MODERNISED AND DIGITISED JUSTICE SERVICES PLATFORM
Indicator title 2.1.1 Number of audio-visual remand system rolled outDefinition This indicator measures the number of audio-visual remand system
rolled out to courts during the reporting periodSource of data List of courts were audio visual remand system is planned to be rolled
out.Method of Calculation/Assessment
Simple count
Meansofverification Signed-offletteroncourtswheretheaudio-visualremandsystemwasrolled out
Assumptions AllplannedactivitiestobecompletedwithinspecifiedtimeframesDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance AllplannedAVRsystemrolledouttoidentifiedcourtIndicator Responsibility DDG: Court Performance
Indicator title 2.1.2 Number of sites where Cashless Court solution is deployed Definition This indicator measures progress regarding the development of the
Cashless Court Solution (CCS) payment processes, that will be deployed toidentifiedsitescourts
Cashless court solution mean EFT payments and Speedpoint paymentSource of data List of sites where the cashless court solution was deployedMethod of Calculation/Assessment
N/A
Meansofverification Signed-offdeliverablesofdeployedCashlessCourtSolutionatidentifiedsites.
Assumptions Participation of all parties in the design, development and testing of the new system.
Acceptance and full utilisation of the new system.Disaggregation of Beneficiaries(whereapplicable)
N/A
The Department of Justice and Constitutional Development Annual Performance Plan 75
Spatial Transformation (where applicable)
Nationally
Calculation Type Non-cumulativeReporting Cycle QuarterlyDesired performance Cashlesscourtsolutiondeployedtoallidentifiedsitesduringthe
financialyear.Indicator Responsibility ChiefFinancialOfficer(CFO)
Indicator title 2.1.3 E-Submissions solution deployed by target date.Definition This indicator measures progress regarding the development of the
E-Submissions solution that will be deployed for various memoranda and parliamentary reports and correspondence.
Source of data Approved Project Plan.Method of Calculation/Assessment
N/A
Meansofverification Signed-offdeliverablesofesubmissiomnsolutiondeployedAssumptions Participation of all parties in the design, development and testing of the
new system.
Acceptance and full utilisation of the new system.Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
Nationally
Calculation Type Non-cumulativeReporting Cycle QuarterlyDesired performance Esubmissionsolutiondeployedwithinspecifiedtimeframes.Indicator Responsibility ISM
Indicator title 2.1.4 Number of sites wher Virtual Platforms Solution (VPS) (Video Conferencing) was deployed.
Definition This indicator measures progress regarding the number of sites where of Virtual Platforms Solution (VPS) (Video Conferencing) is deployed to be usedforvirtualmeetingsandengagementsatidentifiedsites.
Source of data List of sites where virtual Platforms Solution is deployedMethod of Calculation/Assessment
N/A
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Meansofverification Signed-offdeliverablesasperprojectplan(NamesofsiteswheretheVPS is deployed.
Assumptions Participation of all parties in the design, development and testing of the new system.
Acceptance and full utilisation of the new system.Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
Nationally
Calculation Type Non-cumulativeReporting Cycle QuarterlyDesired performance Deployment of Virtual Platforms Solution (VPS) (Video Conferencing) to
allidentifiedsitescompletedduringthisfinancialyearIndicator Responsibility ISM
OUTCOME 3: INCREASED ACCESS TO JUSTICE SERVICES
Indicator title 3.1.1 Phases of the Femicide Watch completed, as required by article 15 of the Presidential Summit Declaration against GBVF, 2019 and the National Strategic Plan (NSP) on GBV
Definition This indicator measures the key milestones that will be achieved in the development of Phases of Femicide Watch as required by article 15 of the Presidential Summit Declaration against GBVF, 2019 and NSP on GBV
Source of data Approved plan of action for the development of Phases of femicide Method of Calculation/Assessment
N/A
Meansofverification SignedoffforcompletedactivitiesintheestablishmentofPhasesofFemicide Watch
Assumptions TherewillbecorporationbyallidentifiedkeystakeholdersDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulativeReporting Cycle Quarterly
The Department of Justice and Constitutional Development Annual Performance Plan 77
Desired performance Key milestones in the development of Femicide Watch Phase achieved as planned
Indicator Responsibility Chief Director: Promotion of the Rights of Vulnerable Groups
Indicator title 3.2.1 Number of “unreturned” criminal cases updated on ICMS: Criminal
Definition This indicator measures the number of all recorded “unreturned” cases updated on the ICMS: Criminal at various courts in all nine regions
*Unreturned case means an open case that has not been updated on the system within 5 days since the last appearance date
Source of data ICMS: CriminalMethod of Calculation/Assessment
Simple count
Meansofverification Charge sheet (J15) Assumptions All employees will update the system within the required timeframeDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulativeReporting Cycle QuarterlyDesired performance All open cases on the system updated within the required timeframe (5
days days)Indicator Responsibility Chief Director: Court Performance
Indicator title 3.3.1 Percentage of criminal cases postponed due to the unavailability of court administration staff
Definition This indicator measures the percentage of criminal cases on the court roll that were postponed due to the unavailability of court administration staffduringthereportingperiod.
AdministrationstaffincludesCourtClerk,ForeignInterpreter,Interpreter,Stenographer and CRT Operators.
Source of data ICMS report
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan78
Method of Calculation/Assessment
Simple count
Meansofverification Court record (charge sheets)Assumptions Output Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance AdequateavailabilityofcourtadministrationstaffforcourtsittingsIndicator Responsibility Chief Director: Court Performance
Indicator title 3.4.1 Percentage of child justice preliminary inquiries finalised within 90 days after first appearance
Definition Thisindicatormonitorsthepromptfinalisationofpreliminaryinquiriesinterms of the Child Justice Act.
Finalised preliminary inquiries refer to matters concluded by a magistrate or prosecutor, depending on the outcome of the case.
Source of data ICMS: Child Justice Method of Calculation/Assessment
Percentageofpreliminaryinquiriesfinalisedwithin90daysfromdateoffirstappearance(Numberofmattersfinalisedwithin90daysfromdateoffirstappearance/Totalnumberofmattersfinalised)x100
Meansofverification Preliminary Inquiry; Annexure NNAssumptions Output Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance All annual targets metIndicator Responsibility Chief Director: Promotion of the Rights of Vulnerable Groups
The Department of Justice and Constitutional Development Annual Performance Plan 79
Indicator title 3.5.1 Percentage of NRSO Clearance Certificates issued to applicants
Definition ThisindicatormeasuresthepercentageofNRSOClearanceCertificatesto Employers, Licensing Authorities, Relevant Authorities, any person whose particulars appear on the register in respect of his or her own particulars and employees working with or applying to work in sectors involving children or persons with mental disabilities in order to check whether their details are in the register or not
Source of data ICMS NRSO Method of Calculation/Assessment
Percentage=(NumberofNRSOClearanceCertificatesinrespectofissuedtoapplicants/totalnumberofClearanceCertificatesinrespectofapplicants’ requests received) *100
Meansofverification ICMSClearanceCertificatesAssumptions Children or persons with mental disability will be protected from persons
whowereconvictedofcommittingsexualoffencesagainstchildrenorpersons with mental disability
NRSOcertificateswillbeissuedintimeDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
National
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance AllNRSOClearanceCertificatesissuedtoapplicantsintimeIndicator Responsibility Chief Director: Promotion of the Rights of Vulnerable Groups
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Indicator title 3.6.1 Number of additional courts designated in terms of section 55(A) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 of as sexual offences in line with the 2018 Presidential Summit declaration against GBVF
Definition This indicator measures the number of Regional Courts which will be designatedasSexualOffencesCourtsbytheMinister.
The implications of Section 55 (A) of the Act is that the Minister may, by notice in the Gazette, designate courts that deal exclusively with sexual offences matters as Sexual Offences Courts. The Designated Sexual Offences Courts must meet the specifications set out by the Regulations relating to Sexual Offences Courts.
