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PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT

PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT 2010/2011 13 OCTOBER 2011. CONTENTS. Introduction Departmental Performance Report 2.1 Key Departmental Challenges 2.2 Key Policy Developments

dennis-hickman
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PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT

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  1. PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT 2010/2011 13 OCTOBER 2011

  2. CONTENTS • Introduction • Departmental Performance Report • 2.1 Key Departmental Challenges • 2.2 Key Policy Developments • 2.3 Overview on Service Delivery • 2.4 Programme Performance Against The Strategic Plan • Financial Report • 3.1 Budget And Expenditure Outcome • 3.2 Audit Outcomes • 3.3 DOJ’s Medium Term Expenditure Framework • Conclusion

  3. 1. INTRODUCTION Vision A transformed and accessible justice system which promotes and protects social justice, fundamental human rights and freedom. Mission We commit to provide transparent, responsive and accountable justice for all. Principles And Values: Commitment to Constitutional Values and a Culture of Human Rights; Batho Pele; Good Governance; Ubuntu; Professionalism and Continuous Improvement; and Open Communication.

  4. 1. INTRODUCTION The Department of Justice and Constitutional Development (DoJ&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy. In promoting this, the Department continued in the period under review with the pursuance of its strategic goals relating to: • Improvement in the administration of justice through good governance and accountability; • Provision of effective and efficient justice services through speedy resolution of criminal, civil and family law disputes; and • Provision of transformed legal services advancing the interest of government and the people of South Africa.

  5. 2. DEPARTMENTAL PERFORMANCE REPORT

  6. 2.1 KEY DEPARTMENTAL CHALLENGES There are a number of challenges that the department has identified as critical issues that should be addressed in order to improve the administration of the department and service delivery. These are: • Addressing matters that result in a qualified report by the Auditor General A detailed audit action plan has been put together to address the Third Party Fund qualification and all the audit findings that have been previously identified by the Auditor General. Monthly reporting against the progress on audit findings has been implemented for close monitoring of progress. 2. Addressing issues on the quality of performance information There are challenges with the department’s management of performance information. Addressing this challenge will assist the department to identify service delivery weaknesses and other challenges, and identify resources needed to address these challenges. A number of initiatives that have been put in place include: • Implementation of policies and procedures to assist with effective management of performance information; • Implementation of an electronic performance management system (Troux); • Implementation of the Barn Owl system to assist with the management of forensic, grievance and disciplinary case information; • Increased focus on performance management by internal audit;

  7. 2.1 KEY DEPARTMENTAL CHALLENGES 3. Critical spending pressures The department has identified spending pressures (slide 58) for the 2011/12 financial year. There has been initiatives put in place to reduce spending and channel the limited funds available to areas with urgent need. There is therefore a risk that departmental performance for the 2011/12 financial year might be affected. 4. Using Information technology as an enabler The department is seeking opportunities to derive more value in the investment in IT. This initiative will likely lead to improvements in service delivery within the DoJ& CD and Justice Crime Prevention and Security Cluster partners (JCPS).

  8. 2.2 KEY POLICY DEVELOPMENTS Key Policy Developments (AR 25-30) During the year under review, the department made significant progress in the development of policies and pieces of legislation aimed at transforming the judicial system. The highlights are: • Rationalisation of the Superior Courts: The revised Superior Courts Bill and revised Constitution 17th Amendment Bill, as well as the Judicial Matters Amendment Bill, which, among others, establishes High Courts in Polokwane and Nelspruit, were approved by Cabinet. • Re-designation of Branch Courts into full services courts: This is aimed at bringing justice closer to the people. Of the 90 branch courts, 15 were re-designed into proper courts. 4 branch courts in Gauteng, Limpopo and KwaZulu-Natal are in the process of re-designation. • Civil Regional Courts: This is aimed at promoting judicial expertise of the magistrates through establishment of civil jurisdiction in the regional courts and designation of places of hearing of civil and divorce cases. • 9 Registrars and 51 assistant Registrars were appointed to render case support at regional courts where civil and divorce matters are heard. • The Magistrate Court Act was amended to remove the requirement of the LLB degree as a requisite appointment of Regional Magistrates.

