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OFFICE OF THE CHIEF JUSTICE. Presentation to the Portfolio Committee on Justice and Constitutional Development 7 May 2013. PRESENTATION OUTLINE. Introduction Memorandum of Understanding Mandates Chief Justice’s Priorities OCJ Planned Activities Budget 2013/14 Budget shortfall

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office of the chief justice

OFFICE OF THE CHIEF JUSTICE

Presentation to the Portfolio Committee on Justice and Constitutional Development

7 May 2013

presentation outline
PRESENTATION OUTLINE
  • Introduction
  • Memorandum of Understanding
  • Mandates
  • Chief Justice’s Priorities
  • OCJ Planned Activities
  • Budget 2013/14
  • Budget shortfall
  • Concluding Remarks
introduction 1
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.
introduction 2
INTRODUCTION (2)
  • The Rules Board and Magistrate Commission were mentioned in the MoU but for later processes after legislative/consultation processes.
  • Consultations were conducted iro all bodies referred to in the MoU. –
    • Organized labour consulted in preparation for the transfer of the above functions
    • Presentation of the organizational structure of the OCJ to lorganizedabour is still outstanding
  • 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 Treasury requirements are complied with, the Budget Vote for the OCJ will be created and the SG will become the Accounting Officer for OCJ.

OFFICE OF THE CHIEF JUSTICE

mandates 1
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, 2013 designates the Chief Justice as the Head of the Judiciary with the responsibility for the establishment of norms and standards for the exercise of functions of all courts.

Legislative Mandate

  • South African Judicial Education Institute Act, 2008 - 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
anticipated mandate
ANTICIPATED MANDATE
  • Constitution 17th Amendment Act, 2013.
    • Designate the CJ as the Head of the Judiciary
    • Constitutional Court as the apex court
  • Superior Courts Bill
    • 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 administration and performance of all courts within each province

OFFICE OF THE CHIEF JUSTICE

priorities of the chief justice
PRIORITIES OF THE CHIEF JUSTICE
  • Key highlights of the CJ’s priorities are:
    • Development of court performance monitoring framework
    • Development of Judicial norms and standards
    • Automation of court systems – dedicated judicial domain and e-filing system
    • Regional and international judicial administration benchmarking
    • e-learning for judicial officers/soft skills training
    • Appropriate home for the Judicial Branch of the State

OFFICE OF THE CHIEF JUSTICE

2012 13 expenditure report cont
2012/13 EXPENDITURE REPORT (Cont.)
  • The under-spending of R40.1 million (31.8 % subject to verification of accounts) is due to the following:
  • R12.4 million on compensation of employees as a result of delays in filling of critical positions such as:
  • The Secretary-General
  • The Chief Financial Officer
  • The Head of Risk Management and Internal Audit
  • The Head of Information Technology
  • And other administrative positions
  • R15.7 million on goods and services as a results of:
  • accommodation needs/lease; IT SITA licences; SAJEI posts; etc.
  • R11.8 million on capital expenditure as a result of delay in awarding
    • IT infrastructure; office furniture incomplete by 31 March 2013.
ocj planned activities 1
OCJ PLANNED ACTIVITIES (1)
  • Capacitation of the OCJ
    • OCJ finalising Strategic Plan in line with the CJ’s priorities.
      • Draft strategic plan prepared to be finalised at a strategic planning session to be held later this month (May).
    • Establishment of governance structures
      • OCJ currently developing governance structures such as Audit, Risk Management, and IT Committees.
    • Setting up of IT infrastructure
      • OCJ currently relies on DOJCD infrastructure.
      • In the process of acquiring own infrastructure.
    • Acquiring of Office Accommodation
      • OCJ intends resuscitating efforts to procure office accommodation, which were abandoned due to shortage of funds.
    • Transfer of Superior Courts
      • OCJ considering the proposal regarding the transfer of the superior courts.
    • Acquiring of OCJ budget vote
      • The process is underway.
ocj planned activities 2
OCJ PLANNED ACTIVITIES (2)
  • Staffing- 224 posts with125 filled posts and 99 vacancies.
ocj planned activities 3
OCJ PLANNED ACTIVITIES (3)