Source of data Listofcourtsidentifiedtobedesignatedintermsofsection55(A)(1)oftheCriminalLaw(SexualOffencesandRelatedMatters)AmendmentAct, 2007 (Act No. 32 of 2007)
Method of Calculation/Assessment
Simple count
Meansofverification NoticeintheGazetteofthedesignatedSexualOffencesCourtsAssumptions ThejudiciarywillcooperateintheidentificationofRegionalCourtstobe
designated by the Minister.Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance Prevention of secondary traumatisation of complainants and witnesses
insexualoffencescasesIndicator Responsibility Chief Director: Promotion of the Rights of Vulnerable Groups
Indicator title 3.7.1 Number of new court buildings completedDefinition This indicator measures the number of completed new court buildings
to expand justice infrastructure footprints and increase access to justice services by people in rural and previously disadvantaged areas
Source of data Estimates of National Expenditure (ENE)User Asset Management PlanBudget allocation schedule
Method of Calculation/Assessment
Simple count
The Department of Justice and Constitutional Development Annual Performance Plan 81
Meansofverification PracticalcompletioncertificateAssumptions Competent consultants and contractors
Cooperation of DPWIDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulative Reporting Cycle QuarterlyDesired performance CompletedinfrastructurefittoservetheintendedpurposeIndicator Responsibility Chief Director: Facilities Management
Indicator title 3.8.1 Number of facilities with term contracts for unplanned maintenance
Definition This indicator measures the number of facilities where terms contracts are used to address day-to-day maintenance incidents.
Source of data User Asset Management Plan
Maintenance incidents register
Method of Calculation/Assessment
Simple count
Meansofverification Term contractsAssumptions Competent contractorsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance MaintainedinfrastructurefittoservetheintendedpurposeIndicator Responsibility Chief Director: Facilities Management
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Indicator title 3.9.1 Percentage of disability-related complaints and investigations where reasonable measures were provided (level of access to justice by sex, age and disability)
Definition This indicator measures the percentage of disability-related complaints and investigations where reasonable measures were provided (level of access to justice by sex age and disability)
Source of data Disability-related complaints and investigation register
Method of Calculation/Assessment
Percentage = (Number of disability-related complaints and investigations where reasonable measures were provided/Number of disability complaints and investigations lodged) *100
Meansofverification Proof of provision of reasonable measures on disability-related complaints and investigations
Assumptions All relevant stakeholders will play their role Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative Reporting Cycle QuarterlyDesired performance Reasonable measures on disability-related complaints and investigations
providedIndicator Responsibility Chief Director: Promotion of the Rights of Vulnerable Groups
Indicator title 3.10.1 Percentage of Family Advocate litigation matters finalised within 12 months from the date of opening of the matter
Definition This indicator measures the percentage of Family Advocate litigation mattersthatarefinalisedwithin12monthsfromthedateofopeningofthematterbytheOfficeoftheFamilyAdvocate.Matterswillincludethosereceivedinthecurrentfinancialyearandthosecarriedoverfromthepreviousfinancialyear.
Finalisationwillmeanthesigned-offFamilyAdvocateReport.Source of data Report spreadsheet
Method of Calculation/Assessment
Number=(TotalnumberofFamilyAdvocatelitigationmattersfinalisedwithin 12 months from the date of opening/Number of Family Advocate litigationsmattersfinalised)*100
Meansofverification CasefileAssumptions All information recorded on the spreadsheet register
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Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance AlllitigationfinalisedwithintheprescribedtimeframeIndicator Responsibility Chief Family Advocate
Indicator title 3.11.1 Percentage of Family Advocate non-litigation matters finalised within 6 months from the date of opening the matter (Mediation, Conciliation and Negotiation)
Definition This indicator measures the percentage of matters applied for or brought bythepartiesortheirlegalrepresentativestotheOfficeoftheFamilyAdvocate in terms of sections 21, 22 and 33 of the Children’s Act, 2005 (ActNo.38of2005)andfinalisedwithinsixmonthsfromthedateofopeningofthefile.
Finalisation will mean all non-litigation matters concluded by the Family Advocate.
Source of data Report spreadsheet
Method of Calculation/Assessment
Percentage = (Total number of Family Advocate non-litigation matters finalisedwithin6monthsfromthedateofopening/NumberofFamilyAdvocatenon-litigationmattersfinalised)x100
Meansofverification CasefileAssumptions All information recorded on the spreadsheet registerDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance SpeedyfinalisationofcasesIndicator Responsibility Chief Family Advocate
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan84
Indicator title 3.12.1 Percentage of maintenance matters finalised within 90 days from the date of proper service of process
Definition Thisindicatormeasuresthenumberofmaintenancemattersfinalisedin240 courts within 90 days from the date of proper service of process on the respondent.
Finalisation refers to matters concluded by the magistrate.Source of data ICMS: Maintenance
Method of Calculation/Assessment
Percentageofmaintenancemattersfinalisedwithin90daysfromdateofproperserviceofprocess=(numberofmaintenancemattersfinalisedwithin90days/totalnumberofmattersfinalised)x100.
Meansofverification Integrated Case Management System (ICMS) Maintenance Module
CasefileJ101/J107Assumptions Allmaintenancemattersfinalisedwithin90daysfromdateofproper
service of process are recorded on the ICMSDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance Allmaintenancemattersfinalisedwithin90daysfromdateofproper
service of processIndicator Responsibility Chief Family Advocate
Indicator title 3.13.1 Policy recommendations for the review of the Criminal Procedure Act submitted to the Minister by target date
Definition This indicator measures the progress relating to the development of the terms of reference and Policy recommendations to review the criminal justice system
Source of data Terms of reference for the review of the criminal justice system
Method of Calculation/Assessment
N/A
Meansofverification Proof of submission of terms of reference for review the Criminal Procedure Act to the Minister
Assumptions Stakeholder participation and buy-in
The Department of Justice and Constitutional Development Annual Performance Plan 85
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-Cumulative Reporting Cycle Quarterly Desired performance Terms of Reference to review the Criminal Procedure Act submitted to
theMinisterduringthe2020/21financialyearIndicator Responsibility Chief Director: Court Performance
Indicator title 3.14 .1 Draft Policy framework for the review of the civil justice system and Family Law services submitted to the Minister by target date
Definition This indicator measures the progress relating to the development of terms of reference and Policy framework to review the civil justice system and Family Law Services
Source of data Terms of references to review the civil justice system and Family Law Services
Method of Calculation/Assessment
N/A
Meansofverification Proof of submission to the Minister of Terms of Reference to review of the civil justice system and Family Law services
Assumptions Stakeholder participation and buy-inDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Non-cumulative Reporting cycle QuarterlyDesired performance Terms of reference to review the civil justice system and Family Law
servicessubmittedtheMinisterduringthe2020/21financialyearIndicator responsibility Chief Director: Court Performance
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan86
Indicator title 3.15.1 Percentage of backlog cases on the priority roll finalised
Definition This indicator measures the percentage of criminal backlog cases on the Priorityrollfinalised.
Casebacklogaredefinedascasesthatareontherollforsixmonthsorlonger in a district and cases that are on the roll for 9-months or longer in the Regional Court.
Method of calculation Simple count
Source/collection of data
ICMS
Method of Calculation/Assessment
Percentage= (Number of case backlog cases form the priority roll finalised/Numberofcasesonthepriorityroll)X100
Meansofverification Charge sheetAssumptions Stakeholder participation and buy-in.Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Type of indicator OutcomeCalculation type Cumulative (Year to date)Reporting cycle QuarterlyDesired performance Achieve that the set target to decrease backlog cases Indicator responsibility DDG Court services
OUTCOME 9: CRIME AND CORRUPTION SIGNIFICANTLY REDUCED THROUGH EFFECTIVE PROSECUTION.
