1. LAB Portfolio Committee 110603

2. Presentation to Justice Portfolio Committee 11 June 2003
LEGAL AID BOARD
Presentation to
Justice Portfolio Committee
11 June 2003
LAB Portfolio Committee
LAB Strategy 2003

3. Content History and Mandate LAB Strategic Plan 2003 – 2005
LAB Delivery of Legal Services
LAB Finances & LAB Budget 2003/04
Moving forward: Challenges Facing LAB
LAB Portfolio Committee

4. History & Mandate
LAB Portfolio Committee

5. History of the Legal Aid Board
In 1997 the Legal Aid Board decided to move away from
providing legal aid by instructing legal practitioners in
private practice to providing legal assistance by salaried legal
practitioners employed by the LAB in Justice Centres.
Pilot projects demonstrated that it was possible to achieve
significant financial savings by employing legal practitioners to
provide most of the legal assistance required. By 1997 the
LAB had itself, or through one of its co-operation partners,
established 24 legal aid clinics and 2 public defender offices.
However, many of the legal aid clinics were under-resourced
and their objectives had not been sufficiently clarified.
LAB Portfolio Committee
LAB Strategy 2003

6. History of the Legal Aid Board
As a result many of the original co-operation agreements were
dissolved in the 1997 to 2000 period and at the same time the
LAB had to tackle a multitude of management, financial and
administrative issues.
In late 2000 a new Justice Centre at Kimberley was opened
and by 2001 the LAB was in a position to implement the
Justice Centre model on a national basis. This process has
been gathering momentum, particularly during the last year.
The LAB has since opened 46 Justice Centres and by the end
of the current financial year aims to open 59 Justice
Centres spread across the entire country.
LAB Portfolio Committee

7. Legal Mandate Constitution Legal Aid Act
The Constitution guarantees legal assistance to
Children - criminal proceedings and civil proceedings
Detained & Accused - criminal proceedings
Legal Aid Act
The Legal Aid Act provides for
Legal aid to indigent persons
Legal representation as per the Constitution
LAB Portfolio Committee

8. LAB Strategic Plan
LAB Portfolio Committee

9. LAB Vision & Mission Vision Mission
A just SA in which all the rights enshrined in our Constitution are respected, protected and defended to ensure Justice for all.
Mission
To become a leading provider of legal services, ensuring quality access to justice for the poor and vulnerable in an independent manner.
LAB Portfolio Committee

10. LAB Values Passion for Justice Service Excellence
Respect for Human Dignity and Diversity
Accountability
Integrity
Efficient and Effective
LAB Portfolio Committee

11. LAB OUTCOMES & OBJECTIVES
Outcome 1 : A South Africa in which all citizens respect and value the rights of others and live by the rule of law and our Constitution.
Objective 1: Promote a culture of human rights and the rule of law
To work with all stakeholders in educating communities to promote a culture of human rights and rule of law so that protection of human rights and living by the rule of law becomes a norm.
Objective 2: Making the justice system work
To work with all stakeholders in ensuring that the justice system works efficiently to protect and defend the rights of citizens and enhance confidence in the justice system.
LAB Portfolio Committee

12. LAB OUTCOMES & OBJECTIVES cont.
Outcome 2: A South African community, especially the poor and vulnerable, which has access to justice that upholds and protects its rights in terms of the Constitution and thus ensures justice for all.
Objective 3: To uphold protect and defend rights
To provide efficient legal services to uphold, protect and defend the rights of the poor and the vulnerable.
Objective 4: Service Excellence
To provide quality legal services to the poor and the vulnerable, in response to their needs, so that LAB becomes the service provider of choice
LAB Portfolio Committee

13. LAB OUTCOMES & OBJECTIVES cont.
Outcome 3: A Legal Aid Board that is independent, sustainable, effective and efficient and delivers prompt, quality services to the poor.
Objective 5: Financial Sustainability
To ensure that the LAB remains financially sustainable in the short, medium and long term.
Objective 6: People and Organisational Development
To ensure that LAB is structured, resourced and managed so that there is clear accountability and responsibility for:
Efficient and effective achievement of outcomes and mission
Effective administration of LAB operations and assets
Effective management of LAB’s human resources
Quality internal customer service.
LAB Portfolio Committee

14. LAB OUTCOMES & OBJECTIVES cont.
Objective 7: Board
To ensure the effective and transparent functioning of the Board to promote good governance and to provide strategic leadership within the LAB.
Objective 8: Risk Management
To monitor and control policies, structures, systems and processes within the LAB to identify, minimise and manage risk to ensure statutory and best practice compliance and achievement of outcomes
Objective 9: Communications
Effective communications between LAB stakeholders, internal and external, as well as its client base, that ensures transparency and accountability of LAB strategies and actions.
Objective 10: Relationship Management and Legitimacy
To ensure co-operative working relationships with all stakeholders in the process of formulating and implementing strategies and policies for the LAB.
LAB Portfolio Committee

15. 2003 / 2004 Business Plan Strategies
Strategy 1: Rights and Rule of Law
Strategy 2: Efficient and Effective Legal-Justice System
Strategy 3: Delivery of Legal Services and Client Focus
Strategy 4: Quality Legal Services
Strategy 5: Governance and Accountability
Strategy 6: Financial Strategy
Strategy 7: Human Resources Strategy
Strategy 8: IT Strategy
Strategy 9: LAB Management
Strategy 10: LAB Organisational Culture
LAB Portfolio Committee

