DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 17 – 18 APRIL 2013

DEPARTMENT OF JUSTICE AND DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT CONSTITUTIONAL DEVELOPMENT

PORTFOLIO COMMITTEE ON JUSTICE AND PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENTCONSTITUTIONAL DEVELOPMENT

17 – 18 APRIL 201317 – 18 APRIL 2013

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CONTENTS

1. Introduction

Mission, Vision, Principles and Values

2. Mandates Constitutional, Legislative and Policy

3. Changes made in the current plans

4. Strategic Objectives and Targets

Programme 1: AdministrationProgramme 2: Court ServicesProgramme 3: State Legal Services

5. Attachments

Annexure 1: Indicators and Targets in the Annual Performance Plan 2013/14

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INTRODUCTION

VisionA transformed and accessible justice system that promotes and protects social

justice and the rule of law

Mission To provide transparent, responsive and accountable justice services for all.

Principles and ValuesCommitment to constitutional values and a culture of human rights

Promotion of the Rule of LawBatho Pele

Good governanceUbuntu

Professionalism and continuous improvement Transparency

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MANDATES

1. Effect of the constitutional amendments on Department’s mandate

(a) The Department’s key constitutional mandate is the administration of Justice which it derives from Chapter 8 of the Constitution – “Courts and Administration of Justice”

(b) Constitution Seventeenth Amendment Act, 2012, which was signed into law by the President in February 2013 has introduced significant amendments to Chapter 8 of the Constitution. Important amendments are the new section 165(6) which affirms the Chief Justice as Head of the Judiciary assign on him or her the responsibility to oversee the development and monitoring of norms and standards for the performance of all courts

(c) Accompanying the Constitution Seventeenth Amendment Act is the Superior Courts Bill which gives effect to the new section 165(6). The Superior Courts Bill has been passed by the National Assembly and awaits concurrence of the NCOP.

(d) The effect of the enactment of the above two Acts include:(i) the migration of the administration of the Superior Courts the Office of the Chief Justice (OCJ); and(ii) the assignment of certain functions flowing from the Superior Courts Bill, the Judicial Service Commission Act of1994 and the Judges Remuneration and Conditions of Employment Act, 2001 to the OCJ.

Constitutional mandateConstitutional mandate

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MANDATES

Constitutional mandate

2. Capacitating the Office of the Chief Justice

(a) Initiatives that are underway to create the requisite capacity of the Office of the Chief Justice to execute some of the legislative responsibilities flowing from the Superior Courts Act and other relevant legislation include: (i) the finalisation of the appointment of a permanent Secretary-General (Accounting

officer) who is the administrative head of the OCJ and the filling of other senior management posts (completed);

(ii) taking over of the administration of the Constitutional Court and the Judicial Service Commission by the OCJ pursuant to the Memorandum of Understanding concluded by the Director-General and the OCJ;

(iii) the coordination by the OCJ of Judicial Education programmes which are implemented by the South African Judicial Education Commission (SAJEI). As at the end of December 2012, a total of 1098 judicial officers were trained.

(iv) Amendment of the founding legislation for the SAJEI

(b) Following discussions with the OCJ the following initiatives are envisaged for 2013/14: (i) Transfer of the administration of all Superior Courts to the OCJ(ii) Establishment of fully-functional internal controls and accounting systems(iii) Creation of separate vote for OCJ(iv) Strengthening of governance structures of the SAJEI

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MANDATES

3. Legislation providing for the appointment of masters of the high courts and the administration of the Guardian’s Fund and deceased and insolvent estates (the Administration of Estates Act of 1985 and the Insolvency Act of 1936);

4. Legislation regulating the provisioning of legal advisory services to government departments (the State Attorneys Act of 1957);

5. Legislation relating to the promotion, protection and enforcement of certain human rights (the Promotion of Administrative Justice Act of 2000, the Promotion of Access to Information Act of 2000, and the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000);

6. Legislation pertaining to the protection of vulnerable groups (the Child Justice Act of 2008, the Children’s Act of 2005, the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007, the Maintenance Act of 1998 and the Domestic Violence Act of 1998);

7. Legislation pertaining to debt collectors and sheriffs; and

8. Legislation providing for support to Chapter 9 institutions (the Human Rights Commission Act of 1994 and the Public Protector Act of 1994).

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MANDATES

Legislative mandates

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MANDATES

Policy mandates New policies and related initiatives

1.National Development Plan 2030 (NDP):Government adopted the NDP with the aim of eliminating poverty and reducing inequality by 2030.The plan sets out a tone for new planning priorities of government.

The Department of Justice as the coordinator of the JCPS cluster has to respond directly to a call made in the plan that “people living with in South Africa should feel safe and have no fear of crime by 2030”. This can only be achieved through a well-functioning criminal justice system in which members of the JCPS cluster work together. In this plan, the following are key deliverables for the cluster:

a)Strengthening the Criminal Justice System i.All departments in JCPS cluster will continue with the implementation of recommendations emanating from the Review of South African Criminal Justice System ;

ii.A meeting of JCPS cluster planning units was held in December 2012 to begin the process of aligning the objectives and indicators and to ensure effective monitoring; and

iii.In addition, alignment of planning with regards to physical infrastructure and human resources will be undertaken with JCPS and other relevant departments to coordinate services.

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MANDATES

Policy mandates

New policies and related initiatives

1.National Development Plan 2030 (NDP):b)Access to Justice

A number of initiatives to improve access to justice have been undertaken through the MTEF periods, and are consistent with the NDP, even though they commenced well before the plan. These include the following:

i.Out of the 90 branch courts identified for conversion into full-service courts, 24 have already been converted. This initiative will continue in line with available funds.

ii.The project to align all magisterial districts and municipal boundaries has been progressing well, with major activities focused on consultation with different communities.

iii.The country currently has 268 small claims courts, with an additional 70 places of sitting. Another 7 new Small Claims Courts and 3 additional places of sitting will be proclaimed during May 2013, bringing the total number of small claims courts to 275 and the number of additional places of sitting to 73. The Department intends to have 1 small claims court in each of the 387 magisterial districts. Extension to remote locations has become a challenge due to unavailability of professionals. A new model is being developed for such locations. After the establishment of the 7 mentioned above, only 116 new Small Claims Courts will still have to be established. Various programmes and initiatives are under way to enlist the services of legal practitioners as Commissioners in these areas.

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MANDATES

Policy mandates Update on existing policies and related initiatives

1.JCPS Cluster Delivery Agreement a.The Minister has an executive responsibility of coordinating and leading the JCPS cluster. Through his leadership of the cluster, the Department monitors and coordinates the overall implementation of cluster strategies and activities; andb.The JCPS cluster continues to coordinate the implementation of the 7 strategic objectives of the Criminal Justice System in the Delivery Agreement.

