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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT SELECT COMMITTEE ON JUSTICE AND SECURITY Annual Performance Plan 2014/15 16 July 2014. CONTENTS. Introduction Mission, Vision, Principles and Values 2. Mandates Constitutional, Legislative National policies

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DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT SELECT COMMITTEE ON JUSTICE AND SECURITY Annual Performance Plan 2014/1516 July 2014
slide2
CONTENTS
  • Introduction
  • Mission, Vision, Principles and Values
  • 2. Mandates
    • Constitutional, Legislative
  • National policies
  • Changes made in the current plans
  • Risks and challenges
  • Areas with funding constraints
  • Strategic objectives and targets
    • Programme 1: Administration
    • Programme 2: Court Services
    • Programme 3: State Legal Services
    • Programme 5: Auxiliary And Associated Services
    • (Integrated Justice Service programme only)
  • 8. Attachments
  • Annexure 1: Indicators and Targets in the Annual Performance Plan 2014/15

2

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INTRODUCTION

Vision

A transformed and accessible justice system that promotes and protects social justice and the rule of law

Mission

To provide transparent, responsive and accountable justice services for all.

Principles and Values

Commitment to constitutional values and a culture of human rights

Promotion of the Rule of Law

Batho Pele

Good governance

Ubuntu

Professionalism and continuous improvement

 Transparency

3

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MANDATES

Constitutional mandate

Constitutional mandate

  • The Department’s key constitutional mandate is the administration of Justice, which it derives from Chapter 8 of the Constitution – “Courts and Administration of Justice”
  • Constitution Seventeenth Amendment Act, 2012, which was enacted in 2013 has introduced significant amendments to Chapter 8 of the Constitution. Important amendments are the new section 165(6) which affirms the Chief Justice as Head of the Judiciary and assign to him or her the responsibility to oversee the development and monitoring of norms and standards for the performance of all courts
  • Accompanying the Constitution Seventeenth Amendment Act is the Superior Courts Act, 2013 which was enacted in 2013. Both the Constitution Seventeenth Amendment Act and the Superior Courts Act came into operation on 23 August 2013.
  • Importantly, the Superior Courts Act lays the basis for judicial institutional reforms by -
    • establishing a legislative framework for the Chief Justice to exercise his or her judicial leadership responsibilities supported by the Office of the Chief Justice
    • prescribing a legislative mechanism for the rationalisation of High Courts
    • providing for the delegation of certain functions flowing from the Superior Courts Actto the Office of the Chief Justice

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MANDATES

Constitutional mandate

  • Following the finalisation of the Superior Courts Act and discussions with the OCJ
  • the following initiatives are envisaged for 2014/15:
  • (i) Transfer of the administration of all Superior Courts to the OCJ
  • (ii) Establishment of fully-functional internal controls and accounting systems for the OCJ
  • (iii) Assisting with the creation of separate vote for OCJ
  • (iv) Strengthening of governance structures of the SAJEI

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MANDATES
  • Legislative mandates
  • The Department derives its statutory mandate from various statutes and subordinate legislation. The following are categories of functions emanating from different legislative instruments, that are relevant to the Department:
  • Legislation providing for the establishment of Superior Courts and Lower Courts as well as specialist courts which are both at the level of the High Court and Magistrates Courts. Important legislation among these are the following:
    • The Superior Courts Act, 2013. The Act provide for assignment of certain functions to the Office of the Chief Justice (OCJ) these include support to the Heads of Courts, Judicial Service Commission and the Judicial Education Institute. It is for this reason that OCJ must have its own separate vote of Transfer of the administration of all Superior Courts to the OCJ
    • The Magistrates Courts Act, 1944 (Act No. 32 of 1944). The Magistrates Courts is out-dated. Processes are underway to develop a Lower Courts Bill to repeal the Magistrates Court Act

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MANDATES
  • Legislative mandates
  • Legislation providing for the establishment and functioning of the National Prosecuting Authority, the Special Investigating Unit and the Asset Forfeiture Unit, the conduct of criminal proceedings, the investigation of organised crime and corruption, and the forfeiture of assets obtained through illicit means (the National Prosecuting Authority Act of 1998, the Criminal Procedure Act of 1977, the Prevention of Organised Crime Act of 1998, the Special Investigation Units and Special Tribunals Act of 1996 and the Witness Protection Act of 1998);
  • c) Legislation providing for the establishment and functioning of bodies responsible for legal aid (the Legal Aid Act of 1969)
  • Legislation providing for the establishment of bodies responsible for law reform and rule-making, the South African Law Reform Commission Act of 1973 and the Rules Board for Courts of Law Act of 1985);
  • Legislation providing for the appointment of masters of the high courts and the administration of the Guardian’s Fund and deceased and insolvent estates (the Administration of Estates Act of 1985 and the Insolvency Act of 1936);

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mandates
MANDATES

Legislative mandates

  • Legislation regulating the provisioning of legal advisory services to government departments (the State Attorneys Act of 1957);
  • Legislation relating to the promotion, protection and enforcement of certain human rights (the Promotion of Administrative Justice Act of 2000, the Promotion of Access to Information Act of 2000, and the Promotion of Equality and Prevention of Unfair Discrimination Act of 2000);
  • Legislation pertaining to the protection of vulnerable groups (the Child Justice Act of 2008, the Children’s Act of 2005, the Criminal Law (Sexual Offences and Related Matters) Amendment Act of 2007, the Maintenance Act of 1998 and the Domestic Violence Act of 1998);
  • Legislation providing for support to Chapter 9 institutions (the Human Rights Commission Act of 1994 and the Public Protector Act of 1994); and
  • Legislation pertaining to debt collectors and sheriffs;
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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • a) Chapter 11: Social Protection
  • Service turnaround in Maintenance Services
  • In line with this Chapter, the Department will continue to focus on:
  • Improving services and turnaround times in maintenance orders and payment successes.
  • Implementation of ICT systems that will improve service delivery
  • Training and capacitation of courts
  • Service turnaround in the Masters Branch
  • The Department will continue with the main focus areas of :
  • Improved turnaround times of deceased estates, administration of insolvent estates, and payments from the Guardian Fund.
  • Continuation of implementation of ICT systems, i.e. Paperless processing and easy access to information.
  • (Details under Programme 2 and 3)

.....Cont’d

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • a) Chapter 11: Social Protection
    • Services offered through the Office of the Chief Family Advocate (CFA)
  • Family Advocates assist children with issues of custody, access and guardianship in family disputes. The CFA, will continue to:
  • Improve mediation services towards full compliance with legislation;
  • Improve turnaround times in lodging children’s reports with the courts; and
  • Widening the net of child protection against the harmful effects of international child abduction, in line with the Hague Convention. In particular, increase acceptances of accession to include our nearest neighbours - Lesotho and Zimbabwe.

.....Cont’d

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

b) Chapter 12: Building Safer Communities

The key focus areas under the Seven Point Plan of the Criminal Justice Review involves improving court efficiency by, amongst others, making changes to court processes and criminal matters through short and medium term proposals. In addressing this the Department has set targets on improvement in court processes, which include:

Increased usage of audio-visual remand systems

Implementation of digital court records, improved court record transcriptions

Improved management of criminal appeal processes and reviews

Decreasing the rate of court postponements due to administrative challenges.

Provision of an integrated and seamless National CJS Information System to facilitate more informed strategies, plans and decision making as well as to facilitate better day-to-day operational management.

Development and implementation of Protocols to improve court efficiency.

In addition, the Department will continue to work together with Correctional Services to reduce t he number of remand detainees

.....Cont’d

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

b) Chapter 12: Building Safer Communities

Access to Justice is a critical component of building safer communities.

In line with these initiatives, the Department will continue to :

Convert branch courts into full-service courts, in line with available budget. This project addresses the legacies of inequality of access.

