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BUDGET PRESENTATION TO PARLIAMENTARY COMMITTEE ON JUSTICE

BUDGET PRESENTATION TO PARLIAMENTARY COMMITTEE ON JUSTICE. 15 June 2004. LAB Budget Presentation: Content. Slide Number LAB Mandate 3 LAB Strategic Planning 8 LAB Governance Framework 12 LAB Policy Framework 13 LAB Budget 2003/04 16 LAB Infrastructure 26

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BUDGET PRESENTATION TO PARLIAMENTARY COMMITTEE ON JUSTICE

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  1. BUDGET PRESENTATION TO PARLIAMENTARY COMMITTEE ON JUSTICE 15 June 2004 LAB Budget Presentation to Parliamentary Committee

  2. LAB Budget Presentation: Content Slide Number • LAB Mandate 3 • LAB Strategic Planning 8 • LAB Governance Framework 12 • LAB Policy Framework 13 • LAB Budget 2003/04 16 • LAB Infrastructure 26 • LAB Legal Services Delivery 33 • LAB New Initiatives 46 • Making the Legal Justice System Work 54 • LAB Budget 2005/06 and MTEF 2005/08 57 • Challenges and the Way Forward 70 LAB Budget Presentation to Parliamentary Committee

  3. 1. LAB Mandate 1.1 LAB Constitution 1.2 Legal Aid Act & PFMA 1.3 Amendments proposed to Legal Aid Act Submitted to Minister for Parliament LAB Budget Presentation to Parliamentary Committee

  4. 1.1 LAB Constitution • The Constitution guarantees legal assistance to • Children (S.28) -criminal and civil proceedings • Detained & Accused (S.35)-criminal proceedings • Bill of Rights(Chapter 2, S.35(3)(g)) affords every accused person the right to a fair trial which includes the right to have a legal practitioner assigned at state expense LAB Budget Presentation to Parliamentary Committee

  5. 1.2 Legal Aid Act & PFMA • Legal Aid Act • The Legal Aid Act provides for • Legal aid to indigent persons • Legal representation as per the Constitution • Public Finance Management Act • The PFMA • Lists the Legal Aid Board as a Schedule 3A Public Entity • Chapter 6 provides a management framework within which the business operates LAB Budget Presentation to Parliamentary Committee

  6. 1.3 Amendments proposed to Legal Aid ActSubmitted to Minister for Parliament Section 3: • Purpose to include provision of education and information about rights and obligations • Means to include salaried legal practitioners and paralegals • References to constitution to be updated Section 3A: • Legal Aid Guide to be restricted to “principles and criteria” according to which legal aid is granted • Legal Aid Guide to be binding on legal service providers Section 3B: • Internal application and appeal procedures to be utilised first • LAB to be able to appeal and review court orders, especially if relating to particular legal practitioners or increased fee LAB Budget Presentation to Parliamentary Committee

  7. 1.3 Amendments proposed to Legal Aid ActSubmitted to Minister for Parliament (cont) Section 4: • Composition of Board to be a balance of executive, non executive and independent non executive • Balance of Skills/backgrounds • Reduction to 14 members (from 18 members) • Members of the Board to choose the chairperson Section 8: • The Board to determine remuneration and conditions of employment within MTEF Section 9: • Choice of a Corporation for Public Deposits or a registered Bank when depositing monies received LAB Budget Presentation to Parliamentary Committee

  8. 2. LAB Strategic Planning 2.1 LAB Strategic Plan 2003 2.2 LAB Business Plan 2004/05 LAB Budget Presentation to Parliamentary Committee

  9. LAB Vision: A just South Africa in which the rights enshrined in our constitution are respected, protected and defended to ensure justice for all LAB Mission: To become a leading provider of legal services, ensuring quality access to justice for the poor and vulnerable in an independent manner 2.1 LAB Strategic Plan 2003 LAB Values Passion for Justice  Service Excellence  Accountability  Integrity  Efficiency and Effectiveness  Respect for Human Dignity and Diversity LAB Budget Presentation to Parliamentary Committee

