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DEPARTMENTAL ANNUAL REPORT 2015/16

DEPARTMENTAL ANNUAL REPORT 2015/16. contents. Introduction Policy Updates Performance Overview Organisational Overview Programme Performance 5.1 Programme 1: Administration 5.2 Programme 2: Court Services 5.3 Programme 3: State Legal Services

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DEPARTMENTAL ANNUAL REPORT 2015/16

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  1. DEPARTMENTAL ANNUAL REPORT 2015/16

  2. contents • Introduction • Policy Updates • Performance Overview • Organisational Overview • Programme Performance • 5.1 Programme 1: Administration • 5.2 Programme 2: Court Services • 5.3 Programme 3: State Legal Services • 5.4 Programme 4: National Prosecuting Authority • 5.5 Programme 5: Auxiliary and Associated Services • Conclusion CONTENTS 2

  3. 1. INTRODUCTION 1. INTRODUCTION Vision An accessible justice system that promotes constitutional values. Mission To provide transparent, responsive and accountable justice services for all. Principles and Values (i) Commitment to constitutional values and a culture of human rights (ii) Promotion of the rule of law (iii) Batho Pele (iv) Good governance (v) Ubuntu (vi) Professionalism and continuous improvement (vii) Transparency 3

  4. 1. INTRODUCTION 1. INTRODUCTION Strategic Goals The Department of Justice and Constitutional Development (DoJ&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy. In promoting this, the Department continued in the period under review with the pursuance of the following strategic goals: • Enhanced organisational performance on all aspects of administration in line with set standards, and meeting and exceeding the needs and aspirations of key stakeholders. • To facilitate the (effective and efficient) resolution of criminal, civil, and family law disputes by providing accessible, efficient and quality administrative support to the courts. • Effective and cost-efficient provision of state legal services that anticipate, meet and exceed stakeholder needs and expectations. 4. Effective coordination of the JCPS Cluster in the delivery of Outcome 3. 5. Promotion of the Constitution and its values. 4

  5. 2. POLICY UPDATES 1. INTRODUCTION The following are policy initiatives and updates that were undertaken during the year under review: (a) Strengthening judicial governance and accountability From the 2015/16 financial year, in line with the Superior Courts Act, all superior courts were transferred to the Office of the Chief Justice, who manage the performance of these courts. The Department will be responsible for policy and legislation related functions in respect of the superior courts and the administration of the lower courts. This position will prevail until the last phase of the institutional restructuring has been completed. This phase will culminate in the enactment of a new Lower Courts Act and the Court Administration Act, which Cabinet directed to be completed during the current MTSF period. 5

  6. 2. POLICY UPDATES 1. INTRODUCTION (b) Policy and Legislation on Traditional Courts Following the introduction of the Traditional Courts Bill into Parliament in 2008 and 2012 with views and concerns raised in relation thereto, it became necessary to revisit certain policy considerations that formed the basis of the Bill. The following aspects necessitated a review of the Transformation of the Traditional Courts: • Participation of women in the traditional justice system; • Defining the nature of the courts including the use of terminology in the Bill; • Jurisdictional boundaries of the courts; • Jurisdiction in respect of conflict resolution; and • Opting out of the traditional justice system Significant progress was made by the Reference Group put together to address these issues. Tabling in Parliament is expected during the 2016/17 financial year. 6

  7. 2. POLICY UPDATES 1. INTRODUCTION (c) Court-Annexed Mediation The pilot project of Court-Annexed Mediation began in December 2014 and was officially launched by the Minister at the Barolong Community Hall in Mahikeng on 16 February 2015. In the first phase of the pilot project, 12 magistrates’ courts, nine in Gauteng and three in North West were selected to offer mediation services. More than 200 mediators were accredited by the Minister to provide mediation services. The report of the pilot study identified a number of issues that will be considered before nation-wide implementation is undertaken. 7

  8. 2. POLICY UPDATES 1. INTRODUCTION (d) Transformation of State Legal Services In line with the Department’s broader transformation of legal services, the Department embarked on addressing operational challenges within the State Attorney environment. These included, among others, building administrative capacity and putting effective performance monitoring systems in place. The State Attorney Amendment Act of 2014 provided for the establishment of a Solicitor-General to oversee all state litigation and address these issues. Appointment processes were initiated during the year under review. During the year under review, the first draft of the Mediation Policy was development for consultation with stakeholders. This policy will enable government to use mediation as a tool to lower costs of litigation, where this is applicable. Other policies that were considered by the Department include the Briefing and Tariff policies. 8

