OFFICE OF THE CHIEF JUSTICE

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 2012-13 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, 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 OFFICE OF THE CHIEF JUSTICE

8. 2013/14 BUDGET & EXPENDITURE REPORTAS AT 30 SEPTEMBER

9. MID YEAR EXPENDITURE REPORT – 2013/14

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 OFFICE OF THE CHIEF JUSTICE

13. OCJ Budget Vote Preparation: National Treasury Check List OFFICE OF THE CHIEF JUSTICE

14. 2014 - 2017 MTEF BUDGET(2014/15 inclusive of Superior Courts)

15. OCJ Staffing 2013/14 • Staffing- 222 posts with130 filled posts and 92 vacancies.

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