  10. 2.1 LAB Strategic Plan 2003(cont) LAB Budget Presentation to Parliamentary Committee

  11. LAB STRATEGIES 2004/05 Externally focused strategies Promote Human Rights,Rule of Law & Efficient & Effective Legal-Justice System Quality Legal Services Delivery [Priority] Internally focused strategies Governance Finances IT Strategy Human Resources LAB Management 2.2 LAB Business Plan 2004/05 LAB Budget Presentation to Parliamentary Committee

  12. 3. LAB Governance Framework MINISTER: JUSTICE & CONSTITUTIONAL DEVELOPMENT Audit BOARD OF INDEPENDENT NON EXECUTIVE DIRECTORS INSTRUMENTS -Policy -Strategic Plan -Business Plan -Budget Legal Services BOARD COMMITTEES Board Exco MANAGEMENT REPORTING SYSTEM EXECUTIVE MANAGEMENT Remco Internal Audit Dept Reports on performance against business plan approved strategic and budgetary framework • Provides Assurance • on Management • compliance with: • PFMA • Policies • Board Directives External Auditors

  13. 4. LAB Policy Framework 4.1 Legal Aid Guide Legal Aid Circulars (updating the Guide) 2003 and 2004 4.2 LAB Policies and Procedures Manual LAB Budget Presentation to Parliamentary Committee

  14. 4.1 Legal Aid Guide • Legal Aid Amendment Act (S3A) provides for a Legal Aid Guide to clarify the administration of the Legal Aid Scheme • Legal Aid Guide must serve before Parliament once a year • 10th addition served before Parliament in 2002 • Approval of 2003 & 2004 by the Minister and Parliament is still awaited • In the interim new policy changes are effected by Circulars (see Annexure 1 for list of Circulars post 2002 Guide) • Recent amendments to the Guide enable expansion of civil work portfolio and simplify the means test enabling more applicants to be afforded Legal Aid • Imperative that the outstanding Ministerial and Parliamentary approval is finalised LAB Budget Presentation to Parliamentary Committee

  15. 4.2 LAB Policies and Procedures Manual • LAB Policies and Procedures are encompassed in a Policies & Procedures Manual, approved by the governing Board of the LAB • Policies and procedures are compliant with the Legal Aid Act, PFMA and other relevant legislation • These policies and procedures cover Legal Services Delivery, Finance, IT, HR, Communications, and Internal Audit. • Service delivery at Justice Centre level is guided by a Justice Centre Manual which outlines administrative systems as well as legal services systems and procedures LAB Budget Presentation to Parliamentary Committee

  16. 5. LAB Budget 2003/04 5.1 Annual Financial Statements 2003/04 5.2 Request to NT for retention of accumulated surplus and response (2003) 5.3 LAB Budgets 2004/05 • Direct/Indirect Spend 2004/04 • Legal-aid Spend per region and per department 2004/05 • Legal-aid Spend per delivery system 2004/05 • Cash Flow Requirements 2004/05 5.4 Underspend for 2003/04 and how it has improved since 2001 LAB Budget Presentation to Parliamentary Committee

  17. 5.1 Annual Financial Statements 2003/04 The deficit arose through spending some of the rollover funds from previous years. LAB Budget Presentation to Parliamentary Committee

  18. 5.2 Request to NT for retention of accumulated surplus and response : 2003/04 • LAB requested National Treasury to retain accumulated surpluses for MTEF cycle • Sustainability • Accumulated funds utilised for non recurring costs • Annual allocation utilised for recurring costs • National Treasury’s response • R120 million to be returned to National Treasury • R109 million to be retained and utilised in 2003/4 (R60million) and 2004/5 (R49million) financial years • Motivation for additional funding should be made for subsequent years LAB Budget Presentation to Parliamentary Committee

