DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT (2008/09) PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT ADV SIMON JIYANE ACTING DIRECTOR–GENERAL 13 OCTOBER 2009

2 VISION Accessible and transformed justice services committed to the promotion of constitutional values for all. MISSION STATEMENT Together we provide accessible, fair, speedy, cost- effective and quality justice for all.

3 CORE FUNCTIONS OF THE DEPARTMENT 1.Ensure equitable access to justice services for all; 2.Ensure effective and efficient management of the Department; 3.Facilitate resolution of criminal and civil cases; 4.Build, maintain and secure the department’s capital infrastructure including court facilities; 5.Protect and promote the rights of the vulnerable groups ( including the rights of children, the elderly, women, people with physical and mental disabilities and the poor); 6.Develop legislations (including conducting research and improving court rules); 7.Develop and promote the constitution (including educating the public on the department’s programmes and their constitutional rights); 8.Supervise the administration of deceased and insolvent estates, including administering the Guardian’s fund; and 9.Provide legal advice services and protect all organs of state.

4 Access to Justice Services Completed 2 new courts (Daveyton Magistrates Office and Polokwane Circuit High Court) and undertaken major extension work in 3 courts (Richmond Magistrates Office, Mitchell’s Plain Magistrate Office and Augrabies Magistrate Office) Of the 24 branch courts identified, 15 were capacitated to become magisterial courts. These are located in Motherwell (EC); Daveyton, Alexandra, Atteridgeville, and Thembisa (Gauteng); Madadeni (KZN); Tiyane (Limpopo); Enkangala (Mpumalanga); Grobleshoop; Jan Kempdorp, Kakamas, Keimoes, Poffader and Kathu (NC); Atlantis and Khayelitsha (WC). The official proclamation of these courts by the Minister is expected to take place during There are 9 Branch courts which are currently being re-designated, and would be fully ready by the end of year The Department has also provided more than 40 mobile units to augment offices and courtroom across the country. More than 10 sites have been acquired for construction of new courts in various provinces and an extra 10 new sites are planned to be acquired soon.

5 Ensure effective and efficient management of resources (Financial Management) The department continued to improve its financial processes identified by the Auditor-General in the previous audits, including addressing the deficiencies in Asset Management and Third Party Funds. The project on Monies in Trust – Public Private Partnership (MMT PPP) is in its final stage. The audit challenges in the Third Party Funds remain unresolved due to the outstanding, formalized legal and accounting framework to be agreed among the Department, the Accounting-General and the Auditor-General. (A full financial slide will be presented later on by the CFO).

6 Ensure effective and efficient management of resources (Human Resource Management) The Department has slightly reduced its employee vacancy rate from 15% in the previous financial year to 14.5% this year. The number of placements in the department increased to 8190 from 5490 last year, resulting in 6.5% growth on the establishment. The finalization of new delegations framework and the Human Resources Policy Plan are expected to improve efficiency across the structures of the Department. A Human Resource Plan was developed and implementation measures is ongoing. 12 new HR policies were finalised and approved. There was a reduction in temporary staff, including termination of staff reduced from 7.5% to 6.7% this year. A total of 178 out of 298 disciplinary cases reported was finalised and in 135 disputes lodged, 41% were dismissed.

7 Ensure effective and efficient management of resources (Information Systems Management) The department continued modernizing its IT systems with more than digital court recording systems installed to replace the outdated analog recording machines in our courts. A total of employees in the department now have access to its flagship E-scheduler system which tracks and evaluate case-flow management on daily basis in each court across the country. The department is also continuing with rolling out its video postponements systems aimed at fast-tracking case postponements without the accused person attending court. The system is currently rolled out to selected courts and Correctional Centres. The Electronic Funds Transfer (EFT) system aimed at improving efficiency at Master’s offices is currently rolled out to offices in Polokwane, Bloemfontein, Kimberley, Cape Town, Pietermaritzburg and Grahamstown.

8 Facilitate resolution of criminal and civil cases The courts sat an average of 3h50 hours per day. A total of cases were enrolled with cases (60.3%) removed from the roll. (This figure includes cases withdrawn, transferred, struck from the roll and warrants issued. However, there has been a 6.2% decrease in the number of withdrawn cases) A total of 50 Regional Courts dedicated to resolving sexual offences finalised (with finalised with a verdict). Of these cases, 134 involved young offenders. The department achieved a 66.7% conviction rate, of which 444 cases were finalised through alternative dispute resolution. The Department also saw an improved reduction of backlog cases by 9% at Regional courts, but saw an increase of 0.8% on all criminal court rolls

9 Facilitate resolution of criminal and civil cases Lower Courts and High Courts maintained high conviction rates, with District Courts achieving 88.1%, Regional Courts 73.7% and High Courts 86.3%. The Constitutional Court enrolled 391 cases, finalised 69 (17%) – of which 5 cases had judgments handed down and 64 dismissed. There are, however, 96 cases awaiting direction. The Supreme Court of Appeals had 3189 cases enrolled, of which 111 (3.48%) were upheld, 44 (1.38%) altered, 76 (2.38%) dismissed, 69 (2.16%) granted and 65 (2.04%) referred back. The High Courts had civil trials, and criminal trials enrolled. Of the civil cases enrolled, (79.9%) of the cases are pending, with 6373 (20%) finalised, and 2532 (7.9%) withdrawn. Of the criminal cases enrolled, (78.3%) are registered as Outstanding Trials, 2883 (21.6%) cases were finalised, and 1563 (11.7%) postponed. There were 176 (1.32%) cases struck off the roll.