Align magisterial boundaries with municipal boundaries to improve access to courts.

Build new courts, in line with available budget.

Establishment of small claims courts in each magisterial district.

Details will be discussed under Programme 2

.....Cont’d

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

  • b) Chapter 12: Building Safer Communities
  • With regard to building safer communities for vulnerable groups, the following are planned for the 2014/15 financial year:
    • Establishment of dedicated sexual offences courts
    • Implementation of the National Action Plan regarding the management of crimes against the LGBTI community.
    • Implementation of the National Action Plan on Domestic Violence
    • Continuation of the project to include historical data into the National Register of Sexual Offenders.
    • Fast tracking of cases relating to violent service delivery protests
    • In addressing challenges related to nyaope/wunga, amendments to the Schedules of the Drugs Act were effected with effect from 28 March 2014. This will make it easier to deal with classification issues that were raised.

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • c) Chapter 13: Building a Capable State
  • The Department supports the building of a capable state through initiatives involving people development, systems development and improving governance initiatives
  • (i) Women Development:
  • The department will continue to support South African Women Lawyers Association’s (SAWLA) skills development initiatives and in 2013 approximately 100 women lawyers in private practice received advanced training in different areas of law.
  • The department launched the South Africa Chapter of the International Association of Women Judges (SAC-IAWJ) and continues to provide financial and secretarial support. In August 2013, the Dept partnered with the Association to host an AGM and Conference at the University of Kwa-Zulu Natal attended by 100 delegates.
  • An Executive Leadership Development Programme for women was launched in February 2014 to develop leadership skills for women employees. 20 women took part in the first intake.

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • c) Chapter 13: Building a Capable State
  • The Department supports the building of a capable state through initiatives involving people development, systems development and improving governance initiatives
  • (i) Staff Development:
  • The DOJCD’s Justice College offers in-house training courses for, among others
  • anti-corruption, maintenance, sexual offences, domestic violence, child law, foundation management, service excellence, quasi-judicial services, prosecutorial, interpreting and Masters of the High Court services.
  • For courses not offered , the college assists the Department by outsourcing.
  • (Details under Programme 1)

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • c) Chapter 13: Building a Capable State
  • (i) Staff Development (Bursaries)
  • For the 2013/2014 financial year, forty [40] skill sets were identified as scarce skills in the Department, including international Law, legislative drafting, forensic investigations, legal research, cyber law and environment and maritime law.
  • Bursaries were awarded to employees studying across 28 fields of study [including safety and security, logistics, supply chain, legal interpreting, language practice, finance and accounting] and at seventeen accredited education institutions such as universities, universities of technology and FET colleges.
  • The department is currently managing a total of 1481 bursaries, and the profile of bursary holders are as follows:

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

c) Chapter 13: Building a Capable State

(i) Youth Development

The Department aims to build capacity to deliver services through the use of

internships and learnership programmes. These programmes involve matriculants and

graduates in the areas of law, ICT and public management.

Youth training programmes in 2013/14 and 2014/15

A formal mentorship programme will be established in the Department to facilitate development of young people

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NATIONAL POLICIES
  • National Development Plan 2030 (NDP):
  • c) Chapter 13: Building a Capable State
  • (i) Development of management systems
  • The Department will focus on developing systems that improve the ability of management to effectively perform their management tasks or improve efficiencies within operations. Key initiatives within this area, include:
  • Further enhancements and developments in the Integrated Case Management Systems (ICMS) that enable effective monitoring of cases handled in different areas of the Department, including State Attorney systems. (Ref: Program 2, 3 and 5).
  • Continuation of the implementation of the Integrated Justice System (IJS) that will assist government to identify and address blockages within the justice system (Ref: Program 5).
  • Introduce systems that will assist the Department to achieve and sustain unqualified audit opinions, particularly in the area of Third Party Funds .
  • Continuation of projects on digitisation of court records and audiovisual remand system.
  • (details under Programme 2 and 3)

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

d. Chapter 14: Promoting Accountability and fighting corruption

Under this Chapter, the NDP identified proposals within the Judicial system that will enable the country to effectively fight corruption and promote accountability. These are as follows:

....cont’d

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • Chapter 14: Promoting Accountability and fighting corruption

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • Chapter 14: Promoting Accountability and fighting corruption

Concerted efforts of the JCPS Anti-Corruption Task Team (ACTT) include the following results:

More than 800 persons are currently under criminal, financial and/or forensic investigation, with pre-trial proceedings initiated against 298 persons by the end of December 2013.

Actual trial proceedings have been initiated against 174 persons by the end of December 2013

In June 2013, the JCPS Cluster’s demonstrated its commitment to deal with corruption by releasing a list containing 42 names of people who have been convicted of fraud and corruption.

By the end of December 2013, 48 persons were convicted in cases where more than R5mil illicit gains were involved

Freezing Orders were obtained against 67 persons by the end of December 2013

Efforts to combat crime within the JCPS cluster will continue in the new MTSF cycle.

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NATIONAL POLICIES
  • 1. National Development Plan 2030 (NDP):
  • Chapter 14: Promoting Accountability and fighting corruption

Within the Department, awareness, prevention and investigation efforts will continue in the 2014/15 financial year. (Ref: Programme 1)

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

  • e. Chapter 15: Transforming Society and Uniting the Country.
  • The Department’s constitutional development branch works extensively in the area of transforming society. Initiatives that have been included in the APP are as follows :
      • Implementation of human rights legislation:
      • Promotion of Administrative Justice Act (PAJA)
      • The Department continues to receive support from the GIZ (German funding) towards improved compliance with the PAJA.
      • In the 2014/15 financial year increased efforts will focus on capacity building initiatives for government departments and identified provinces on the application of the PAJA mainstreaming guide.
      • Training will be provided by the Department and Justice College.

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

  • e. Chapter 15: Transforming Society and Uniting the Country.
      • Implementation of human rights legislation:
      • Promotion of Access to Information (PAIA)
      • In ensuring compliance with PAIA legislation for the Department and other government entities, the department will do the following:
      • Establish the necessary institutional framework for the implementation of PAIA e.g. establishment and functioning of intra-governmental committees;
      • Assisting Departments to have filing plans according to National Archives Act

24

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

  • e. Chapter 15: Transforming Society and Uniting the Country.
      • (i) Implementation of human rights legislation:
      • Promotion of Equality and the Prevention of Unfair Discrimination Act
      • In facilitating compliance with legislation PEPUDA, the Department will continue with training of equality court clerks, implementing public information campaigns to educate the public regarding equality courts, strengthening partnerships with civil society organisations and chapter 9 institutions.
      • (ii) Creating actively engaged and critical citizen with a culture of human rights and tolerance.
      • Implementation of Programmes through the Foundation for Human Rights (Ref: Programme 3)
      • Implementation of the National Action Plan on Racism (Program 3)
      • Implementation of a National Policy on LGBTI (Programme 3)

25

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NATIONAL POLICIES

1. National Development Plan 2030 (NDP):

  • e. Chapter 15: Transforming Society and Uniting the Country.
      • (ii) Implementation of recommendation of the Truth and Reconciliation Commission
      • Details available under Program 1
      • Promotion of all official languages
      • The Department has a Translation Unit within the Office of the Chief State Law Adviser, established in recognition of section 6 of the Constitution, which requires all official languages to receive equal esteem. All legislation and other legal documents are translated in different languages.
      • Other initiatives that will continue in the Department include translation of information materials, particularly for vulnerable groups. Translation of material into Braille.