  19. 5.3 LAB Budgets 2004/05 :Direct/Indirect Spend 2004/05 LAB Budget Presentation to Parliamentary Committee

  20. 5.3 LAB Budgets 2004/05 (cont)Direct/Indirect Spend 2004/05 LAB Budget Presentation to Parliamentary Committee

  21. 5.3 LAB Budgets 2004/05 (cont)Direct/Indirect Spend 2004/05 LAB Budget Presentation to Parliamentary Committee

  22. 5.3 LAB Budgets 2004/05 (cont) Legal-aid Spend per region 2004/05 LAB Budget Presentation to Parliamentary Committee

  23. 5.3 LAB Budgets 2004/05 (cont)Spend per delivery system (JC, judicare, co-op partners) LAB Budget Presentation to Parliamentary Committee

  24. 5.3 LAB Budgets 2004/05 (cont) Cash Flow Requirements 2004/05 (cont) LAB Budget Presentation to Parliamentary Committee

  25. 5.4 Underspend for 2003/04 and how it has improved since 2001/02 LAB Budget Presentation to Parliamentary Committee

  26. 6. LAB Infrastructure 6.1 LAB offices (JC, regions, national) 6.2 LAB staffing 6.3 LAB JC and Satellite Office Map 6.4 LAB local presence at courts in relation to Prosecution LAB Budget Presentation to Parliamentary Committee

  27. 6.1 LAB National InfrastructureLAB offices (JCs, regions, national) LAB Budget Presentation to Parliamentary Committee

  28. 6.2 LAB Staffing  - May 2004 LAB Budget Presentation to Parliamentary Committee

  29. 6.2 LAB National Infrastructure Increase Since 2000 Justice Centres and Satellite Offices Opened LAB Budget Presentation to Parliamentary Committee

  30. LAB Budget Presentation to Parliamentary Committee

  31. 6.4 LAB local presence at courts in relation to NPA NPA in WLD LAB in WLD LAB Budget Presentation to Parliamentary Committee

  32. 6.4 LAB local presence at courts in relation to NPA (cont) (303) LAB Budget Presentation to Parliamentary Committee

  33. 7. LAB Legal Services Delivery 7.1 LAB Delivery System 7.2 LAB Legal Service Delivery for 2003/04 7.3 Legal Delivery by delivery system 7.4 Project and actual finalised, new, pending per province and total 7.5 Civil/criminal 7.6 Cost per case and comparison to judicare 7.7 Legal Services Quality Quality legal services – interventions Legal training 7.8 Client Satisfaction and Accessibility 7.9 Public and stakeholder work on Human Rights issues LAB Budget Presentation to Parliamentary Committee

  34. 7.1 LAB Delivery Mechanisms The Legal Aid Board Delivery Mechanisms Include: • Justice Centres (in-house legal practitioners/ public defenders) • Judicare (private legal practitioners acting on instruction of LAB) • Co-operation Partners (other NGOs providing legal services with funds provided by LAB) LAB Budget Presentation to Parliamentary Committee

  35. 7.2 Legal Service Delivery for 2003/04 LAB Budget Presentation to Parliamentary Committee

  36. 7.3 New Legal Matters by Delivery System 2003/04 LAB Budget Presentation to Parliamentary Committee

  37. 7.4 Projected and actual new matters per province 2003/04 LAB Budget Presentation to Parliamentary Committee

  38. 7.5 Legal Aid Delivery New Matters LAB Criminal/civil work 2003/04 Criminal cases: 88% civil cases: 12% LAB Budget Presentation to Parliamentary Committee

  39. 7.6 Cost per case and comparison to judicare * Figures to be revised once number of finalised matters is verified LAB Budget Presentation to Parliamentary Committee

  40. 7.7 Quality legal services – interventions Implemented 2003/2004 – • Input Check List Self Assessment (Target >65%) • File Closure Evaluation • Management Assessment • Client Satisfaction Survey (Pilot) • Legal Mentoring and Support • Legal Training LAB Budget Presentation to Parliamentary Committee