Indicator title 9.1.1 Number of dedicated specialised Commercial Crime Courts established in five provinces (Limpopo, North West, Eastern Cape, Mpumalanga and Free State)
Definition This indicator measures the number of dedicated Specialised Commercial CrimeCourtsestablishedinfiveprovinces
Source of data Specialised Commercial Crime Courts establishedMethod of Calculation/Assessment
Simple count
Meansofverification Proclamation of established Specialised Commercial Crime CourtsAssumptions There is budget to establish the Specialised Commercial Crime Courts
The Department of Justice and Constitutional Development Annual Performance Plan 87
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year end) Reporting Cycle AnnuallyDesired performance Establish at least one Specialised Commercial Crime Court annuallyIndicator Responsibility DDG: Court Services
OUTCOME 4: TRANSFORMED MASTERS SERVICES
Indicator title 4.1.1 Percentage of liquidation and distribution accounts in large estates (˃R250 000), examined within 15 days from receipt of all required documents
Definition This indicator measures the examination of liquidation and distribution accounts lodged by the executors in deceased estates within 15 days after the account has been lodged with the Master, and thus issuing the executor with a query sheet with which he or she needs to comply in the further administration of the estate
Source/collection of data
Monthlyreportsbyoffices
Method of calculation Percentage of accounts examined within 15 days = (number of accounts examined within 15 days/total number of accounts examined) x 100
Number of days to examine = date of examination minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
Meansofverification OfficeFileJ242Assumption All required documents will be submitted Disaggregation of Ben-eficiaries(whereappli-cable)
N/A
Spatial Transformation (where applicable)
Nationally
Calculation type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance Liquidation and distribution accounts examined within 15 days (large
estates, bankruptcy) from receipt of all required documents
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan88
Indicator title 4.1.1 Percentage of liquidation and distribution accounts in large estates (˃R250 000), examined within 15 days from receipt of all required documents
Indicator Responsibility Chief Master
Indicator title 4.2.1 Percentage of letters of appointment issued in deceased estates within 15 days from receipt of all required documents
Definition Letters of authority in deceased estates to enable the estate administrator to proceed with the administration of the estate of the deceased within 15 days after the applicant has lodged all necessary documents
Source/collection of data
Officereportsandregisters
Method of calculation Percentage of letters issued = (Number of cases where letters were issued within the time frame (15 days)/total number of letters issued) x 100
Number of days to issue = date of issue of a letter minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
Meansofverification CasefileJ170/J238Assumption All application will be submitted with all the required documentation Disaggregation of Ben-eficiaries(whereappli-cable)
N/A
Spatial Transformation (where applicable)
Nationally
Calculation type Cumulative (year to date)Reporting cycle QuarterlyDesired performance All letters of appointment issued in the deceased estates within 15 days
from receipt of all required documentsIndicator responsibility Chief Master
Indicator title 4.3.1 Percentage of beneficiaries in receipt of services within 40 days from receipt of all required documents (Guardian’s Fund)
Shortdefinition This indicator measures the percentage of beneficiaries who receivedpayment on their application within 40 days from lodging all the required documents to enable the Master to proceed with payment
The Department of Justice and Constitutional Development Annual Performance Plan 89
Indicator title 4.3.1 Percentage of beneficiaries in receipt of services within 40 days from receipt of all required documents (Guardian’s Fund)
Source/collection of data
OfficereportsandtheGuardian’sFundsystem
Method of calculation Percentage achieved (percentage of beneficiaries in receipt of service)= (number of payments made within 40 day/total number of payments made) x 100
Number of days to payment = date of payment minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
Meansofverification In terms of the Chief Master’s Directive 2 of 2011 and Chief Master’s directive
CasefileAssumption All application will be submitted with all the required documentation Disaggregation of Ben-eficiaries(whereappli-cable)
N/A
Spatial Transformation (where applicable)
Nationally
Calculation type Cumulative (year to date)Reporting cycle QuarterlyDesired performance AllbeneficiariesoftheGuardian’sFundreceiveserviceswithin40daysIndicator responsibility Chief Master
Indicator title 4.4.1 Percentage of certificates of appointment issued in all bankruptcy matters within 10 days from receipt of all required documents
Definition Thisindicatormeasurestheissuingofappointmentcertificatestocurators and liquidators in bankrupt estates to enable the appointee to proceed with the administration of the estate of the insolvent person or company within 10 days after the applicant has lodged all the necessary documents.
Source/collection of data Officereportsandregisters
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan90
Indicator title 4.4.1 Percentage of certificates of appointment issued in all bankruptcy matters within 10 days from receipt of all required documents
Method of calculation Percentageofcertificatesissuedwithin10days=(numberofcertificatesissuedwithin10days/totalnumberofcertificatesissued)x100
Numberofdaystoissue=dateofissueofacertificateminusdateofreceipt of all required documentation, public holidays and weekends excluded,inclusiveofthefirstandlastday
Meansofverification CasefileJ465/J327
Assumption All applications will be submitted with all the required documentation
Disaggregation of Ben-eficiaries(whereappli-cable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)
Reporting cycle Quarterly
Desired performance Allcertificatesofappointmentissuedinallbankruptcymatterswithin10days from receipt of all required documents
Indicator responsibility Chief Master
Indicator title 4.5.1 Percentage of liquidation and distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents
Definition This indicator measures the examination of liquidation and distribution accounts lodged by the curators or liquidators in bankrupt estates within 15 days after the account has been lodged with the Master of the High Court, and thus issuing the appointee with a query sheet with which he or she needs to comply in the further administration of the estate.
Source/collection of data
Officereportsandregisters
Method of calculation Percentage of accounts examined within 15 days = (number of accounts examined within 15 days/total number of accounts examined) x 100
Number of days to examine = date of examination minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
The Department of Justice and Constitutional Development Annual Performance Plan 91
Indicator title 4.5.1 Percentage of liquidation and distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents
Meansofverification CasefileJM50Assumption All applications will be submitted with all the required documentationDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)) Reporting cycle QuarterlyDesired performance All liquidation and distribution accounts in bankruptcy matters are
examined within 15 days of receipt of all required documentsIndicator responsibility Chief Master
Indicator title 4.6.1 Percentage of letters of authority issued in trusts within 14 days of receipt of all required documents
Definition This indicator measures the issuing of letters of authority to appoint trustees of registered trusts to enable the appointee to proceed with his or her other duties as trustee within 14 days after the applicant has lodged all the necessary documents.
Source/collection of data
Officereportsandregisters
Method of calculation Percentage = (number of letters issued within 14 days/total number of letters issued) x 100
Number of days to issue = date of issue of a letter minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
Meansofverification CasefileJ246
Assumption All application will be submitted with all the required documentation
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan92
Indicator title 4.6.1 Percentage of letters of authority issued in trusts within 14 days of receipt of all required documents
Reporting cycle Quarterly
Desired performance All letters of authority issued in trusts within 14 days of receipt of all required documents
Indicator responsibility Chief Master
Indicator title 4.7.1 Percentage of letters of appointment issued in curatorship estates within 15 days from receipt of all required documents
Definition This indicator measures the issuing of appointment letters of curators in curatorship estates to enable the curator to proceed with the administration of the estate of the person under curatorship within 15 days after the applicant has lodged all necessary documents.
Source/collection of data Officereportsandregisters
Method of calculation Percentage of letters issued = (Number of cases where letters were issued within the time frame (15 days)/total number of letters issued) x 100
Number of days to issue = date of issue of a letter minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
Meansofverification CasefileJ372/CB12/CB15/CB19
Assumption All applications will be submitted with all the required documentation
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)
Reporting cycle Quarterly
Desired performance All letters of appointment issued in the curatorship estates within 15 days from receipt of all required documents
Indicator responsibility Chief Master
The Department of Justice and Constitutional Development Annual Performance Plan 93
Indicator title 4.8.1 Percentage of liquidation and distribution accounts in curatorship estates examined within 30 days from receipt of all required documents
Definition This indicator measures the examination of liquidation and distribution accounts lodged by the curators in curatorship estates within 30 days after the account has been lodged with the Master, and thus issuing the curator with a query sheet with which he or she needs to comply in the further administration of the estate.
Source/collection of data
Officereportsandregisters
Method of calculation Percentage accounts examined within 30 days = (number of accounts examined within 30 days/total number of accounts examined) x 100
Number of days to examine = date of examination minus date of receipt of all required documentation, public holidays and weekends excluded, inclusiveofthefirstandlastday
Meansofverification CB6Assumption All application will be submitted with all the required documentationDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting cycle QuarterlyDesired performance All liquidation and distribution accounts in curatorship estates examined
within 30 days from receipt of all required documentsIndicator responsibility Chief Director: ISM
Indicator title 4.9.1 Number of policies submitted to the Minster for approval by target date.
Shortdefinition This indicator measures the process of reviewing the Policy on Insolvency matters during the reporting period and submit it to the Minister for approval
Source/collection of data
Insolvency Policy document
Method of calculation N/AMeansofverification Proof of submission of Policy Framework on extradition to the MinisterAssumption Stakeholder participation and buy-inDisaggregation of Beneficiaries(whereapplicable)
N/A
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan94
Indicator title 4.9.1 Number of policies submitted to the Minster for approval by target date.