2. Transformation of State Legal Services

a. The transformation of legal services, both within the context of private and state legal services is located within broader initiatives on the transformation of the judicial system geared to enhance access to justice and deepen constitutional democracy.

b. Among others, this initiative will assist with:i. The creation of processes and infrastructure to ensure strategic management of state litigation; andii. Ensuring co-operation, efficiency, effectiveness and the proper utilisation of resources in the

national interest.

c. In order to manage and coordinate the work of the State Legal service, investigations are underway to establish a post of Solicitor-General, who will project manage and be accountable for the immediate deliverables towards the end-state whilst also addressing immediate issues of performance..

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MANDATES

Policy mandates

3.Promotion of the Vulnerable Groups

a)International context

.South Africa has made commitments to comply with a number of conventions, that, to a large extent, guide our the Department’s and national policies on the rights of vulnerable groups. These include:

i.Convention on the rights of the Child (CRC)Article 2 - Equality and non-discrimination Article 6 - Right to life Article 19 - Protection from abuse and neglectArticle 34 - protection form sexual exploitationArticle 35 - protection from sale, trafficking and abductionArticle 36 - protection from other forms of exploitationArticle 37 - Freedom from torture or cruel, inhuman or degrading treatment or punishment

continues….

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MANDATES

Policy mandates


a)International context

.ii. Convention on the rights of people with disabilities (CRPD)Article 5 - Equality and non-discrimination

Article 10 - Right to life Article 11 - Situations of risk and humanitarian emergencies Article 14 - Liberty and security of the person Article 15 - Freedom from torture or cruel, inhuman or degrading treatment or punishment Article 16 - Freedom from exploitation, violence and abuse Article 17 - Protecting the integrity of the person

iii. Convention on the elimination of discrimination against women (CEDAW)Article 1 - Equality and non-discrimination Article 3 - Guarantee of Basic Human Rights and Fundamental Freedoms Article 5 – elimination of prejudices and customary and all other practices based on

Sex Role Stereotyping and Prejudice Article 6 – suppression of all forms of traffic in women and exploitation of prostitution of women

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MANDATES

Policy mandates


a)Sexual Offences

i.The National Policy Framework on the Management of Sexual Offences, which guides the intersectoral response to & prevention of sexual violence, has been tabled in Parliament. The Department is in a process of gazetting this policy;

ii.The research in the reestablishment of dedicated sexual offences has been completed. The Department has drafted the amendment of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 to allow the designation of Sexual Offences Courts. The infrastructure and resources audit has been completed and the Minister will be requested to make an announcement as soon as all the logistics are complete.

iii. With regard to the National Register for Sexual Offences, the number of registered offenders has increased from 2 340 to 3 048, as at 28 February 2013.

.

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MANDATES

Policy mandates


b)Children

i.In Feb 2013, the Minister designated the Matlosana Child & Youth Care Centre as a One Stop Child Centre (OSCJC) in terms of s96 of the Child Justice Act 75 of 2008. The Matlosana OSCJC is now fully operational, and will be launched by the Minister in this financial year; and

ii.For the 2013/14 financial year, The Directors-General’s Intersectoral Committee on Child Justice will continue with the investigation into viability of further establishment of these centres in view of the huge costs required to establish and manage their day-to-day functioning.

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MANDATES

Policy mandates


c)Trafficking in Persons

i. Intersectoral Frontline Service Guide on Managing Human Trafficking and Related Matters have been developed to guide the process of managing trafficking in persons cases at key service points within the JCPS Cluster. These were circulated to all departments; and

ii. The JCPS Services for Victims to Prevent and Combat Trafficking in Persons Flow Chart has been established. This outlines the various services provided by the various cluster Departments/institutions from entry level to the end of the criminal justice process.

.

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MANDATES

Policy mandates

4. Assessment of the impact of the decisions made in the Constitutional Court and the Supreme Court of Appeal on society

a) In March 2012, following approval by Cabinet, Terms of Reference were issued for an assessment on the impact of decisions taken at the Constitutional Court and the Supreme of Court of Appeal. The aim of the initiative is to enable the country to take stock of progress made in advancing the values of our Constitution, and tackling challenges encountered in our path to the reconstruction of the South African society.

b) Progress has been made in respect of the appointment of research institution(s) to undertake the commissioned research and work is expected to commence soon.

b) This assessment will happen side-by-side with the 20th review of the Programme of Government taken by the Performance, Monitoring and Evaluation Ministry in the Presidency.

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MANDATES

Policy mandates (Cont’d) 4.The review of the civil justice system

a)The governance structure for the review of the civil justice system has been agreed between the Minister and the Chief Justice.

b)The objectives of this initiative is to develop new rules to improve access and affordability of justice services, and to date, the following have been achieved:

i.Intermediate legislative interventions have been implemented to address some of the pressing gaps in the lower courts. These include amendment of the Magistrate’s Courts Act, 1944, to extend civil and divorce jurisdiction to regional courts.

ii.The Department is aiming to establish a small claim court for each of the 387 magisterial districts, depending on the progress on the realignment of magisterial districts to municipal boundaries project and availability of resources.

iii.Other initiatives that are being undertaken under the civil justice review programme are the harmonisation and rationalisation of the rules of all courts with a view to simplifying complex court processes and procedures, and institutionalising of Alternative Dispute Resolution Mechanisms, diversions and mediation to enhance access to justice. The Court-connected Mediation Rules which are being finalised will be piloted during 2013

STRATEGIC GOALS

Strategic Goal 1 Enhanced organisational performance on all aspects of administration in line with set standard, and meeting and exceeding the needs and aspirations of the key stakeholders

Strategic Goal 2 To facilitate the (effective and efficient) resolution of criminal, civil and family law disputes by providing accessible efficient and quality administrative support to the courts.

Strategic Goal 3 Effective and cost efficient provision of state legal services that anticipate, meet and exceed stakeholder needs and expectations.

Strategic Goal 4 Effective coordination of the JCPS cluster in the delivery of outcome 3.

Strategic Goal 5 Promotion of the Constitution and its values .

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CHANGES IN THE CURRENT PLANS

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During the process of revising the Strategic Plan and the Annual Performance Plan, the following were taken into consideration:

1.Policy guidance from the Minister and Deputy Minister;

2.The centrality of the public as consumers of our services (Batho Pele);

3.Available resources;

4.Dedicated focus on improved organisational performance;

5.Needs of our partners to enable them to perform their functions (Prosecution and the

Judiciary);

6.Guidance from stakeholders such as the Auditor-General, National Treasury,

Department of Performance Monitoring and Evaluation, and the Portfolio Committee; and

7. Resolutions taken by the executive management during the strategic planning session

of the Department.