  9. 2. POLICY UPDATES 1. INTRODUCTION (e)National Intervention Strategy on crimes against the Lesbian, Gay, Bisexual, Transsexual and Intersexed (LGBTI) community On the 29th of April of 2014, the Minister of Justice and Constitutional Development launched the LGBTI Programme in the presence of representatives from broad stakeholders, including Civil Society Organisations (CSOs) and Chapter 9 Institutions. During the year under review, the Department worked with stakeholders to implement this plan. This included follow-up of criminal cases, awareness initiatives and development of information material such as posters and brochures. 9

  10. 2. POLICY UPDATES 1. INTRODUCTION • National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP) • Following consultative workshops with key government departments, Chapter 9 institutions and civil society organisations, the thirteenth draft of the National Action Plan (NAP) was submitted to Cabinet and subsequently approved for public comment during December 2015. • The national consultative dialogue with various relevant role-players and stakeholders to launch and mark the commencement of the public consultations process on the NAP was held in Cape Town on 29 February -1 March 2016. • Symbolic anti-racism pledges were signed, led by the Deputy Minister, anti-apartheid activist Mr. Ahmed Kathrada, and the Director-General of the DOJ&CD. 10

  11. 2. POLICY UPDATES 1. INTRODUCTION • (g) Policy for the Language of Court Record • Transformation of the justice system cannot be undertaken without consideration of the use of indigenous languages within the court environment. This will afford people an opportunity to take part in court proceedings in the language they understand the best. • The pilot project undertaken by the Department identified a number of aspects that are necessary for the development of indigenous languages including the development of uniform legal terminology and inclusion of indigenous language training as part of the LLB curriculum. • Initial consultative meetings with the Office of the Chief Justice were undertaken to discuss this policy and other related transformative policies within the courts. Further discussions will be undertaken with other stakeholders, in preparation for public consultations. 11

  12. DEPARTMENTAL PERFORMANCE: PROGRAMME 1 ORGANISATIONAL OVERVIEW 12

  13. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement Improved Access to Justice Key achievements for the 2015/16 financial year include the following: A major milestone in access to services is the finalization of the Limpopo High Court building. This court will enable the greater population of Limpopo to avoid a long trip to Pretoria for a High Court. Designated places of seating were created, with the result that each of the 9 provinces in the country have operating high courts. Limpopo and Mpumalanga provinces completed the alignment of all Magisterial districts to municipal boundaries to enable easier access to justice services. 40 new Small Claims Courts were established enabling communities to institute minor civil claims in an affordable manner. 14 dedicated Sexual Offences court rooms were re-established in accordance with the Sexual Offences Courts Model. 13

  14. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 2. Service Delivery Highlights in Courts Key achievements for the 2015/16 financial year include the following: Through its 15 offices across the country, the Master of the High Court finalised a total of 275 657 cases, inclusive of insolvencies, trusts, deceased estates and payments of the Guardian’s Fund. A total of 17 357 applications for expungement of criminal records were finalised and 720 requests for presidential pardons were handled. Only 43 pardons were granted. The Office of the Chief State Law Advisor completed a total of 1 566 legal opinions and certification of bills. A total of 309 838 criminal cases were finalised with a verdict through the NPA in the lower courts. A total of 166 952 cases were finalised through the alternative dispute resolution method (ADRM) through the NPA in the lower courts. The number of Thuthuzela Care Centres (TCCs) increased from 44 to 55. The new High Court in Limpopo has been operationalised. The construction of the Mpumalanga High Court is well underway. 14

  15. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement • Improved Administration • Key achievements for the 2015/16 financial year include the following: • There is an increase of 10 019 to 11 329 (13%) in the utilisation of the Audi-Visual Remand System from prior to current year. • 312 cases from the outstanding roll of 178 740 were postponed due to unavailability of court administrative support. Monthly monitoring of performance and support provided to courts have led to the target being exceeded. Performance achieved 0.17% against target of 3% or less. • The enhancement to ICMS, ECMS and CAS as part of key deliverables of IJS programme, was deployed to all courts across all nine provinces. • PEAS system scan the documents to ensure that fraudulent activities are reduced and prevent the loss of documents. The documents scanned increased from 92 798 to 107 512 (16%) in the current year. 15

  16. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 DEPARTMENTAL PERFORMANCE: PROGRAMME 1 • The Department sustained the unqualified audit opinion on the Vote Account for three consecutive years, as illustrated below. • With the exception of Third Party Funds, all funds have sustained clean audits. • Third Party Funds improved from disclaimer to qualification audit opinion. Table 1: Audit outcomes for the vote and funds under management 16