Spatial Transformation (where applicable)
Nationally
Data limitations NoneType of indicator OutputCalculation type Non-CumulativeReporting cycle QuarterlyDesired performance Policy submitted to the Minister for approval as planned Indicator responsibility Acting Chief Master
OUTCOME 5: TRANSFORMED COLONIAL/APARTHEID ERA JUSTICE-RELATED LEGISLATION
Indicator title 5.1.1 Number of Bills and regulations submitted to the Minister for approval
Definition This indicator measures the number of Bills and regulations prepared and submitted to the Minister for consideration and approval with the view to:
Introducing a Bill into Parliament
Obtaining approval from the Minister to subject a Bill or a set of regulations to a public consultation process; or promulgating regulations
ToensurethefinalisationofBillsandregulations,asrequiredandwherespecified,withinthetimeframesset
Source of data Bills and regulations: Memoranda to the Minister or role-players, Government Gazette or parliamentary papers (whichever is applicable)
Method of Calculation/Assessment
Simple count
Meansofverification Name of Bills and/or regulations, submitted to the Minister for approval
Date on which the Bills and/or regulations were submitted by the Director-General to the Minister for approval
Assumptions Research will be conducted
Drafting of proposals will occur
Ministerial engagements
The Department of Justice and Constitutional Development Annual Performance Plan 95
Disaggregation of Beneficiaries(whereapplicable)
Not applicable as laws drafted are of general application and responsive toallbeneficiaries
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-to-Date) Reporting Cycle QuarterlyDesired performance All Bills and regulations developed as plannedIndicator Responsibility DDG: Legislative Development
Indicator title 5.2.1 Number of Apartheid/Colonial era justice-related legislation submitted to the Minister for repeal and replacement
Definition This indicator measures the number of Apartheid/Colonial justice-related legislation that will be submitted to the Minister for repeal and replacementinthecurrentfinancialyear.
Source of data Bills: Memoranda to the Minister or role-players, Government Gazette or parliamentary papers (whichever is applicable)
Method of Calculation/Assessment
Simple count
Meansofverification Name of Bills submitted to the Minister for approval
Date on which the Bills were submitted by the Director-General to the Minister for approval
Assumptions Research will be conducted
Drafting of proposals will occur
Ministerial engagementsDisaggregation of Beneficiaries(whereapplicable)
Not applicable as laws drafted are of general application and responsive toallbeneficiaries
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-to-Date) Reporting Cycle QuarterlyDesired performance All Bills developed as plannedIndicator Responsibility DDG: Legislative Development and Law Reform
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan96
Indicator title 5.3.1 Number of Rules of Court submitted to the Board for approvalDefinition Thisindicatormeasuresthenumberofcourtrulesandfinalreportson
Review of court rules prepared and submitted to the Rules Board for approval during the reporting period
Source of data Emails and memoranda sent to the Rules Board and minutes of meetings
Method of Calculation/Assessment
Simple count
Meansofverification Proof of submission of the court rules to The Board
Names of rules submitted to the Rules Board for approval
Date on which rules were submitted to the Rules Board and approved by the Board
Assumptions Research will be conducted
Drafting of proposals will occur
Ministerial engagementsDisaggregation of Beneficiaries(whereapplicable)
Not applicable as laws drafted are of general application and responsive toallbeneficiaries
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-to-Date) Reporting Cycle QuarterlyDesired performance All planned court rules to be reviewed and completed during the
reporting periodIndicator Responsibility Mr Balkishun, Mr D Neke and Ms S Kemp
Indicator title 5.4.1 Number of research papers submitted to the South African Law Reform Commission for approval
Definition This indicator measures the number of research papers prepared and submitted to the South African Law Reform Commission (SALRC) for approval
To facilitate the development of proposals on law reformSource of data Research papers include issue papers, discussion papers, preliminary
investigationreportsandfinalreports
The Department of Justice and Constitutional Development Annual Performance Plan 97
Method of Calculation/Assessment
Simple count
Meansofverification Proof of submission of research paper to the commission for Approval
Name of research paper submitted to the Commission for consideration and approval
Date on which the research paper was submitted to the Commission for consideration and approval
Date on which a paper was approved by members of the Commission by way of a round robin
Assumptions Research will be conducted
Drafting of proposals will occur
Ministerial engagementsDisaggregation of Beneficiaries(whereapplicable)
Not applicable as laws drafted are of general application and responsive toallbeneficiaries
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-to-Date) Reporting Cycle Quarterly Desired performance All research papers developed as plannedIndicator Responsibility Secretary of the SA Law Reform Commission
OUTCOME 6: TRANSFORMED STATE LITIGATION SERVICES
Indicator title 6.1.1 Office of the Solicitor-General Strategy implementedr Definition This indicator measures the progress in relation to the development and
implementationoftheOfficeoftheSolicitor-GeneralStrategytoformtheOfficeofStateAttorney
Source of data StrategyfortheOfficeoftheSolicitor-GeneralMethod of Calculation/Assessment
N/A
Meansofverification Approval memorandum to the Minister Assumptions StateAttorneyofficescanfunctionbetterwithproperorganisational
structure,businessandfinancingmodels
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan98
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
N/ACalculation type Non-accumulative Reporting Cycle AnnuallyDesired performance DevelopmentofStrategyfortheofficeoftheSolicitor-General
completed and submitted to the Minister for approval during the financialyear
Indicator Responsibility Solicitor-General
Indicator Title 6.1.2 Number of Heads of Offices of the State Attorney appointedDefinition This indicator measures the progress in relation to the appointment of
HeadsoftheStateAttorneyOffices.Source of data Persal systemMethod of Calculation/Assessment
N/A
Meansofverification Appointment lettersAssumptions All panel members will available to conduct interviewsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
N/ACalculation type Non-accumulative Reporting Cycle AnnuallyDesired performance AllvacantpositionsoftheHeadsofStateAttorneyofficesfilledduring
the period under reviewIndicator Responsibility Solicitor-General
The Department of Justice and Constitutional Development Annual Performance Plan 99
Indicator Title 6.2.1 Number of Policies to implement the State Attorney Amendment Act, submitted to the Minister for approval
Definition This indicator measures the total number of policies to implement the State Attorney Amendment Act, submitted to the Minister for approval during this reporting period: (a) Management of State litigation Policy(b) BriefingandtarrifPolicy(c) Mediation Policy
Source of data Polices to implement the State Attorney Amendment ActMethod of Calculation/Assessment
Simple count
Meansofverification Proof of submission of policies to the MinisterAssumptions All relevant stakeholders will participate fully in the development of the
policiesDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Non-accumulative Reporting Cycle AnnuallyDesired performance All policies to implement the State Attorney Amendment Act, submitted
to the Minister for approvalIndicator Responsibility Solicitor-General
Indicator title 6.3.1 Percentage of value of briefs allocated to PDI’s Legal Practitioners
Definition This indicator measures the percentage of the monetary value (Rand) of briefs allocated to PDI Legal Practitioners during the reporting period
Source of data BAS reports and batches Monthly statsMethod of Calculation/Assessment
Percentage = (Total value of briefs paid to PDI Legal Practitioners/Total value of briefs paid to Legal Practitioners) x 100
Meansofverification Payment registers/BAS reports and batchesAssumptions This will bring transformationDisaggregation of Beneficiaries(whereapplicable)
Private Practitioners have potential to handle matters or can present matters in High Courts
Spatial Transformation (where applicable)
Targets for women – 29%
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan100
Calculation type PDIs – 83%Reporting Cycle ReflectoncontributiontospatialtransformationprioritiesDesired performance ReflectonthespatialimpactareaIndicator Responsibility Cumulative (year to date)Reporting Cycle Quarterly Desired performance 83% of Rand value of briefs to PDIsIndicator Responsibility Solicitor-General
Indicator title 6.4.1 Percentage of value of briefs allocated to female Legal Practitioners
Definition This indicator measures the percentage of monetary value (Rand) of briefs
allocated to female Legal Practioners during the reporting period.
allocated to female Legal Practitioners during the reporting period.
