1. OFFICE OF THE CHIEF JUSTICE
Presentation to the Portfolio Committee on Justice and Constitutional Development
18 October 2013

2. PRESENTATION OUTLINE Introduction Current Status of the OCJ Mandates
Budget 2013/14
Budget 2014/15
OCJ Staffing
OCJ Priorities
New Requests
Concluding Remarks
OFFICE OF THE CHIEF JUSTICE

3. INTRODUCTION (1)
The Office of the Chief Justice (OCJ) was proclaimed by the President of the Republic of South Africa on 23 August 2010 (2 years 8 months).
It is mandated to provide support to the Chief Justice in his dual role as the Head of the Judiciary and the Constitutional Court, respectively.
The SCB and the 17th CAA will add more functions to the OCJ – to be elaborated later on.
The Memorandum of Understanding was signed with the DoJ&CD on 26/1/2011 to transfer administrative support functions relating to the JSC, SAJEI SCA and the Constitutional Court. In addition, the transfer of the Magistrates Commission & the Rules Board have been delayed due to the legislative amendments that will be required to give effect to that.

4. INTRODUCTION (2)
National Treasury proposed that the administrative functions of the High Courts should also be transferred to OCJ.
National Treasury has approved the budget programme structure on the 12 April 2013, which covers the High Courts, SAJEI and Judges Salaries as direct charge from the National Revenue Fund.
Once the programme structure is approved and the N/Treasury requirements are complied with, the Budget Vote for the OCJ will be created and the SG will become the Accounting Officer for OCJ.
Pursuant to DG and SG engagement with NT - NT confirmed in writing to grant OCJ Budget vote by 01 April 2014 upon meeting the prescribed requirements.
OFFICE OF THE CHIEF JUSTICE

5. CURRENT STATUS OF OCJ
Although OCJ is a National Department - Sec 5 of the Money Bill Act is currently not applicable to the OCJ as it is still a sub programme under DoJ&CD.
In terms of transitional arrangements between OCJ and DoJ&CD – OCJ is still a sub programme in the DoJ&CD strategic plan.
Consequently the OCJ was subjected to the strategic plan of the DoJ&CD.
OCJ is however still willing to engage with the Committee in relation to the 2014/15 budgetary requirements of the office.
OFFICE OF THE CHIEF JUSTICE

6. MANDATES (1) Constitutional Mandate
Section 165 of the Constitution vests Judicial authority on the courts.
Item 16 to Schedule 6 of the Constitution provides for the rationalisation of the courts with a view to establish a judicial system suited to the requirements of the Constitution.
Constitution Seventeenth Amendment Act, 2012
Designate the CJ as the Head of the entire Judiciary
Empowers the Chief Justice with the responsibility
to establish norms and standards for the exercise of judicial functions of all courts.
Monitoring of implementation of norms & standards in all courts
Develop guidelines, protocols, advise
Assign the Constitutional Court as the apex court

7. MANDATE (2) Legislative Mandate Superior Courts Act, 2013
Rationalize laws and structures of the superior courts.
CJ exercise responsibility over the administration of judicial functions of all courts
Judges Presidents to assume responsibility over coordination of judicial functions of all courts within each province
South African Judicial Education Institute Act, The Chief Justice is the Chairperson of the SAJEI Council. SAJEI was established to provide judicial education to Judicial Officers. The responsibility for the training of Magistrates has been transferred from Justice College to SAJEI since January 2012.
Judicial Service Commission Act, 1994 – The Chief Justice is the Chairperson of the Judicial Service Commission which inter alia is responsible for the recommendation of candidates for judicial appointment and dealing with complaints lodged against Judges.
Public Finance Management Act, 1999
Public Service Act & Regulations
OFFICE OF THE CHIEF JUSTICE

8. 2013/14 BUDGET & EXPENDITURE REPORT AS AT 30 SEPTEMBER
ECONOMIC CLASSIFICATION
ANNUAL BUDGET
ACTUAL EXPENDITURE TO DATE
VARIANCE
R’000 %
Compensation of employees
43 097
18 273
24 824 58
Goods and services
79 135
26 730
52 405 66
CURRENT EXPENDITURE
45 003
77 229 63
Payment for financial assets -
TRANSFERS AND SUBSIDIES 2
(2)
Households
PAYMENT FOR CAPITAL ASSETS
1 720
893
827 48
Machinery and equipments
Software
TOTAL EXPENDITURE
45 898
78 054

9. MID YEAR EXPENDITURE REPORT – 2013/14
ECONOMIC CLASSIFICATION
SIX MONTHS BUDGET
SIX MONTHS EXPENDITURE
VARIANCE
R’000 %
Compensation of employees
21 549
18 273
3 276 15
Goods and services
39 568
26 730
12 838 32
CURRENT EXPENDITURE
61 117
45 003
16 114 26
Payment for financial assets -
TRANSFERS AND SUBSIDIES 2
(2)
Households
PAYMENT FOR CAPITAL ASSETS
860
893
(33)
(4)
Machinery and equipments
Software
TOTAL EXPENDITURE
61 977
45 898
16 079