10 The Review of the Criminal Justice System (CJS) has gained much traction and is one of Government’s most visible interventions. A Bill amending the Criminal Procedure Act, 1977, is being drafted. A permanent Budget Review Team will be established under the Chairmanship of National Treasury. The single CJS Co-ordinating and Management Structure has been established. An interim office of the Criminal Justice System Review and Secretariat has been established with a programme and project management competency finalised. A CJS statistics and performance centre has been established. Review of the Criminal Justice System Draft

11 Review of the Criminal Justice System (Court Backlogs) The total number of cases permanently removed from the regional court rolls as a result of the backlog courts from November 2006 till the end of March 2009 is (comprising 8855 cases finalized withdrawn after rescreening of regional cases at backlog sites transferred). At the end of April 2009, the number of cases finalised increased to 9229 cases. On the Regional Court Roll, there was a 22.9% reduction from the initial number of backlog cases (20 452).

12 Protect and promote the rights of the vulnerable groups The department has developed policies and frameworks to protect and promote the rights of vulnerable groups, including the following policies :- –Interim National Protocol on the Management of Children Awaiting Trial; –Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act 32 of 2007) - National Draft Policy Framework document –Draft Framework on alignment of programmes and processes between the Department of Justice and National Prosecuting Authority/SOCA –Restorative Justice Strategy; –Small Claims Courts Policy Framework; –Draft National Policy Framework on the Child Justice Bill in terms of the Child Justice Bill No B49D of 2008; –Management and prioritisation of children’s matters in courts, in terms of the Children’s Act, 2005 (Act No 38 of 2005); –Integration of Sexual Offences Courts into the mainstream courts; and –Mediation on Maintenance Matters.

13 Developing legislation, including conducting research and improving court rules The following legislation was developed and passed by Parliament during 2008/09:-  Repeal of Black Administration Act, 2008 (Act No 7 of 2008)  South African Judicial Education Institute Act, 2008 (Act No. 14 of 2008)  Judicial Service Commission Amendment Act, 2008 (Act No. 20 of 2008)  Jurisdiction of Regional Courts Amendment Act, 2008 (Act No. 31 of 2008)  Renaming of High Courts Act, 2008 (Act No 30 of 2008)  Regulation of Interception of Communications and Provision of Communication-related Information Amendment Act, 2008 (Act No. 48 of 2008)  Constitution Fourteenth Amendment Act of 2008  Constitution Fifteenth Amendment Act of 2008  General Laws (Loss of Membership of National Assembly Provincial Legislatures or Municipal Council Amendment Act, 2008 (Act No. 55 of 2008)  National Prosecuting Authority Amendment Act, 2008 (Act No. 56 of 2008) Criminal Procedure Amendment Act, 2008 (Act No. 65 of 2008) Judicial Matters Amendment Act, 2008 (Act No. 66 of 2008 Child Justice Act, 2008 Reform of Customary Law of Succession and Regulation of Related Matters Act, 2009 (Act No. 11 of 2009) Constitution Sixteenth Amendment Act of 2009

14 Develop and promote the constitution, including educating the public about their constitutional rights In the year under review, seventy (70) requests for access to information were received in terms of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000) and dealt with. Of these sixty one (61) were granted and nine (9) were refused. Thirty five (35) were processed within thirty (30) days and thirty five (35) were processed within sixty (60) days after extension was requested. Four (4) applications for exemptions from the provision of section 14 (1), (2) and (3), of the Promotion of Access to Information Act, 2000 (Act No.2 of 2000) were received from the Minister for Intelligence Services and were submitted to the Minister. Fifteen (15) training sessions were conducted with officials from national and provincial departments as well as the municipalities. Six (6) Road Shows were conducted, namely at Atteridgeville, Polokwane Show, Pretoria, Pretoria North, Durban and Kimberley to raise awareness of the Promotion of Access to Information Act.

15 Supervise the administration of deceased and insolvent estates, including administering the Guardian’s fund The department received new matters on estates, of which were files on estates less than R , and were files on estates worth and more than R The department issued letters of authority to resolve files of estates less than R , and letters for estates more than R There were of the estates less than R finalised, and files of estates more than R finalised. Thus, the department finalised 88.6% of all estates received during this year. The Department saw a considerable increase in the number of insolvent estates and liquidation matters this year. Figures for liquidations increased from 2124 last year to 4150 this year, and the number of individuals who were sequestrated soared from 1864 to In improving access to the Guardian’s Fund, the department recorded receipts for the Guardian’s Fund at a total value of R The total volume of payments from the Fund exceeded R618 million.

16 Provide legal advice services to, and protect all organs of state The department finalised :- –203 out of 204 requests for legal opinions; –183 in 191 bills; and –354 in 355 international agreements. The department spent R on 6628 briefs. A total of 64.6% (4285 of 6628) briefs were handed over to private advocates. The department received 2359 requests for pardons, and 84.4% (1992) of these were processed.

17 THANK YOU.