26

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NATIONAL POLICIES

2. Medium-Term Strategic Framework

  • The Department is aligned to the following sub-outcomes of the MTSF. Details of each
  • indicator relating to the sub-outcome are provided below:
  • Sub-outcome 1: Reduced levels of contact crime
  • Conviction rate in sexual offences;
  • Conviction rate for trio crimes (robbery at residential premises, robbery at business premises and or vehicle robbery / car hijacking)
  • Sub-Outcome 2: An Efficient and Effective Criminal Justice system.
  • The Department will support this outcome through the following:
  • Establishing a CJS Business Plan (2014-2019) aligned with Departmental Strategic Plans / APPs
  • Reducing the number of criminal cases on the backlog roll
  • Finalising  KPI Measurement System for the Criminal Justice System (CJS)

27

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NATIONAL POLICIES

2. Medium-Term Strategic Framework

  • Sub-outcome 4: Secure cyber-space
  • The Department will support this sub-outcome through the following:
  • Preparing a Cyber-Security Bill for discussion in 2014/15
  • Implement training on cyber-crime, beginning in 2014/15
  • Sub-outcome 7: Corruption in the public sector reduced
  • Reviewing anti-corruption and money-laundering legislation
  • Concluding bilateral agreements with other countries in respect of criminal matters

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • Transformation of State Legal Services
  • The Transformation of State Legal Services forms part of on-going initiatives aimed at transforming the administration of justice broadly. In particular it is aimed at addressing the apparent lack of effective coordination of legal services that has led to a number of operational challenges experienced across government, which include the following:
  • Prescription of claims involving government;
  • Default judgments granted against government;
  • Lack of monitoring systems over the work and outputs of attorneys and advocates;
  • Inconsistency in the determination of counsel fees; and
  • Low success rates in cases against the State.

....cont’d

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • Transformation of State Legal Services
  • Cabinet has approved a Framework for the Transformation of State Legal Services to address the above challenges.
  • The implementation of the Policy Framework will also go a long way in responding to general outcry within the profession that Previously Disadvantaged Individuals (PDIs) are not given briefs commensurate with transformational objectives.
  • As part of these transformation initiatives, amendments to the State Attorney Act 1957 have been passed by Parliament, and this gives the Department an opportunity to establish a position of a Solicitor-General who will represent the state in all civil litigation.

30

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • Transformation of the Judicial System and the role of the Judiciary in the developmental South Africa
  • The Human Sciences Research Council (HSRC), in partnership with the University of Fort Hare (UFH), was awarded a tender to undertake an assessment of the impact of the decisions of the Constitutional Court and Supreme Court Appeal on the lived experiences of South Africans.
  • The objective of the study is to establish the extent to which jurisprudence from our highest courts have contributed to the advancement of the ideals of the Constitution as envisaged in the National Development Plan. The outcome of the assessment is geared towards the development of a comprehensive programme of action aimed at overcoming challenges confronting the transformation of society. This include the capacity of the State in implementing court decisions.
  • A preliminary report which was received by the Department on 31 March 2014, outlines the research methodologies to be used, the thematic structure of the study research and identifies certain landmark socio-economic decisions which would be the subject of the assessment. A comprehensive interim report is due by 31 July 2014 and a final report is due by the end of March 2015.

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • c. Blueprint on the transformation of the Lower Courts and court administration
  • Repeal of the Magistrates Courts Act
  • A Blueprint to guide the overhaul of the out-dated Magistrates’ Court Act of 1944 (Act No. 32 of 1944) is being developed. The Blueprint will mirror the Superior Courts Act which was passed by the fourth democratic Parliament to repeal the Supreme Court Act of 1959.
  • It is anticipated that the envisaged Act which will accelerate the transformation of the Lower Courts will be finalised during the term of this administration.
  • Development of a court administration model suited to the Constitution
  • Simultaneous with the development of a Blueprint on Lower Courts the department will develop a broad framework that will guide the form and structure of the Bill that will seek to introduce an autonomous court administration suited to the requirements of the Constitution
  • The contemplated Framework, which the Minister plans to submit to Cabinet soon, will constitute the basis for consultation with the Judiciary before the drafting of the required Bill gets underway.

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • d. Insolvency Policy
  • In addressing the economic transformation of the insolvency industry, it became imperative to develop a policy focusing largely on the appointment of practitioners who are used as service providers in managing insolvent estates. This policy promotes consistency, fairness, transparency and the achievement of equality for persons previously disadvantaged by unfair discrimination.
  • Progress regarding this policy is as follows:
  • The Policy was published in Government Gazette No 37287 dated 7 February 2014.
  • The implementation date of the policy was determined as 31 March 2014 but has since been interdicted pending the finalisation of the court case.

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • Legal Practice Bill
  • The key objective of the Legal Practice Bill is to rationalise various pre-1994 statutes which still regulate the legal profession in different parts of the country.  A single statutory structure is envisaged to regulate all legal practitioners.   The Bill will not only enhance access to the legal profession for aspirant lawyers, but will also enhance access to legal services, impacting positively on access to justice.
      • A significant milestone was achieved in March 2014 when Parliament passed the Legal Practice Bill.
      • The Bill is awaiting the President’s assent.
      • A project office is being established to oversee the implementation of the bill.

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • Criminal Law (Forensic Procedures) Amendment Actno 2013
  • Parliament passed the Criminal Law (Forensic Procedures) Amendment Act, otherwise known as the DNA Act. This legislation will support the strategic objective of contributing to the successful prosecution of crimes through specialized investigations, thereby increasing the detection rate of priority crimes.
  • g. Amendments to the Schedule to the Drugs and Drug Trafficking Act of 1992
  • The Amendment to this act was initiated to address the surge in new narcotic substances which are being synthesized and not covered by the Act, particularly nyaope/wunga.
  • In the light of these amendments, even if the individual chemicals in a mixture cannot be identified separately, a person can be prosecuted in terms of these amendments, if the substance is similar or gives similar effects to the already listed substances on Schedule 2.
  • The amendments took effect from the 28 March 2014.

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • h. National Action Plan on crimes against the Lesbian, Gay, Bisexual, Transgender and Intersex(ed) (LGBTI) community
  • During March 2011, Minister of Justice and Constitutional Development mandated the establishment of a National Task Team (NTT), with the aim of developing a National Intervention Strategy that will address so-called “corrective rape” and other forms of violence against LGBTI persons.
  • During 2013/14, officials from 8 departments, chapter 9 institutions and civil society developed the following documents:
  • The Terms of Reference of the National Task Team;
  • The Terms of Reference of the Rapid Response Team;
  • The National Intervention Strategy; and
  • An information pamphlet on Frequently Asked Questions regarding LGBTI persons.
  • For the 2014/15 financial year:
  • The Rapid Response Team will continue with co-ordination between stakeholders to ensure speedy finalisation of cases.
  • A draft Hate Crimes Policy Framework is expected to be released for public comment

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NATIONAL POLICIES

3. Update on existing policies and related initiatives

  • i. National Action Plan to Combat Racism, Racial Discrimination, Xenophobia, and Related Intolerance (NAP).
  • The draft NAP was presented to various government clusters and finally submitted in February 2013 to the JCPS Cabinet Committee for approval to commence with public consultations. Approval was granted by Cabinet for the commencement of the public consultation process on the NAP in March 2013.
  • The DoJ&CD has commenced with a process of planning public consultations with stakeholders who were involved in the development and finalisation of the NAP.
  • Sectoral engagements will be conducted with Chapter 9’s, business, labour, media, civil society organisations, legal and sports and other sectors.
  • A national conference to inform the public about the government’s process of intervention in addressing all scourges of racism, xenophobia and related intolerance will be held .

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CHANGES TO CURRENT PLANS
  • Inputs taken into account in establishing Departmental Plans
  • During the process of revising the Strategic Plan and the Annual Performance Plan, the following were taken into consideration:
  • The National Development Plan( NDP)
  • The Medium-Term Strategic Framework
  • Policy guidance from the Minister and Deputy Minister;
  • The centrality of the public as consumers of our services (Batho Pele);
  • Available resources;
  • Dedicated focus on improved organisational performance;
  • Needs of our partners to enable them to perform their functions (Prosecution and the Judiciary);
  • Guidance from stakeholders such as the Auditor-General, National Treasury, Department of Performance Monitoring and Evaluation, and the Portfolio Committee; and
  • Resolutions taken by the executive management during the strategic planning session of the Department.