RISKS

a) Following budget cuts that have been announced during the 2012/13 financial year, the Department embarked on a process to reconsider performance targets. This is due to the fact that availability of budget remains a major concern in implementation of this plan;

b) The impact on staff costs as a result of the Department of Public Service and Administration directives on lower level employees, and the pressure to include staff not covered by the directive remain an area of financial uncertainty and strain. In addition, there are Occupation Specific Dispensation (OSD) matters that remain unresolved;

c) The migration of certain functions to the Office of the Chief Justice during the 2013/14 financial year will have an impact on the operations of the Department as a whole. There is a certain level of uncertainty regarding its impact, however, ongoing communication and consultation will assist this process;

d) The above inflation increase in municipal rates, taxes and electricity costs will continue to have a negative impact of the limited budget allocation;

e) The dependence on the Department of Public Works for implementation of funded capital projects means the Department cannot always finalise projects as planned. This is further complicated by the increases in construction and material costs, making projects more expensive than initially planned.

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STRATEGIC OBJECTIVES

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Effect of budget cuts

The Department’s budget allocation for 2013/14 amount to R16.7 billion. Additional allocation approved to the total of R535 million, R701 million and R1 billion over the MTEF period. A further reduction totalling R610 million has been made.

Although all areas of the Department have been affected by budget cuts, the following have been severely affected:

1.Security in service points and offices (Details under Programme 1);

2.Focus on increasing the number of facilities to improve access to justice (Details under Programme 2);

3.Infrastructure support for the Department and other stakeholders:i.Increasing the establishment of the lower courts and providing the Judiciary, especially the Magistracy, Legal Aid Prosecution, SAJEI with tools of trade (accommodation requirements, ICT, library and additional security, and rentals);ii.Enhancing capacity in the State Legal Services, Masters, Third Party Funds, personnel and Risk Management; and

iii. Inadequate funding for implementation of recently passed legislation such Child Justice Act, Sexual Offences Act and Jurisdiction of Regional Courts Amendment Act.

PROGRAMME 1: ADMINISTRATION


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PURPOSE

The purpose of this programme is to manage the Department, develop policies and strategies for efficient administration of justice and provide centralised support services.

OVERVIEW

The following key areas in this programme will be discussed: 1.Running a better administration to achieve an unqualified audit;2.Fighting fraud and corruption;3.Improving the safety and security of our service points;4.Implementation of key ICT projects;5.Improvement in HR management and development;6.Improving the coordination of the JCPS cluster ;7.Finalisation of the Truth and Reconciliation Commission (TRC) recommendations; and8.Implementation of the Service Charter and related projects.



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1. Increase Compliance With Prescripts For Good Governance

a)One of the 3 key objectives of the Department is to achieve a “No Audit Qualification” in 2012/13 and sustain this through subsequent years;

b)An audit action plan with all findings tracked and monitored monthly through the Executive Committee has been established. The aim of this initiative is to monitor efforts of addressing findings throughout the year. This initiative will continue in the 2013/14 financial year;

c)In addition, performance of funds under management, such as the President’s Fund, Guardian’s Fund and CARA remains an important consideration by the Department. In the MTEF period, the Department aims to manage all funds (including the Criminal Assets Recovery Fund).



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1. Increase Compliance With Prescripts For Good Governance (continued)

d) Specific initiatives will continue to be rolled out in 2013/14 to move the Department towards an unqualified audit, and these include:

i.Address the remaining Third Party Funds challenges ; (Also Ref: Maintenance Services under Programme 2)

ii.Ongoing strengthening of capacity and skills and controls to manage the Vote Account.

e)The Department has established a Compliance Unit which is mandated to identify laws, regulations and internal controls which the Department must comply with, and advise the executive on the level of compliance and corrective action. It will also assist with the monitoring function. The strengthening of capacity for this unit will continue in 2013/14.



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2. Fighting Fraud And Corruption

The Department will continue with the three-pronged strategy of fighting corruption, i.e., staff awareness initiatives, improved finalisation of forensic investigations and vetting of key staff members.

a.Awareness and training sessions

i.36 awareness sessions, in conjunction with Justice, were completed in the 2012/13 financial year. A total of 1700 officials which include senior managers, supervisors, court managers and EXCO members attended these courses. Officials targeted for this initiative are mainly from supply chain and court management.

ii.For 2013/14 36 further sessions are planned.



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2. Fighting Fraud And Corruption (continued)

b) Vetting:

i.Although all officials go through a vetting process, special areas of emphasis are on supply chain and SMS officials; and

ii.During 2013/14 the Department planned that 115 of all senior managers will complete their integrity competence assessments (Vetting forms).

c) 2.3 Forensic Investigations (Corruption, fraud, theft and maladministration)

i.We have received 133 cases for investigation and finalized 102 cases for the period 1 April 2012 till 31 March 2013: 77%;

ii.The opening balance for old cases on 1 April 2012 was 41 and all old cases were finalized by 31 March 2013: 100%; and

iii.For 2013/14, the target finalisation rate for cases is 60% and 70% for old and new cases respectively.



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3. Information and Communication Technology

a)The Department recognises ICT as key component of service improvement and identified the implementation of appropriate systems over the MTEF period..

b)R110 million and R115 million has been allocated towards ICT infrastructure for 2013/14 and 2014/15 respectively, through the Budget Review and Recommendation process.

c)3 key software development projects were identified over the MTEF period. In 2013/14 financial year the Department has planned the following ICMS projects:

i.ICMS Civil: Lower Courts;ii.ICMS Masters Deceased Estate system; andiii.Third Party Fund System.

d) The off-site storage project has been deployed in 7 courts (5 in Gauteng, 1 in KZN and 1 in the Western Cape). The Department has perfected the off-site storage template in the Western Cape and plan to use it as a model when the project is rolled-out to other courts countrywide.

Area Project Name Status - 2012/13 Planned - 2013/14

Servers

Replace all out-of-warranty Servers (Central Servers)

All out-of-warranty central servers procured and installation to be completed by Q1 of the 2013/14 financial year

Not Applicable

Increase Storage Capacity (Central Servers)

Additional central servers storage capacity (60TB) procured and installation to be completed by Q1 of the 2013/14 financial year

Not Applicable

Replace all out-of-warranty RIS Servers (Local Servers)

173 RIS servers replaced Not Applicable

Networks

Wide Area Network Upgrades (VPN) at identified sites

260 local sites data line bandwidth upgraded

Data line bandwidth upgrades to continue for identified sites.

