ANNUAL REPORT 201112 AND BUDGET RECOMMENDATIONS Portfolio Committee

ANNUAL REPORT 2011/12 AND BUDGET RECOMMENDATIONS Portfolio Committee on Justice and Constitutional Development 17 – 19 October 2012

CONTENTS 1. Introduction 2. Organisational Context 3. Overview of Departmental Performance 4. Overview of Budget And Audit Outcomes 5. Programme Performance 5. 1 Programme 1: Administration 5. 2 Programme 2: Court Services 5. 3 Programme 3: State Legal Services 2

1. INTRODUCTION Vision A transformed and accessible justice system which promotes and protects social justice, fundamental human rights and freedom. Mission We commit to provide transparent, responsive and accountable justice for all. Principles And Values: 1. Commitment to Constitutional Values and a Culture of Human Rights; 2. Batho Pele; 3. Good Governance; 4. Ubuntu; 5. Professionalism and Continuous Improvement; and 6. Open Communication. 3

1. INTRODUCTION Strategic Goals The Department of Justice and Constitutional Development (Do. J&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy. In promoting this, the Department continued in the period under review with the pursuit of the following strategic goals: 1. Increased accountability, effectiveness and efficiency of the Department of Justice and Constitutional Development. 2. Improved effectiveness and efficiency in the delivery of Justice services. 3. Transformed legal services to protect and advance the interests of government and citizens and promote Constitutional Development. 4. Effective coordination of the JCPS cluster in the delivery of outcome 3: “All People in South Africa are and feel safe” 4

1. INTRODUCTION Legislative Mandates The department derives its statutory mandate from various pieces of legislation in the form of statutes and subordinate legislation. The following are categories of functions emanating from different legislative instruments that are relevant to the department. These are legislation providing for : 1. The establishment and functioning of superior courts, magistrate’s courts, and specialised courts; 2. The establishment and functioning of bodies and structures responsible for legal aid, law reform; and rules for the courts of law 3. Technical support to Chapter Nine institutions (the Human Rights Commission Act, 1994, and the Public Protector Act, 1994). 4. The appointment of the Master of the High Court and the administration of the Guardian’s Fund, deceased and insolvent estates; 5. The provision of legal advisory services to government; 6. The enforcement of people’s rights (the PAJA, PAIA and PEPUDA); and 7. The protection of vulnerable groups (the Child Justice Act, 2008, Sexual Offences and Related Matters Amendment Act, Maintenance Act, etc. ) 5

1. INTRODUCTION Policy Developments a) Transformation of State Legal Services i. During the period under review, Cabinet approved broad principles that would underpin the transformation of State Legal Services. The aim of these principles is to overhaul state legal services in order to provide services of the highest standard that protect and safeguard the interest of the state, and advance access to justice for all. ii. The Discussion Document on the Transformation of State Legal Services was released in May 2012 and seeks to solicit comments on all aspects of the transformation of state legal services, which is aimed at aligning our state legal services with the Constitution. iii. The Department is in the process of developing policy and legislative frameworks that will culminate in the establishment of the Office of the State Legal Services. 6

1. INTRODUCTION Policy Developments b) Capacitation of the Office of the Chief Justice (OCJ) The Department has continued to assist the OCJ to enhance the independence of the Judiciary, as intended in the Superior Courts Bill and the Constitution 17 th Amendments. During the period under review, the department assisted the Office of the Chief Justice with the following: 1. The seconding of senior departmental staff to the Office of the Chief Justice; 2. The advertising of senior management posts in line with the structure developed in the previous year; 3. The review of the programme of the South African Judicial Education Institute (SAJEI); 4. The development of plans to support Constitutional Court and Supreme Court of Appeal; and 5. Supporting the Judicial Service Commission and heads of courts. Preparations are continuing to transfer the High Courts to the OCJ on a pilot basis at the beginning of the 2013/14 financial year. Progress on filing of OCJ posts 7

1. INTRODUCTION Policy Developments d) Analysis of judgements by the Constitutional Court and Superior Courts of Appeal The Department issued the Terms of Reference to undertake a comprehensive analysis of the decisions of the Constitutional Court and the Supreme Court of Appeal, in order to establish the extent to which such decisions have contributed to the reform of South African jurisprudence and the law to advance the values embodied in the Constitution; In May 2012, a tender was advertised in the Government Tender Bulletin and bids were received from interested service providers. An update will be provided once due internal processes are completed 8