40

changes in the current plans
CHANGES IN THE CURRENT PLANS
      • 2. Key changes made:
  • Inclusion of IJS-related indicators under Programme 5 (Ref: Programme 5), which focus on the finalisation of the CJS performance dashboard and finalisation of the Department’s ICMS integration.
    • b) Inclusion of indicators in line with the NDP and MTSF, which focus on usage of audiovisual remand systems and addressing delays in finalisation of court cases.
    • c) Inclusion of 2 indicators under the objective: Finalisation of the recommendations of the Truth and reconciliation commission, focusing on exhumations and community rehabilitation.
    • d) Inclusion of an indicator under the objective on improved human resource service (Number of policies and legislation assessed for gender equality).
    • e) Inclusion of 4 indicators under the objective: Promote constitutional development and strengthening of participatory democracy to ensure respect for fundamental human rights.

41

changes in the current plans1
CHANGES IN THE CURRENT PLANS
  • Key risks identified
  • Issues relating to the Occupation Specific Dispensation (OSD) are in the process of getting resolved, however, certain areas of the Department, such as the Chief State Law Advisor, cannot fill certain posts and run the risk of service disruptions
  • The migration of certain functions to the Office of the Chief Justice during the 2014/15 financial year will have an impact on the operations of the Department as a whole. There is a certain level of uncertainty regarding its impact, however, ongoing communication and consultation will assist this process;
  • The dependence on the Department of Public Works for implementation of funded capital projects means the Department cannot always finalise projects as planned. This is further complicated by the increases in construction and material costs, making projects more expensive than initially planned.
  • Despite efforts to address challenges with the SITA management, there are still risks of delays in implementation of key ICT-related projects.
  • There is an ongoing challenge of service delivery protests which often result in damage to state property. Courts and other service points run the risk of service disruptions.
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FUNDING CONSTRAINTS
      • 1. Effect of funding constraints on our mandates
  • A budget has been put in place for implementation of legislation and policies for 2014/15
  • in areas such as:
  • Child Justice Act: R5,2 million (2013/14 spending was R1,8 million);
  • Children’s Act : R3,3 million (20131/4 spending was R1,1 million);
  • Transformation of State
  • Legal Services
  • (Solicitor-General’s Office): R14 million.
  • However, funding constraints do exists, particularly in the following acts:
  • Jurisdiction of Regional Courts Amendment Act;
  • Legal Practice Bill;
  • Protection of Personal Information Act;
  • Older Persons Act;
  • Protection from Harassment Act.
slide44
FUNDING CONSTRAINTS
  • 2. Other areas of funding constraints
  • In an attempt to meet objectives of the Department, there are areas where funding remains constrained. These are:
  • Security in service points and offices (Details under Programme 1);
  • Focus on increasing the number of facilities to improve access to justice (Details under Programme 2);
  • Infrastructure support for the Department and other stakeholders:
  • Increasing the establishment of the lower courts and providing the Judiciary, especially the Magistracy, Legal Aid, Prosecution, SAJEI with tools of trade (accommodation requirements, ICT, library and additional security, and rentals);
  • Enhancing capacity in the State Legal Services, Masters and Safety, Health, Environment, Risk and Quality (SHERQ) and Information Communications Technology (ICT);

....cont’d

slide45
FUNDING CONSTRAINTS
  • 2. Other areas of funding constraints
  • Improving legal capacity within Courts and State Attorneys to improve the performance of core-business in these areas.
  • The impact on staff costs as a result of the Department of Public Service and Administration directives on lower level employees, and the pressure to include staff not covered by the directive remain an area of financial uncertainty and strain.
  • Spending on property leasing due to delays in building.
  • Increased spending on Commissions of Enquiry as a result of time extensions
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FUNDING CONSTRAINTS
      • 3. Under spending in the 2013/14 financial year
  • At the end of the 2013/14 financial year, the Department had an under spending of R475 million, excluding statutory appropriation.
  • The surplus amount represented 4.3% of the final appropriation and is mostly in the area of Integrated Justice System (R120 million) and Building and Fixed Structures (R347.6 million).
  • The under spending on Buildings and Fixed Structures was due to non-performance of contractors, late hand over of site to the contractor as well as the late completion of tender documents for the projects. The under spending on IJS was due to delays in procurement processes.
  • This budget was ring-fenced and could not be transferred to other pressing areas. However, National Treasury was requested to roll back the surplus capital expenditure into the 2014/15 financial year.
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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

  • PURPOSE
  • The purpose of this programme is to manage the Department, develop policies and strategies for efficient administration of justice and provide centralised support services.
  • OVERVIEW
  • The following key areas in this programme will be discussed:
  • Running a better administration to achieve an unqualified audit;
  • Fighting fraud and corruption;
  • Implementation of key ICT projects;
  • Improvement in HR management and development;
  • Finalisation of the Truth and Reconciliation Commission (TRC) recommendations; and
  • Implementation of the Service Charter and related projects.
  • Administration of the implementation of the Promotion of Access to Information Act (PAIA) of 2000
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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

1. Increase Compliance With Prescripts For Good Governance

One of the 3 key priorities of the Department was to improve accountability by achieving a “No Audit Qualification” on Vote Account in 2012/13 and put effort to sustain this through subsequent years;The focus in the subsequent financial years, will be to address issues identified in the Third Party Funds.

b) During 2011/12 financial year, the department introduced an audit action plan as part of its plan. With this initiative, all findings either raised by Internal Audit or external Auditors during the preceding financial year are monitored monthly through the Executive Committee with the aim of ensuring that all finding are addressed in the financial year. The monitoring of the findings will still continue in the 2014/15 financial year;

c) In addition, performance of funds under management, such as the President’s Fund, Guardian’s Fund and CARA remains an important consideration by the Department. In the MTEF period, the Department aims to manage all funds (including the Criminal Assets Recovery Fund).

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

1. Increase Compliance With Prescripts For Good Governance (continued)

d) Specific initiatives will continue to be rolled out in 2014/15 to move the Department towards an unqualified audit, and these include:

Address the remaining Third Party Funds challenges ;

Ongoing strengthening of systems, procedures and capacities to sustain the unqualified audit opinion received in 2012/13.

Finalise legislation pertaining to reporting arrangements of the NPA, SAJEI, Third Party Funds (Justice Administered Funds) and Criminal Asset Recovery Fund.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

2. Fighting Fraud And Corruption

The Department will continue with the three-pronged strategy of fighting corruption, i.e., staff awareness initiatives, improved finalisation of forensic investigations and vetting of key staff members.

Awareness and training sessions

36 awareness sessions in 2012/13 and 50 in 2013/14 were completed in conjunction with Justice College. A total of over 3000 officials which include senior managers, supervisors, court managers and EXCO members attended these courses during the same period. Officials targeted for this initiative are mainly from supply chain and court management.

For 2014/15 financial year, 40 further awareness sessions are planned.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

2. Fighting Fraud And Corruption (continued)

b) Vetting:

As at the end of 2013/14,145 SMS members either had a vetting certificate or their completed vetting forms submitted to the National Intelligence, against a total of 170 SMS members employed by the Department

During 2014/15 financial year, the Department planned that 160 senior managers will complete their integrity competence assessments (Vetting forms).

Although all officials go through a vetting process, special areas of emphasis are on supply chain and SMS officials.

c) Forensic Investigations (Corruption, fraud, theft and maladministration)

In 2013/14 financial year, the Department finalised 240 of 264 (91%) received new forensic investigations and all (24) older forensic cases that were carried over from the previous financial years.

