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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT ANNUAL REPORT (2008/09) PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT ADV SIMON JIYANE ACTING DIRECTOR– GENERAL 18 NOVEMBER 2009. VISION

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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

ANNUAL REPORT (2008/09)

PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT

ADV SIMON JIYANE

ACTING DIRECTOR–GENERAL

18 NOVEMBER 2009

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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.
core functions of the department
CORE FUNCTIONS OF THE DEPARTMENT
  • Ensure equitable access to justice services for all;
  • Ensure effective and efficient management of the Department;
  • Facilitate resolution of criminal and civil cases;
  • Build, maintain and secure the department’s capital infrastructure including court facilities;
  • 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);

  • Develop legislations (including conducting research and improving court rules);
  • Develop and promote the constitution (including educating the public on the department’s programmes and their constitutional rights);
  • Supervise the administration of deceased and insolvent estates, including administering the Guardian’s fund; and
  • Provide legal advice services and protect all organs of state.
access to justice services
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 2009.
  • There are 9 Branch courts which are currently being re-designated, and would be fully ready by the end of year 2009.
  • 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.
ensure effective and efficient management of resources financial management
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).
ensure effective and efficient management of resources human resource management
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.
ensure effective and efficient management of resources information systems management
Ensure effective and efficient management of resources (Information Systems Management)
  • The department continued modernizing its IT systems with more than 2 430 digital court recording systems installed to replace the outdated analog recording machines in our courts.
  • A total of 4 721 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.
facilitate resolution of criminal and civil cases
Facilitate resolution of criminal and civil cases
  • The courts sat an average of 3h50 hours per day.
  • A total of 1 058 376 cases were enrolled with 638 720 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 5 300 (with 4 925 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.
facilitate resolution of criminal and civil cases1
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 31712 civil trials, and 13322 criminal trials enrolled. Of the civil cases enrolled, 25339 (79.9%) of the cases are pending, with 6373 (20%) finalised, and 2532 (7.9%) withdrawn.
  • Of the 13322 criminal cases enrolled, 10439 (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.
review of the criminal justice system
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.

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
review of the criminal justice system court backlogs
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 13 113 (comprising 8855 cases finalized + 3649 withdrawn after rescreening of regional cases at backlog sites + 609 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).

protect and promote the rights of the vulnerable groups
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 in terms of the Child Justice Act, 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.
developing legislation including conducting research and improving court rules
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
slide14
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.
slide15
Supervise the administration of deceased and insolvent estates, including administering the Guardian’s fund
  • The department received 117 656 new matters on estates, of which 81 477 were files on estates less than R125 000, and 36 179 were files on estates worth and more than R125 000.
  • The department issued 62 712 letters of authority to resolve files of estates less than R125 000, and 29 901 letters for estates more than R125 000.
  • There were 77 000 of the 81 477 estates less than R125 000 finalised, and 27 179 files of estates more than R125 000 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 5221.
  • In improving access to the Guardian’s Fund, the department recorded 10 643 receipts for the Guardian’s Fund at a total value of R576 432 957.
  • The total volume of payments from the Fund exceeded R618 million.
provide legal advice services to and protect all organs of state
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 R273 925 219 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.
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17

Corporate Services:

Information & Systems Management

Modernization Initiatives to Support Efficiency in the Courts & the CJS

slide18

18

JDAS – Justice Deposit Account System

Automates current manual processes at Magistrate Courts that administers Third Party Funds.

Consist out of various modules such as Bail, Fines, Contributions,

Admission of Guilt and in particular the Maintenance Module which

is aimed at the life style improvement of the poorest of the poor and more

in particular that of women and children.

The system is currently deployed to all 480 courts that administer Third

Party Funds.

Payment Anywhere

Functionality within JDAS that allows for the receiving and payment of

third party funds through Electronic Fund Transfer technologies.

Further benefit is that maintenance and bail monies can be accepted and

paid at any Magistrate Court regardless of where the case is registered

or a person is detained.

System is currently in the final pilot phase.

slide19

ICMS - Integrated Case Management System

19

  • enterprise case management system and framework for the department.
  • main objective is to manage case flow and tracking of a case through the entire case lifecycle.
  • functionality includes electronic scanning of case dockets and case files
  • modular based – each module re-uses the already developed shared core components and customized according to the business rules of each system.
  • ICMS Lower Courts Civil - deployed to 480 lower courts.
  • ICMS High Courts Civil - deployed to 12 high courts.
  • ICMS Lower Courts Criminal - deployed to 480 lower courts.
  • ICMS Small Claims Courts - deployed to 194 lower courts
  • ICMS National Register for Sex Offenders - deployed to 171 courts.
  • ICMS Masters - deployed to 14 Masters Offices and 129 courts
slide20

20

GFS – Guardians Fund System

Administers the monies kept in trust by the Masters office on behalf of minors and persons not fit to manage their financial affairs and tracks all transactions.

Makes use of a verifiable audit trail on all transactions that passes through the system as well as a three tier authorization level before monies can be moved and transactions posted.

Currently deployed to 14 Masters Office.

  • JMIS - Justice Management Information System
  • Allows for the effective reporting on all systems data as captured
  • by the courts and is used as a business intelligence tool.

Dashboard reflects detailed information to business such as daily, monthly and annual trends, statistical analysis and a national overview on volumes and values even down to court and case level.

Empowers management at all levels to monitor performance and make informed decisions based on real time and accurate information.

slide21

21

Video Remand System

Video conference system between courts and prisons to enable Court Hearings for Remands and Postponements for awaiting trial detainees without them leaving the prison facility.