  9. 2.2 KEY POLICY DEVELOPMENTS Key Policy Developments (AR 25-30). • Justice Crime Prevention and Security Cluster: A JCPS Cluster Delivery Outcome was signed in October 2010, with a focus on the 8 outputs regarded as key interventions in the fight against crime. A number of initiatives have been put together within the cluster, these include: • Implementation of the Seven-Point Plan to identify the Criminal Justice System. A number of initiatives have been completed and detailed under performance information (slide 28) • Departments under the JCPS cluster are addressing case backlogs through coordinated and prioritised efforts. Performance has been showed under slide 28.

  10. 2.2 KEY POLICY DEVELOPMENTS Protection and promotion of the rights of vulnerable groups (AR page 47,49) The Department continued to interact with other departments within the JCPS Cluster to develop legislation, policies and programmes that are aimed at protecting and promoting the rights of children, the aged, the disabled, women, the poor and other disadvantaged groups. • The Restorative Justice National Policy Framework was developed and approved by the Directors-General of the JCPS Cluster. A Communication Strategy on Restorative Justice was developed to form part of the National Policy Framework. • Restorative Justice fact sheets and booklets were developed and disseminated to all regions as information tools to raise awareness and training initiatives. The Restorative Justice National Task Team developed a National Implementation Plan. • The Trafficking In Persons Interdepartmental Implementation Plan, Inter-Departmental State of Readiness Report and the Costing Report have been finalised and submitted for consideration by the Portfolio Committee on Justice and Constitutional Development.

  11. 2.3 OVERVIEW ON SERVICE DELIVERY

  12. 2.3 OVERVIEW OF SERVICE DELIVERY COURT INFRASTRUCTURE: (AR page 32) One of the objectives of the department is to extend access to justice services, and during the period under review, the following projects were completed: • Three new Court buildings: Ashton Periodical Court in Western Cape, Ekangala Magistrate Office in Mpumalanga and Hankey Magistrate Office in the Eastern Cape. • Additional accommodation for three courts: Stanger Magistrate Office in KwaZulu-Natal, Swellendam Magistrate office, Eastern Cape and Bredasdorp Magistrate Office, Western Cape. Continuing infrastructure projects from 2010/11:

  13. 2.3 OVERVIEW OF SERVICE DELIVERY COURT PERFORMANCE: Case Backlogs (AR page 14) • The case backlog project assists the department with speedy finalisation of cases. The Department funds appointment of magistrates, prosecutors, legal aid practitioners and other support staff. • At the end of March 2011, there were 56 Regional and 16 District backlog courts and 17 026 cases removed from the backlog project. The department is currently working with the Judiciary and Prosecution to improve the current status. • The table below shows the number of cases removed from the roll through the case backlog project during the period under review.

  14. 2.3 OVERVIEW OF SERVICE DELIVERY COURT PERFORMANCE: Court Statistics (AR 15-23) Court Statistics • The statistics indicate that on average 1 673 high and lower courts sat, and finalised 331 045 cases with verdict and an average conviction rate of 88.7%. This indicates 5.7% reduction from 350 910 verdict cases finalised in 2009/10. • 962 317 new cases enrolled and disposed of 535 429 cases, resulting in a positive clearance ratio of 2,7%. • Positive also was the increase in usage of Alternative Dispute Resolution mechanisms (ADRM) (460 891 cases were finalised with 1.8% reduction from the previous financial year) . • There was an increase of 9.5% of cases finalised through ADRM. • Both lower and high courts maintained high conviction rates – High Courts: 87.8%; Regional Courts: 73.4%; District Courts: 90.7%. • The number of cases withdrawn was reduced by 7.1%. This is due to implementation of improved screening processes.

  15. 2.3 OVERVIEW OF SERVICE DELIVERY COURT PERFORMANCE: Court Statistics (AR 15-23) Criminal Courts: • District courts finalised 420 607 cases consisting of 292 648 verdict cases (69.6%) and 127 959 ADRM cases (30.4%). • Regional courts finalised 39 197 cases comprising of 37 310 verdict cases (69.8%) and 1 887 ADRM cases (4.8%). • High court finalised 1 087 cases. A total of 1 050 criminal cases finalised through a trial at high court and 37 cases convicted by regional courts and transferred to the high court for sentencing. Comparison of Criminal Cases finalised between 2009/10 and 2010/2011:

  16. 2. 2 OVERVIEW OF SERVICE DELIVERY COURT PERFORMANCE: Court Statistics (AR 15-23) Civil Courts During the period under review there has been a major increase in trials and judgments on the civil courts across the country, notably from Gauteng and Western Cape. Currently, the department is working on the data collection and verification method of civil cases.

