1 2007/08 Preliminary Expenditure Outcomes Justice & Protection Services Depts: Correctional Services, Defence, Justice, SAPS, Independent Complaints Directorate Joint Budget Committee 30 May 2008 Velile Mbethe

2 SCOPE 1.Spending outcomes 2.Virements 3.March Spikes 4.Spending items 5.CJS Performance 6.Personnel growth & vacancy rates 7.Infrastructure growth 8.Results of Auditor-General reports 9.Other issues

3 Spending Outcomes – Correctional Services FinancialAdjustedFinal%(Over)/ Year(R’000)AppropriationExpenditureSpentUnderspending 2002/03 7,026,833 7,068, % (41,642) 2003/04 7,520,423 7,387, % 133, /05 8,457,4928,301, % 155, /06 9,324,220 9,066, % 257, /079,831,512 9,251, % 580, /08 (Preliminary) 11,384,409 11,122, % 262,035

4 Spending per economic classification: Correctional Services Correctional Services(R’000) Adjusted Budget Preliminary Spending 31 March 2008 Deviation (Available funds less spending) % spent % spent as at end March 2007 Current payments:9,856,7179,779,70377, % 98.2% Compensation of employees6,761,9506,810,426(48,476)100.7% 99.9% Goods and services3,094,7172,966,703128, % 94.7% Interest and rent on land % 40.4% Financial transactions in assets and liabilities 02,552(2,552) Transfers and subsidies:32,013212,279(180,266)663.1% 80.7% Provinces and municipalities5,75735,084(29,327)609.4% 51.7% Departmental agencies and accounts3,9083, % 100.7% Public Corporations & public enterprises 160(160)#DIV/0! Households22,348173, % Payments for capital assets:1,495,6791,130,398365, % 69.0% Buildings and other fixed structures1,400,5921,068,727331, % 65.9% Machinery and equipment95,08761,67133, % 92.3% Total11,384,40911,122,380262, % 94.1%

5 Spending Outcomes – Defence FinancialAdjustedFinal%(Over)/ Year(R’000)AppropriationExpenditureSpentUnderspending 2002/0318,844,73418,835, % 8, /0419,800,00419,825, % (25,980) 2004/0519,411,81919,410, %1, /0622,670,48222,664, % 5, /0723,902,90423,817, % 85, /08 (Preliminary)26,291,78526,002, % 289,679

6 Spending per economic classification: Defence Defence(R’000) Adjusted Budget Preliminary Spending 31 March 2008 Deviation (Available funds less spending) % spent % spent as at end March 2007 Current payments 15,872,951 15,771, , % 99.6% Compensation of employees 9,736,678 9,736, % Goods and services 6,119,044 6,021,043 98, % 98.9% Financial Transactions in assets and liabilities 17,229 14,318 2, % 100.0% Transfers and subsidies to: 9,771,996 9,733,591 38, % 100.0% Provinces and municipalities 36, % Departmental agencies and accounts 9,087,651 9,050,141 37, % 100.0% Public corporations and private enterprises 473, , % Non-profit institutions 3,772 2, % 90.2% Households 170, % Payments for capital assets 646, , , % 94.6% Buildings and other fixed structures 220,945 93, , % 66.6% Machinery and equipment 417, ,169 22, % 100.0% Software and other intangible assets * 8, % Total 26,291,784 26,002, , %99.6%

7 Spending Outcomes – Justice & Constitutional Development FinancialAdjustedFinal%(Over)/ Year (R’000)AppropriationExpenditureSpentUnderspending 2002/034,406,1444,484, % (78,713) 2003/044,723,6314,747, % (24,250) 2004/055,231,5005,247, % (16,236) 2005/066,035,7105,923, %112, /077,549,7037,104, % 445, /08 (Preliminary) 8,805,1858,562, %242,822

8 Spending per economic classification: Justice Justice & Constitutional Development(R’000) Adjusted Budget Preliminary Spending 31 March 2008 Deviation (Available funds less spending) % spent % spent as at end March 2007 Current payments 5,852,568 5,825,068 27, % 97.0% Compensation of employees 3,201,636 3,182,981 18, % 99.1% Goods and services 2,646,649 2,638,125 8, % 94.2% Financial Transactions in assets and liabilities 4,283 3, % 99.9% Transfers and subsidies to: 997, ,667 1, % 99.9% Provinces and municipalities % Departmental agencies and accounts 977, , % Foreign governments and international organisations 4,220 3, % 129.6% Households 15,276 14, % 100.0% Payments for capital assets 688, , , % 65.3% Buildings and other fixed structures 414, , , % 55.7% Machinery and equipment 268, ,762 16, % 80.0% Software and other intangible assets * 5,479 4, % 100.0% Subtotal 7,538,667 7,373, , %92.7% Judges & Magistrates' salaries 1,266,518 1,188,847 77, %102.6% Total 8,805,185 8,562, , %94.1%