For 2014/15, the target finalisation rate for forensic cases is 70%.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

  • 3. Information and Communication Technology
    • The Department recognises the use of Information and Communication Technology (ICT) as a strategic resource and an enabler to function more effectively and efficiently, in line with the objective of improving internal operations and service delivery. In this regard, the Department prioritised the development and implementation of ICT solutions in the key strategic areas, such as:
    • Implementation of integrated case management systems (ICMS) for effective management of cases and improved service delivery. For the next MTEF period this includes:
  • ICMS Civil: Lower Courts;
  • ICMS Masters Deceased Estate system; and
  • ICMS Third Party Funds
  • ICMS Deceased Estates and Trusts
  • Roll-out of Sexual Offences Court systems
  • Roll-out of electronic funds transfer (EFT) systems
    • b) Implementation in support of the Integrated Justice System:
    • Integration between DOJCD ICMS systems and SAPS’s CAS system for sharing of docket information
    • (Details of these systems are detailed in Programme 2 and 3)
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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

  • 3. Information and Communication Technology
    • With regards to IT governance, the department has achieved the following:
    • Following the establishment of an ICT operating model and the ICT Governance Policy Framework and Charter during the 2012/13 financial year, the emphasis for the 2013/14 was on the implementation phase.
    • Key achievements involved the approval and implementation of 4 committees, 7 framework and policy documents and establishment of 4 roles within ICT governance.
    • The Department of Public Service and Administration considers the DOJCD experience in ICT Governance as best practice and has shared it with the entire public service.
    • For the 2014/15 financial year, the Department will continue to ensure effective management
    • of the systems that have now been set up.
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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

4. Human Resources Services

Filing of vacancies

As at the end of 2013/14 financial year, the Department achieved an average vacancy rate of 10%.This target has been achieved ahead of the public service deadline of 2014.

3 strategic senior management positions were filled during 2013/14 financial year. Those were Deputy Director-General Corporate Services, Chief Financial officer and Deputy Director-General: Legislative Development. Two of these positions were filled by women adding women representative at the executive level and also enhancing the department s commitment to gender equality.

The Department plans to maintain the vacancy rate of 10% over the MTEF period given the current budget cuts.

.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

4. Human Resources Services

b) Misconduct cases

As at the end of 2013/14 financial year, 304 were finalised out of 471 misconduct cases, while 171 were not yet finalised. Finalised cases therefore translated to 65% of the total, against the target of 50% for the year;

176 (60%) of the case finalised resulted in dismissals, final warnings and suspensions;

For the 2014/15 financial year, a target of 55%* finalisation rate has been set, taking into account resource availability. This target is expected to reach a target of 65% over the MTEF period.

*Target under review following the final year performance

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

4. Human Resources Services

c) Grievance cases

At the end of 2013/14 financial year, 600 cases out of 704 cases received had been finalised translating into 85% of cases finalised, against an annual target of 40%;

Out of 502 grievance cases recorded, 427 involved problems relating to performance assessment, salary and unfair labour practice;

For the 2014/15 financial year, a target of 44*% finalisation rate has been set.

*Target under review following the final year performance

.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

4. Human Resources Services

d) Training

As at the end of the 2013/14 financial year, the number of people trained by the Department through Justice College, in line with strategic objectives, is 5358 against the target of 5000 set for the 2013/14 financial year;

Repositioning of the Justice College (currently underway) will assist the Department to reposition the College as a key provider of training within the Department.

For the 2014/15 financial year, 6000 people are targeted for training.

.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

5. Truth And Reconciliation Commission

Individual Reparations

Of the 16837 TRC-identified beneficiaries that applied and were approved for individual reparations, only 12 beneficiaries are still to be paid.

Payment of the 12 beneficiaries who applied are currently being processed by the President’s Fund Office.

13 beneficiaries have been declared untraceable. Four of these have last known addresses within the RSA borders, whilst nine are believed to reside in foreign countries.

TRC identified victims assisted

Although the regulations have not been approved 69 applicants from TRC identified victims and or their dependents were assisted as follows:

51 TRC-identified victims and/or their dependants were assisted with tertiary education bursaries through the National Student Financial Aid Scheme (NSFAS),

14 learners were assisted with letters of recommendation in respect of the exemption of school fees.

4 victims were referred to the Department of Health for assistance regarding their medical needs

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

5. Truth And Reconciliation Commission

b) Regulations

During the 2013/14 financial year, 2 regulations on basic and higher education were approved by the minister and submitted to the Presidency for consideration.

Regulations on Medical benefits were not finalised due to the need to amend the National Health Act of 2003 to cover the TRC identified victims.

With regard to community rehabilitation, the Department formally engaged IDT to conduct needs analysis and assist with project management. The process has started with consultations in Mamelodi, Alexander, Bhambayi, Mphopheni, Tumahole and Machabeng. Development of regulations will follow and thereafter implementation will begin.

Two new indicators were included in the plan: number of handover ceremonies for people whose remains have been exhumed and number of needs analysis completed in TRC-identified communities for purposes of community rehabilitation.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

  • 6. Service Charter and Customer Service
  • Service Charter and Standards
  • The Department finalised Service Delivery Improvement Plans in the Masters and Maintenance areas in 2012/13. Implementation progress has been monitored quarterly since 2012/13 (2nd quarter).
  • During the same period, the following were done:
    • Development and accreditation of Learning materials to facilitate implementation of service standards.
    • Distribution of Service Charter Posters to all service points
    • Development and translation of service standards booklets to all official languages and distributed to all Regions.
  • For the 2014/15 financial year:
  • Translation of the Service Charter into Braille will be initiated
  • A new indicator for reporting against the percentage of service standards in the SDIP implementation has been introduced.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

6. Service Charter and Customer Service

Presidential Hotline

The Department received 1147 Presidential Hotline cases during 2013/14 and 85% thereof were resolved. This brings the total number of cases received since September 2009 to 4833 and an overall resolution performance of 94.27%.

Most of the cases received were mainly related to Appeals (highest at 66%), Maintenance, Civil, Trials and Estates. Majority of the cases received are related to request for feedback/ follow-up on progress regarding the appeals process.

For 2014/15, the Department planned to complete 87% of all Presidential Hotline cases received.

.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

  • 6. Service Charter and Customer Service
  • For the 2014/15 financial year the following activities will be undertaken:
  • Customer satisfaction survey
  • The department has initiated a process to determine satisfaction levels with regards to the
  • Presidential Hotline. The approach was tested and a full study will be embarked upon in the
  • 2014/15 financial year.
  • Complaints management
  • The department, in view of the complaints received throughout the Department, has
  • developed an Integrated Complaints Management framework that is aimed at streamlining
  • the recording, management and reporting of complaints. Guidelines are being developed to
  • facilitate implementation of the Framework.

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STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

  • 7. Implementation of PAIA
    • The Department of Justice and Constitutional Development is responsible for the administration and coordination of the Promotion of Access to Information Act, 2000 (PAIA) and PAJA), Promotion of Administrative Justice Act, throughout the various spheres of government.;
  • In line with the Government and Administration Cluster under the Outcome 12 delivery agreement, the level of compliance has to be monitored, and hence the introduction of the indicator percentage of compliance with PAIA by DoJ&CD.
  • During 2013/14 financial year, a total of 253 requests were finalised within 60 days translating to 55%. For 2014/15 financial year, the target for the same indicator has been set at 75%
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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

PURPOSE

The purpose of this programme is to facilitate the resolution of criminal, civil and family law disputes by providing accessible, efficient and quality administrative support to the courts and by managing court facilities.