  41. 7.7 Quality legal services – interventions (cont) To be implemented 2004/2005 • As for 2003/2004 PLUS • Input Check List Self Assessment (Target >75%) • Judicial Officer feedback • Independent Assessment • Client Satisfaction • Further Legal Training LAB Budget Presentation to Parliamentary Committee

  42. 7.7 Quality Legal Services (cont) Legal training 2003/2004 • Beginner Candidate Attorney Training • Mentoring and Coaching • Practical legal Training for CA’s • Mediation and Negotiation • Advanced Family Law • JC Seminars LAB Budget Presentation to Parliamentary Committee

  43. 7.7 Quality Legal Services (cont) Legal training 2004/2005 • As for 2003/2004 PLUS • Basic Criminal Defence Work • Basic Family Law • Trial Advocacy • Advanced Criminal Procedure • Evidence of Experts in Criminal Law (incl sexual offences) • Plea Bargaining • Mediation and Arbitration • Legal Advice to pre-empt Litigation • Land Matters (PIE & ESTA) • Labour Law • Civil matters likely to be dealt with by Justice Centres (Micro-loans, Stockvels, Burial Societies, Short-Term Insurance, Credit Agreements, Rescissions of Judgments) LAB Budget Presentation to Parliamentary Committee

  44. 7.8 Client Satisfaction and Accessibility Client Satisfaction • Input surveyed to determine whether quality reception and legal services provided • Complaints Boxes • Internal Appeal Procedures Accessibility • Saturday Clinics • Review of Legal Aid Applications rejected • Research on Automatic Reviews LAB Budget Presentation to Parliamentary Committee

  45. 7.9 Public and stakeholder work on human rights issues • Public and stakeholder work on human rights issues directed to creating a climate in which rights are understood and respected • Projects aimed at women, families in crisis, youth and awaiting trial prisoners • LAB Newsletters (in 11 languages) on Bill of Rights, LAB Delivery and LAB services to 6 million poorest households • Each Justice Centre links to the school in its community through Art projects, sporting events that re-inforced Legal Aid Board values and the importance of rules based society • Joint programmes with the SA Youth Council, SANGOCO and the SAPS/Constitutional Hill Committee that collaborated on shared human rights objectives. • Programme to educating Awaiting Trial Prisoners on their rights to Legal Aid and fair treatment as enshrined in the Constitution LAB Budget Presentation to Parliamentary Committee

  46. 8. LAB New Initiatives 8.1 LAB Ad Infinitum 8.2 LAB OCP 8.3 LAB Pilot Projects LAB Budget Presentation to Parliamentary Committee

  47. IMPLEMENTATION APRIL 2004 LAB Budget Presentation to Parliamentary Committee

  48. ARCHITECTURE OVERVIEW • Custom Developed AppsOff the Shelf Apps LIBERTY.NET Application Processing K2.NET Resource Allocation SYSPRO DATA BASE Diary & time-sheet PRO-CLARITY Taxation LAB Budget Presentation to Parliamentary Committee

  49. AD INFINITUM: ADVANTAGES • Scanning feature – minimises the need for paper • Provides a facility to track payments • Facilitates administrative decentralisation • Facilitates Business Intelligence reporting, accommodating data, graphs and charts, etc • Provides real-time processing of requisitions, purchase orders, invoices, authorisations, etc • Allows information gathering from anywhere in the country • Enables pro-active control of expenditure • Improves overall efficiency, accessible to all staff • Document distribution simplified • Legal and administration diary management LAB Budget Presentation to Parliamentary Committee

  50. AD INFINITUM: CHALLENGES • User Learning Curve very steep, many users are not computer literate • Workflow (K2 .Net) software still unstable • System performance/speed improvement required – software optimisation in progress • Staff “Roles and Responsibilities” not fully developed yet, still in evolution LAB Budget Presentation to Parliamentary Committee

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