Source of data BAS reports and batches Monthly statsMethod of Calculation/Assessment
Percentage = (Total value of briefs paid to female Legal Practitioners/Total value of briefs Paid to Legal Practitioners) x 100
Meansofverifications Payment registers/BAS reports and batches Assumptions This will bring transformationPrivate Practitioners have potential to handle matters or can present matters in High Courts
Private Practitioners have potential to handle matters or can present matters in High Courts
Disaggregation of Beneficiaries(whereapplicable)
Women – Target = 29%
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting Cycle Quarterly Desired performance 29% of rand value of briefs paid to female Legal PractitionersIndicator Responsibility Solicitor-General
The Department of Justice and Constitutional Development Annual Performance Plan 101
Indicator title 6.5.1 State Attorney framework contract implemented Definition This indicator measures progress relating to thedevelopment and the
implementation of the State Attorney Contract frameworkSource of data State Attorney framework contractMethod of Calculation/Assessment
N/A
Meansofverification Proof of submission of the framework contract to the Minister for approval
Assumptions All department will implement the approved contract frameworkDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulativeReporting Cycle QuarterlyDesired performance State Attorney contract framework completed by the end of the
financialyearIndicator Responsibility Solicitor-General
Indicator title 6.7.1 Percentage reduction capital amount claimed in medical negligence, unlawful arrest, malicious prosecution and detention claims
Definition This indicator measures the percentage of savings on amount claimed in medical negligence, unlawful arrest, malicious prosecution and detention claims
Source of data Report spreadsheetMethod of Calculation/Assessment
Percentage = (Total amount claimed – Total amount ordered) / Total amount claimed) x 100
Meansofverification Summons, court orders/judgments, settlement agreementsAssumptions State attorneys are capable of saving government costsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan102
Reporting Cycle MonthlyDesired performance Reduction of costs
Increasing level of savingsIndicator Responsibility Solicitor-General
Indicator title 6.8.1 Percentage of High Court matters insourcedDefinition This indicator measures the number of High Court matters handled
andfinalisedbyStateattorneyswithoutassistanceofprivatelegalpractitioners
Source of data Report spreadsheetMethod of Calculation/Assessment
NumberofHighCourtmattersfinalisedbyStateattorneyswithouttheassistance of private legal practitioners/total number of High Court mattersfinalised)x100
Meansofverification File notes, correspondence from attorney to clients, court order/judgments/settlement agreements/notices of withdrawal/mediation agreements
Assumptions StateattorneysarecapableofhandlingandfinalisingmattersinHighCourt without external assistance
Disaggregation of Beneficiaries(whereapplicable)
Targets for women
Targets for youth
Targets for People with disability
Spatial Transformation (where applicable)
Reflectoncontributiontospatialtransformationpriorities
ReflectonthespatialimpactareaCalculation Type Cumulative (Year-to date) Reporting Cycle QuarterlyDesired performance Reduction of outsourced mattersIndicator Responsibility Solicitor-General
Indicator title 6.9.1 Percentage of litigation cases settledDefinition This indicator measures the percentage of cases settled by the State
Attorney through alternative dispute resolutions other than litigationSource/collection of data
QuarterlyreportsbytheOfficeoftheSolicitor-GeneralandtheOfficeofthe State Attorney
The Department of Justice and Constitutional Development Annual Performance Plan 103
Indicator title 6.9.1 Percentage of litigation cases settledMethod of calculation Percentage = (number of litigation cases settled/total number of litigation
casesfinalisedforthereportingperiod)x100Meansofverification File notes, correspondence from attorney to clients, court order/
judgments/settlement agreements/mediation agreements
Assumptions Somelitigationcasescanberesolvedthroughotherconflictresolutionmechanisms without going through litigation processes
Some litigation cases can be speedily resolved through alternative conflictresolutionmechanism.
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting cycle QuarterlyDesired performance Increasenumberofcasesfinalisedthroughalternativeconflictresolution
mechanismsIndicator responsibility Solicitor-General
Indicator title 6.9.1 Percentage of legal opinions finalised within 40 days from the date of receipt of the instruction
Definition This indicator measures the percentage of requests for legal opinions fromclientsthatwerefinalisedwithin40daysofthedateofreceiptofthe instruction during the reporting period
Finalisation refers to legal opinions dispatched by the Chief State Law Adviser
Source of data Legal Opinion Register showing opinion number, department (client), datereceivedanddatefinalised
Method of Calculation/Assessment
Percentage=(Numberoflegalopinionsfinalisedwithin40daysofthe date of receipt of the instruction /Total number of legal opinions finalised)x100
Meansofverification CasefileAssumptions Toimproveturnaroundtimesforservicesofferedtoclientdepartments
while maintaining quality
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan104
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance Allrequestsforlegalopinionsfromclientsfinalisedwithin40daysof
date of entryIndicator Responsibility Chief State Law Adviser
Indicator Title 6.10.1 Percentage of preliminary opinions on draft Bills and opinions on subordinate legislation completed within 40 days from date of receipt of the instruction
Definition This indicator measures the percentage of requests for preliminary opinions to be completed within 40 days from the date of receipt of instruction during the reporting period
Finalisation refers to legal opinions dispatched by the Chief State Law Adviser
Source of data Register for Bills and other legislative instrumentsMethod of Calculation/Assessment
Percentage=(Numberofpreliminaryopinionsfinalisedwithin40daysof the date of receipt of the instruction/ Total number of preliminary opinionsfinalised)x100
Meansofverification CasefileAssumptions Toimproveturnaroundtimesforservicesofferedtoclientdepartments
while maintaining qualityDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Reporting Cycle QuarterlyDesired performance All requests for preliminary opinions to be completed within 40 days of
date of receiptIndicator Responsibility Chief State Law Adviser
The Department of Justice and Constitutional Development Annual Performance Plan 105
Indicator title 6.11.1 Percentage of suggested Bills and subordinate legislation finalised within 40 days from the date of receipt of the instruction
Definition This indicator measures the percentage of Bills and subordinate legislationrequeststhatwerefinalisedwithin40daysduringthereporting period. Finalisation refers to legal opinions dispatched by the Chief State Law Adviser.
Source of data Register for Bills and other legislative instrumentsMethod of Calculation/Assessment
Percentage = (Number of Bills and subordinate legislation scrutinised orcertifiedwithin40daysofthedateofreceiptoftheinstruction/TotalnumberofBillsandsubordinatelegislationscrutinisedorcertified)x100
Meansofverification CasefileAssumptions Toimproveturnaroundtimesforservicesofferedtoclientdepartments
while maintaining qualityDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Reporting Cycle QuarterlyDesired performance AllBillsandsubordinatelegislationscrutinisedorcertifiedwithin40of
days of date of receiptIndicator Responsibility Chief State Law Adviser
Indicator title 6.12.1 Percentage of international agreements and accompanying legal opinions finalised within 40 days from the date of receipt of the instruction
Definition This indicator measures the percentage of international agreements and accompanying legal opinions requests that are scrutinised or provided within 40 days during the reporting period. Finalisation refers to legal opinions dispatched by the Chief State Law Adviser.
Source of data Register for international agreements and accompanying legal opinion requests
Method of Calculation/Assessment
Percentage = (Number of international agreements and accompanying legal opinions scrutinised or provided within 40 days of the date of receipt of the instruction /Total number of international agreements and accompanying legal opinions scrutinised or provided) x 100
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan106
Meansofverification CasefileAssumptions Toimproveturnaroundtimesforservicesofferedtoclientdepartments
while maintaining qualityDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance All international agreements and accompanying legal opinions
scrutinised or provided within 40 days of date of receiptIndicator Responsibility Chief State Law Adviser
Indicator title 6.13.1 Percentage of draft Bills, approved by Cabinet for introduction, finalised within 40 days of receipt of the instruction
Definition This indicator measures the percentage of requests for preliminary opinions on draft bills for Cabinet’s consideration to be completed within 40 days during the reporting period. Finalisation refers to draft Bills dispatched by the Chief State Law Adviser
Source of data Register for Bills and other legislative instrumentsMethod of Calculation/Assessment
Percentage=(NumberofdraftBillsfinalisedwithin40daysofthedateofreceiptoftheinstruction/TotalnumberofdraftBillsfinalised)x100
Meansofverification CasefileAssumptions Toimproveturnaroundtimesforservicesofferedtoclientdepartments
whilst maintaining qualityDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance All requests for draft Bills for Cabinet consideration should be
completed
The Department of Justice and Constitutional Development Annual Performance Plan 107
Indicator Responsibility Chief State Law Adviser
Indicator title 6.14.1 Percentage of translations finalised within 55 days from the date of receipt
Definition This indicator measures the percentage of requests for translations that arefinalisedwithin55daysduringthereportingperiod.Finalisationrefers to translated products dispatched by the Chief State Law Adviser.