Computers

Replace outdated and out-of-warranty Desktops

4000 desktops procured for which installation is at an advanced stage (90% installed)

Desktops replacement to continue for identified users

Laptops Replace outdated and out-of-warranty Laptops

1600 laptops procured for the Judiciary and installation to be completed by Q1 of the 2013/14 financial year

Laptops replacement to continue for identified users



3. Information and Communication Technology

ICT infrastructure renewal projects:



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4. Human Resources Services

a)Filing of vacancies

i.During the first three quarters of 2012/13 financial year, the Department maintained an average vacancy rate at around 10% .This target has been achieved ahead of the public service deadline of 2014.

ii.As at 31 March 2013, the vacancy rate at senior management level was 17%.

iii.3 strategic senior management positions were filled during 2013/14 financial year. Those were the Secretary-General: Office of the Chief Justice, Chief Director: Human Rights, Chief Director: Communications and Chief of Staff. Administrative processes to fill other strategic key senior management posts are underway.

iv.The Department plans to maintain the vacancy rate of 11% in the next financial year, given the current budget cuts.



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b) Misconduct cases

i.As at the end of February 2012, 291 misconduct cases were finalised, while 171 were not yet finalised. Finalised cases therefore represented 64% of the total, against the target of 75% for the year;

i.About 176 (60%) of the case finalised resulted in dismissals, final warnings and suspensions;

ii.For the 2013/14 financial year, a target of 55% finalisation rate has been set, taking into account resource availability.



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c) Grievance cases

i.At the end of February 2013, 236 cases had been finalised while 266 were not yet finalised. The finalised cases represented 46% of the total, against an annual target of 60%;

ii.Out of 502 grievance cases recorded, 427 of those are on problems relating to performance assessment, salary and unfair labour practice; and

iii.For the 2013/14 financial year, a target of 40% finalisation rate has been set, taking into account resource availability.



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d) Training

i.As at the end of December 2012, the number of people trained by the Department through Justice College, in line with strategic objectives, is 3,805 against the target of 6500 set for the 2012/13 financial year;

ii.Repositioning of the Justice College (currently underway) will assist the Department to reposition the College as a key provider of training within the Department. For the 2013/14 financial year, Department intends to train 5000 personnel in line with key objectives and resource availability; and

iii.As at the end of December 2012 a total of 1098 judicial officers were trained by SAJEI.

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5. Improved Coordination Of The JCPS Cluster Towards The Delivery Of Outcome 3. The CJS Modernisation Programme

a)The Integrated Justice System (IJS) Programme remains vital in the modernisation journey of the Criminal Justice System (CJS). The Cluster has identified 5 integration priorities which are packaged into 3 major programme streams to ensure focussed delivery. These priorities are around the implementation of Case related integration, Cluster business intelligence capabilities and management of persons within the CJS i.e. identification and tracking throughout the CJS.

b)Key achievements in this programme include:

i.Conclusion of pilots of the various case related integrations between SAPS' upgraded crime administration system (CAS) and the department's Integrated Case Management System (ICMS), which was conducted in Benoni and Cullinan Court districts. This integration entails the electronic transmission of docket information, first appearance outcomes and case status information between SAPS and DOJCD;



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5. Improved Coordination Of The JCPS Cluster Towards The Delivery Of Outcome 3. The CJS Modernisation Programme

b) Key achievements in this programme include (Continued):

ii. Piloting of NPA’s ECMS system, which will allow prosecutors to prepare charge sheets online with improved accuracy and through its integration with our ICMS system's electronic court roll functions, improve the scheduling of court appearances and the linking of court outcomes back into NPA and SAPS;

iii. Creation of an integrated framework for effective management of persons i.e. identification and tracking throughout the CJS; and

iv. Deployment of Video Arraignment solution to 47 Magistrates Courts linked to 22 DCS facilities.



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5. Improved Coordination Of The JCPS Cluster Towards The Delivery Of Outcome 3. The CJS Modernisation Programme (continued)

c)For 2013/14, the following projects will be implemented:i.NPA's electronic case management system (ECMS) and its integration with the SAPS enhanced crime administration system deployed to 20 high volume Courts, where CAS and ICMS case integrations are already deployed to. The goal of ECMS is to improve the way prosecutors review dockets and through the new integrations with SAPS, enable improved case preparation and communication with the police investigating officers.;

ii.The rollout of the 28 KPI Performance Dashboard for the Criminal Justice System is also on the plan for the first 9 KPI’s during 2013/14. This Dashboard will upon this first phase of rollout provide the cluster with management tools to accurately and seamlessly measure the performance of the criminal justice system;

iii.The maintenance and support of the 47 courts to which the Video Arraignment System will continue. Five additional Courts and Correctional Centres are planned for Rollout; and

iv.A lot has been done to prepare for the Audit of IJS as required by the Portfolio Committee.





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6. Truth And Reconciliation Commission

a)Individual Reparations

i.At the beginning of 2012/13 financial year, there were 440 outstanding beneficiaries to be traced and paid. Of the 440 outstanding TRC beneficiaries, 400 has been traced of which 310 have been paid their individual reparations; and

ii.Of the 40 remaining untraced beneficiaries, 7 are living abroad, 2 have unknown addresses, and only 31 are still to be traced and paid early into the 2013/14 financial year.



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6. Truth And Reconciliation Commission

b) Regulations

i.During the 2013/14 financial year, focus will shift towards the finalisation and the implementation of regulations seeking to implement outstanding TRC recommendations;

ii.Reparations on finalised regulations will begin and therefore a new indicator on this performance has been included: Percentage of TRC victims applications processed within four months;

iii.With regard to community rehabilitation, the Department formally engaged IDT to conduct needs analysis and assist with project management. The process has started with consultations in Mamelodi and Alexander. Development of regulations will follow and thereafter implementation will begin;

iv.All costs associated with the development of the regulations have been funded through the Vote Fund and not the President’s Fund.

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7. Service Charter and Customer Service

a) Service Charter and Standards

i. Since the approval of the service charter and standards, the Department embarked on training officials to facilitate the implementation of these standards. The Department also continues to measure and improve performance on the standards through its lean management process implemented in identified courts; and

ii. The Department has finalised a Service Delivery Improvement Plan in the Masters and Maintenance areas. A new indicator for reporting against the SDIP has been introduced.

b) Presidential Hotline

i. The Department completed 84% of Presidential Hotline cases during the 2012/13 financial year (Statistics up to December 2012) above target of 80%;

ii. Over the MTEF period, the Department planned to complete 85% of all Presidential Hotline cases received.



PROGRAMME 2: COURT SERVICES


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PURPOSE

The purpose of this programme is to facilitate the resolution of criminal, civil and family law disputes by providing accessible, efficient and quality administrative support to the courts and by managing court facilities.