2. ORGANISATIONAL CONTEXT Turnaround in the administration of the Department During the 2011/12 financial year, a considerable time and effort of senior management invested in turning around the administration of the department towards an unqualified audit opinion on the vote account. This included: a) Identifying systems, people and processes to address the qualification on Third Party Funds. b) Preparing annual financial reports for Third Party Funds and consulting with relevant stakeholders. c) Putting systems in place to identify and manage irregular expenditure. d) Putting systems and processes in place to improve performance information. The improvements in 2011/12 and previous years are shown on the table below. Although this effort will continue in 2012/13, our effort will be balancing systems and controls with performance against predetermined objectives. Auditor-General opinion of the Vote Account over 4 financial years Issue 2008/9 2009/10 2010/11 2011/12 Third Party Funds Qualified Irregular expenditure Qualified Unqualified Assets Qualified Unqualified Leave Qualified Unqualified Leases Qualified Unqualified Performance Information - - Disclaimer Unqualified 9

2. ORGANISATIONAL CONTEXT Turnaround in the administration of the Department i. Improvement in Third Party Funds During the period under review, annual financial statements for Third Party Funds were developed for the 2009/10 financial year. This was the first time such a complex exercise was undertaken. As a result, these statements were delivered to the Auditor-General after the deadline. Despite this exercise, the Vote Account annual financial statements were delivered to the Auditor-General on time. Key initiatives undertaken to prepare these statements included: 1. 2. Extensive consultations with National Treasury, Accountant-General, Auditor-General and the Accounting Standards Board to establish an accounting framework Putting people, systems and processes in place to assist with the identification and accounting of all the transactions undertaken at all courts. In addition, remedial action was taken to ensure that current and future financial statements will meet requirements, and this included: 1. 2. 3. Developing Standard Operating Procedures for management of Third Party Funds Developing and implementing key controls to manage losses and shortages, e. g. Electronic Funds Payments (103 courts completed by 31 March 2012) Extensive training for key personnel at court level Although the Auditor-General issued a disclaimer of opinion on the 2009/10 financial report of Third Party Funds, the department is in the better position to issue improved statements forthcoming years. 10

2. ORGANISATIONAL CONTEXT Initiatives undertaken for the turnaround ii. Irregular Expenditure Historical qualifications on Irregular Expenditure 2009/10 2010/11 Issue Application of inappropriate Completeness of disclosed BEE legislation figures 2011/12 No qualification During the period under review, the following processes were put in place to address the qualifications on irregular expenditure: 1. Tightened controls to identify irregular expenditure, including delegations, systems upgrades to enforce 3 quotations, tax compliance, and others. 2. Implemented remedial action as was needed. 3. Held hearings for offending officials and in some cases recommended further investigation and disciplinary action. 4. Improved our financial reporting An internal controls unit was established to oversee and monitor all processed payment transactions for compliance to applicable financial prescripts 11

2. ORGANISATIONAL CONTEXT Initiatives undertaken for the turnaround iii. Performance Information During the 2011/12, considerable time and effort was invested in implementing the new Framework for Strategic Plans and Annual Performance Plan and addressing audit findings raised in the 2010/11 financial year shown on the table below. Year Performance Audit Outcome Reasons 2010/11 Disclaimer of opinion 1. Usefulness of reported information: Indicators not SMART, Indicators not well-defined 2. Reliability of information Performance of sampled programme not valid, accurate & complete 2011/12 Unqualified opinion with “Other Matters” 1. Usefulness of Information: Unqualified 2. Reliability of information: Unqualified Other Matters: i. Underperformance (20 of 72 indicators achieved) ii. Restatements as a result of the audit process Analysis of performance against objectives 12

2. ORGANISATIONAL CONTEXT Initiatives undertaken for the turnaround iii. Performance Information In the current financial year, the focus was on improving performance, with the following initiatives: 1. Continue with monthly monitoring of performance to ensure that actions are put in place to improve performance 2. Maintain a dedicated team of Internal Audit to identify and help address areas of weakness 3. Build more controls in the processes for collection of source documentation 4. Take action against officials where policies and procedures are not followed 5. Make extra efforts to determine performance targets scientifically and link to budget and resources 6. Take action against officials who do not reach their targets. 13