OVERVIEW

The discussion focuses on the key areas of this programme, namely:

1. Case finalisation and service delivery,;

2. Access to justice;

3. Protection of vulnerable groups, and

4. Constitutional advocacy.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

1: Case Finalisation And Service Delivery

Part of the core function of the Department is the facilitation of finalisation of cases, and the key focus areas are:

Facilitation of finalisation of criminal cases;

Support in finalisation of family law cases;

Finalisation of quasi-judicial services; and

Reintroduction of dedicated sexual offences courts.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

 1. Case Finalisation And Service Delivery

a) Case Backlog Project

The Department, jointly with the NPA and members of the Judiciary have since 2006 implemented a case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts.

At the end of March 2014, there were only 27 582 backlog cases representing 15.1 % of the outstanding roll of 182 979 cases. This comprises a reduction of 11.18% (3 472 cases) from the 31 054 backlog cases at the end of March 2013.

The 2014/15 MTSF target for case reductions is 26 650, whilst the 2018/19 target is 21795. The monitoring of the cases will change in 2014/15 from input from manual NPA system to input via ICMS Criminal.

To sustain the backlog reduction initiatives which are based on improved capacity, the backlog courts are being converted into permanent courts. 40 such courts were converted during 2013/14 and the other 40 backlog courts will be converted over the financial cycle.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 1. Case Finalisation and Service Delivery
  • Resolving Family Advocate cases
    • The objective of the Office of the Family Advocate is to mediate where there are disputes in family law matters in order to protect the interests of the minor children;
    • Although the legislation requires that all cases of children should be mediated, a target of 15% was set for the 2013/14 financial year, based on the performance of the 2012/13 financial year. For 2013/14, performance was improved to 28% of cases having been mediated, which was due to increased capacitation within the office.
    • Similarly, performance on the filing of court reports within 15 days of completion of a matter achieved an 82% of matters finalised against a target of 50%.

...cont’d

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 1. Case Finalisation and Service Delivery
  • b) Resolving Family Advocate cases
  • During the 2013/14 financial year, 7 new Family advocate offices were established in Welkom, Palm Springs, Sibasa, Vossman, Upington, Rustenburg, and Michells Plain. The establishment of these offices will go along way in assisting provinces such as Limpopo where previously they had one office to serve a whole province with between 3 and 4 advocates per office.
  • Establishment of these sites was necessitated , firstly, by the increase in workload as a result of the Civil Jurisdiction Act that designated magistrate courts to handle divorce matters. Secondly, mediation services for families are now mainly handled by the Chief Family Advocate and less in the Department of Social Development.
  • For the 2014/15 financial year, the following indicators will be monitored:
    • “Percentage of non-litigation family law matters finalised; with a target of 20%*;
    • “Percentage of family advocates court reports filed within 15 days of completion of
    • enquiry”; with a target of 70*%.

*Target to be increased – based on improvement in performance at year-end

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 1. Case Finalisation and Service Delivery
    • c) Improving quasi-judicial services
  • In support for improving service delivery within the Department, quasi-judicial services led by the DOJCD staff need to continue to form part of this important initiative;
  • Two services, default judgments by the Clerks of Court and taxation services have been included in the Departmental APP.
  • For 2014/15, the targets for default judgments by the clerk in district courts and unopposed taxations are 60% while the target for unopposed tax targets was set at 70%.
  • During the 2014/15 financial year, efforts will be focused on improving the alignment of information on case registers and source documentation in order to get a better-supported performance report;
slide71
STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 1. Case Finalisation and Service Delivery
    • Audio visual remand system and postponement of cases
  • This system has been rolled out to 47 Magistrates Courts linked to 21 Correctional Facilities. During 2013/14 financial year, 9068 criminal cases were remanded via the use of this system. The department plans to continue to roll out the system to additional identified courts and linked correctional facilities in 2014/15 financial year . The target for the number of cases postponed via the AVR was set at 8000* per annum.
  • The target percentage of all cases postponed due to court administration staff was set to less than 10%. The monitoring hereof includes matters postponed due to the unavailability of an interpreter and the Court recording system operator.

*Target to be increased – based on improvement in performance at year-end

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 2. Access To Justice
  • A number of initiatives to improve access to justice have been undertaken through the MTEF periods, and are consistent with the NDP, even though they commenced well before the plan. These include the following:
  • Conversion of branch courts into full-service courts
  • Out of the 90 branch courts identified for conversion into full-service courts, 29 have already been converted. The department planned to convert 4 courts into full service courts over the MTEF in line with available funds.
  • b) Alignment of magisterial districts to municipal boundaries
  • The project to align all magisterial districts and municipal boundaries has been progressing well, with major activities focused on consultation with different communities. During the previous financial year, the department aligned 36 magisterial districts to Municipal boundaries. The department planned to align 50 magisterial districts to municipal Boundaries over the MTEF period
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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

2. Access To Justice cont.

c) Establishment of Small Claims Courts

As at the end of the financial year, 293 Small Claims Courts have been proclaimed and 35 were established from 1 April 2013 to 31 March 2014.

Small Claims Courts established during the 2013/14 financial year

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

2. Access To Justice cont.

c) Establishment of Small Claims Courts

Two provinces, Gauteng and Mpumalanga are fully compliant and the other provinces are working towards ensuring that all their magisterial districts have Small Claims Courts.

The department aims to establish an additional 93 small claims courts over the MTEF period which will lead to 1 small claims court in each of the 387 current magisterial districts.

During the first 100 days of the new administration at least 10 new SCCs will be established.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES (continued)

  • 2. Access To Justice
  • Building of courts
  • In 2013/14 financial year, two courts under construction were South Gauteng High Court (refurbishment) and the Polokwane High Court.
  • During the same period, the Kagiso magistrate court was completed. Since 1994, the department has built 45 courts mainly in rural areas and historically disadvantaged townships
  • A summary of the infrastructure plan follows.
major projects undertaken in 2014 15
Major Projects Undertaken in 2014/15:

STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

2. Access To Justice

*

mtef capital expenditure project list
MTEF Capital Expenditure Project List

STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

2. Access To Justice

slide78
STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

3: Protection Of Vulnerable Groups

3.1 Improved delivery of Maintenance Services

The Department plans to make a major impact in the turnaround time of granting maintenance orders. According to the pilot undertaken in 2013/14, 63% of maintenance orders were granted within 90 days after successful application. The department plan to rollout the system to additional identified courts in 2014/15.

The Department further monitored maintenance mediation cases within the 9 pilot sites and results show that 65% of cases were mediated within 90 days. Improvements in the turnaround times and in monitoring performance will continue in the 2014/15 financial year.

The ICMS Maintenance Courts system is being piloted at the 9 identified courts, in line with the Department’s Maintenance Turnaround implementation roadmap. This system will be further implemented during the 2014/15 financial year.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

3: Protection Of Vulnerable Groups

3.1 Improved delivery of Maintenance Services

c) 4 Public education sessions were held on maintenance services. In Limpopo, 618 people were reached, while in KZN, 436 people attended the session. In EC, 363 people attended the event, while in Mpumalanga, 460 people were reached. At all these public outreach events, a total of 1 877 community people were reached.

d) The Department had more than R3m of unclaimed maintenance funds nationally. In Feb 2013, a radio advert campaign was held in 65 community radios nationwide and as at 31 Mar 2014, R1 707 403.50 was paid out.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 3: Protection Of Vulnerable Groups
  • 3.2 Third Party Funds
  • During the last two financial years, there was a great improvement in the utilisation of electronic payment system. These resulted in in the improvement of service delivery in the Guardian Fund offices by reducing turnaround times as well as ensuring that beneficiaries save on transport costs and reduce the risk of theft.
  • The use of the EFT system has also cut the payment turnaround time of 4 days of allocation by courts . A total of 391 courts currently make used of the TPF EFT system.
  • 98% of maintenance payments are made via EFT.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 3: Protection of Vulnerable Groups
  • 3.3 National Register for Sex Offenders
    • The National Register for Sex Offenders (NRSO) functions as the primary source for the sex offender’s statistics against children and mentally disabled persons within the Department of Justice and Constitutional Development.
    • The Integrated Case Management System for the National Register for Sex Offenders (ICMS NRSO) not only collects, analyses, and disseminates information on sexual offences against children and mentally disabled persons, it also regulates the manner in which sexual offences matters and the exchange of data must be handled between stakeholder Departments.
    • As at 31 March 2013, the registrations increased 15 452, with a total of 11 545 cases registered in 2013/14 financial year alone.