Source of data Register of translationsMethod of Calculation/Assessment
Percentage=(Numberoftranslationsfinalisedwithin55days/Totalnumberoftranslationsfinalised)x100
Assumptions Toimproveturnaroundtimesforservicesofferedtoclientdepartmentswhile maintaining quality
DisaggregationofBenefi-ciaries (where applicable)
N/A
Spatial Transformation (where applicable)
N/A
Reporting Cycle QuarterlyDesired performance Alltranslationrequestsfinalisedwithin55daysIndicator Responsibility Chief State Law Adviser
OUTCOME 7: TRANSFORMED LEGAL PROFESSION
Indicator title 7.1.1 Legal Services Ombud established
Assumptions All relevant stakeholders participate fully in the process
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Non-Cumulative
Reporting cycle Quarterly
Desired performance TheLegalServicesOmbudestablishedbytheendofthefinancialyear
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan108
Indicator title 7.1.1 Legal Services Ombud established
Indicator responsibility Chief Director: Policy Development and Coordination
Indicator title 7.2.1 Policy Guideline on the conferral of Senior Counsel implemented
Definition The indicator measures the progress regarding the development of the guidelineontheappointmentofappropriatelyqualifiedpersonsandtheattainment of racial and gender diversity in the appointment of Senior Counsel
Source of data Approved guidelineMethod of Calculation/Assessment
N/A
Meansofverification Submission of the memorandum to the Minister for approvalAssumptions All stakeholders will participate in the development of the guidelinesDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulativeReporting Cycle QuarterlyDesired performance Guideline completed and submitted to the Minister by the end of the
financialyearIndicator Responsibility Chief Director: Policy Development and Coordination
Indicator title 7.3.1 Number of Legal Practice Act sets of regulations submitted to the Minister for approval
Definition This indicator measures the number regulations prepared and submitted to the Minister for consideration and approval with the view to:
Introducing a Bill into Parliament
Obtaining approval from the Minister to subject set of regulations to a public consultation process; or promulgating regulations
Toensurethefinalisationregulations,asrequiredandwherespecified,within the time frames set
The Department of Justice and Constitutional Development Annual Performance Plan 109
Source of data and regulations: Memoranda to the Minister or role-players, Government Gazette or parliamentary papers (whichever is applicable)
Method of Calculation/Assessment
Simple count
Meansofverification Name of regulations, submitted to the Minister for approval
Date on which the regulations were submitted by the Director-General to the Minister for approval
Assumptions Research will be conducted
Drafting of proposals will occur
Ministerial engagementsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-end) Reporting Cycle QuarterlyDesired performance All regulations developed as plannedIndicator Responsibility DDG: Legislative Development
OUTCOME 8: ADVANCED CONSTITUTIONALISM, HUMAN RIGHTS AND THE RULE OF LAW
Indicator title 8.1.1 Number of activities in the NAP Programme of Action applicable to DoJ&CD implemented
Definition This indicator measures progress relating to the activities applicable to DoJ&CD in the Cabinet-approved National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP) Implementation Plan, implemented during the reporting period
Source of data NAP Implementation PlanMethod of Calculation/Assessment
Simple count
Means of verification
Reports on DoJ&CD applicable key activities implemented
Assumptions All key stakeholders implement activities they are responsible forThere is available budget to implement various activities
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan110
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance
Allplannedinitiativescompletedwithinthefinancialyear
Indicator Responsibility
Chief Directorate: Social Justice and Participatory Democracy
Indicator title 8.2.1 Governance structure to lead and coordinate the implementation of NAP established by target date
Definition This indicator measures the progress relating to the establishment of the NAP governancestructuretoprovideoversightontheeffectiveimplementationofthe NAP
Source of data NAP governance structure Method of Calculation/Assessment
N/A
Means of verification
Approved NAP governance structure
Assumptions All key stakeholders participate in the governance structure established Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-Cumulative Reporting Cycle QuarterlyDesired performance
Governance structure to coordinate the implementation of NAP established by theendoffinancialyear
Indicator Responsibility
Chief Directorate: Social Justice and Participatory Democracy
The Department of Justice and Constitutional Development Annual Performance Plan 111
Indicator title 8.2.2 Funding model for the implementation of NAP developed by target date
Definition This indicator measures progress relating to the development of the funding model for the implementation of National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.
Source of data Funding Model Desktop analysis reportMethod of Calculation/Assessment
N/A
Means of verification
Approved desktop analysis report on NAP funding Model
Assumptions Information available for government policies’ funding modelsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulative Reporting Cycle QuarterlyDesired performance
Desktopanalysisreportcompletedbyendofthefinancialyear
Indicator Responsibility
Chief Directorate: Social Justice and Participatory Democracy
Indicator title 8.3.1 Number of sustained and visible anti-xenophobia campaigns conducted in collaboration with other departments and role-players.
Definition This indicator measures the number of campaigns on xenophobia conducted annually
Source of data Campaign reportsMethod of Calculation/Assessment
Simple count
Meansofverification Reports indicating the place, stakeholders with whom and dates on which campaigns were conductedAttendance registers
Assumptions Factors that are accepted as true and certain to happen without proof Disaggregation of Beneficiaries(whereapplicable)
N/A
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan112
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-to-Date) Reporting Cycle QuarterlyDesired performance
Six campaigns conducted as planned and within set timeframes
Indicator Responsibility
Chief Directorate: Social Justice and Participatory Democracy
Indicator title 8.4.1 Number of awareness sessions on vulnerable groups conducted Definition This indicator measures the number of awareness sessions conducted with
communities and civil society organisations, including traditional and faith-based leaders, nationally to raise awareness on LGBTI issues, people with disability,womenandchildrenduringthefinancialyear
Purpose To raise awareness with communities, including traditional and faith-based leaders, nationally on LGBTI issues, people with disability, women and children through community radio stations, community dialogues and workshops
Source of data Attendance registersReports presented in the NTT meetings
Method of Calculation/Assessment
Simple count
Means of verification
Attendance registers
Assumptions There is budget set aside for the LGBTI awareness sessions Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (year to date)Reporting Cycle QuarterlyDesired performance
All planned awareness sessions on LGBTI rights conducted during the reporting period
Indicator Responsibility
Chief Director: Constitutional Implementation
The Department of Justice and Constitutional Development Annual Performance Plan 113
Indicator title 8.5.1 Intersectoral integrated national information system on Trafficking in Persons established
Definition This indicator measures the progress relation to the development of the integrateddatacollectionforTraffickinginPersonscasesintermsoflegislation:PreventionandCombatingofTraffickinginPersonsAct,Act7of2013
The system will provide data to Parliament and international governing bodies, as required by the UNODC, SADC and other International Organisations
Source of data Approved Project Plan for phases 1 to 6Method of Calculation/Assessment
N/A
Means of verification
SignedoffforCompletedactivitiesforphases1-6
Phase 1: of the establishment of an intersectoral Integrated data committee
Phase 2: investigation on available data from various stakeholders
Phase 3: develop a collection tool to close gaps in available data
Phase 4: Training and roll out of the data collection tool
Phase 5: collecting of information
Phases6:Verificationofavailabledata
System developedAssumptions Compliance by stakeholders Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulative Reporting Cycle Quarterly Desired performance
All planned phase completed during the reporting period
Indicator Responsibility
Chief Director: Constitutional Implementation
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan114
Indicator title 8.6.1 Number of Trafficking in Persons campaigns conducted in collaboration with other departments and role-players
Definition ThisindicatormeasuresthenumberofTraffickinginPersonscampaignsconducted in collaboration with other departments and role-players during the reporting period
Source of data Attendance registersReports of the public education campaigns
Method of Calculation/Assessment
Simple count
Means of verification
Attendance registers
Assumptions Support and collaboration with other government departmentsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year to date)Reporting Cycle QuarterlyDesired performance
AllfourcampaignsonTraffickinginPersonsconductedasplanned
Indicator Responsibility
DDG: Constitutional Development
Indicator title 8.7.1 Programmes to commemorate 25th anniversary of the Constitution implemented
Definition This indicator measures progress relating to the development and implementation of programmes to commemorate 25 years of the Constitution
Source of data Programmes to commemorate 25 years of the ConstitutionMethod of Calculation/Assessment
N/A
Means of verification
Proof of submission to the minister of programmes for the 25th anniversary of the Constitution commemoration
Assumptions All key stakeholders participate in the development of programmes for the 25th anniversary of the constitution.
