PROGRAMME INDICATORS AND TARGETS

1. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • Focus areas requested by Select CommitteeA • The DOJCD wishes to indicate that most of the issues raised by the Committee is being dealt with under the Pillars of the Integrated Criminal Justice Strategy (ICJS) and in that regard we may require the Committee to grant us the opportunity to present the ICJS and the IJS systems development aspects in a separate briefing at some point. In the interim we will reflect on the various aspects of the ICJS as part of the focus areas posed. • Focus Area 1: • 1.Implementation of the Criminal Justice System Review and the roll out of integrated justice systems

2. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • INTEGRATED CRIMINAL JUSTICE STRATEGY (ICJS) • The Cabinet approved the ICJS on 29 March 2017 and its post Cabinet statement reiterated to: (a) address challenges and shortcomings across the criminal justice value chain; and (b) strengthen the cooperation and integration of law enforcement agencies in realizing the strategic objective of the NDP (building safer communities and creating a resilient anti-corruption Criminal Justice System towards contributing to the Outcome that All People in South Africa are and Feel Safe). • The ICJS is an opportunity to review the 1996 NCPS and the Cabinet’s 7 Point Plan of 2008 informed by the NDP and emerging challenges that the criminal justice id face with: • Principles underpinning the ICJS: • 1. Developing a new CJS value system informed by the Constitution and international obligations • Radical reform of the CJS from its colonial/apartheid legacy; • 2. Legislative Reform & Business Process Re-engineering as part of the broader Renaissance Programme • - Transform to legal framework in its entirety including Bail from arrest-Bail-to parole/re-integration into society building on the work of the SALRC

3. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • 3. Developing a new CJS value system informed by the Constitution and international obligations • - Radical reform of the CJS from its colonial/apartheid legacy; • 4. Role of the Judiciary within the context of on-going institutional reforms • Role of the Chief Justice and the Judiciary within the Constitutional and institutional reform; criminal jurisprudence • - Minister will discuss with the Chief Justice matters related to court performance management to become part of the framework. • 5. Modernisation / automation to leverage on efficiency (IJS system developments) • Evaluations need to be made to assess the impact of the IJS investments on the CJS as a whole; Governance aspects and involvement of Minister/Judiciary/Heads of Entities/JCPS and interface with SITA; Need to improve governance arrangements to ensure inclusivity and high level involvement • The primary objective of the IJS Programme is to: • Electronically enable and integrate the end-to-end criminal justice business processes (i.e. from the report of a crime to the release of a convicted person), through technology solutions; and • Manage the related inter-departmental information exchanges across the CJS

4. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS INTEGRATED CRIMINAL JUSTICE STRATEGY (ICJS) 5. Role of provinces and local government structures in the CJS - Role and mandate of provinces with reference to NDP 6. Putting people at the centre of the CJS - Victims and the role of society, involvement of business; the religious sector; civil society 7. Resourcing the CJS as an essential element of domestic stability and economic growth - Integrated budgeting model 8. Monitoring and evaluation - Strengthening the monitoring and oversight role of JCPS 9. Integration and coordination - Coordination within the Justice family; Inter-departmental and across cluster interface; liaison with Judicial structures (NEEC & PEECs)

5. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS The following transversal IT platforms are the highlights of the IJS project (a) 1 CJS Single Person Identifier A unique identifier for person identification (incl. multi-modalbiometrics) and tracking through the CJS (b) 2 Person Identification Verification Application (PIVA) Identification & verification of persons (against biometrics) as wellas vetting (criminal record “fast-check”) (c) 3 Case Management Integration Electronic information exchange and case workflows across thecriminal justice process (d) The 28 KPI Reporting Dashboard Executive dashboard of key metrics that provide a holistic overviewof the status of the SA Criminal Justice Process (e) Single Transversal Database for JCPS Cluster BusinessIntelligence Establish a single database for the JCPS cluster for CJS statistical purposes

6. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • ICJS Implementation Matrix: Strategy to be in place by April 2018 • Brief JCPS DG Forum and JCPS Ministers Cab Committee Quarter 1 (Q1) 2017 • Finalise Secretariat and staffing for the TT/Committee/Panel of Experts Q1 2017 • Departments to provide capacity to the committee through their best resources for a period of minimum of 12 months • Finalise the TOR and project plan Q1 2017 • Involvement of stakeholders and public participation, during Q2, informed amongst others, by the recent visits, by amongst others the President and JCPS Cluster, to hotspot areas • Regular Reports to Cabinet and Parliament • Reports on project deliverables – Monthly • Final costed Strategy and Implementation: April 2018

7. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS Focus Area 2 2. Concerns in the 2016 Budget Review and Recommendation Report about the substantial increase of backlog cases from 29 480 in 2014/15 to 47 324 in 2015/16. The Ministry’s comment on the effect this has on overcrowding in the Department of Correctional Services particularly with regard to those detainees awaiting trial and action plan to address the matter.

8. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • Various measures have been put in place to help assist with improved efficiency of the courts and the reduction in case backlogs: • Additional capacity have been provided at lower court level through more magistrates being appointed as well as the establishment and continuance of 47 backlog courts based on contract appointments which will be converted into permanent posts over the MTEF cycle. For 2017/18, the aim is conversion of 17 such courts in 2017/18. These backlog courts have managed to ensure that the court rolls remain under control. The 47 backlog courts finalised 16 472 cases for 2016/17 (DC: 13 935 and RC: 2537) • Norms and Standards have been Gazetted by the Chief Justice and all presiding officers are required to finalise matters speedily in terms of these norms and standards. Monitoring in this regard is done by the OCJ • Case flow management and regular engagement are held with the Judiciary at the highest level through meetings with the Chief Magistrates Forum, the Regional Presidents Forum, JOASA, as well the OCJ National and Provincial Efficiency Enhancement Committees (NEEC and PEECs) to improve the situation • Alternative Dispute Resolution Mechanisms (ADRM) has been promoted to ensure we deal increasingly with matters through amongst others diversion and mediation in criminal matters and court annexed mediation in terms of civil matters. • It is trusted hat the Traditional Court Bill as well the community courts envisaged in terms of policy development will alleviate pressure at the courts. • Review of parole aspects will also be considered to help alleviate overcrowding where appropriate.

9. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • FOCUS AREA 3 • 3. Building a resilient anti-corruption system. Progress with the National Development Plan (NDP) recommendations concerning the need for – • A review of mandates and functions of all agencies with a view to some rationalisation and clearer demarcation of functions; • ensuring the autonomy of each agency is reinforced to insulate them from political pressure; • ensuring the availability of specialist resources; • rebuilding the National Anti-Corruption Forum and eliminating weak co-ordination by ensuring there is an coherent and holistic anti-corruption policy in place.

10. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • Building a resilient anti-corruption system • The DOCJD, NPA and SIU all form part of and contribute to the work of the Anti-corruption Inter-Ministerial Committee (ACIMC) that is chaired by DPME Minister in the Presidency, Mr Radebe. The ACIMC was established by President J.G. Zuma in June 2014 and which is mandated to oversee all government’s anti-corruption efforts and initiatives, and to track progress both at the policy and operational levels. The DOJCD is however not the lead instance • One of the key structures created at the coalface of the battle to eliminate corruption is the Anti-Corruption Task Team (ACTT) which is constituted by close to fourteen (14) departments and institutions. • The work of the ACTT is encapsulated in five focus areas, namely, i) communication and awareness; ii) intelligence coordination, policy and strategy development; iii) public sector policy and capacity development including legislative review; iv) vulnerable sector management; and v) crime operations and resolutions. • The ICJS as approved by Cabinet has amongst other objectives to also strengthen the cooperation and integration of law enforcement agencies in realizing the strategic objective of the NDP in building safer communities and creating a resilient anti-corruption Criminal Justice System towards contributing to the Outcome that All People in South Africa are and Feel Safe.

11. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • ANTI-CORRUPTION STRATEGY • The ACIMC directed the ACTT to develop the National Anti-Corruption Strategy and Implementation Plan for South Africa, to ensure a “Whole of Government and Society” approach to combating corruption in all its manifestations. • This is informed by the National Development Plan, which stipulates that anti-corruption efforts must seek to realise the following outcomes: • • Building a resilient anti-corruption system• Strengthening accountability and responsibility of public servants• Creating a transparent, responsive and accountable public service• Strengthening judicial governance and the rule of law. • Part of the work in this regard that is receiving attention are - • A review of the mandates and functions of all agencies with a view to some rationalisation and clearer demarcation of functions; • ensuring the autonomy of each agency is reinforced; • ensuring the availability of specialist resources at eg NPA, DPCI, SIU • Specialist Tribunals under the SIU is currently receiving attention. • The rebuilding the National Anti-Corruption Forum is currently receiving attention through the ACIMC and the ACTT

12. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • A National Anti-Corruption Strategy • Progress - • In the Medium Term Strategic Framework, under Outcome 3, the JCPS and ACIMC have prioritised the review of our Anti-Corruption Policy framework. • Government has initiated a process to develop a comprehensive National Anti-Corruption Strategy that takes into account all existing institutional structures and initiatives to fight corruption. • This was accompanied by a Diagnostic Report that identified the main challenges and informs the focus and elements required to craft the Strategy. • The Diagnostic report led to the drafting of a Discussion Document, to set a starting point for this national dialogue on an integrated Anti-Corruption Strategy, and which was launched on 14 May 2017. • To take this process forward a series of public consultations in provinces and with various sectoral interest groups will now be done. The public will also be able to provide written inputs and comments through electronic platforms. • A CARC meeting to consider CARA funding for integrated anti-corruption activities and victim empowerment, support and communication, will be held later this week. • The ACTT is already working on a draft Anti-Corruption Strategy

13. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • A National Anti-Corruption Strategy Progress cont. • The ACTT comprising the heads of the National Prosecuting Authority, the DPCI, the Financial Intelligence Centre, SARS, the Department of Justice and IPID, who all form part of the Anti-Corruption Task Team, as well as the Auditor General, briefed SCOPA on 23 May 2017 on cases referred to them by various government departments and general progress regarding anti corruption measures. This highlighted the collective efforts across the JCPS to deal with these matters in a coordinated manner. • SCOPA welcomed the briefing and the integrated approach. • Stats from the ACTT presented to SCOPA illustrated the following positive progress 2016/17: • Value of money/ assets potentially recoverable: R126,9 m • Value of money/ assets recovered: R32,7 m • Value of potential loss prevented: R106,5 m • Value of contracts /admin actions set aside/ deemed invalid R4 b • Value of AFU freezing orders (corruption amounts more than R5m): R1,124 b • Value of AFU recoveries R220,6 m • Value of recoveries from government officials: R1,17 m • Concerns were raised however regarding perceived low sentencing – this will be addressed with the OCJ as part of the ICJS

14. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS 5. Slow pace of the disciplinary processes of magistrates, at enormous costs to the State and negative impact on court services. Minister of Justice and the Magistrates Commission to discuss SC concerns and how this can be address, possibly through legislative amendments. At its meeting with the Magistrates Commission on 8 March 2017, the Select Committee requested the Commission and/or the Department of Justice and Constitutional Development to review the Magistrates’ Act of 1944 as well as other relevant legislation in order to streamline disciplinary processes and steps taken in respect of magistrates. • We are currently busy with ongoing discussions to improve the current situation as well as the consideration of legislation to align the lower court disciplinary processes with that of the Higher Court judiciary

15. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • 6. Bail matters related to overcrowding in DCS • Population numbers are affected by the following - • Total number of persons referred for detention, • the duration of the court cases, • the duration of the sentences imposed, and • the non-custodial measures applied including the parole system or the early release system (conditional release, probation periods and alternatives to prison sentences implemented). • Criminal justice legislation, policy and processes that play a role in inmate population are: • Bail provisions • Case Flow management (speedy finalisation) • Mandatory minimum sentencing laws • Increase in number of long sentences and life sentences • Changes in eligibility for early release

16. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • Overcrowding • The daily average population increased over a period of 50 years from 74,435 in 1965/66 to 159,333 in 2015/16 financial year. This is an increase of 114.06%. Accommodation increased from 53 074 to 119 134. • Through interventions and focused attention national overcrowding of facilities have been reduced from 40.25% to 33.74%. The highest level of overcrowding was experienced between 1999 and 2004. Since then annually decreasing • INITIATIVES TO ADDRESS RD AND BAIL CHALLENGES • 1. The ICJS: • Will include Policy, Legislative, Procedures and Process re-engineering across the CJS value chain - The overhaul of policies, legislation and processes that permeate the criminal justice system such as the Criminal Procedure Act; as well as alignment of department-specific policies and legislation in line with the common vision. Bail review • Will include addressing, in an integrated manner, overcrowding of correctional facilities and especially RDs/ bail aspects

17. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • 2. Office of the Chief Justice • Training of Judicial Officers: South African Judicial Education Institute • Creation of integrated judiciary led forums to resolve problems— • National Efficiency Enhancement Committee (NEEC) • Provincial Efficiency Enhancement Committee (PEEC) • Regional and Local Committee’s which address case flow management and challenges • 3. SAPS • Implemented a new National Instruction on bail and the release of persons • 4. Integrated National Initiatives: • Protocols developed to improve integrated CJS functioning, including bail protocol • Integrated Remand Detainee Bail Task Team (to find solutions eg where persons are granted bail, but are unable to pay) • Communication regarding the need to ensure that the 7 day remand provisions are not abused

18. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • 5. Integrated Provincial Initiatives, eg • EC – review of bail of persons unable to pay bail within 30 days • FS – drive for 62(f) releases (supervision by correctional officials) • KZN – Awaiting Trial Detainees Project – all options • LMP – multi-pronged strategy (review bail, prioritise matters, etc) • NC – reporting and tracking of cases; review bail • MP – focus on trial readiness; prioritise cases with RDs • NW – bail not fixed below R500 – other options considered • GP – focus on RD cases • WC – Action Plan – reduce Pollsmoor overcrowding

19. FOCUS AREAS PROGRAMME INDICATORS AND TARGETS • 6. Legal Aid SA’s impact regarding Remand Detainee Population • Legal Aid SA ensures that all incarcerated accused persons are afforded an opportunity to make a bail application, including a further application based on new facts or a bail appeal, depending on the merits. • The presence of practitioners at every court makes it possible for bail applications to be brought at the earliest opportunity, usually, at the accused’s first appearance. • The bail status of all Legal Aid SA clients in custody is continuously monitored so that appropriate steps can be taken eg. An application for the reduction of the bail amount. • Legal Aid SA practitioners are obliged to make use of the 2 stage approach to bail applications especially in view of the fact that they act for indigent accused to whom the question of affordability of bail is crucial. • Legal Aid SA practitioners are also required as part of their representation of their clients to bring applications for a review of the bail amounts whenever this remains unpaid for a period of time. • Legal Aid SA practitioners also monitor that the provisions of section 49G are implemented by the DCS so that representations can be made for the court to review the custody status of their clients. • Legal Aid SA works with DCS to provide detailed reports to all PEECs so that obstacles delaying matters are better identified so that the relevant stakeholders can address this. • Legal Aid SA has also funded an impact litigation case to address the plight of inmates who are housed in overcrowded facilities.