...cont’d

strategic objectives
STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

3: Protection of Vulnerable Groups

  • There are still difficulties with gathering and cleaning historical convictions due to the fact that keeping details of victims was not a legislative requirement in the past.
  • The collation of historical data has commenced, and from the 20 376 possible historic convictions received from SAPS in 2013/14, 8 376 were successfully registered.
  • For the 2014/15 financial year, 12 000 convictions are planned to be manually verified at courts.
  • With regards to the merging of registers, Inter-departmental Task Team between the DOJCD and the Department of Social Development (DSD) are continuing to explore the possibility of merging or assimilating the two registers.
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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

3: Protection Of Vulnerable Groups

3.4 Reintroduction of Sexual Offences Courts

Following the resource audit by the Ministerial advisory task team on sexual offences, 57 regional courts were identified for establishment as specialised sexual offences.

9 were identified for completion in 2013/14 financial year. However, an additional 13 court rooms were delivered

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

3: Protection Of Vulnerable Groups

3.4 Reintroduction of Sexual Offences Courts

Following the resource audit by the Ministerial advisory task team on sexual offences, 57 regional courts were identified for establishment as specialised sexual offences courts over a period of 3 years commencing in Aug 2013/14. 9 were identified for completion in 2013/14 financial year. However, an additional 13 court rooms were delivered

For 2014/15 financial year, the department plan to dedicate 12 courts as sexual offences courts.

For 2015/16, 23 court rooms are planned for upgrading.

The Trauma Debriefing programme was successfully piloted to 43 intermediaries, and will be rolled out in 2014/15.

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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 4. Access to Justice and Participatory Democracy Programmes
  • Constitutional advocacy and participation by the community through public policy dialogue is one of the important pillars of our democracy. This is achieved by strengthening community based organisations and promotion of dialogue in communities.
  • During the 2013/14 financial year, the department continued in coordination and facilitation of Access to Justice and Promotion of Constitutional rights programme. The programme has resulted in the following :
    • Access to justice, including restorative justice mechanisms for vulnerable and marginalised groups,
    • Awareness and knowledge of constitutional rights among vulnerable and marginalised groups, and
    • Participatory democracy through public policy dialogues and strengthening the capacity of community-based organisations.
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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

  • 4.2 Access to Justice and Participatory Democracy Programmes
  • For 2014/ 15 financial year, the Department included the implementation of the Strategic Framework on Socio -economic Justice for all (SEJA) programme.The new Sector Budget Support Programme funded by the EU has been finalised and is entitled Socio-Economic Justice For All (SEJA).
  • The programme was designed within the imperatives set out in the NDP 2030 on socio-economic transformation of society. The general aim of the programme is to assist the Government in eradicating poverty, promoting sustainable and inclusive growth and consolidating and improving democratic and economic governance. Specific aims of the programme relate to the discharge of the Department’s key responsibilities in terms of constitutional development and the strengthening of partnerships with civil society.
  • d) The Financing Agreement signed between the EU and the Government of the RSA make provision for sector budget support, the programme will be implemented by the Department in partnership with the Foundation for Human Rights.
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STRATEGIC OBJECTIVES

PROGRAMME 2: COURT SERVICES

4. Access to Justice and Participatory Democracy Programmes

The following indicators were included in the annual performance plan:

Number of activities completed to improve awareness of institutional rights awareness and to enhance participatory democracy;

Number of activities to improve collaboration, sector co-ordination and policy design with respect to the delivery of justice services;

Number of activities completed to improve capacity and engagement of civil society in constitutional rights;

Percentage of complaints received from Chapter 9 Institutions against the DoJ&CD resolved.

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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

  • PURPOSE
  • To provide legal and legislative services to organs of state, supervise the administration of deceased and insolvent estates, as well as the liquidation of juristic persons, registration of trusts and management of the Guardian’s Fund.
  • OVERVIEW
  • The discussion focuses on the following key areas relating to this programme, namely:
  • Masters Services;
  • Litigation and Legal Services;
  • Advisory services through the Office of the Chief State Law Advisor; and
  • Legislative Development;
slide89
STRATEGIC OBJECTIVES

PROGRAMME 1: ADMINISTRATION

1. Masters services

  • Masters Turnaround
  • A focus on the masters turnaround has been on leveraging ICT systems in order to improve service delivery and address the issue of fraudulent transactions. In this regard the following have been achieved:
  • a) Guardians Fund
  • EFT Payout – the EFT system was implemented to enable the faster processing of payments to beneficiaries in their bank accounts. In the period under review, 96% of all payments made to beneficiaries of the Guardians Fund, were done via the EFT system.
  • MOVIT- In order to verify the identity of people making use of Guardians Fund services, the MOVIT system is utilised to perform online identity verification with the Department of Home Affairs. This system has been implemented at all Masters Offices and is being implemented at service points.
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STRATEGIC OBJECTIVES
  • b) Implementation of PEAST and PEAS
  • The Department further implemented a Paperless Estate Administration System (PEAS) in Nelspruit and due to the success of the pilot, PEAS was implemented in other Masters offices in Durban, Johannesburg and Pretoria.
  • During the 2013/14 financial year, the Department rolled out the PEAS to all Master’s offices. And two modules of deceased Estate administration have been developed and rolled out to 15 masters offices. This initiative will allow the practitioners and members of the public to view estate information online, and also improve efficiency and as well as curbing fraud
  • c) Web portal
  • In support of improving efficiency in obtaining access to Masters information, public information is made available via an access controlled web portal.
  • For the period under review, the web portal was accessed at approximately 75,000 times for the purposes of obtaining such information that would have ordinarily been obtained from the Masters Offices.

1. Masters services

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STRATEGIC OBJECTIVES

1. Masters services

  • 2014/15 Targets:
  • In continuing with the implementation of ICT as an enabler to improve Masters Services, the following will be undertaken in the 2014/15 financial year:
  • PEAS and PEAST will be utilised for the registration of all cases.
  • Additional information will be made available via the Web Portal.
  • Intergovernmental information sharing will be implemented (e.g. Home Affairs and SARS).
  • Further modernisation of the systems.
  • Further strengthening of the underlying ICT Infrastructure for the Masters Offices.
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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

2. Litigation And Legal Services

For the 2014/15 financial year, the following will continue:

Increase percentage of briefs to Previously Disadvantaged individuals to 76% (from 75% performance in 2013/14);

Maintain the target for number of cases successfully concluded on behalf of the State at 60%;

Put a policy in place to implement Alternative Dispute Resolution Mechanisms and other initiatives to ensure speedier and cost-effective finalisation of state cases by the end of 2014/15; and

Ensure that 75% of expungement cases are finalised within three (3) months from receipt of complete application (Legal Process).

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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

3. Chief State Law Adviser

The Office of the Chief State Law Adviser provides legal advice, representation and legislative drafting services to the Executive, all state departments at both national and provincial levels, municipalities, parastatals and independent or autonomous bodies that may refer work to it.

During the 2013/14 financial year, the Chief State Law Adviser achieved the following:

Finalised 824 legal opinions of which 621 (75%) were finalised within 20 days from date of entry.