Includes the building / refurbishments of cubicles within the correctional services facilities to provide an environment similar to a court room

Includes a fax machine to receive J1’s & J7 warrants.

Client / attorney lines are also installed between the court room and correctional services facility.

Design allows for further the development of the interoperability model which will allow for data transfer between the DOJ&CD and participating IJS departments.

Currently deployed to 42 courts and 3 correctional services centers.

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22

Integrated Justice System

Focused towards the better management of crime and criminals, from the reporting of a crime right through the arrest, conviction, imprisonment and the rehabilitation of the offender.

Participating departments are SAPS, NPA, DOJ&CD, DCS, DSD, DHA & Legal

Aid Board.

Interoperability allows for the electronic sharing of information and reducing the

loss of case dockets by tracking all aspects of a case through the justice cycle.

The system integration status is as follows:

Electronic transfer of case detail & e-dockets to all IJS Departments as

captured by SAPS.

Electronic transfer of postponement dates and case outcomes to all IJS

Departments as per court roll.

slide23

23

Integrated Justice System

  • Electronic notification between Departments as part of work flow and ’early
  • warning’ indicators.
  • Automated notification to SA Legal Aid if service is required by accused.
  • Verification of Identity between SAPS and DHA & notification of persons on
  • the SAPS “Wanted Database’s to Border Control System.
  • Establishment of various Departmental Hubs to integrate their systems and
  • the establishment of the IJS Transversal Hub —Push/Pull data transfer.
  • Integration of Departmental Management Information Systems and the IJS
  • BI/GIS Information System.
slide24

DoJ & CD

Portfolio Committee Briefing

Systems Modernization

content
Content
  • Digital Communications
  • System Deployment
  • System Development
digital communications
Digital Communications

Item

Status

Information Security Policies

90% Completed

Performance Monitor Tool

Not Started

UPS Units (30 Sites)

In Progress

ILM (Information Life Cycle)

At SITA RC

DRP Site Implementation

95% Completed

DR Solution Implementation

At SITA RC

November 2009

RIS Server Replacement

At SITA legal department

Server Replacement

IPS (Intrusion Prevention)

At SITA RC

systems deployment
Systems Deployment

System

Deployment

14 Masters Offices & 129 Service Points

Masters Offices

480 Criminal Courts

Criminal Lower Courts

Criminal Lower Courts & SAPS CAS Integration

Pilot Site Testing

480 Civil Courts

12 High Courts

194 Small Claims Courts

171 Magistrate Courts

45 Courts + 2 DCS Centers

480 Magistrate Courts

systems development
Systems Development

System

Development Phase

ICMS Masters (IADE)

Phase 1 Enhancements

ICMS LC Civil

Phase 1 Enhancement

ICMS Family Courts

Phase 1

DOJCD SMS Financial Disclosure System

Phase 1

ICMS Presidential Pardons

Phase 1

ICMS Lower Courts Criminal / SAPS CAS Integration

Phase 1

ICMS Framework: Event & Notifications Module

Phase 1

ICMS Family Courts

Phase 1

ICMS State Attorneys System

Phase 1

ICMS Lower Courts Criminal / CJS KPI BI Integration

Phase 1 & 2

slide29

Public Education and

Communication

Annual Report

2008 / 2009 Financial Year

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INTRODUCTION

  • MEDIA RESEARCH AND LIAISON
  • PUBLIC EDUCATION AND LIAISON
  • INTERNAL COMMUNICATION & LANGUAGE SERVICES
  • CONCLUSION
introduction
INTRODUCTION
  • The Chief Directorate for Public Education is charged with the responsibility of “developing and implementing the programme plan to educate the public on Justice Services”.
  • The Chief Directorate is divided into three directorates, namely, Media Research and Liaison; Public Education and Liaison; and Internal Communication and Language Services
  • The 2008/2009 Financial Year was the year on which an aggressive public education and communication programme was implemented by the Department
media research and liaison
MEDIA RESEARCH AND LIAISON

Media Research and Liaison’s role is to maintain the public image of the department through the media. During the year under review the following activities were undertaken to fulfil this role:

  • Four newspaper supplements on key departmental programmes were published namely: Access to Justice, Review of the Criminal Justice System, Victim Empowerment and a 5year review supplement
  • Law on Call, a radio educational programme on community radio stations was commissioned covering 17 stations in all provinces
  • Justice on the Airwaves, a partnership with the SABC was broadcast on 9 radio stations covering various justice related topics
public education and liaison
PUBLIC EDUCATION AND LIAISON

Public Education and Liaison’s core is to build the public confidence in the administration of justice by educating the public about legal and Constitutional matters. During the year under review the following activities were undertaken:

  • 446 information sessions ,workshops and awareness campaigns on justice related matters were conducted in all the 9 provinces with NGO’s,CBO’s,CDW’s, schools
  • 2 International Judges Conferences were coordinated and hosted, Human Rights Day celebrated in Kimberly Exhibited at MACUFE, Royal Show, Polokwane show and Soweto Career show
  • Annual reports for the department, SALRC,Guardian’s Fund and the President’s Fund were printed
internal communication and language services
INTERNAL COMMUNICATION AND LANGUAGE SERVICES

The Internal communication and Languages Services directorates manages internal communication within the department. During the year under review the following activities were undertaken:

  • 6 issues of the corporate bimonthly newsletter- Justice Today( 35 000 copies each) were published.
  • 9 issues of the electronic internal newsletter-Tsala ya Molao were produced
  • The department revamped its website for easy access and updating
  • Some publication of the department were produced in Braille e.g Annual Report
  • Translated some court forms from English into 10 other officials languages and posted into the website
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