  17. ORGANISATIONAL OVERVIEW Vote Account - Audit Outcome • Number of findings reduced to 52 for 2015/16 (69 for 2014/15) • Major findings • Material misstatements corrected on contingent liabilities (2014/16 Contingent liabilities, leases & commitments). • The bank overdraft • Major improvements during the 2013/14 audits • Reduction in Human Resource management findings • Major reduction in invoices not paid outstanding more than 30 days (R8,8 million in 2013/14 to R3,6 million in 2014/15 and to R252k in 2015/16) • Focus areas for 2016/17 audits • Further improvement in 30 day payments • Performance information (AOPO) - sustainability • Prevention of irregular expenditure • Corrective action on the Contingent liability systems • Put systems in place to educe the bank overdraft

  18. ORGANISATIONAL OVERVIEW Guardian Fund’s - Audit Outcome • Unqualified audit opinion (Clean) • Number of findings reduced to 14 for 2014/15 (18 for 2013/14) • Major Risk areas • System Deficiencies, 8 out of the 14 Findings (58%) relate to system calculation issues, which are the major risk item that can affect the Audit Opinion. • The GF is currently performing options analysis for the route forward on a new system but the GF has “work-around” processes to mitigate the current system risks

  19. ORGANISATIONAL OVERVIEW President’s Fund - Audit Outcome • Unqualified audit opinion (Clean) • Number of findings reduced to 1 for 2015/16 (3 for 2014/15) • Audit finding: • Supporting documentation relating to payment of bursaries to education institutions by NSFAS and Department of Education.

  20. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Third Party Funds - Audit Outcome • Third Party Funds reports have improved from a disclaimer issued by AG in 2014/15 to a qualified audit opinion in 2015/16. • The Department is on track to achieve an unqualified audit opinion in Third Party Funds (TPF) by the end of the 2017/18 financial year. • A new technological system for the management of TPF was piloted, with an expectation of a full roll-out by the end of the 2016/17 financial year. • In addition, training initiatives were undertaken to enable all service points to improve their financial management. 20

  21. ORGANISATIONAL OVERVIEW Third Party Funds Turnaround Plan • Investments in the last 3 years was focused on data clean up, improving banking and cash management, reducing service turnaround time and was underpinned by a substantial training programme for court and cash hall personnel. • The next period is guided by a specifically appointed Steering Committee of Exco that will ensure full and disciplined implementation of all policies and standing operating procedures. • The departmental activities of the next 5 years will be guided by investment in financial accounting and reporting systems as well as introduction of payment methodologies that enhance service delivery to beneficiaries.

  22. ORGANISATIONAL OVERVIEW Third Party Funds Turnaround Plan • The medium term prioritised interventions over are focussed on: • Financial reporting in full compliance with all relevant and applicable standards aligned with National treasury directives of the TPF (2016 and onwards) • Development and piloting of a new financial administration system - 2015/2016 • Deployment of the new system to all service points subjected to a substantial change management and training programme (2016/2017) • Development and deployment of enhanced and automated business process supported with clear directives and operating procedures (2015 – 2017) • Appropriate governance arrangements in line with approved legislation (new TPF legislation in process) and National Treasury Frameworks.

  23. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 • The Department achieved 68 of the 97 planned targets in the Annual Performance Plan of 2015/16. The performance translated to 70% of targets being achieved. • The progress on the implementation of the APP was monitored on a monthly basis • The chart below depicts the performance of department per programme. 23

  24. ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 • The number of indicators increased from 92 to 97 in the period under review. 2. When comparing the performance from prior year to current year, all programmes performance deteriorated. 3. Tracking of new objective indicators were not completed timeously due to capacity constraints. 24

  25. BUDGET OVERVIEW FINANCIAL AND AUDIT OVERVIEW Headline on Spending • There has been a significant decrease in accruals in the 2013/14 financial year; • There has been a major improvement in the percentage of creditors paid within 30 days; • Underspending in capital remains a challenge. Operational challenges are being addressed. 25

  26. BUDGET OVERVIEW FINANCIAL AND AUDIT OVERVIEW Cost Drivers - Goods and Services 26

  27. BUDGET OVERVIEW FINANCIAL AND AUDIT OVERVIEW Cost Drivers - Goods and Services There has been a significant increase in costs of psychological evaluations and transcription of records. Average growth below 0% confirms the implementation of the cost containment measures by the department 27

