Department of Justice and Constitutional Development COST & IMPLEMENTATION PLAN PROJECT: EXTENSION OF CIVIL JURISDICTION TO REGIONAL COURTS.

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Presentation transcript:

Department of Justice and Constitutional Development COST & IMPLEMENTATION PLAN PROJECT: EXTENSION OF CIVIL JURISDICTION TO REGIONAL COURTS

Department of Justice and Constitutional Development 2 2 Table of Contents Slide no. 1.Project Objectives 2.Project Governance 3.Background 4.Strategic Imperatives 5.Benefits and Risks 6.Cost & Implementation Plan 7.Organisational Structures 8.Costing

Department of Justice and Constitutional Development 3 3 Project Objectives The Project seeks to :  Advance to harmonise the civil justice system in pursuant to the achievement of single judiciary  Eliminate current fragmentation of the adjudication process at the lower courts  Increase access to justice  Provide for singular career pathing for all judicial officers

Department of Justice and Constitutional Development 4 4 The RAOFLE approach towards implementation AFE RO L T  R – Regulatory Framework (Required proclamation & legal notices)  A – Awareness campaigns S – design structure based on work load  O - Oganisational structures, rationalise & recruit  F – Facilities, & equipment  L – Learning. training  E - Execute

Department of Justice and Constitutional Development 5 5 Project Governance  The implementation will be through multi-sectoral Implementation Committee representing all role players  At National Office the Project is coordinated by the National Steering Committee which focuses on the following: - provide necessary policy guidelines to guiding the implementation process - coordinate and integrate programmes of the different depts involved in the implementation process - manage interdependencies and communicate clear messages - provide/mobilise necessary resources required for effective implementation  At Provincial level Provincial Coordinating Committees chaired by the Regional Heads have been established. The Committees are responsible for: - oversee the implementation - manage the interdependencies - communicate joint and clear messages to stakeholders and consumers

Department of Justice and Constitutional Development 6 6 Benefits and Risks  The anticipated risks - fear for change & insistence to cling to the current - self interest may overide interest of justice & society - some may not notice benefit for career progression - difference in ideologies between different institutions/structures  advantages of the model include:  The model locates service delivery close to the end customers of justice There are risks associated with the model which require careful management during the implementation phase:  There could be significant infrastructural requirements at court-level where support services will be located (particularly at Hub Court level). The available physical office space at court level will need to be assessed and compared with the facilities required.  Significant change management is required, especially at the court level, which will be impacted most

Department of Justice and Constitutional Development 7 7 Policy integration Change Management DOJ & CD Judiciary (Magistrates Comm) The National Steering Committee – (NSC) Statutory Bodies (LAB & Rules Board) Legal Profession Sheriffs Remove blockagesCluster interphace Evaluate task team reports Integration

Department of Justice and Constitutional Development 8 8 Oversee implementation Change Management DOJ & CD (Regional Heads convene PCC) Law Societies & GCB Provincial Coordinating Committees – (PCC) Lower Court Judiciary (cluster heads) Sheriffs Associations Participating NGO’s Remove blockagesFeedback to NSC Monitor implementation Integration

Department of Justice and Constitutional Development Steps/Process to be followed Proclaimation in the Gazette Awareness & communication (launch, pamphlets) Organisational structures – judicial, administration, including job evaluations Facilities, including offices, furniture, IT & equipment Learning & empowerment (training on new responsibilities) Tapering off Execute, implementation

Department of Justice and Constitutional Development 10 Implementation Plan – Regulatory Consultation with Judiciary & other stake holders AugJulyJuneMayAprilMarchFebruary Concurrent public communication Obtain certification by Law Advisers Monitoring and evaluation Implementation / coming into effect of notices

Department of Justice and Constitutional Development 11 Awareness Action StepTile linesResponsibilityCheck list 1. Develop clear communication strategy for different target groups 2. Implement communication strategy  March 2008  April 2008 PEC

Department of Justice and Constitutional Development 12 Organisational Structures Action StepTile linesResponsibilityCheck list 1. Collate statistics of current workloads at main High Court & Divorce courts 2. Develop organisational structures for self standing courts, including job profiles, job evaluation, etc 3. Rationalise existing staff (move vacancies to new court, negotiate transfers, etc) 4. Recruit and appoint where necessary 2.  February 2008  March 2008  April / May 2008 Magistrates Commission in relation to judicial posts Region Offices in relation to administrative posts

Department of Justice and Constitutional Development 13 Facilities & Equipment Action StepTile linesResponsibilityCheck list 1. Audit/verify office and infrastructure needs in the of Regional Courts 1. Procure necessary equipment  March 2008  April 2008 Facilities Regional offices