  17. 2.3 OVERVIEW OF SERVICE DELIVERY COURT PERFORMANCE: Court Statistics (AR 15-23) Civil Courts (Small Claims Courts) • During the period under review: • 26 new Small Claims Courts and Advisory Boards were established; • 17 Inactive Small Claims Courts and 16 Inactive Advisory Boards were revived; • 229 Commissioners and 217 advisory board members were appointed; • Guidelines for Commissioners and Clerks were finalised and distributed; • 104 Commissioners and potential Commissioners were trained; • 3 Official launch events were held for the launching of the Small Claims Courts; and • Partnerships were formed with Legal Aid South Africa and the Law Society of South Africa.

  18. 2.3 OVERVIEW OF SERVICE DELIVERY COURT PERFORMANCE: Court Statistics (AR 15-23) Civil Courts (Small Claims Courts) Number of small claims cases load and cases handled in the last two financial years During the period under review, there has been a reduction in the number of old cases within the Small Claims Courts, particularly in the Eastern Cape, Free State and Gauteng.

  19. 2.3 OVERVIEW OF SERVICE DELIVERY MASTER OF THE HIGH COURT PERFORMANCE: • During the period under review, all 402 magistrate offices have been designated as service points of the Master of the High Court. • Noticeable from the table below is the steady increase in the registration of new matters particularly on deceased matters. • Service Delivery statistics of the Masters show that Master’s Offices comply with turnaround times stipulated: - 93% of beneficiaries of the Guardian’s Fund received payments within 40 days (against the target of 80%) - 99.8% of estates files below < R125 000 were finalised within 4 months - 99.3% of estate files > R125 000 were finalised within 12 months Number of cases handled at the Master’s Office

  20. 2.3 OVERVIEW OF SERVICE DELIVERY FAMILY ADVOCATES: (AR 22) • During the period under review , The Family Advocate handled 10 640 new cases and finalised 9 074 cases. • 59 regional courts have been designated to preside over civil matters affecting children’s welfare. Number of cases handled by the Family Advocate

  21. 2.3 OVERVIEW OF SERVICE DELIVERY MAINTENANCE SERVICES (AR 47) A number of initiatives were undertaken to improve the delivery of services within the maintenance and domestic violence area. These were: • 27 additional maintenance investigators were appointed in response to the Service Delivery Improvement Plan; • Specialised training for 270 maintenance officers and investigators was conducted through the Justice College; • Transunion Credit Bureau (ITC) training for investigators was conducted in 4 provinces.; • Integrated Case Management System (ICMS) was developed and piloted in Port Elizabeth and Pretoria. This system will assist with the determination of the turn-around time in finalisation of maintenance applications. During the period under review, there was 33% increase in enquiriesdue to an increased awareness on maintenance services. There is also an improved compliance with court orders for maintenance shown by a 33% increase in payments through emolument. Maintenance statistics for 2009/10 and 2010/11

  22. 2.4 PROGRAMME PERFORMANCE AGAINST THE STRATEGIC PLAN

  23. 2.4 PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION (AR 41) The purpose of this programme is to manage the department, develop policies and strategies for the efficient administration of justice, and provide centralised support services. Strategic Objectives : • Improve corporate governance to comply with PFMA requirements; • Manage priority projects aimed at internal control systems; • Provide sound management of state resources; • Expand justice infrastructure and service to people living in townships and rural areas; • Provide strategic leadership to JCPS and strengthen oversight mandate; • Increase public understanding of justice and demonstrate service delivery; and • Intervene to protect victims from the impact of apartheid and crimes

  24. 2.4 PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION Achievements In respect to the objectives for this programme, the following were key achievements during the 2010/11 financial year: • Completion of approved audit plans by Internal Audit The internal audit unit assists the department to identify areas of improvement in internal controls. For the year under review, the unit succeeded in implementing 96% of approved audit plans, against the target of 80%. • Staff awareness raising sessions on fraud and corruption Besides the speedy finalisation of fraud and corruption cases, the department offers awareness sessions to staff, and for the period under review, 29 staff awareness raising sessions conducted., against the target of 10. Over 400 members of staff attended these sessions. • Training by Justice College 5841 staff were trained in identified priority areas against the target of 4500. This included prosecutorial courses (1531), Masters (353), Clerks of the Civil Court (335), Judicial training (829), Clerks of the Family Courts (1298) and leadership and management (456).