These are the vacancies at SMS level:

  • 1.Chief Financial Officer -advertised twice and headhunting
  • 2.Chief Director Court Administration
  • 3.Chief Director, Corporate Services
  • 4. Director: Internal Audit - headhunting in process
  • 5.Director: IT- advertised and selection process underway.
  • 6.Director, Judicial Relation
  • 7.Director, Stakeholder Relationship Management
  • 8. Director, Strategy
  • 9. Director, Communication
  • 10. Director, Research
  • 11. 3 Judicial Educators (awaiting policy change)

OFFICE OF THE CHIEF JUSTICE

ocj planned activities 4
OCJ PLANNED ACTIVITIES (4)
  • Enhancement of Court Efficiency

Case Flow Management Project

      • Judiciary commenced with pilot projects in three high courts.
      • Project to be rolled out to five other high courts.

Case File Audits

      • Case file audits commenced in all divisions of the High Court.
      • Objective of the audit is identify dead files so as to remove them from the system thereby ridding the backlog of cases from the court system.
      • Additional resources will be allocated to the project to ensure finalisation by year end.
ocj planned activities 5
OCJ PLANNED ACTIVITIES (5)
  • Implications of the Superior Courts Bill, and the Constitution Seventeenth Amendment Act.
    • CAAB formalises Chief Justice as Head of Judiciary.
    • Constitutional Court as apex court in all matters.
    • SCB provides for rationalisation of the structure of the superior courts and for matters relating to court administration.
    • OCJ and DOJCD will be working on the implementation of the SCB.

- Court Automation

      • OCJ and DOJCD considering review of ICMS.
  • Proposed amendment of SAJEI Act of 2008
    • Proposed amendments on SAJEI aimed at giving accountability to the Secretary-General.
ocj plannned activities 6
OCJ PLANNNED ACTIVITIES (6)
  • Filling of Judicial Vacancies
    • JSC continues to recommend candidates for judicial appointment and dealing with complaints lodged against judicial officers.
  • Judicial Education
    • Training of judicial officers on constitutionally mandated legislation and other legislation
    • Soft skills and IT skills training
    • Training of Aspirant Judges
    • Orientation of newly appointed Judges
    • Training of newly appointed Magistrates
    • E-Learning Project
  • Court Administration
    • Court Administration Model
      • OCJ finalising research on the appropriate court administration model suitable for our Judiciary.
ocj plannned activities 7
OCJ PLANNNED ACTIVITIES (7)
  • Stakeholder Liaison
    • National Efficiency Enhancement Committee (NEEC) established on 13 October 2013 by the CJ after consultation with relevant Ministers. In response to the Minister’s request for CJ on performance of the courts.
    • NEEC comprises of all the key role-players in the Justice Cluster including the Judiciary at both levels, Attorneys and Advocates profession.
    • NEEC objective is to improve the efficiency and effectiveness of the courts.
    • Committees have been established to identify common approach to deal with common problems.
budget shortfall 2013 14
BUDGET SHORTFALL 2013/14

An estimated shortfall of R80m extra required in the first year for the following:

  • Capacitation of OCJ (R12m)
  • Capacitation of JP’s Offices (R5m)
  • IT Infrastructure (R8.4m)
  • Development of judicial monitoring system for court performance (R15m)
  • Judicial Education (R15m)
  • Office Accommodation and Furniture (R17.7m)
  • Implementation of the Superior Courts Bill & Constitution 17th Amendment Act (uncosted)

OFFICE OF THE CHIEF JUSTICE

concluding remarks
CONCLUDING REMARKS
  • As the OCJ, we thank the Portfolio Committee for inviting us.
  • We look forward to future engagements and guidance from the Portfolio Committee in order to strengthen the OCJ in its development stage.
  • The OCJ also aim to strengthen its relationship and cooperation with the DoJ&CD to implement transitional measures that will enable the OCJ to reach the necessary maturity levels.

OFFICE OF THE CHIEF JUSTICE

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