Department of Justice and Constitutional Development 14 Learning & empowerment TaskTime lineResponsibilityCheck list 1. Identify training needs & develop course content 2. Develop orientation & continuous training program 3. Institutionalise training at Justice College / Judicial Education Institute  March 2008  May 2008 Magistrates Commission Judicial Education Institute/Justice College Region Cord Comm

Department of Justice and Constitutional Development 15 Execution TaskTime lineResponsibilityCheck list 1. Establish implementation teams to coordinate & monitor implimentation 2. Manage and minimise risks  April 2008  Continuous Region Cord Comm

Department of Justice and Constitutional Development 16

Department of Justice and Constitutional Development 17

Department of Justice and Constitutional Development 18

Department of Justice and Constitutional Development 19 First 6 months, First steps 6. Execute 5. Announce and communicate 4.Train & Empowerment 3. Rationalise & Recruit 2. Create Judicial & Admin structures 1. Budget (R51m) Step-Down Procedure

Department of Justice and Constitutional Development 20 EASTERN CAPE PROVINCE.  Ezibeleni: Within the Magisterial district of Glen Grey to be proclaimed as a sub-district with the local limits defined by the boundaries of Ezibeleni SAPS, AND Illinge SAPS.  Motherwell: Within the Magisterial district of Port Elizabeth to be proclaimed as a Sub-District with the local limits defined by the boundaries of Motherwell SAPS, Swartkops SAPS and a portion of Addo SAPS.

Department of Justice and Constitutional Development 21 GAUTENG PROVINCE.  Protea – To establish Protea from Johannesburg  Wynburg/Alexandra : to be delinked from Randburg  Daveyton: Within the Magisterial District of Benoni to be proclaimed as a Sub-District with the local limits defined by the boundaries of Daveyton SAPS, Etwatwa SAPS, a portion of Putfontein SAPS and a portion of Springs SAPS.  Tsakane: Within the Magisterial District of Brakpan to be proclaimed as a Sub-District with the local limits defined by the boundaries of Tsakane SAPS  Attridgeville – to be delinked from Pretoria  Newlands: Within the Magisterial District of Johannesburg to be proclaimed as a Sub-District with the local limits defined by the boundaries of Sophiatown SAPS, Fairland SAPS and Parkview SAPS.  Pretoria North: To be proclaimed as a Sub District within the District of Pretoria with the local limits defined by the boundaries of Pretoria North SAPS, Akasia SAPS, Hammanskraal SAPS, Kameelsdrift SAPS and Sinnoville SAPS.

Department of Justice and Constitutional Development 22 KWA-ZULU NATAL PROVINCE.  Amanzimtoti: Within the Magisterial District of Durban, to be proclaimed as a Sub-District with its local limits defined by the boundaries of Isipingo SAPS, a portion of Bhekithemba SAPS, a portion of Mount Clair SAPS, a portion of Umlazi SAPS, a portion of Kwamakhutha SAPS and Lamontville SAPS.  Ntuzuma: Within the Magisterial District of Inanda, to be proclaimed as a Sub-District with the local limits defined by the boundaries of Kwa Mashu SAPS, Phenix SAPS, a portion of Greenhwood Park SAPS, a portion of Inanda SAPS and a portion of Newlands East SAPS.  Madadeni: Within the Magisterial District of Newcastle, to be proclaimed as a Sub-District with the local limits defined by the boundaries of Madadeni SAPS and a portion of Osizweni SAPS.

Department of Justice and Constitutional Development 23 LIMPOPO PROVINCE.  Northam; Within the Magisterial District of Thabazimbi, to be proclaimed as a Sub-District with its local limits defined by the boundaries of Northam SAPS.

Department of Justice and Constitutional Development 24 NORTHERN CAPE PROVINCE  Kathu: To be proclaimed as a new District in the Northern Cape.  Poffader: Within the Magisterial District of Kenhardt, to be proclaimed as a Sub District with its local limits defined by the boundaries of Poffader SAPS, Onseepkans SAPS and a portion of Kakamas SAPS.

Department of Justice and Constitutional Development 25 WESTERN CAPE PROVINCE  Khayelitsha: To be proclaimed as a new Magisterial District in the Western Cape  Mitchells Plain: To be proclaimed as a new Magisterial District in the Western Cape  Athlone: Within the Magisterial District of Wynberg, to be proclaimed as a Sub District with its local limits defined by the boundaries of Athlone SAPS, Landsdowne SAPS, Mowbray SAPS and Rondebosch SAPS