  25. 2.4 PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION Achievements • Improvement in the departmental vacancy rate The vacancy rate of the department decreased to 9.8 % against the 2010/11 target of 10%. In addition 3 key senior management posts in the Office of the Chief Financial officer were filled. • ICMS implementation For the period under review, the Integrated Case Management System was rolled out to 478 lower courts and 12 High Courts against the target of 250 and 3, respectively. These systems assist the department to manage the flow of cases in our courts and other service points. The department is also considering to improve the operational efficiency of the system in the next financial year. • Presidential Hotline cases During the period under review, 62.5% of new presidential hotline enquiries were finalised within 30 days against the target of 60%. Major progress has also been made in addressing backlog cases.

  26. 2.4 PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION Challenges There are key areas where the department experienced performance challenges due to a number of factors. These include: • Finalisation of disciplinary , grievance and forensic cases 40% of disciplinary cases and 48% of grievance cases were finalised against the target of 60% and 70% respectively. For forensic cases, new cases were finalised within 6 months against the target of 2 months. A new system (Barn Owl) has been installed and will be used to assist the department to handle these cases as well as forensic and misconduct cases). • Qualification on irregular expenditure and Third Party Funds: A detailed action plan has been put in place to address these qualifications in the next financial year. This includes compilation of credible financial statements, training in cash management, financially qualified staff deployed in key service points and implementation of new systems for maintenance payments.

  27. 2.4 PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION Challenges • Audit findings on performance information The department has a major challenge regarding the quality of performance information. Some of the initiatives to ensure better audit outcomes in 2011/12 include implementation of an electronic performance information management system (Troux) and implementation of policies and procedures to assist with effective management of performance information. A detailed action plan has been put in place to address these qualifications in the next financial year. • Finalisation of outstanding TRC cases and supporting regulations 8 (1%) of the outstanding 875 beneficiaries were paid during the period under review. (against the target of 30%). An action plan has been put together to finalise TRC cases and regulations within the next two financial years . This includes the involvement of regional offices and using media. For the new financial year, progress has already been made, with over 100 beneficiaries paid . Performance tables for all indicators under programme 1 are shown on Attachment 1

  28. 2.4 PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION Challenges • Finalisation of security roll-outs project 7 court security installations were completed against the target of 127. Some of the challenges included heritage sites, lack of building drawings. A plan has been put in place to address the pace of the roll-out for the next financial year. • Lost records 44% of lost records were reconstructed against the target of 100%. There were challenges experienced with the reconstruction of lost case records from existing digital recordings. To address the source of the problem, an off-site record project has been implemented to store digital copies of case documentation which can be easily accessible in the event of the originals going missing. The project has been successfully implemented at the five courts and a total of 2 877 260 cases (75 million digitised pages). Performance tables for all indicators under programme 1 are shown on Attachment 1

  29. 2.4 PROGRAMME PERFORMANCE PROGRAMME 2: COURT SERVICES 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 manage court facilities Strategic Measurable Objectives (AR page 46): • Review criminal and civil justice systems; • Ensure qualitative and timely justice services; • Provide sound administrative support and guidance to regional offices to enable effective and efficient delivery of justice services to the communities; • Improve the delivery of services to comply with Batho Pele Principles; • Protect and promote the rights of vulnerable groups (children. Women, the aged, the poor and the disabled); and • Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.

  30. 2.4 PROGRAMME PERFORMANCE PROGRAMME 2 : COURT SERVICES Achievements (AR 46) In respect to the objectives for this programme, the following were key achievements: • Finalisation of family law cases 64% of family cases involving children’s matters were finalised during the period under review, against the target of 50%. This despite the increased workload as a result of the designation of 59 regional courts to hear children's matters. • 7-point plan interventions 60% of the identified interventions of the 7-point plan of the criminal justice system were finalised in line with the annual target. These interventions include pre-screening protocol for case readiness, and improved co-ordination between the NPA and the Legal Aid South Africa, Regional Court Protocols, capacitation in Forensic Chemistry laboratories and Intersectoral Case Flow Management guidelines. • Case backlogs The number of cases removed from the case backlog was increased to 15 403, against the target of 14 815. • Capacitation of the Office of the Chief Justice During the period under review, the department assisted with the formation of the newly established Office of the Chief Justice by providing staff. By the end of the year, 5 key staff were appointed in line with targets.