2. ORGANISATIONAL CONTEXT Major issues that affected the performance of the Department There a number of additional issues that had a major impact in the performance of the organisation in 2011/12. These are: a) Relocation of Masters Offices (Pretoria and Pietermaritzburg) and State Attorneys (Pretoria) to new premises ; b) The preparation for the Commission of Enquiry on Strategic Defence Procurement Packages; d) Delay in the appointment of key top management (DDG Corporate Service, CFO, DDG Constitutional Development) due to insufficient quality of applications received; e) Budget cuts that continue to affect projects; 14

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points i) Court Services: A total of R 4. 2 billion was allocated to the Court Services branch, with the large portion utilised for support in the adjudication of cases. South Africa comprise of 9 provinces with 13 High Courts and 387 magisterial districts, consisting of 766 magistrates courts, comprising: a. b. c. d. 369 main court seats, 92 branch courts, 56 detached offices and 249 periodical courts On a daily basis we have in total approximately 1686 courts in session. Performance of these courts is a joint effort between a number of stakeholders, including cooperation of litigants, prosecution, judiciary, DOJCD officials, health professionals (psychiatrist, pathologists, toxicologists etc), social workers, investigators, etc. It is therefore imperative that co-operation between all the players is achieved in order to make a difference in the criminal justice system. The following slides give a view of the services that the department supported during the period under review 15

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points i) Court Services Criminal Cases The department provided support for the management of over 875 000 criminal cases within the Criminal Justice System New Cases/First Enrolment District Courts 2010/11 2011/12 Cases Finalised 800 896 748 231 412 857 400 991 75 428 68 211 39 078 40 242 1 039 902 1 027 1 130 Supreme Court of Appeal (Appeals and Petitions) 2010/11 338 2011/12 341 288 272 Regional Courts 2010/11 2011/12 High Courts 2010/11 2011/12 16

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points i) Court Services Civil Cases The department provided support for the management of over 100 000 civil cases within high courts New Cases/First Enrolment High Courts (New Cases) 2010/11 2011/12 High Courts (Motion Applications) 2010/11 2011/12 Supreme Court of Appeal (Appeals and Petitions) 2010/11 2011/12 Labour and Labour Appeals Court 2010/11 2011/12 Cases Finalised 39 150 27 804 23 527 28 887 75 611 104 884 62 571 82 431 576 1 013 524 686 11 556 11 235 8 305 6 553 17

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points i) Court Services The department provided support to the finalisation of 141 land claims and 123 constitutional matters Land Claims matters Financial year Restitution cases Extension of Land reform (labour Totals (Act 22 of 1996) security of tenure tenant) New Finalised New Matters Finalised 2010/11 108 121 70 92 19 35 197 248 2011/12 103 89 52 52 32 0 187 141 Constitutional Court Cases Financial year Applications/ Awaiting cases lodged directions Court roll Dismissed Judgments cases Taxations Cases withdrawn 2010/11 117 22 101 79 30 13 3 2011/12 123 3 99 97 32 21 1 18

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points i) Court Services Other initiatives to improve access to justice in the courts include: 1) Case Flow Management i. Improving court performance through case flow management (CFM) which is now under the control of the judiciary and has started to improve. The Chief Justice personally is spearheading many of the case flow management initiatives. ii. The CFM forums at regional and local levels have started to work together to look at common definitions and the use of data between all role players for planning and management purposes. Monitoring and evaluation of court performance has been strengthened and escalated to the highest level with the Chief Justice also being involved. iii. All these improvements are having a positive impact on other areas of the Criminal Justice System. There are, for example, less awaiting trial persons (or remand detainees) – down from 53 901 in 2003/04 to 46 188 in 2012. 19

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points i) Court Services 2) Digitisation of Court Records Digitisation of court records assists the Department with improved security, file integrity, improved productivity, customer service and efficiency, alleviation of space problems and improved access to records in a controlled manner. There were pilots in Krugersdorp and Pretoria Magistrate Courts. Phase 1 focused on the following courts: Western Cape High Court, South Gauteng High Court, North Gauteng High Court, Johannesburg Magistrate Court and Durban Magistrate Court Progress of the 5 phase 1 sites is shown below: Progress on digitisation of court records in 5 pilot sites Date Project Target July 2012 August 2012 September 2012 TOTAL Percentage Progress (%) Images Scanned 50, 000 2, 422, 156 4, 676, 124 3, 027, 575 10, 125, 855 20% Cases 35, 689 57, 547 32, 938 126, 174 Boxes 34, 159 1, 366 2, 342 1, 328 5, 036 13% Lost Records 20