9 Spending Outcomes – Safety & Security FinancialAdjustedFinal%(Over)/ Year(R’000)AppropriationExpenditureSpent Under- spending 2002/0319,713,54419,713, % /0421,967,92621,967, % /0524,572,90424,572, % /0628,480,50428,480, % /0732,521,23132,521, % /08 (Preliminary)36,386, % -

10 Spending per economic classification: Safety & Security Safety & Security (R’000) Adjusted Budget Preliminary Spending 31 March 2008 Deviation (Available funds less spending) % spent % spent as at end March 2007 Current payments:34,057,65133,461,927595, % 97.8% Compensation of employees25,685,02025,522,647162, % 96.1% Goods and services8,372,6317,935,853436, % 103.3% Financial transactions in assets and liabities 03,427(3,427) 100.0% Transfers and subsidies:320,076334,134(14,058)104.4% 77.3% Provinces and municipalities17,45319,630(2,177)112.5% 104.7% Departmental agencies and accounts15,89316,298(405)102.5% 100.7% Households286,730298,206(11,476)104.0% 73.8% Payments for capital assets:2,008,3782,590,044(581,666)129.0% 145.3% Buildings and other fixed structures727,019732,470(5,451)100.7% 102.3% Machinery and equipment1,280,8591,856,602(575,743)144.9% 164.8% Cultivated assets500972(472)194.4% Total36,386, % 99.9%

11 Virement – Correctional Services R103.2m shifted to Administration for filled posts & R19.6m away to Security for implementation of Resolution 1 of 2007 R80.1m shifted to Security for filled posts & Resolution 1 of 2007 (R192.7m) R274.1m shifted away from Corrections & Care for filled posts under Administration & Security and shortfall on Security(R155.6m) R27.2m shifted to Social Reintegration to fund filled posts The bulk of the funds shifted were from and to compensation of employees in various programmes.

12 Virement – Defence Virement in the 2007/08 Adjusted Estimate process was mainly from savings identified in the Programme: Special Defence Account's operating funds, to fund various shortfalls in other programmes i.r.o of compensation of employees. An over-provision for municipal services on the Programme: Administration was shifted to Programme: Joint Support for the upgrading of the Air Force Base Waterkloof. R83m was rolled-over for repairing and maintaining facilities and for upgrading and constructing buildings. After the Adjusted Estimate process, approval was granted to the Defence to augment transfer payments for RSC levies by R36.2m. The Department's request to virement R41m from goods and services to compensation of employees to fund expenditure relating to increased peace support operations in Burundi was approved. Virement by the Department after the Adjusted Estimate process includes: (i) virement between goods and services and transfers and subsidies to defray expenditure in respect of severance packages under the item transfers to households (R74.6m), and (ii) virement between goods and services and machinery and equipment to defray expenditure in respect of equipment ordered (R112m).

13 Virement – Justice & Constitutional Development During the 2007 AENE, R104m was shifted from Court Services (goods and services) to Administration (for HR management interventions, improving the Guardian Fund’s accounting practices and maintaining SITA applications), State Legal Services (to appoint additional state attorneys and personnel for state law advisory services), and Auxiliary and Associated Services (for a LAB project aimed at reducing criminal case backlogs. After the Adjusted Estimates, R148.8m were shifted from Court Services and State Legal Services (goods and services) to Administration and National Prosecuting Authority (to provide for the purchasing of additional machinery and equipment) and to Auxiliary and Associated Services (to provide for the implementation of Resolution 1 of 2007 in LAB & SIU). The savings on Court Services resulted mainly from delays in the implementation of projects such as MMT, whilst the savings on State Legal Services resulted from funded vacancies (advocates and Master personnel).