  31. 2.4 PROGRAMME PERFORMANCE PROGRAMME 2: COURT SERVICES Challenges There are areas where the department experienced performance challenges due to a number of factors. These include: • Case finalisation There was a 0% increase in finalisation of lower court criminal cases (against the annual target of 2% increase). This matter is under consideration within the JCPS cluster . Performance measurements for diversions and admission of guilt indicators have been a challenge and further strengthening of processes to ensure more accurate data recording is under investigation. Performance tables for all indicators under programme 2 are shown on Attachment 1

  32. 2.4 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES (AR 61) The purpose of this programme is to provide legal and legislative services to government, supervise the administration of deceased and insolvent estates, administration of the Guardian’s Fund, prepare and promote legislation and undertake research in support of this. Strategic Measurable Objectives : • Promote constitutional development and strengthen participatory democracy; • Improve provision of legal services to state organs; • Administer deceased and insolvent estates, the Guardian’s Fund, Trusts and curatorship; and • Develop and promote legislation.

  33. 2.4 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES (AR 61) Achievements In respect to the objectives of this programme, the following were achieved: • Turnaround times in the Masters services: - 93% of beneficiaries of the Guardian’s Fund received payments within 40 days, (against the target of 80%) - 99.8% of estates files below < R125 000 were finalised within 4 months, and - 99.3% of estate files > R125 000 were finalised within 12 months. • Counsel Briefings 69% of the value of counsel briefs were awarded to previously disadvantaged individuals and firms, against the target of 65%. Of the 2210 cases finalised, 757 (34%) were won, 659 were lost (30%) and 794 (36%) were settled.

  34. 2.4 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES • Legislative Development : (AR page 57, 62) During the year under review various substantive Bills as well as subordinate legislation and Rules of Court were dealt with. 15 bills were drafted for further deliberations in Parliament, against a target of 12. These were: • Superior Courts Bill – Extradition Bill • Constitution Seventeenth Amendment Bill – Judicial Matters Amendment Bill • Muslim Marriages Bill – Constitution Eighteenth Amendment Bill (education) • Legal Practice Bill – Prevention and Combating of Torture Bill • Magistrates’ Courts Amendment Bill – Criminal Procedure Amendment Bill • Sheriffs Amendment Bill – Executive Members’ Ethics Amendment Bill • State Liability Amendment Bill – Justice Administered Fund Bill • Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill In addition, 48 subordinate legislation (against the target of 14) , 18 research papers (against the target of 15) and 10 rules/amendments to rules were dealt with.

  35. 2.4 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES (AR 61) Achievements: • Human Rights and Participatory Democracy Programmes The department has received funding to the value of 25 million Euros from the European Union in support of participatory democracy and promotion of human rights. Success achieved through this funding includes: • Capacitation of 183 community based organisations to offer para-legal services such as legal advice, interpretation of laws and policies and accessing of state services. • Establishment of 18 community advice centres , where there was a need for such centres • 10413 asylum seekers, refugees and migrants were assisted.

  36. 2.4 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES (AR 61) Challenges There are areas where the department experienced performance challenges due to a number of factors. These include: • Reduction in legal costs The legal costs incurred by the department increased by 9% during the year under review, against a target of a 25% decrease. A number of key activities , which include alternative dispute resolution, renegotiation of legal fees, use of state attorneys in the courts , have been identified. • Reduction in the turnaround time for legal opinion 60% of legal opinions were finalised within the 21 days stipulated against a target of 100%. The Office of the Chief State Law Advisor has put a plan in place to maximise existing capacity in order to improve this service. Performance tables for all indicators under programme 3 are shown on Attachment 1

  37. 3 FINANCIAL REPORT

  38. 3.1 BUDGET AND EXPENDITURE OUTCOME (R’000) 2010/112009/102008/09 Final Budget 8,278,111 7,538,269 6,403,716 Less Expenditure 8,189,658 7,514,440 6,302,176 Balance 89,153 13,829 41,540 Percentage Expenditure 98,999,8 99,4

  39. 3.1 BUDGET AND EXPENDITURE OUTCOME Expenditure outcome per Programme: DOJ&CD

  40. 3.1 BUDGET AND EXPENDITURE OUTCOME Expenditure per Economic Classification

  41. 3.1 BUDGET AND EXPENDITURE OUTCOME Key Observations on Departmental spending: 2010/11 Financial year • Maintained overall departmental spending – expenditure of 98.9 % compared to 99,8 % in 2009/10. • The major reason for under spending is earmarked amounts for IJS modernisation programme (R40,036 million) and suspension of the PPP for Moneys in Trust (R44,63 million ). Earmarked funding can’t be utilised for other purposes as prescribed in the PFMA. • Spending on compensation of employees at 100 % of parliamentary approved budget. • Goods and services spending at 97,4 % mainly due to the earmarked allocations. • Increased capital spending of R542 million against an originally approved budget of R479,7 million.