16. LAB Delivery of Legal Services
LAB Portfolio Committee

17. Delivery Mechanisms Justice Centres Judicare Co-operation Partners
The Legal Aid Board Delivery Mechanisms Include:
Justice Centres
Judicare
Co-operation Partners
LAB Portfolio Committee

18. Delivery of Legal Services Programme
2002/03 Case Breakdown by Delivery Mechanism 7%
38%
55%
LAB Portfolio Committee

19. Delivery of Legal Services Programme LAB Justice Centres
Justice Centre Offices
Regional / National Offices
Satellite Office Schedule
High Court Schedule
LAB Portfolio Committee

20. Delivery of Legal Services Programme
Justice Centres and Satellite Offices Opened   
LAB Portfolio Committee

21. Delivery of Legal Services Programme
Total cases finalised: 2001/02 vs. 2002/03
LAB Portfolio Committee

22. Delivery of Legal Services Programme
Criminal / Civil Case Breakdown 2002/03 9%
91%
LAB Portfolio Committee

23. Delivery of Legal Services Programme
LAB Legal Professional Staff   
LAB Portfolio Committee

24. Delivery of Legal Services Programme
Average Costs
The average cost per finalised matter in:
Justice Centres is R699 compared to
Judicare being R1404
The costs to the organisation of contracting legal services from the private sector was reduced from
R234 million in 1998/99 to
R110 million in 1999/2000 to
R226 million in 2000/2001 to
R134 million in 2001/2002 to
R136 million in 2002/2003
R57 million in 2003/2004 (projection)
LAB Portfolio Committee

25. Coverage Linked to Courts
68% of all District & Regional Courts are covered by local Justice Centres
LAB Portfolio Committee

26. Improving Client Access
Improving Client Access to Justice through Courts and Prisons:
Roll out of all 59 Justice Centres by March 2004
Satellite Offices to serve more remote rural areas
Link each Justice Centre to all District, Regional and High Courts in its area of operation within this financial year. Courts will be serviced by Justice Centres and where inadequate capacity exists, by Judicare.
Each Justice Centre will link with every prison in its area within this financial year and establish a system of consultation for awaiting trial and sentenced prisoners
Looking at co-operation with advice offices to increase link to communities – pilot project underway.
LAB Portfolio Committee

27. LAB Finances
LAB Budget 2003/04
LAB Portfolio Committee

28. LAB Financial Projections
LAB Portfolio Committee

29. Financial Overview LAB Budget Projections
LAB Portfolio Committee

30. Financial Overview LAB Budget Expenditure
LAB Portfolio Committee

31. Financial Overview LAB Cash Flow Requirements   
LAB Portfolio Committee

32. Financial Overview Split of Direct & Indirect Costs   
LAB Portfolio Committee

33. Status Report 2001/02 External Audit
Issue Raised
Corrective Action
Current Status
Post-retirement employee benefit
No valuation was performed at 31/03/02
The pension fund undertakes a valuation every three years. One should have been performed as at 31 march However, it was not available at the time of finalising the financial statements.
A valuation has been received as at 31 March 2001 which will be included as at note to the 2002/03 financial statements
Internal checking and control Inefficiencies in internal control systems and procedures
A number of policies and procedures had been developed and implemented
Although policies and procedures have been developed, the implementation thereof is still a problem. This is due to the lack of capacity at middle management level. This issue is being addressed though development plans and through a restructuring process the recruitment of staff with adequate skills
LAB Portfolio Committee

34. Status Report 2001/02 External Audit
Issue Raised
Corrective Action
Current Status
Comparatives
Comparatives could not be relied upon, as the financial statements did not fairly represent the financial position of the LAB
This problem will resolve itself as the financial statements for 2001/02 did fairly represent the financial position of the L.A.B. and these figures will be used as comparatives
Litigation
Understatement of liability
An IT system has been implemented which records all litigation against the Board
The IT system will provide the necessary information on all unsettled litigation at year-end. This will provide the external auditors with assurance of completeness
Non Compliance with the VAT Act
Lack of documentation in respect of self-invoicing
A number of attempts have been made to obtain copies of this documentation from SARS
To date the necessary documentation has not been received. This issue has been escalated to higher authority
LAB Portfolio Committee

35. Status Report 2001/02 External Audit
Issue Raised
Corrective Action
Current Status
Non-compliance with the Legal Aid Guide
Establishment whether the applicant was in fact a resident or a non-resident of the republic
Change guide to ensure compliance
Guide changed so that anybody physically present in SA will qualify for legal aid.
Non-compliance with the PFMA
The internal audit unit did not prepare a rolling three-year internal audit plan
The three-year rolling internal audit plan to be developed.
The three-year rolling internal audit plan is available for audit inspection
LAB Portfolio Committee

36. LAB Challenges
LAB Portfolio Committee

37. Moving Forward- Challenges facing the LAB
Making the justice-legal system work
To educate the public about their rights to legal services
To speed up the process of finalising matters in court
To reduce court rolls and improve the efficiencies of the Justice System
National Coverage
To provide cost effective legal services to the poor through Justice Centres
Access to legal services for poor, especially the rural poor
Quality legal services
To become a service provider of choice (change the perception of client base that we are “government lawyers" - independence)
Building capacity of legal professionals: training and education for legal professionals
Operational
Justice Centre rollout: finding quality legal staff to operate all sites.
Building and maintaining systems and business processes
Building middle management capacity
LAB Portfolio Committee