The Department of Justice and Constitutional Development Annual Performance Plan 115
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-cumulative Reporting Cycle QuarterlyDesired performance
Programmestobecompletedwithinthefinancialyear
Indicator Responsibility
DDG: Constitutional Development
Indicator title 8.8.1 Number of set of regulations reviewed (Basic Education, and Higher Education and Training)
Definition This indicator measures the number of sets of regulations to be reviewed to enableallqualifyingTRCidentifiedvictims’accesstoreparationsinlinewiththe TRC recommendations
Source of data Regulations (Basic Education, and Higher Education and Training) Method of Calculation/Assessment
Simple count
Means of verification
Approved revised regulations on Basic Education, and Higher Education and Training
Assumptions Relevant stakeholders will provide information on timeDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
National
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance
Allplannedregulationsfinalised
Indicator Responsibility
Head of TRC Unit
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan116
Indicator title 8.9.1 Develop Social Compact concept document developed by target date
Definition This indicator measures the progress relating to the development of social compact concept document between the three Arms of the State. (Executive, Judiciary and Legislature)
Source of data Social compact concept documentMethod of Calculation/Assessment
N/A
Meansofverification Approved Social compact concept documentAssumptions All relevant stakeholders are available and participate fully in the
development of the concepts document Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative (Year-to-Date) Reporting Cycle QuarterlyDesired performance SocialCompactConceptdocumentfinalisedbytheendofthefinancial
yearIndicator Responsibility Chief Director: Policy Development and Coordination
Indicator title 8.10.1 Number of Treaty reports tabled with the Department of International Relations and Cooperation (DIRCO) for submission of treaty bodies
Definition This indicator measures the number of international human rights treaties thatareratifiedandintermsofwhichthedepartmentisresponsibleforthe timeous compilation and deposition of Treaty reports tabled with DIRCO for onward submission to the United Nations and/or African Union
Source/collection of data
Treaty report: Universal Periodic Review ICESCR Report to Concluding Observation
Method of calculation Simple countMeansofverification Proof of receipt of the country report by DIRCO; report submitted
The Department of Justice and Constitutional Development Annual Performance Plan 117
Indicator title 8.10.1 Number of Treaty reports tabled with the Department of International Relations and Cooperation (DIRCO) for submission of treaty bodies
Assumptions a. Departments responding on time or the relevant information provided on time
b. High cooperation among departments in the preparation and submission of reports
c. No delays in forwarding the reports to respective treaty bodies by DIRCO once submitted to them for onward submission
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year-end)Reporting cycle QuarterlyDesired performance All reports prepared and submitted to DIRCO for onward submission
to the United Nations and/or the African Union on the expected date of submission after approval by Cabinet
Indicator responsibility Chief Director: International Legal Relations
Indicator title 8.11.1 Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed and submitted to the central authority within 25 days from the date of receipt
Definition This indicator measures the percentage of valid requests for extradition and mutual and legal assistance in criminal matters processed and submitted to the Deputy Director-General for onward submission to the Director-General and/or the Minister within 25 days from the date of receipt(notification).Itentailsprocessingand/orevaluatingthevalidityofthe request and preparing a memorandum to the Director-General and/or the Minister and submitting it to the Deputy Director-General for onward submission to the Director-General and/or the Minister
Purpose/importance To assist with extradition and mutual legal assistance in line with government’s obligations and policies
Source/collection of data
Case register
Accompanying reports/documentation
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan118
Indicator title 8.11.1 Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed and submitted to the central authority within 25 days from the date of receipt
Method of calculation Percentage = (number of valid requests for extraditions processed within 25 days/the number of valid requests for extraditions processed) x 100
Days = normal working days, excluding weekends and holidaysMeansofverifications Memorandum Register indicating dates of submissions to the Deputy
Director-General and/or a memo approved by the Minister/Director -General
Assumptions The memorandum to be approved within the expected timeframeDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year to date)Reporting cycle QuarterlyDesired performance All valid requests for extradition and mutual legal assistance in criminal
mattersprocessedwithin25daysofthedateofreceipt(notification)Indicator responsibility Chief Director: International Legal Relations
Indicator title 8.12.1 Policy Framework on Extradition submitted to the Minister for approvalby target date.
Definition This indicator measures the progress relating to the development of the Policy Framework on extradition during the reporting period
Purpose/importance Policy Framework on Extradition
Source/collection of data
N/A
Method of calculation Proof of submission of Policy Framework on Extradition to the MinisterMeansofverifications Stakeholder participation and buy-inAssumptions N/ADisaggregation of Beneficiaries(whereapplicable) Spatial Transformation (where applicable)
N/A
Calculation type Non-Cumulative Reporting cycle
The Department of Justice and Constitutional Development Annual Performance Plan 119
Indicator title 8.12.1 Policy Framework on Extradition submitted to the Minister for approvalby target date.
Desired performance Quarterly Indicator responsibility Policy Framework on Extradition submitted to the Minister for approval
duringthe2020/21financialyear
OUTCOME 9: REDUCED CORRUPTION AND SERIOUS ECONOMIC CRIME
Indicator title 9.2.1 Conviction rate in High CourtsDefinition Thisindictormeasuresthepercentageofcasesfinalisedwithaverdictin
which a guilty verdict was obtained in High CourtsSource of data Daily court returnMethod of Calculation/Assessment
Thetotalnumberofcasesfinalisedwithaguiltyverdict(includingSec57A)dividedbythetotalnumberofcasesfinalisedwithaverdictreflectedas a percentage. Convictions are recorded at the date of sentencing after guilty verdict or verdict of not guilty. One case may result in conviction of more than one focus area
Meansofverification High Court’s central data sheetsAssumptions Proper screening of docketsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 87%Indicator Responsibility
Deputy National Director of Public Prosecutions: National Prosecutions Service (DNDPP: NPS)
Indicator title 9.2.2 Conviction rate in Regional CourtsDefinition Thisindicatormeasuresthepercentageofcasesfinalisedwithaverdictin
which a guilty verdict was obtained from Regional CourtsSource of data Daily court return
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan120
Method of Calculation/Assessment
Thetotalnumberofcasesfinalisedwithaguiltyverdict(includingSec57A)dividedbythetotalnumberofcasesfinalisedwithaverdictreflectedas a percentage
Convictions are recorded at the date of sentencing after guilty verdict or verdict of not guilty
One case may result in conviction of more than one focus areaMeansofverification Regional Court central data sheetsAssumptions Proper screening of dockets Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 74%Indicator Responsibility
DNDPP: NPS
Indicator title 9.2.3. Conviction rate in District CourtsDefinition Thisindicatormeasuresthepercentageofcasesfinalisedwithaverdictin
which a guilty verdict was obtained from District CourtsSource of data Daily court returnMethod of Calculation/Assessment
Thetotalnumberofcasesfinalisedwithaguiltyverdict(includingSec57A)dividedbythetotalnumberofcasesfinalisedwithaverdictreflectedas a percentage
Convictions are recorded at the date of sentencing after guilty verdict or verdict of not guilty
One case may result in conviction of more than one focus areaMeansofverification District Courts central data sheetsAssumptions Proper screening of dockets
The Department of Justice and Constitutional Development Annual Performance Plan 121
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 88%Indicator Responsibility
DNDPP: NPS
Indicator title 9.2.4. Level of quality in prosecutionDefinition This indicator measures the quality of service rendered by prosecutors
as viewed by key stakeholders (members of the judiciary, legal practice counsel,investigatingofficersoftheSAPS)andfocusesoncasepreparation, case presentation, argument, communication, knowledge and interpretation of law, and decision making
Source of data Questionnaire and internal survey reportMethod of Calculation/Assessment
Aggregationofresponsesreceivedfromidentifiedparticipants
Meansofverification NPA internal survey reportAssumptions Budget allocated to the survey
Completion of surveyDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Non-CumulativeReporting Cycle Annualprogressiononfive-yeartargetDesired performance BaselineIndicator Responsibility
DNDPP: Operations and Governance
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan122
Indicator title 9.2.5 Number of witnesses and related persons threatened, harmed or killed while on the witness protection programme
Definition This indicator measures the number of witnesses and related persons harmed, threatened or killed while on the witness protection programme
Source of data Central datasheetMethod of Calculation/Assessment