  28. ORGANISATIONAL OVERVIEW FINANCIAL AND AUDIT OVERVIEW Baseline budget reduction National Treasury announced baseline budget cuts in January 2016 in order to fund other government priorities. The Department will implement these cuts as follows:

  29. PROGRAMME PERFORMANCE PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION 29

  30. PROGRAMME 1: ADMINISTRATION The purpose of this programme is to provide strategic leadership, management and support services to the Department. Strategic Objectives • Increased compliance with prescripts to achieve and sustain the unqualified audit opinions. • Implementation of programmes aimed at creating employment opportunities for the youth. • Reduction of fraud and corruption in the Department. • Increased number of public bodies compliant with the Promotion of Access to Information Act (PAIA , Act 2 of 2000). 30

  31. PROGRAMME 1: ADMINISTRATION Strategic Objective 1: Increased Compliance with prescripts to achieve and sustain unqualified audit opinion The Department achieved and sustained an unqualified audit opinion on the vote account, Guarding’s Fund , CARA Fund and President’s Fund . Third Party Fund (TPF) improved from disclaimed opinion to qualified opinion. 31

  32. PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 1: Increased compliance with prescripts for good governance Internal audit completed 304 audit projects during the period under review, it provided insight on the internal controls and to ensure that the risks are minimised . Audit Action Plan to address findings made by the Auditor-General and Internal Audit, the target was not met due the some of the interventions timelines overlapped to 2016/17 financial year Three reports were completed, however, there was delay in submission of reports by the beneficiaries of CARA to finalise the forth report 32

  33. PROGRAMME 1: ADMINISTRATION Strategic objective 2: Implementation programmes aimed at creating employment opportunities for the youth Department has prioritised programmes that will contribute positively to address the challenge of unemployment. Such programmes include creation of employment opportunities for the youth. The baseline information report was not completed due to limited resources required to complete the study. The Department has since identified resources that will assist in conducting the study during the 2016/17 financial year. 33

  34. PROGRAMME 1: ADMINISTRATION Strategic objective 2: Implementation programmes aimed at creating employment opportunities for the youth The Department appointed 808 of graduates and learners to internship and learnership programmes. Department had planned to conduct a baseline study with the aim of determining the target that can be set for procurement spending on the youth. The baseline study was not finalised due to the legal issues raised regarding regulations that govern procurement within the public sector. It can however be confirmed that although the baseline report was not completed, the Department continued to implement interventions to create opportunities for the youth. 34

  35. PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 3: Reduction of fraud and corruption cases in the department The Department conducted a survey to determine the impact and effectiveness of anti-fraud and corruption initiatives implemented over the past few financial years.. The findings indicate that the majority of officials are aware of the Departmental Anti-corruption policies; however, there is a gap in full comprehension of the contents of the policies. This indicates that the department should follow a different approach to ensure that officials internalise the Anti-Corruption policies to its full extent. Training of officials in this regard will continue accordingly. 35

  36. PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 3: Reduction of fraud and corruption in the Department During the year under review, 56 fraud and corruption staff awareness workshops were conducted.. The Department recorded 251 alleged cases of fraud and corruption and 228 of these cases were finalised. The target was not met due to complexity of some cases, which required more time to be finalised. At the end of period under review, 10 integrity competence assessments forms of Senior Management Services were submitted to Security Agency for vetting. 36

  37. PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic objective 4: Increased number of public bodies’ compliance with the Promotion of Access to Information Act (PAIA) of 2000 The Department is responsible for the administration, coordination of the PAIA to the public and facilitation of the implementation of PAIA throughout the three spheres of Government and other public bodies. During the year under review, a survey was conducted at Public Bodies to determine their level of compliance with PAIA. To this effect 102 Public Bodies were found to be fully compliant with PAIA. 37

  38. PROGRAMME 1: ADMINISTRATION Strategic objective 4: Increased number of public bodies’ compliance with the Promotion of Access to Information Act (PAIA) of 2000 To ensure compliance with PAIA, the Deputy Information Officer of the Department is required to provide training within various public bodies. During the year under review the Office of the Deputy Information Officer conducted PAIA training at 57 public bodies. The Department processed 206 requests of which 204 requests were finalised within the prescribed period, performance translated to 99%. 38

  39. PROGRAMME PERFORMANCE PROGRAMME 2: COURT SERVICES 39

  40. PROGRAMME 2: COURT SERVICES The purpose of this programme is to facilitate the resolution of criminal and civil cases, and family disputes by providing accessible, efficient and quality administrative support to the courts. Strategic objectives 5. Improved finalisation of criminal cases in support of Outcome 3: All people in South Africa are and feel safe. 6. Improved court-based services to achieve client satisfaction within the vulnerable groups. 7. Increased protection of the best interest of children and promotion of family cohesion through mediation services. 8. Increased access to justice services to historically marginalised communities. 9. Improved level of compliance with quasi-judicial standards of service. 40

