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OFFICE OF THE CHIEF LITIGATION OFFICER

This report discusses the key challenges faced by the Office of the Chief Litigation Officer, including poor image, weak relationship management, and litigation specific challenges. The report also proposes solutions such as building capacity, implementing a legal intern program, and strengthening stakeholder management.

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OFFICE OF THE CHIEF LITIGATION OFFICER

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  1. OFFICE OF THE CHIEF LITIGATION OFFICER

  2. LITIGATION CHALLENGES IN THE NEXT 3 YEARS 1a. POOR IMAGE FOR THE BRANCH WHICH EMANATES FROM: - Lack of resources - Skills - Poor case management - Public Relations

  3. KEY CHALLENGES 1b. WEAK RELATIONSHIP MANAGEMENT - Inadequate/No instructions - Poor communication with stake holders - Misunderstanding of Attorney and client relationship - Lack of professionalism

  4. KEY CHALLENGES 2. LITIGATION SPECIFIC CHALLENGES 2a. INCREASINGLY LITIGIOUS SOCIETY - Home Affairs - Health Department - Correctional Services - Procurement procedures - PAJA matters - Labour matters - SAPS and/or DoJ - Constitutional Challenges - State Liability Act being declared unconstitutional

  5. ADDRESSING CHALLENGES Building Capacity • Additional allocations made for improvement of physical resource capacity-Additional allocation of R5m was made available in the 2007/8 financial year • Skills audit and skills development plan to be developed and rolled out • BPI audit on human resource capacity awaiting approval. Recommendations made for additional posts as listed hereunder:

  6. A.RECOMMENDED ADDITIONAL POSTS ( PROFESSIONAL AND ADMINISTRATIVE) PER OFFICE • Bloemfontein: 13 • Durban: 11 • Cape Town: 17 • Johannesburg: 39 • Pretoria: 52 • Kimberley: 14 • Mafikeng: 15 • Port Elizabeth: 17 • Thohoyandou: 12 • Bisho 20

  7. Building Capacity (cont) • Work is in progress to re-open a branch Office for the Bhisho state attorney’s office in Umtata, to improve on service delivery to state departments and also reduce on operational costs related thereto. ( refer to report attached)

  8. B. LEGAL INTERNS PROGRAMME Three categories of interns have been identified to both serve as additional capacity for State Attorney offices and also provide training for the unemployed recent graduates and matriculants: the following categories of internship posts have been advertised for the offices: 1. Candidate Attorneys per office: • NORTH WEST (3): Mmabatho (3) • GAUTENG (41):  Johannesburg (36); Pretoria (5). • EASTERN CAPE (6): Bisho (3); Port Elizabeth (3) • FREE STATE (3): Bloemfontein (3) • LIMPOPO (2): Thohoyandou (2) • WESTERN CAPE (3):  Cape Town (3). • NORTHERN CAPE (3): Kimberley (3)

  9. Legal Secretaries: • GAUTENG (5): Johannesburg (1); Pretoria (4). • FREE STATE (3): Bloemfontein (3) • NORTHERN CAPE (2): Kimberley (2) • LIMPOPO (2): Thohoyandou (2)

  10. Legal Assistants (Paralegals) • NORTH WEST (5): Mmabatho (5) • GAUTENG (5): Pretoria (5). • FREE STATE (2): Bloemfontein (2) • LIMPOPO (1): Thohoyandou (1)

  11. Addressing Challenges (cont.) Strengthening Stakeholder Management • National State Litigation Management Conference to be held in June 2008, and annually thereafter • Establishment of a State Litigation Management Forum-to create a platform for better communication and co-operation between State Attorneys and their client departments. • Conclusion of Service Level Agreements between State Attorneys and client departments- Cabinet memo seeking approval will be tabled on 14 May 2008 • Directory of State officials responsible for litigation in final draft form, in process of layout finalisation.

  12. ADDRESSING CHALLENGES ● Policy Development - A State Litigation Blueprint is to be developed, to provide for the efficient management of litigation involving the state. ● Litigation Risk Analysis - to be conducted, to identify risk factors and interventions necessary to manage the risk ● Strengthening PAJA compliance - Partnership to be established with Constitutional Development to ensure compliance with PAJA throughout government

  13. Civil Litigation: Statistics2006/7 financial year 2006/7 financial year we spent about R270 187 274.34 Expenditure per dept: SAPS – R31m SARS – R22 m NDPP – R17m DPSA – R10m Chap 9 & Public Entities – R7.2m EC spent R52.7m (R30m spent on SocDev) REFER TO ATTACHED STATISTICS

  14. Expenditure per province 2006/7 • Free State – R10.8m • EC – R52.7m • WC – R11.8m • Limpopo – R6m • Mpumalanga – R5.7m • Gauteng – R17.3m • NW – R4.2m • KZN – R8.9m • NC- stats not kept as the office was still new)

  15. 2007/8 Financial Year per quarter • First Quarter - R60m • Second Quarter - R51m • Third Quarter - R66m • Fourth Quarter - Still on the process of consolidation including the whole of 2007/8 statistics report. These shall be ready for Budget Speech.

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