OVERVIEW

The discussion focuses on the key areas of this programme, namely:

1. Case finalisation and service delivery,;

2. Access to justice;

3. Protection of vulnerable groups, and

4. Constitutional advocacy.



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1: Case Finalisation And Service Delivery

Part of the core function of the Department is the facilitation of finalisation of cases, and the key focus areas for this MTEF period are:

a)Facilitation of finalisation of case backlogs;

b)Support in finalisation of family law cases;

c)Finalisation of quasi-judicial services; and

d)Reintroduction of dedicated sexual offences courts.

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1. Case Finalisation And Service Delivery

i.Case Backlog Projecta)The Department, jointly with the NPA and members of the Judiciary have since 2006 implemented a case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts. The aim of this intervention is to ensure that the inflow of the number of new cases is balanced by the number of matters concluded The role of the Department is to provide additional resources and infrastructure for dealing with these cases.

b)From the inception of the backlog reduction intervention in November 2006 until the end of February 2013, the regional and district courts successfully removed the following cases from the court rolls as indicated in the table below:

Period Number of B/L Courts

Cases Finalised

Cases Withdrawn

Cases Transferred Externally

Total number of cases removed

Nov 2006 – March 2007 37 855 513 57 1 425

April 2007 – March 2008 38 3 503 1 373 237 5 113

April 2008 – March 2009 46 4 496 1 763 315 6 574

April 2009 – March 2010 56 4 593 2 060 183 6 836

April 2010 – March 2011 77 11 085 5 387 554 17 026

April 2011 – March 2012 83 15 886 5 730 642 22 258

April 2012 – February 2013 80 15 780 4 671 594 21 045

TOTAL 56 198 21 497 2 582 80 277





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1. Case Finalisation and Service Delivery Resolving Family Advocate cases

a) The objective of the Office of the Family Advocate is to mediate where there are disputes in family law related matters in order to protect the interests of the minor children;

b) Although the legislation requires the speedy finalisation of matters involving the interests of the minor children which led to 100% target of mediated cases of children of unmarried fathers, by the third quarter only 22% of these cases were mediated. Similarly, performance on the filing of court reports within 15 days of completion of a matter was at 10%, against a target of 50%. The Children’s Act is under the custody of the Department of Social Development but all matters to be mediated are now solely handled by DOJCD (Family Advocate).



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1. Case Finalisation and Service Delivery Resolving Family Advocate cases

b) There is a need to review the existing secondary legislation and allocate adequate funding to provide family advocate with necessary resources. For examples, provinces such as Limpopo, North West, Free State, Northern Cape and Mpumalanga each have one office to serve a whole province with between 3 and 4 advocates per office.

c) The Family Advocate has been adversely affected by the Jurisdiction of Regional Court amendment Act of 2008 and the implementation of OSD in the Department. Since the implementation of OSD, they have been failing to attract good Family Counsellors (Social Workers). Therefore, reprioritisation of funding on its own will not solve the problem;

d) For the 2013/14 financial year, the following adjustments to indicators were made:

i. The indicator has been adjusted to include all cases and reads “Percentage of non-litigation family law matters mediated” and the target is 15%;

ii. The method of calculation has been adjusted and the indicator remains “Percentage of family advocates court reports filed within 15 days of completion of enquiry”.



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1. Case Finalisation and Service Delivery c) Improving quasi-judicial services

i.In support for improving service delivery within the Department, quasi-judicial services led by the DOJCD staff need to form part of this important initiative;

ii.Two services, default judgments by the Clerks of Court and taxation services have been included in the Departmental strategic plan and APP measure service improvements;

iii.During the 2012/13 financial year, efforts have been focused on improvement of case registers in order to get a better-supported performance report; and

iv.The Department will continue with efforts to ensure that all cases are finalised within the stipulated time frame of 14 days. For 2013/14, the target for default judgments by the clerk in district courts and unopposed taxations are 50% and 65%, respectively. The 15% decrease in the unopposed tax targets are due to the new processes.



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2. Access To Justicea)In 2012/13 financial year, two courts under construction were South Gauteng High Court (refurbishment) and the Polokwane High Court. The following courts were completed in 2012: Katlehong, Ntuzuma, and Gelvandale. The Ntuzuma Magistrate Court is expected to be occupied in May 2013.

b)With regard to the programme on the alignment of magisterial districts with municipal boundaries a Discussion Document containing proposed changes to the current areas of jurisdiction of the courts has been compiled and consultation with the Judicial Service Commission, Magistrates Commission, other key stakeholders, the affected communities are on-going. The changes will be implemented incrementally consistent with the vision of the NDP of addressing the legacy of inequality and deprivation occasioned by racially-based spatial planning of the past.

c)Establishment of small claims courts in all the 387 magisterial districts will continue.

d)For the 2013/14 financial year the Department plans to :

i.Convert 5 branch courts to full service courts and

ii.Establish 14 new small claims courts.

iii.Complete the alignment 20 magisterial districts to municipal boundaries

Major Projects Undertaken In 2012/13:

PROV Project Original Completion Date

RevisedCompletion Date

GP South Gauteng High Court Major refurbishments and Additions

Sep11 Oct 13

GP Construction of new Katlehong M/O Sep 11 Jun 12

LP Construction of new Limpopo High Court

Jan12 Oct 14

EC Galvandale Oct 06 Feb 12

48

2. Access To Justice


* Polokwane High Court was due for completion in October 2012, however, the contractor moved offsite and terminated the contract due to non-performance and cash-flow problems. The Department anticipate the new contractor to be on the site at the beginning of May 2013. and completion expected in October 2014.


MTEF Capital Expenditure Project List

Ongoing and new projects to be implemented in 2013/14



Polokwane H/C (continues) Dimbaza New NPA Pietermaritzburg Office (Continues)

South Gauteng H/C (continues) South Gauteng H/C (continues) Richards Bay M/O (Continues)

Kagiso M/O (Continues) Richards Bay (New) Springbok M/O (New)

Plettenberg Bay (New) Plettenberg Bay (Continues) Mpumalanga H/C (Continues)

Mpumalanga H/C (New) Mpumalanga H/C (Continues) Mamelodi H/C (Continues)

Mamelodi M/O (New) Mamelodi M/O (Continues) Port Shepstone (Continues)

Port Shepstone (New) Port Shepstone M/O (Continues)

NPA Offices Pietermaritzburg(New)

NPA Pitermaritzburg (Continues)

Goodwood (New) Bityi M/O (Continues)

Springbok M/O (New) Tshilwavhusiku (Continues)

Tshilwavhusiku (New) Dimbaza M/O (Continues)

Bityi M/O (New)

Garies (New)

49



2. Access To Justice



50

3: Protection Of Vulnerable Groups

3.1 Improved delivery of Maintenance Services a)In 2011/12, a four-year turnaround plan for maintenance services was initiated to focus on the entire maintenance value chain which includes application procedures, application processing, payments and punitive measures for defaulting parents.