14 Virement – Safety & Security An amount of R373.6m was shifted from Visible Policing (Compensation of Employees) to other programmes after adjusted estimates. The reason for the shifting of funds was lower than expected realization of compensation related expenditure such as promotions, pay progression and civilian enlistments. The shifted amount was utilised to enhance capacity and efficiency through spending on IT with specific focus on Firearm Control System and Automated Vehicle location System, training interventions, restructuring of detective environment, purchasing of vehicles, crime scene and general equipments.

15 March Spikes – Correctional Services

16 March Spikes – Defence

17 March Spikes – Justice & Constitutional Development

18 March Spikes – Safety & Security

19 Spending on overseas trips Expenditure on overseas trips (R'000) Ave Annual Department 2004/052005/062006/072007/08change Correctional Services 003,3363, % Defence 387,975311,520171,116163, % Justice and Constitutional Development 4,4726,9168,03114, % Safety and Security 29,03441,00360,30460, %

20 Spending on entertainment Expenditure on entertainment (R'000) Ave Annual Department 2004/052005/062006/072007/08change Correctional Services 9661, % Defence 9103,0284,8165, % Justice and Constitutional Development 3,0553,3121,5591, % Safety and Security 5,9789,26111,78714, %

21 Spending on catering Expenditure on catering (R'000) Ave Annual Department 2004/052005/062006/072007/08change Correctional Services 04541,8784, % Defence 072,70976,68353, % Justice and Constitutional Development 5,4288, % Safety and Security 00037

22 Spending on consultants/contractors Expenditure on consultants/contractors (R'000) Ave Annual Department 2004/052005/062006/072007/08change Correctional Services 113,430152,910204,794292, % Defence 337,461334,986310,010412,3246.9% Justice and Constitutional Development 223,681228,088197,413329, % Safety and Security 117,999130,908227,488222, %

23 Claims Against the State (R’000) Department2004/052005/062006/07Ave Annual Change Correctional Services90,294140,030227, % Defence982,322998,1561,296, % Justice and Constitutional Development 2,164,5202,697, % Safety and Security4,388,1375,396,8926,071, % Total5,460,7538,699,59810,293, %

24 CJS Performance Variable2002/032003/042004/052005/062006/072007/08Change over previous year Change over period New cases 1,117,87 9 1,117,48 8 1,084,13 7 1,069,72 4 1,062,14 7 1,037,66 2(2.3%)(1.5%) Cases finalised (including diversions)422,338414,488399,966411,417378,926388,6332.6%(1.6%) Cases finalised (Sat & Add courts)29,96923,38011,7511,4321,5223, %(35.2%) Diversions14,80817,95218,94637,42244,47446,4744.5%25.7% Admission of guilt 464,015471,49715,392(96.7%)(81.8%) Decision dockets received (lower courts)484,547514,355523,169517,101489,213452,997(7.4%)(1.3%) Withdrawals414,211363,391318,767311,078305,901305,9670.0%(5.9%) Outstanding roll188,691185,423206,005198,990206,508232, %4.3% Backlog cases (cases older than 12 months in High Court, 9 months in Regional Courts, 6 months in District Courts) 33,59537,21636,13039, %5.8% Court hours04:09:0904:08:0404:07:5804:06:3403:59:1803:47:06(5.1%)(1.8%) Conviction rate81.6%83.5%85.1%85.7%85.8%85.9%0.1%1.0% Prisoners182,566215,497186,498162,408159,440158,201(0.8%)(2.8%) Sentenced128,179132,203136,081116,276114,034109,659(3.8%)(3.1%) Unsentenced54,38783,29450,41746,13245,40648,5426.9%(2.2%) Community Corrections72,62877,43675,80560,81167,27472,7118.1%0.0% Correctional Supervision24,54426,34826,03719,72222,15523,4986.1%(0.9%) Parole Supervision48,08451,08849,76841,08945,11949,2139.1%0.5%

25 Personnel growths Department 2003/042004/052005/062006/072007/082008/092009/102010/11Ave Annual Change Correctional Services 33,66633,83436,31142,22245,67446,083 46,4914.7% Defence 74,59977,46571,70579,92578,24374,49477,86879,0910.8% Justice and Constitutiona l Development 18,89320,96021,06821,16822,72722,94023,04923,1322.9% Safety and Security 139,023148,970155,532163,416173,120183,180193,240201,3005.4% Total 266,181281,229284,616306,731319,764326,697340,240350,0144.0%