3. OVERVIEW OF DEPARTMENTAL PERFORMANCE a) Services delivered at key service points ii) Master of the High Court The Department is responsible for 14 Master of the High Court service points and has spent the majority of the R 331 million in the delivery of key services. The workload in the branch is illustrated on the table below. Number of matters enrolled in the Masters offices Calendar Year Deceased Estates Liquidations/in Trusts solvencies Curatorships 2010 191 402 10 716 15 749 996 2011 170 150 9 958 16 376 1 277 Detailed performance on Master’s services and initiatives to turnaround services are detailed under Programme 3 performance 21

3. BUDGET OUTCOMES 22

Table of Contents 2011/12 - Budget And Expenditure Outcome 2011/12 - Audit Outcomes 2013 - Indicative MTEF Budget Allocations and Spending Pressures 23

Budget and Expenditure Outcome 2011/12 ‘ 000 2010/11 ‘ 000 2009/10 ‘ 000 8, 960, 034 8, 277, 996 7, 538, 269 Expenditure 8, 959 8, 188, 843 7, 514, 440 Balance 1, 075 m 89, 150 13, 829 Final Budget Less Percentage Expenditure 99, 99% 98, 9% 99, 8% 24

Expenditure outcome per Programme: 2011/12 DOJ&CD 25

Expenditure per Economic Classification DOJ&CD (Excluding NPA) 26

Key Observations on Departmental spending: 2011/12 Financial year 1. Improved overall departmental spending – expenditure of 99. 9 % compared to 98, 9 % in 2009/10. 2. National Treasury support in Adjusted Estimates totaling R 168 million for salary increases (R 60 million), investigative capacity for the Public Protector (R 10 m) and technical assistance to the SIU (R 97 million) 3. Increased capital spending (Buildings and fixed structures) of R 683 million against an originally approved budget of R 598, 515 million. 4. Major area of growth at programme level - Court services with a 7, 8 per cent increase from R 3, 9 billion in 2010/11 to R 4, 2 billion in 2011/12 5. Transfer to Public Entities – Special investigating unit increased from R 171 million in 2010/11 to R 323 million through departmental and NT assistance 6. Impact of budget cuts – balancing compliance with service delivery and carry through effect 27

OVERALL AUDIT OUTCOMES 2011/12 • • Vote Guardians Fund Presidents Fund CARA – Qualified – Unqualified 28

Vote Account – Basis for Qualification Third Party Funds (TPF) a) The AG could not rely on i. The adequacy of the fund’s financial and control system in relation to Departmental Revenue, ii. The completeness of the Contingent Liability, Revenue Receivables and Provisions notes b) The department successfully cleared prior year audit qualifications in HR Management, Assets and Irregular Expenditure 29

KEY INITIATIVES TO ACHIEVE NAQ Some improvements in the audit outcomes are expected to be made in the 2012/13 financial year as a result of the following: a) Establishment of a Compliance Unit, and development of a Compliance Policy b) Implementation of a National Audit Action Plan Other initiatives include: 1) Debriefing workshops – Executive management/Regional Heads / Regional Finance Directors 2) Comprehensive National Audit Action Plans complemented by regional Audit Plans on identified audit risk areas 3) Establishment of Internal Control Component for expenditure assessment and monitoring, adherence to financial prescripts and reporting 4) Additional human resource capacity in supply chain and asset management 5) Task team/s deployed in Regions for training and technical guidance focussed on Compliance, Asset Management, irregular expenditure and supply chain management practices 30

KEY INITIATIVES TO ACHIEVE NAQ 6) Enhancing departmental policies and prescripts – 3 quotations, delegations, tax compliance of service providers, payments within prescribed periods 7) Monthly progress reporting to Executive management on status of implication of approved audit action plans 8) Quarterly Financial Statements preparation – these statements are then reviewed by the senior manager in financial reporting services. Exceptions are investigated and followed up 9) Periodic budget and expenditure reviews to ensure expenditure within appropriation and effective management of accruals and commitments 31

CLEARING THE TPF QUALIFICATION 1. Baseline and Historical Financial reporting AFS for 2009/10 and 2010/11– concluded Identified risk areas effecting audit outcome a) Opening balances b) Supporting Document management c) Follow-up and management of shortages and losses Next Steps i. Finalise financial statements for 2011/12 financial Supporting documentation validation – 31 October 2012 Accounting validation – 19 October 2012 Reporting and clearing of shortages and losses – 15 November 2012 ii. Systems review – finalise the future operating model of TPF. Treasury approval were obtained for development/procurement of new system iii. Tabling TPF legislation – Draft legislation prepared iv. Planning and concluding 2012/13 financial statements 32