Completed 87 preliminary opinions on draft bills for Cabinet’s consideration of which 58(67%) were completed within 20 days from date of receipt.

Scrutinised 574 bills and other legislative instruments of which 478 (83%) were scrutinised or certified within 25 days.

Finalised 205 translations of which 169 (82%) were finalised within 55 days.

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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

  • 3. Chief State Law Adviser
  • During the 2014/15 financial year, the State Law Adviser will continue to focus on the following:
  • Finalise 65% of legal opinions within 30 days of receipt.
  • Complete 65% of preliminary opinions on draft bills for Cabinet consideration within 40 days.
  • Certify 65% of bills and subordinate legislation within 40 days.
  • Finalise 65% of international agreements and accompanying legal opinions within 30 days.
  • Finalise 75% of translations within 55 days.
  • Targets within this area have been decreased due to performance being affected by vacant LP10 posts that cannot be filled.

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4. Legislative Development

4.1 Bills & Subordinate Legislation

In support of the Department’s strategy of transformation within the administration of justice, the Department reviews existing legislation and introduces new bills. For the 2013./14 financial year the following were achieved:

4 Bills were submitted to the Minister for the purpose of obtaining approval to table them in Parliament:

Legal Aid Amendment Bill

Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Amendment Bill

Magistrates Courts Amendment Bill

Maintenance Amendment Bill

....Cont’d

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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

4. Legislative Development

4.1 Bills & Subordinate Legislation

12 additional Bills, many of them lengthy and complex in nature, including the Legal Practice Bill and anti-trafficking legislation, were enacted by Parliament.

Two significant and historic Bills were also put into operation, namely the Superior Courts Act and accompanying Constitution 17th Amendment Act.

For the 2014/15 financial year, 9 bills are planned for submission to the Minister for the purpose of submitting to parliament.

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PROGRAMME 3: STATE LEGAL SERVICES

4. Legislative Development:

4.2 Research papers

The table shows a list of report papers completed and planned for the 2013/14 and 2014/15 respectively.

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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

4. Legislative Development:

4.2 Rules

c) During the 2013/14 financial year, the Department submitted the following draft rules to the Rules Board for approval, amongst others:

Amendment of High Court Rule 49(11): Suspension of operation of court orders;

Amendment of Rule 13 of the new Magistrates’ Courts Rules through insertion of old

Rule 13(6) providing for the lodgment of original summons and returns of service upon receipt of appearance to defend;

Amendment of Rule 25(3) of the Magistrates’ Courts Rules to allow for notice requiring attendance of parties at a pre-trial conference to be delivered alternatively by fax or email, in addition to manual or postal methods;

Amendments to forms contained in Annexure 1 of the Magistrates’ Courts Rules relating to substance and/or grammar;

Assessor’s fees increase: Table D of Magistrates’ Courts Rules; and

Draft Rule Amendment of High Court Rule 46(3)(b): service of notice of attachment upon registrar of deeds by registered mail

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STRATEGIC OBJECTIVES

PROGRAMME 3: STATE LEGAL SERVICES

  • 4. Legislative Development
  • 4.3 Rules
  • The following rules are planned for review during the 2014/15 financial year:
  • Amendment of High Court rule 68: sheriffs' tariff of fees, and its Magistrates' Courts equivalent;
  • Amendment of High Court Rule 69, and its Magistrates' Courts equivalent:
  • Draft tariff of fees for Advocates for taxation;
  • Review of High Court Rule 46: including service of conditions of sale, reserve price, repeal of Form 21 and provisions to protect judgment debtors;
  • Review of PAIA Rules;
  • Amendments to High Court rules 31 and 42: rescissions of judgments by consent;
  • Amendment of Rule 26 and Form 24 of the Magistrates' Courts: subpoenas; and
  • Amendment of High Court rule 70: attorneys' tariff of fees, and its Magistrates' Courts equivalent.
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STRATEGIC OBJECTIVES

PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES

PURPOSE

The purpose of this programme is to provide a variety of auxiliary services associated with the Department and to fund transfer payment to South Africa Human Rights Commission, the Office of the public Protector, Legal Aid South Africa, the Special Investigation Unit, the represented Political Parties’ Fund and the President’s Fund. Included under this programme is funding for the Integrated Justice System, on behalf of the JCPS departments and entities.

OVERVIEW

The discussion under this programme will focus on the implementation of the Intergrated Justice System in line with the National Development Plan and the Medium Term Strategic Framework .

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STRATEGIC OBJECTIVES

PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES

  • 1. Implementation of the Integrated Justice System in line with the NDP
  • The CJS Modernisation Programme
  • The Integrated Justice System (IJS) Programme remains vital in the modernisation journey of the Criminal Justice System (CJS). The Cluster has identified 5 integration priorities. The following priorities together with the necessary building blocks then became the focus of the IJS Board in the medium term:
    • Establishment of a single person identifier across the Criminal Justice System (CJS)
    • Integrated CJS performance information dashboard (28 Key Performance Indicators or KPI system);
    • Integration of the departmental case related systems
    • Development and rollout of the Person Identification Verification Application (PIVA)
    • Establishment of a single data store for the JCPS cluster for statistical purposes

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STRATEGIC OBJECTIVES

PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES

  • 1. Implementation of the Integrated Justice System in line with the NDP
  • The CJS Modernisation Programme
  • Key achievements in 2013/14 financial year include the following:
  • Case Integration between SAPS and DOJ&CD was further rolled out to 360 additional Courts linked to 509 Police Stations across all 9 provinces bringing to 380 courts linked to  608 Police Stations across all provinces to date.
  • The first 9 of the 28 KPI’s were planned to be rolled out, however the SITA support team to SAPS in terms of the Service Level Agreement was extremely under capacitated and thereby hampered timeous implementation of the project plan. The solution is now planned for rollout in the financial year 2014/15.
  • The IJS Data Warehouse has been successfully developed and tested within the IJS Traversal infrastructure environment, and will be used for the roll out of the first 9 of the 28 KPI Dashboard.

....cont’d

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STRATEGIC OBJECTIVES

PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES

1. Implementation of the Integrated Justice System in line with the NDP

The CJS Modernisation Programme (continued)

The IJS Programme Management Office has been established within the DOJCD to further strengthen the Project Management capability and to ensure best practice project management methodologies are deployed.

With regard to development of the Person Identification and Verification Application (PIVA), certain business requirements were reviewed after it was deployed and piloted in two pilot sites at Cullinan and Mamelodi Police Stations.

Upon successful piloting of the second iteration, the system will then be gradually deployed to other SAPS sites throughout the 2014/15 financial year

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STRATEGIC OBJECTIVES

PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES

1. Implementation of the Integrated Justice System in line with the NDP

For the 2014/15 financial year, the following indicators were included in the annual performance Plan:

Fully complete the CJS system performance dash board;

Full complete the ICMS outcome;

Fully complete the IJS programme Management Framework and Methodology;

In addition to the above targets, the IJS Project management office also intends to be fully capacitated by filling all the available vacant positions.

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CONCLUSION

The Department has aligned the Annual Performance Plan for 2014/15 with both the NDP and the MTSF. In line with directives, the Department will prioritise this work.

In addition, the Department will broadly continue to deliver on our legislative mandates. In particular, area of emphasis will be on:

Implementing a plan to make improvements in work done through State Attorneys;

Build capacity in the form of people and systems to improve service delivery where needed;

Ensure discipline within the Department and fight fraud and corruption.

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ANNEXURES

Annexure 1: Indicators and Target in the Annual Performance Plan 2014/15

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INDICATORS AND TARGETS

PROGRAMME 1: ADMINISTRATION

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*Targets within this area have been decreased due performance being affected by vacant LP10 posts that cannot be filled

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*Targets within this area have been decreased due performance being affected by vacant LP10 posts that cannot be filled

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