Since the implementation of this initiative, the following has been achieved in 2011/12 and 2012/13 financial years:

i.Business process re-engineering (lean management) pilot in nine sites:ii.Appointment and training of maintenance officers;iii.EFT payments to date have an average turnaround time of four days to process payments;iv.Braille to accommodate people with disabilities was piloted in two schools in Limpopo;v.Introduction of Mediation services ; andvi.Standardised signage and audio-visuals materials for the information screens mounted in each an every maintenance services waiting room.



51


3.1 Improved delivery of Maintenance Services (continued) b)The key deliverable of 2013/14 will be the implementation of year 3 of the plan. This includes extension of lean management to more sites, increasing efficiency in finalising maintenance orders, and mediated cases. The Department intends to fully implement the year 4 implementation plan of Maintenance turnaround strategy by end of 2014/15 financial year.

52


3.2 Third Party Funds

a)In the last quarter of 2012/13 financial year, the number of courts with a decentralised electronic funds transfer (EFT) system was increased to 310, making an average of 159 000 payments directly to beneficiaries. A further 62 000 beneficiaries received electronic payment via National Office. Essentially nearly 85% of payments are now via electronic means. This system has also cut the payment turnaround time to within 48 hours of allocation by courts.

b) The EFT system have been utilised to pay beneficiaries of Guardian's Fund. As of the end of the third quarter, 92% of all payments made to beneficiaries of the Guardians Fund were done via the EFT system.

c) The annual financial statements (AFS) for 3 targeted financial years from 2009/10 to 2011/12 have been prepared and submitted to Auditor-General. The annual financial statements for 2012/13 will be submitted to Auditor-General at the end of May 2013.





53


3.3 National Register for Sexual Offences

a) The National Register for Sexual Offences (NRSO) enables easy access to information regarding people convicted of sexual offences against children and people with mental disabilities. It is important to keep this register accurate and up to date.

b) In the next financial year the Department is planning to record 74% of all convictions of sexual offences against children and people with mental disabilities, however, there are still difficulties on gathering and cleaning historical convictions.

d)Inter-departmental Task Team between us and the Department of Social Development (DSD) met several times to explore the merger of the NRSO and the Child Protection Register. The teams support the merger of the two registers and that the register should be kept by and be located within the DSD.



54


3.4 Reintroduction of dedicated Sexual Offences Courts

a)There is a growing need from communities to strengthen our fight against sexual abuse, particularly against vulnerable groups. In response, the Department has relooked the possibility of dedicated sexual offences courts.

b)At the beginning of the 2013/14 financial year, 42 courts will be ready for implementation, and a further 9 will be implemented during the financial year.

c)Performance related to these courts will be tracked and monitored.



55

4. Constitutional Advocacy

4.1 Implementation of PAJA and PAIA

a) The Department of Justice and Constitutional Development is responsible for the administration and coordination of the Promotion of Access to Information Act, 2000 (PAIA) and PAJA), Promotion of Administrative Justice Act, throughout the various spheres of government.;

b) The Department has also made changes in these pieces of legislation to address issues relating to training and reporting.

c) In line with the Government and Administration Cluster under the outcome 12 delivery agreement, two new indicators were introduced:

i. Number of surveys conducted on the implementation of PAIA by public bodies,ii. Percentage of compliance with PAJA by state entities.



56

4.2 Access to Justice and Participatory Democracy Programmes

Constitutional advocacy and participation by the community through public policy dialogue is one of the important pillars of our democracy. This is achieved by strengthening community based organisations and promotion of dialogue in communities.

Some of the projects concluded 2012/13 financial year in collaboration with the Foundation for Human Rights, include the following:

a)2.7 million people reached with constitutional rights programmes (in terms Outcome 12B of the Programme of Action);b)60 grants to Civil society organisations to support human rights programmes;c)6 workshops on Hate Crimes and the National Action Plan;d)10 initiatives that have supported Women's Rights;e)2 programmes piloting innovative capacity building approaches; andf)8 public policy dialogues on various human rights issues.

PROGRAMME 3: STATE LEGAL SERVICES


57

PURPOSE

To provide legal and legislative services to organs of state, supervise the administration of deceased and insolvent estates, as well as the liquidation of juristic persons, registration of trusts and management of the Guardian’s Fund.

OVERVIEW

The discussion focuses on the following key areas relating to this programme, namely:

1.Legislative Development;

2.Masters Services; and

3.Litigation and Legal Services.



58

Legislative Highlights of 2012/2013:

Bills & Subordinate Legislation

In support of the department’s strategy of transformation within the administration of justice, the Department reviews existing legislation and introduces new bills. During the 2012/13 financial year, the following were achieved

a) 7 Bills were approved by Parliament, including key Bills such as the Superior Courts Bill and accompanying Constitution 17th Amendment Bill and the anti-trafficking in persons legislation.

b) The other 4 Bills finalised were the Judicial Matters Amendment Bill, Sheriffs Amendment Bill , a Criminal Procedure Amendment Bill and amendments to the sexual offences legislation.

c) The National Assembly approved 2 further Bills, one being the Protection of Personal Information Bill and the other a further Criminal Procedure Amendment Bill.



59

Legislative Highlights of 2012/2013:

d) Three noteworthy Bills were introduced into Parliament, namely i. the Legal Practice Bill, ii. the Anti-torture Bill andiii. the SA Human Rights Commission Bill.

e) The Department implemented the Criminal Law (Forensic Procedures) Amendment Act, dealing with fingerprints.

f) The Protection from Harassment Bill has been gazetted for implementation on 27 April 2013.

g. Three important sets of subordinate legislation emanating from the Judicial Service Commission Act were finalised and gazetted in October 2012, namely

i. regulations under section 23, ii. rules under section 25 and iii. a Code of Judicial Conduct.

h) Not all legislative targets were achieved and most of these have been carried over to the Annual Performance Plan for this year.



60

1. Legislative Development

In support of the objective to develop legislation to further democratise society, the Department further plans to develop 9 bills, 6 rules and 7 research papers in the 2013/14 financial year:

61

2. Masters Services

a) During 2012/13 financial year, the Department has completed the project of establishing new offices in Nelspruit.

b) The Department further implemented a Paperless Estate Administration System (PEAS) in Nelspruit and due to the success of the pilot, PEAS was implemented to other Masters offices in Durban, Johannesburg and Pretoria.

c) During the 2013/14 financial year, the Department plans to roll out the PEAS to all Master’s offices. This initiative will allow the practitioners and members of the public to view estate information online.

d) The EFT system have been utilised to pay beneficiaries of Guardian's Fund. As of the end of the third quarter, 92% of all payment made to beneficiaries of Guardian fund were done via the EFT system.