  42. 3.2 AUDIT OUTCOME

  43. 3.2 AUDIT OUTCOME 2010/11 • Vote – Qualified • Guardians’ Fund – Unqualified • President’s Fund – Unqualified • CARA – Unqualified

  44. Vote Account – Basis for Qualification 3.2 AUDIT OUTCOME 2010/11 • Third Party Funds (TPF) – the AG could not rely on the adequacy of the fund’s financial and control system in relation to • - Departmental Revenue, - • - Contingent Liability and Provisions note and • - Revenue Receivables. • Irregular expenditure of R81 million – Completeness. The department did not have an adequate system for identifying and recognizing all irregular expenditure. 44

  45. 3.2 AUDIT OUTCOME 2010/11 Key Initiatives To Achieve NAQ • Debriefing workshops – Executive management/Regional Heads / Regional Finance Directors • Comprehensive National Audit Action Plans supplemented by regional Audit Plans on identified audit risk areas • Establishment of Internal Control Component for expenditure assessment and monitoring , adherence to financial prescripts and reporting • Additional human resource capacity in supply chain and asset management • Task team/s deployed in Regions for training and technical guidance focussed on compliance, Asset Management, irregular expenditure and supply chain management practices

  46. 3.2 AUDIT OUTCOME 2010/11 Key Initiatives To Achieve NAQ • Enhancing departmental policies and prescripts – 3 quotations, delegations, tax compliance of service provider. • Monthly progress reporting to Executive management on status of implication of approved audit action plans. • Quarterly Financial Statements preparation – these statements are then quality review by the senior manager in financial reporting services. Exceptions are investigated and followed up.

  47. 3.2 AUDIT OUTCOME 2010/11 Key initiatives to conclude credible financial reporting for Third Party Funds • Baseline Financial reporting AFS for 2009/10 and 2010/11– In Progress with due date end of October 2011. • Skills Assessment – Concluded skills assessment for 249 Officials working in the TPF environment. • Training and staff development – training programme launched in all regions (for a period of 9 weeks during October and November ) for finance personnel and court management (area) and Directors of Court Operations. Compressive training manuals and workbooks developed for TPF training. • Interim AFS for 2012 – In Planning Phase – January 2012. • AFS 2012 – April 2012. • Systems review – To advise on the future operating model of TPF. Treasury approval were obtained for development/procurement of new system. Additional measures Internal control - Enhanced controls on cash management and payouts – Already completed EFT deployment to 35 offices (against a target of 60 for 2011/12). Additional capacity deployment – funding secured for 45 accounting and technical personnel to oversee and manage the TPF function at regional level.

  48. 3.3 DOJ&CD 2012 MEDIUM TERM EXPENDITURE FRAMEWORK

  49. 3.3 DOJ&CD 2012 MEDIUM TERM EXPENDITURE FRAMEWORK Justice and Constitutional Development Contribution • The Department and its associated entities mainly contributes to Government’s Outcome 3 – All people in South Africa are and feel safe. • This is supported by our Vision - A transformed and accessible justice system, which promotes and protects social justice, fundamental human rights and freedoms. • The key mandate of the Department is to support the administration of justice and uphold the Constitution • The Department aims to fulfil its mandate and its contribution to Outcome 3 with its four Strategic Goals • Increased accountability, effectiveness and efficiency of the Department. • Improved effectiveness and efficiency in the delivery of justice services. • Transformed legal services to protect and advance the interest of government and citizens and promote constitutional development is promoted. • Effective coordination of the JCPS cluster in the delivery of Outcome 3 .

  50. 3.3 DOJ&CD 2012 MEDIUM TERM EXPENDITURE FRAMEWORK Indicative MTEF Budget Allocations: Year On Year Growth Growth in 2012/2013 driven by increased provisions for appointments of judges and magistrates, carry through cost of salary increases , planned IT upgrades and funding for building of 2 high courts.

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