The total number of witnesses and related persons that were harmed threatened or killed during the reporting period by a person or persons from whom they were protected either directly or through an agent, while on the NPA’s witness protection programme
Meansofverification Central datasheetAssumptions Buy-in from witnesses
Availability of resources
Financial allocationDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 0Indicator Responsibility
SeniorDirector:OfficeforWitnessProtection
Indicator title 9.3.1 Conviction rate in complex commercial crimesDefinition Thisindicatormeasuresthepercentageofcasesfinalisedwithaverdict
in which a guilty verdict was obtained from all court fora: High Courts, District Courts, Regional Courts and dedicated courts
Source of data Daily court returnsMethod of Calculation/Assessment
Thetotalnumberofcasesfinalisedwithaguiltyverdict(includingSec57A)dividedbythetotalnumberofcasesfinalisedwithaverdictreflectedas a percentage
Convictions are recorded at the date of sentencing after guilty verdict or verdict of not guilty. One case may result in conviction of more than one focus area
Meansofverification High Courts, Regional Courts, District Courts and SCCU central data sheets
The Department of Justice and Constitutional Development Annual Performance Plan 123
Assumptions Proper screening of dockets Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 93%Indicator Responsibility
DNDPP: NPS
Indicator title 9.3.2 Number of persons convicted of private sector corruptionDefinition This indicator measures the conviction of private sector persons who
committedoffencesrelatingtocorruptionSource of data Private sector corruption registerMethod of Calculation/Assessment
Simple count of persons/companies convicted of private sector corruption
Meansofverification Private sector corruption registerAssumptions Quality investigation of cases, proper screening of dockets, cases to be
prioritised for prosecutionDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 150Indicator Responsibility DNDPP: NPS
Indicator title 9.3.3 Number of government officials convicted of corruption and/or offences related to corruption
Definition This indicator measures the conviction of government officials whocommittedoffencesrelatingtocorruption
Source of data NPA daily court return
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan124
Method of Calculation/Assessment
The total number of government officials convicted of corruption in thereporting period
Meansofverification NPA daily court returnAssumptions Quality investigation of cases
Proper screening of dockets
Cases to be prioritised for prosecutionDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance 220Indicator Responsibility
DNDPP: NPS
9.4.4 Number of cases involving money launderingDefinition ThisindicatormeasurestheeffectivenessoftheNPAindealingwithcases
involvingmoneylaunderingoffencesSource of data High Courts, Regional Courts, District Courts and SCCU central data
sheetsMethod of Calculation/Assessment
Simple count of cases obtained in money laundering
Meansofverification High Courts, Regional Courts, District Courts and SCCU central data sheets
Assumptions Quality investigation of cases
Proper screening of dockets
Cases to be prioritised for prosecutionDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative
The Department of Justice and Constitutional Development Annual Performance Plan 125
Reporting Cycle Quarterly Desired performance 90Indicator Responsibility
DNDPP: NPS
Indicator title 9.4.1 Value of freezing orders obtained for corruption or offences relating to corruption
Definition This indicator measures the value of assets frozen in freezing orders obtained in the reporting period
Source of data Case report form that is captured in a central data sheetMethod of Calculation/Assessment
The total estimated net market value of assets frozen by orders obtained in the reporting period
The value is estimated and counted at the time when the initial order is obtained
Meansofverification Case report form that is captured in a central data sheetAssumptions Investigations are completed and assets attached Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle QuarterlyDesired performance R2.4bnIndicator Responsibility
DNDPP: Asset Forfeiture Unit
Indicator title 9.5.1 Value of recoveries relating to corruption or related offencesDefinition This indicator measures the amount of recoveries including payments paid
to Criminal Assets Recovery Account (CARA) or victims of crime in terms of court orders
Source of data Serious corruption registerMethod of Calculation/Assessment
The total amount paid, or the net market value of property transferred to the victims of crime or CARA during the reporting period resulting from ordersoragreementsobtainedinrespectofcorruptionorrelatedoffences
It is measured only when the proof of payment is received
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan126
Meansofverification Serious corruption registerAssumptions Investigations are completed and court order granted to forfeit and recoverDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type Cumulative Reporting Cycle QuarterlyDesired performance R1.4bnIndicator Responsibility
DNDPP: AFU
OUTCOME 3: INCREASED ACCESS TO JUSTICES SERVICES
Indicator title 3.16.1 Number of operational TCCs in placeDefinition This indicator demonstrates the number of fully-functional Thuthuzela
Care Centres (TCCs) which are added into the systemSource of data SOCA reportsMethod of Calculation/Assessment
Simple count of operational sites
Meansofverification SOCA ReportAssumptions Allocation of additional budget
AppointmentofadditionalstaffDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle AnnuallyDesired performance 58Indicator Responsibility
DNDPP: NPS
The Department of Justice and Constitutional Development Annual Performance Plan 127
Indicator title 3.16.2 Conviction rate in sexual offencesDefinition Thisindicatormeasuresthepercentageofcasesfinalisedwithaverdict
in which a guilty verdict was obtained from all court fora: High Courts, District Courts, Regional Courts and dedicated courts
Source of data Daily court returnsMethod of Calculation/Assessment
Thetotalnumberofcasesfinalisedwithaguiltyverdict(includingSec57A)dividedbythetotalnumberofcasesfinalisedwithaverdictreflectedas a percentage
Convictions are recorded at the date of sentencing after guilty verdict or verdict of not guilty. One case may result in conviction of more than one focus area
Meansofverification High Courts, Regional Courts, District Courts and Special Commercial Crimes Unit (SCCU) central data sheets
Assumptions Proper screening of docketsDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle Monthly, quarterly and annuallyDesired performance 70%Indicator Responsibility
DNDPP: NPS
Indicator title 3.16.3. Number of public awareness sessions conductedDefinition This indicator measures the number of events and exhibitions hosted and/
or participated in with the aim of educating the public on the role of the NPA
Events and Exhibitions includes community road shows, outreach programmes, career awareness sessions, national public participation programmes, monthly media engagements and any public lecturer aimed at promoting the work of the NPA
Source of data Schedules of event and attendance registersMethod of Calculation/Assessment
Simple count of number of sessions
Meansofverification Attendance registerAssumptions Revision of the communication strategy
Budget allocation
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan128
Disaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation Type CumulativeReporting Cycle AnnuallyDesired performance 140Indicator Responsibility
DNDPP: Operations and Governance
OUTCOME 2 : MODERNISED AND DIGITISED JUSTICE SERVICES PLATFROMS
Indicator title 2.2.1 Revised IJS programme Governance Structure implemented
Definition This indicator maeasure the process of revising approval of IJS governance structure
Terms of Reference approved; Meetings convened in line with TORSource/collection of data
Terms of Reference;
Method of calculation
N/A
MeansofVerification Approved Terms of Reference ; Assumptions Stakeholder participation and buy-inDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Non-CumulativeReporting cycle QuarterlyDesired performance
Achieve desired performance target
Indicator responsibility
ChiefDirector:OfficeoftheDirector-General
The Department of Justice and Constitutional Development Annual Performance Plan 129
Indicator title 2.3.1. Number of government departments and entities exchanging information electronically
Definition This indicator measures the number of government departments and entities that are connected to the IJS to exchange meaningful information andtofulfiltheintegratedbusinessprocessesofthecriminaljusticesystem
Source of data System generated reports from the IJS Transversal Hub providing confirmationthatelectronicinformationmessagesarebeingexchangedbetween IJS member departments
Method of calculation Simple countMeansofverification System generated reports from the IJS Transversal Hub providing
confirmationthatelectronicinformationmessagesAssumptions AllaffecteddepartmentwillbeintegratedandshareinformationDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Cumulative (year-end)Reporting cycle QuarterlyDesired performance Integration of departments to be achieved Indicator responsibility ChiefDirector:OfficeoftheDirector-General
Indicator title 2.4.1 IJS assessment report finalised by target dateDefinition This indicator measures progress relating to the IJS assessment that will
be conducted during the reporting period. Source of data Assessment report
Method of calculation N/AMeansofverification Approved assessment reportAssumptions AllaffecteddepartmentprovidesinformationduringtheassessmentDisaggregation of Beneficiaries(whereapplicable)
N/A
Spatial Transformation (where applicable)
N/A
Calculation type Non-cumulative Reporting cycle QuarterlyDesired performance Achieve all milestone timelinesIndicator responsibility Chairperson of IJS Board
The Department of Justice and Constitutional Development Annual Performance PlanThe Department of Justice and Constitutional Development Annual Performance Plan130
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