10. MID YEAR EXPENDITURE REPORT – 2013/14 (Cont.)
The under-spending of R16.1 million (26 %) relates to the following:
R3.3 m on Compensation of Employees/posts in the process of being filled:
5 SMS posts
8 Administrative posts
R12.8 million on goods and services is mainly as a results of:
R8.3 m - IT infrastructure project which was only scheduled to start in 2nd quarter of the financial year.
R4.5m – commitments for ConCourt library services (R3.75m); etc

11. Approved Budget Programme Structure
Approved by National Treasury (NT) on the 12 April 2013:
Programme 1: Administration
Programme 2: Judicial Support & Court Administration (inclusive of all Superior Courts)
Programme 3: Judicial Education & Research
Direct Charge/National Revenue Fund: Judges Salary
OFFICE OF THE CHIEF JUSTICE

12. OCJ Budget Vote Preparation: National Treasury Check List
OCJ BUDGET VOTE STATE OF READINESS AS PER NATIONAL TREASURY CHECKLIST
REQUIREMENT
STATUS - October
Strategic Plan & APP
First Draft submitted to NT via DoJ&CD in August 2013
Approval of budget structure by National Treasury
Completed
Opening of the following accounts:
PMG Account
Deposit account;
Inter-departmental account;
Petty cash account; and
Charges account
Installation of the IT Infrastructure
Contractor approved and implementation to commence November 2013
Creation of Transversal Systems - BAS, Persal, LOGIS
Written approval obtained.
OCJ met with SITA on 17 September 2013 and agreed on action plan.
Warrant voucher books must be ordered from the Government Printer.
Printing will be done as soon as Vote Nr is confirmed
OFFICE OF THE CHIEF JUSTICE

13. OCJ Budget Vote Preparation: National Treasury Check List
OCJ BUDGET VOTE STATE OF READINESS AS PER NATIONAL TREASURY CHECKLIST
REQUIREMENT
STATUS - October
The department must be registered as an employer at:
SARS
Completed
Regional Services Council
Application to be submitted in November 2013
Compensation Fund
Subject to separation from DoJ&CD – 01 April 2013.
Pension Fund
Medical Fund
Appointment of the CFO
Appointment of a System Controller
Appointment of the Audit & Risk Committee
Recommended candidates submitted
OFFICE OF THE CHIEF JUSTICE

14. 2014 - 2017 MTEF BUDGET (2014/15 inclusive of Superior Courts)
2013/14
2014/15
2015/16
2016/17
Total
R’000
Office of the Chief Justice
Programme 1: Administration
17 849
16 286
17 106
18 463
51 855
Programme 2:
Judicial Support & Court Administration
77 112
Programme 3:
Judicial Education & Research
28 991
26 689
27 435
29 016
83 140

15. OCJ Staffing 2013/14
Staffing- 222 posts with130 filled posts and 92 vacancies.
SMS Level
Filled
Vacant
Funded
Non-Funded
Total 17 10 27
Level
1-12
Filled
Vacant
Funded
Non-Funded
Total
113 82
195

16. OCJ Priorities Highlights of priorities are:
Judicially led Court Administration Model
Securing OCJ Budget Vote
Judicial education - e-learning & soft skills training
IT Infrastructure (dedicated judicial domain)
Judicial Head Quarters (Home for the Administration of Judiciary)
Capacitation of the OCJ to carry current mandate (human & systems)
Judicial Case flow Management
Court Modernization – e-filing & e-records management, etc
Communication & Outreach Programme
Implementation of Legislation (SCA & C17thAA)
Additional capacity for OCJ to carry new mandate
Capacitate Offices of the JP’s
Judicial Court Performance Monitoring System
Judicial Norms and Standards
OFFICE OF THE CHIEF JUSTICE

17. Envisaged Projects These projects are:
Build Judicial Head Quarters (Home for the Administration of Judiciary) (R150m for about 500 staff compliment)
Communication Services – branding, stakeholder relations, outreach (R30m)
Judicial Case flow Management (R15m)
Capacitation of the OCJ to carry new mandates (human & systems) – (R15m)
Court Modernization – e-filing & e-records management, etc. (R18m)
Judicial education - e-learning, Printing facility, additional training programmes for Magistrates & soft skills programmes for all Judicial officers
OFFICE OF THE CHIEF JUSTICE

18. OCJ Engagement with NT via DoJ&CD re Budget Shortfall
2013/14 Budget allocated to the OCJ was inflation based.
The budget didn’t consider year by year growth ito mandates and support resources
NT engaged: economic climate; general budget constraints; reprioritization within departments baselines to fund shortfalls and new mandates
NT advised OCJ & DoJ to deal with transfer of functions from DoJ to OCJ first before it can consider additional budget to OCJ
OFFICE OF THE CHIEF JUSTICE

19. Budget Shortfall – 2013/14
A shortfall of R66.4m is estimated, indicated as follows:
Capacitation of OCJ (R8.7m)
Capacitation of JPs offices (R10m)
Development of a judicial monitoring system re Court Performance (R15m)
Judicial Education (R15m)
Rental of OCJ offices and furniture (R17.7)
OFFICE OF THE CHIEF JUSTICE

20. CONCLUDING REMARKS
The OCJ thank the Portfolio Committee for its guidance/support to ensure the OCJ is better positioned to deliver on its mandates.
OFFICE OF THE CHIEF JUSTICE

21. THANK YOU