62

3. Litigation And Legal Services

A restructured State Legal Services envisages a consolidation of present structures rendering legal services to the State and greater co-ordination of these services. The main objectives of a restructured State Legal Services is to :

i. Create processes and infrastructure to ensure strategic management of state litigation;

ii. Ensure co-operation, efficiency, effectiveness and the proper utilisation of resources in the national interest;

iii. Entrench alternative dispute resolution mechanisms as an essential component in the management of State litigation;

iv. Create a process to strategically manage the allocation of instructions/briefs to the legal profession for effectiveness and transformational purposes and for better accountability and oversight ; and

v. Promote specialisation and instil greater confidence in all the State’s Legal Services through focused training and development.

It is envisaged that the Solicitor-General will be responsible and accountable for the implementation of the State’s litigation strategy. The administrative processes are underway



63

3. Litigation And Legal Services

For the 2013/14 financial year, the following will continue:

1. Continue with the focus of issuing 75% of counsel briefings to previously disadvantaged individuals;

2. Put measures in place to implement Alternative Dispute Resolution and other initiatives to ensure speedier and cost-effective finalisation of state cases;

3. Increase the percentage of cases successfully concluded on behalf of the State; and

4. Continue to ensure that all legal advice given to state entities is not only timely, but that they meet stipulated quality standards.



64

The DOJCD will successfully implement its strategy through the following:

1.An improved administration with an emphasis on

i.HR management and development as it is through people that we can reach the community;

ii. A continued investment in information and communication technology (ICT) as an enabler to improve service delivery; and

iii. A continued investment in improving financial management and accountability, as a total governance package.

2.Unrelenting effort on initiatives to support human rights, and in particular the promotion of rights of vulnerable groups, together with our civil society partners;

3.Continued prioritisation of services within the Masters and Maintenance services. The Department is beginning to realise good results following the turnaround projects that have been undertaken since 2011;

4.Our efforts to harness and build solid relationships with partners from the public service, civil society, the Judiciary, Prosecution, Parliament and donors will continue so as to improve our services and relevance to our stakeholders.

CONCLUSION

65

THANKS

66

Annexure 1: Indicators and Target in the Annual Performance Plan 2013/14

ANNEXURES


INDICATORS AND TARGETS

67

Objective 1. Increased compliance with prescripts for good governance

OutputIndicators

Strategic Target

Audited performanceEstimated

2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

1.1 Number of progress reports on the activities of the audit action plan completed

Six over the MTEF period

- - - - 2 2 2

1.2 Percentage of audit projects on the approved audit plan completed by Internal Audit

75% by the end of MTEF

- 80% 80% 80% 75% 75% 75%

1.3 Completion of the monitoring report of allocated CARA funds by target date

- - - By 28 Feb 2014

By 28 Feb 2015

By 28 Feb 2016

MODIFIED

NEW

MODIFIED

PROGRAMME 1: ADMINISTRATIONObjective 2. Reduction of fraud and corruption cases in the Department

Output

indicatorsStrategic

Target


2012/13

Performance

Targets

2009/10

2010/11 2011/12 2013/14 2014/15 2015/16

2.1Number of fraud and corruption staff awareness workshops conducted

118 over the

MTEF

period

- 29 30 35 35 40 43

2.2 Percentage finalisation of new forensic investigations finalised in the current financial year

60% over the

MTEF

period

- 33% 50% 40% 50% 55% 60%

2.3 Percentage finalisation of older forensic investigations finalised

65% over

MTEF

period

- 53% 65% 50% 55% 60% 65%

2.4 Number of Integrity competency assessments of senior management service (SMS) completed (Vetting forms)

135 SMS

members

vetted by 2015/16

- 34 42 95 115 125 135


MODIFIED


Objective 3. Improved effectiveness of support services

Output

indicatorsStrategic

Target

Audited performance Estimated

2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/152015/1

6

3.1 Number of communication activities implemented in line with the integrated communication campaign.

6 over the

MTEF period

- - - 20 20 20 -20

3.2 Percentage of Presidential Hotline cases finalised

85% over the MTEF

- 59% 41% 80% 80% 82% 85%

3.3 Number of Service Delivery Implementation Plan (SDIP) progress report

4 quarterly

reports per

annum until

2015/16

- - - - 4 4 4


MODIFIED

NEW


Objective 4. Optimisation of ICT systems and infrastructure

Output

indicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 20010/11 2011/12 2013/14 2014/15 2015/16

4.1 Phases of ICMS Masters’ Deceased Estates System completed.

All phases completed

- - Phase 1 Phase 2 Phase 3A Phase 3B Phase 4

4.2 Phases of the Third Party Fund system completed.

All phases completed

- - - Phase 1 Phase 2 Phase 3 Phase 4

4.3 Phases of ICMS Civil: Lower Courts completed.

All Phases completed

- - - - Phase 1 Phase 2 Phase 3


MODIFIED

NEW


Objective 5. Improved human resources service delivery

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/1 2015/16

5.1

Vacancy Rate

11% over the MTEF period

10% 10% 10% 10% 11% 11% 11%

5.2

Percentage of grievance cases finalised

50% by the end of the MTEF period

- 36% 50% 20% 40% 45% 50%

5.3 Percentage misconduct cases finalised

60% in the MTEF period

- 47% 65% 35% 50% 55% 60%

5.4Number of people trained in line with departmental objectives

18000 over the MTEF period

2595 4717 6048 6 500 5 000 6 000 7 000



Objective 6: Complete regulations to finalise implementation of TRC Recommendations

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

6.1 Number of regulations for providing assistance to the TRC victims approved.

five regulations approved by the Minister over the MTEF period

- 1 exhumations

-

- 3 (Basic, Higher education and Health

2 (Community rehabilitation and Housing)

-

6.2 Percentage of TRC Victims applications processed within four months

100% of TRC victims applications processed

-

- - - 100% 100%

100%


NEW

MODIFIED


Objective 7. Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 20010/11 2011/122013/1

42014/1

52015/1

6

7.1 Number of JCPS Cluster reports finalised

Four quarterly reports until 2013/14

- - 4 4 4 - -

7.2 Number of IJS quarterly progress reports

12 Monthly reports until 2013/14

- - - - 12 - -



Objective 8: Improved finalisation of activities in support of outputs of Outcome 3.