26 Critical posts vacancies – Correctional Services Vacancies by critical posts as at 31 March 2008 Financed Heads Posts Filled Posts Vacant Vacancy Rate Total Correctional Services45,85740,6205, % of which: Custodian personnel41,87037,9493,9219.4% Educationists % Medical practitioners % Pharmacists % Professional nurses % Psychologists & vocational counselors % Senior managers % Social work & related professionals %

27 Critical posts vacancies – Justice & Constitutional Development Vacancies by critical posts as at 31 March 2008Financed HeadsPosts Filled Posts VacantVacancy Rate Total Justice and Constitutional Development27,94521,7366, % of which: Administrative related1,9321, % Advocates % Attorneys % General & special investigators % General legal administration & rel. professionals % Judges % Language interpreters & other communications % Legal related % Magistrates2,0951, % Other admin policy & related officers % Prosecutors3,1262, % Senior managers % Translators1,6201, %

28 Infrastructure growths Department 2003/042004/052005/062006/072007/082008/092009/102010/11Ave Annual Change Correctional Services 609,4481,064,2221,368,914983,392673,426679,861897,902913,5296.0% Defence 130,012154,143191,54297,832406,571638,0501,466,5381,365, % Justice and Constitutional Development 258,017270,483317,975323,658463,902508,753569,630586, % Safety and Security 314,479368,369446,569508,185732,470843,2781,064,4351,118, % Total 1,311,9561,857,2172,325,0001,913,0672,276,3692,669,9423,998,5053,984, %

29 Result of Auditor-General report: 2006/07: Correctional Services The department received a qualified audit opinion for 2006/07 mainly due to the following: Asset management - capital assets Assets - Buildings and other fixed structures; Intangible Assets Medical Expenditure Receivables - staff debt Accruals

30 Result of Auditor-General report: 2006/07: Defence The department received a qualified audit opinion for 2006/07 (16 shortcomings identified) mainly due to the following: Ineffective Asset Management Irregular Expenditure Due to system deficiency expenditure could not always be traced back to supporting documents Financial statements not according to prescripts Rank review audit

31 Result of Auditor-General report: 2006/07: Justice The department received a qualified audit opinion for 2006/07 mainly due to the following: Third Party funds – Dept excluded the liability and the bank balance relating to Third Party Funds in the AFS. AFS were therefore materially misstated Asset Management – The asset register was mainly not updated with all additions for the year Criminal Asset Recovery Unit (CARU) – No policies and procedures for maintaining assets forfeited to the state under their control (i.e Criminal asset recovery account (CARA))

32 Result of Auditor-General report: 2006/07: Safety & Security The department received an unqualified audit opinion.

33 Result of Auditor-General report: 2006/07: Independent Complaints Directorate The department received a qualified audit opinion for 2006/07 mainly due to the following: Inadequate documentation - the valuation of assets could not be verified Lack of monitoring and control - assets were not always bar-coded with unique asset number Asset number on asset register did not always correspond to numbers on assets Assets less than R amounting to R 1,45m were found to be incorrectly included in capital assets.

34 Other Issues: Correctional Services – Implementing of 7-day work week

35 Other Issues: Defence – Huge amount shifted away from operational budget to compensation of employees - crowds out the budget for core defence services (R145m)

36 Other Issues: Justice Capacity constraints due to vacancies is a huge concern. As a result, much reliance is placed on temporary staff, contractors and consultants for the completion of programmes. Inadequate facilities (i.e. accommodation for prosecutors) is also a problem. In some cases, prosecutors have to work from their cars because DoJ cannot accommodate all of them in courts. There is need for DoJ to fast-track the finalisation of the MMT project, as the department has a huge turnover in Third-Party Funds per annum through its cash halls, and the current manual system is open to much fraud, corruption and human error.

37 Other Issues: Safety & Security Increasing capacity and resources of the Forensic Science Laboratory – decentralisation process and replacing, upgrading and expansion of equipment of forensic laboratories continue Construction of police stations – improvement in the number of completed police station has been noted, 22 police stations were completed in 2006/07 compared to 11 in 2005/06 although 23 were expected to be completed in 2006/07 and 21 were expected to be completed during However, the department is still experiencing problems in securing sites, a long process that is the responsibility of DPW Upgrading of network and hosting services of SAPS – upgrading of the current network and increasing its capacity will be one of the issues to focus on during 2008/09 and over the MTEF

38 Questions?