DOJ&CD 2013 Medium Term Expenditure Framework (Alignment with the Budget Review and Recommendations process)

Acknowledging MINCOMBUD and NT Guidance 1. The Accounting Officer and Minister when formulating plans for the next MTEF need to give consideration to the deterioration of domestic economic outlook 2. Departments should be ready for fiscal constraints over the next few years; Government to shift its spending from consumption to investment – thus Justice capital expenditure growth, performance and declining personnel-to-operational cost ratio 3. Regain public trust as there is an increasing perception of public sector wastefulness, inefficiency and abuse of state resources – improved audit outcomes and enhancing accountability 4. Keep spending within the overall ceiling established in the 2012 budget 5. Implement baseline reductions of 1% for 2013/14 – 2% for 2014/15 – 3% for 2014/15 34

INDICATIVE MTEF BUDGET ALLOCATIONS: Year on Year Growth 2012/2013 ‘ 000 Vote Budget 2013/2014 ‘ 000 2014/2015 ‘ 000 2015/2016 ‘ 000 13, 079, 6 13, 813, 96 14, 620, 96 15, 293, 53 07 1 5 0 Direct Charges 2, 401, 870 2, 575, 723 2, 730, 266 2, 855, 858 Total MTEF Year On Year Growth 15, 481, 47 16, 389, 68 17, 351, 23 18, 149, 38 7 4 1 8 5, 9% 5, 90% 4, 6% Overall annual growth of 5, 4% whilst expected to fund above inflation salary increases, increases in operational cost (transport, municipal rates and taxes, leases) and still expanding services. 35

Indicative Budget Allocations per Programme 36

Budget Allocations per Economic Classification 37

Resourcing Of Independent Bodies 38

Proposed Budget Cuts: Programme Level 1%, 2% and 3% Details of budget pressures are shown in later slides 39

Budgets cuts … Cost containment measures 1. Reducing travel and subsistence cost 2. Equipment leasing including expanding the life span of assets (Vehicles and computer equipment 3. Lowering provision for performance bonuses, 4. Optimal utilisation of resources (shared printers), 5. Video conferencing 6. Telecommunication cost (reduction in limits and enhance control on usage). 7. Utilisation of public sector capacity (conferencing/ scanning and office furniture capability), 8. Optimisation of ICT operations 9. Renegotiation of contracts (SITA, Security), 10. Reduction and prioritization of training (Justice College) 11. Legal Aid – Cuts in salaries and related cost and operating expenditure 40

Budgets cuts …. Adjustment of programme service delivery 12. Reducing project allocations for ADR, Sheriffs, Traditional courts, Review of Civil Justice System, Case flow management, Court Managers Development 13. Phasing out of temporary case backlog appointments through the creation of permanent posts of Magistrates and other staff to ensure sustainability (changing the use of budget allocation regarding case backlogs by 25%, 40% and 50% over MTEF from acting appointments to permanent posts). 14. Reprioritisation of approved legislation and policy priorities (Sexual Offences Act NRSO, Child Justice Act, Victim Charter, One stop Child Justice Centre's, Protection of Information Bill) 15. Transformation of Legal Services ( Entity) 16. Postpone the expansion of Master Services (service points in Mpumalanga and GF capability in Johannesburg) 17. HR management – Suspension of unfunded establishments expansions / Project Khaedu 18. Infrastructure investment - Temporary suspension of approved and funded court infrastructure projects (10% temporary reallocation) 41

Budgets cuts … Impact on outputs and service delivery 1. Risk of litigation for justice services – political impact and reputational risk for the government (access to constitutional rights and rights vested in newly approved legislation ) 2. Labour discontent – outstanding OSD determinations, productivity 3. Court performance – convictions, case finalization, access to civil justice services 4. Completed facilities with now prospect of justice service delivery 5. Masters services – dealing with inefficiencies in GF operations (service points) and rural provinces exclusion (access) 6. Audit outcomes – risk of financial prudency against continuation of services 7. Transformation – new policy initiatives (State Legal Services, Judicial lead Court Administration and Constitutional Development programmes) 42