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

8.1 Number of cases on the backlog roll

Case backlog reduced to 33 504

38563 37034 34926 34187 33504 32833 32176



Objective 9: Increased promotion and protection of the vulnerable groups

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

9.1 Percentage implementation of the approved Maintenance Turnaround Project

100% of plan(spanning four years)implemented

- - 80% 90% of the 2 year plan

100% of the Year 3 Plan

100% of the Year 4 Plan

-

9.2 Percentage of convictions recorded electronically on the NRSO

80%of convictions recorded electronically on the NRSO

- 11% 70% 72% 74% 78% 80%

9.3 Number of re-established sexual offence courts completed

50 over the MTEF

- - 0 42

9

15 26


MODIFIED

NEW


Objective 10: Increased protection of the best interest of children and promotion of family cohesion through mediation services

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

10.1 Percentage of non litigation family law mediated.

25% over the

MTEF period

- - - 30% 15% 20% 25%

10.2 Percentage of family advocates’ court reports filed within 15 days of completion of enquiry

50% over the

MTEF period

- - - 50%

50% 50% 50%


MODIFIED

MODIFIED


Objective 11: Increased access to justice services to historically marginalised communities

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10

2010/11 2011/12 2013/14 2014/15 2015/16

11.1 Number of small claims courts established in magisterial districts

All Magisterial courts have at least one small claim court

11 new courts

26 new courts

23 new courts

20 14 - -

11.2 Number of branch courts converted to full-service courts


15 - 3

3 5 - -

11.3 Number of magisterial districts aligned to municipal boundaries

- - - - - 20 30 30

11.4 Number of Policy documents developed

- - - - - 3 2 2


NEW

MODIFIED


Objective 12: Improved delivery of services at the courts

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

12.1 Percentage of requests for default judgments dealt with by the clerk of the court granted within 14 working days of the receipt (Districts courts)

50 to granted within 14 days in the MTEF period

- - - 65% 50% 50% 50%

12.2 Percentage of unopposed taxations processed within 14 days from the date the matter is set down (Districts courts)

65% of unopposed taxation to be processed within 14 days in the MTEF period

- - - 65% 65% 65% 65%



Objective 13: Increased efficiency in the provision of services to beneficiaries of the guardian’s fund,trust,and insolvent and deceased estate

IndicatorsStrategic

Target


2012/13

Performance

Targets2009/1

02010/11 2011/12 2013/14 2014/15 2015/16

13.1 Percentage of letters of appointment issued in deceased estates within 15 days from receipt of all required documents


- - - 90% 90% 91%

92%

13.2 Percentage of liquidation and distribution accounts in large estate (R125 000)examined within 15 days from receipt of all required documents.


- - - 90% 85% 86% 87%

13.3 Percentage of beneficiaries in receipt of services within 40 days from the receipt of all required documents(Guardian’s fund)


- - 90% 90% 90% 90% 91%


MODIFIED


13. Increased efficiency in the provision of services to beneficiaries of the Guardian’s Fund, trusts, insolvent and deceased estates

Indicators


2012/13

Performance

Targets

2009/102010/1

12011/12 2013/14

2014/15

2015/16

13.4 Percentage of Certificates of Appointment issued in all bankruptcy matters within 10 days from receipt of all required documents


- - - 90% 80% 81% 82%

13.5 Percentage of Liquidation and Distribution Accounts in bankruptcy matters examined within 15 days from receipt of all required documents


- - - 90% 80% 81% 82%

13.6 Percentage of Letters of Authority issued in Trusts within 14 days of receipt of all required documents

93 % over the MTEF period

- - 90% 90% 91% 92% 93%



13. Increased efficiency in the provision of services to beneficiaries of the Guardian’s Fund, trusts, insolvent and deceased estates

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/112011/1

22013/14 2014/15 2015/16

13.7 Percentage of Guardian’s Fund money paid through the EFT system


- - - 90% 94% 95% 96%



14. Enhanced litigation services

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/152015/1

6

14.1 Increased value of briefs to be allocated to PDI Counsel


- 70% 70% 75% 75% 75% 75%

14.2 Percentage of in rolled cases successfully concluded by the State Attorney

5o% over the MTEF period

- - - 50% 50% 50% 50%



15. Improved provision of legal services to the state organs

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

15.1 Percentage of legal opinions finalised within 20 days from date of entry


- 60% 70% 75% 60% 65% 70%

15.2 Percentage of preliminary opinions on draft bills for Cabinet’s consideration completed within 20 days of receipt


- 85% 87% 90% 60% 65% 70%

15.3 Percentage of bills and other legal instruments scrutinised or certified within 25 days of receipt


- 85% 87% 90% 60% 65% 70%

15.4 Percentage of translations finalised within 55 days

100% finalised within 55 days

- 100% within 70 days

100% within 65 days

100% within 55 days

100% within55 days

100% within55 days

100% within 55 days


MODIFIED

MODIFIED

MODIFIED

MODIFIED


16. Improved provision of legal services to the state organs

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

15.5 Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed within 25 days(notification)

100%

finalised within 25 days.

- 100% within one month

100% within three weeks

100% 100% 90% 100%


MODIFIED


16. Preparation of sound, effective and efficient legislation

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

16.1 Number of bills relating to the effective and efficient delivery of justice services completed


16

15 - 8 9 1 -

16.2 Number of research papers developed


- 18 - 7 7 1 -

16.3 Number of Court rules relating to effective and efficient delivery of justice services


26 48 - 5 6 1 -


NEW

NEW

NEW


17. Promotion of Constitutional Development and Strengthening of participatory democracy to ensure respect for fundamental human rights.

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

17.1 Number of activities toward improving PAJA compliance

4 in the next financial year

- - 3 2 4 - -

17.2 Number of activities completed on the projects for improved access justice, including restorative justice mechanism for venerable and marginalised groups.


- - - 100% 22 - -



16. Preparation of sound, effective and efficient legislation

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

17.3 Number of activities completed for the projects to increase awareness and knowledge of constitutional rights among vulnerable and marginalised groups.


- - - 100% 11 - -

16.2 Number of activities completed for the projects to enhance participatory democracy through public policy dialogues and strengthening capacity of the community based organisations.


- - - 100% 11 - -



18. Administration of the implementation of Promotion Access to Information Act (PAIA) of 2000

IndicatorsStrategic

Target


2012/13

Performance

Targets

2009/10 2010/11 2011/12 2013/14 2014/15 2015/16

18.1 Percentage level of compliance with PAIA by DoJ&CD


- - 100% 100% 100% 100% 100%

18.2 Annual Surveys on the implementation of PAIA by public bodies concluded.


- - - - 1 1 1


NEW

Documents

DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 17 – 18 APRIL 2013