  41. PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 5: Improved finalisation of criminal cases in support of Outcome 3: “All people in South Africa are and feel safe” The aim of the case backlog project is to achieve a reduction in cases and to ensure that the inflow of new cases is balanced by matters concluded as well as greater court efficiency and effectiveness. During the year under review, the number of criminal cases on backlog in the lower courts increased to 47 324, representing 26% of the outstanding roll of 178 740 cases. The target was not achieved as the Department had with effect from the 2014/15 financial year adjusted the calculation used to determine whether a case is a backlog or not. 41

  42. PROGRAMME 2: COURT SERVICES Strategic objective 5: Improved finalisation of criminal cases in support of Outcome 3: “All people in South Africa are and feel safe” The draft CJS business plan was developed, however, the target was not achieved as the consultative process with stakeholders took longer than anticipated. A total of 312 cases from the outstanding roll of 178 740 were postponed due to unavailability of court administrative support. 42

  43. PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 2 Strategic objective 6: Provide improved court-based services to achieve client satisfaction within the vulnerable groups The Department continues to put interventions in place aimed at improving the services rendered to victims of sexual offences. In order to assess the impact of the service improvements and identify further areas of improvement, the Department conducted a client satisfaction study. This study was also conducted with the aim of determining the Performance target to be set for subsequent years. The study included conducting interviews with adults and children who accessed the sexual offences courts. 43

  44. PROGRAMME 2: COURT SERVICES Strategic objective 6: Provide improved court-based services to achieve client satisfaction within the vulnerable groups Department recorded 6 571 maintenance cases where defendants were served with proper service of process at the 9 pilot sites and 5 596 cases were finalised within 90 days after proper service of process, translating to 85% performance. As at the end of the year, 22 879 convictions were recorded electronically on the NRSO. For the period under review, 14 courtrooms were upgraded to dedicated sexual offences courtrooms 44

  45. PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 2 Strategic objective 7: Increased protection of the best interest of children and promotion of family cohesion through mediation services The Department, through the Office of the Chief Family Advocate provides professional services to members of the public and the courts, with children being the main beneficiaries of the services provided. During the year under review 23 481 children were assisted through family advocate interventions, against the target of 12 960. 45

  46. PROGRAMME 2: COURT SERVICES Strategic objective 7: Increased protection of the best interest of children and promotion of family cohesion through mediation services During the year under review, 9 567 non-litigation family law matters were registered and 8 194 of these matters were finalised. For the litigation cases where reports required to be filed at courts, 8 355 reports were filed and 7 688 of those reports were filed within 15 days of completion of the enquiry 46

  47. PROGRAMME 2: COURT SERVICES Strategic objective 8: Increased access to justice services to historically marginalised communities In keeping with its commitment to increase access to justice, the Department has in the past few years established new courts and rationalised the existing courts in order to align them with the constitutional dispensation. During the year under review, the Department planned a baseline survey to determine citizens perception of access to justice services. The baseline survey report was not completed due to limited resources. The Baseline Study has since been completed 47

  48. PROGRAMME 2: COURT SERVICES Strategic objective 8: Increased access to justice services to historically marginalised communities A total of 40 new small claims courts were established. Limpopo and Mpumalanga province magisterial districts were aligned to municipal boundaries. Similar process of aligning divisions of High Courts with provincial boundaries was undertaken for Limpopo and Mpumalanga provinces. 48

  49. PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 2 Strategic objective 9: Improved level of compliance with quasi-judicial standards of service The Department strives to improve compliance with the standards in the delivery of quasi-judicial services offered to clients. To this end, service standards have been introduced regarding the processing of applications for court judgements issued by the clerk of court in terms of Rule 12 of the magistrates court rules. During the year under review, the Department sought to conduct a baseline study to determine the target to be set for the subsequent years. Although the study was conducted, it was not finalised by the end of the financial year; thus, the target was not achieved. 49

  50. PROGRAMME 2: COURT SERVICES Strategic objective 9: Improved level of compliance with quasi -judicial standards of service During the year under review, 241 816 requests for default judgements were received and 211 219 were dealt with by the clerks of the court, within 14 working days of receipt. The Department processed 12 558 unopposed taxations and 12 326 were processed within 14 working days from the date the matters were set down. 50

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