2013 MTEF Priorities to be considered for funding 1. Additional capacity for court administration, prosecution services and legal aid capacity consistent with capacity increases in magistracy and judiciary 2. Startup and operational cost funding for new lower courts funded through investment in Capital Works programme (Tsakane, Katlehong, Kagiso and Ntuzuma, Palm Ridge etc. ) 3. Funding shortfall on municipal rates, taxes and leased accommodation 4. Security, guarding and installations 5. Cleaning and Gardening services (still under discussion with DPW) BRR Proposals BRR Summary Slide 43

Major Medium Term Spending Priorities 1. Capacitation of the proclaimed department for the Office of the Chief Justice 2. Staff complement and operational cost funding of newly build Magistrates and High Courts 3. Escalating safety and security costs (Guarding Services, Cash in Transit and Infrastructure) 4. Facility management – Accommodation, leases and service charges (municipal rates) 5. Court Recordings – DCRS replacement and infrastructure upgrade 6. Library Services in various regions 7. Enhancement of Constitutional Development programmes 8. Enhancing training and development capacity – Justice College and HR 9. Foreign Language Services 10. Expanding the support personnel establishment in the courts( interpreters, financial officers and supply chain management staff ), as well as staff to perform quasi-legal functions, such as issuing default judgments , court orders and warrant of execution 44

Critical In year (2012/13) Budget Pressures 1. Security for Courts and Justice offices R 325 m 2. Leased facilities as well as the municipal services R 287 m 3. Assessors and related costs for all the courts R 25 m 4. Psychiatric observation R 30 m 5. The electronic library services for the justice sector R 78 m 6. Operational cost shortfalls at Court level R 80 m

DEPARTMENTAL PERFORMANCE PROGRAMME 1 46

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 The purpose of this programme is to manage the department, develop policies and strategies for the efficient administration of justice, and provide centralised support services. Strategic Objectives : 1. Increased compliance with prescripts to achieve and sustain an unqualified audit 2. Improved management of fraud and corruption cases 3. Improved human resources service 4. Increased optimisation of systems (automated and manual) 5. Increased percentage of outstanding TRC victims who qualify for reparations paid as per TRC recommendations 47

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 1. Unqualified audit opinion by the end of 2012/13 financial year i) Implementation of key activities in addressing Third Party Funds qualification 1. In the 2011/12 financial year, the department enhanced financial capacity through the approval and funding of middle management and technical positions in the areas of supply chain management, internal control, trust fund management and asset management. 2. The department completed a comprehensive review and documented Third Party Funds operations, while 160 area court managers, financial operations and senior financial managers were trained on basic financial management and the appropriate financial reporting framework for the trust fund. 3. A further 1 021 officials attended orientation sessions on financial month-end and year-end procedures for trust funds in November 2011. 4. These training interventions will be deployed in 2012/13 and will focus on court managers and court personnel assigned to the cash management operations in cash halls. 5. Annual financial statements for 2009/10 were completed later than anticipated. 48

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 1. Unqualified audit opinion by the end of 2012/13 financial year ii) Implementation of the Audit Action Plan 1. An Audit Action Plan was developed to monitor implementation of interventions identified by the Auditor -General in 2011/12. Although there were a few implementation challenges , 90. 3% of this plan was implemented in 2011/12, against the target of 100%. 3. The challenges that were indentified on the 2011/12 Audit Action Plan: a) Intervention planned not SMART enough b) Calculation of percentages could not be accounted for. c) Deadlines were revised continuously. 4. The following improvements have been effected and were approved by EXCO: a) A new approach where responsibility for resolution of findings no longer rest with the custodian of the function but rest with users of the service and management of the department. b) Development of SMART interventions as well as metrics to measure the “SMARTness” c) Development of a calculator based on four elements to measure progress and therefore account percentages. d) All branches and regions (as per agreement at the recent Regional Heads meeting) have assigned a person/s that will coordinate progress in resolving audit issues. Audit Action Plan 49

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 1. Unqualified audit opinion by the end of 2012/13 financial year iii) Risk management activities For the 2011/12 financial year, 64% of risk mitigation plans were finalised by December 2011, against the target of 100% by the same period. The 29 risk mitigation plans were conducted for all areas (including the regions) by 31 March. Risk Management Initiatives for 2012/13 The following initiatives are being undertaken during 2012/13: a)Department is facilitating risk assessments in all its Branches and Regions (annual exercise); b)Vacant posts were filled and now in the process of finalising the appointment of Risk and Compliance Champions. The appointment of Champions will assist in the coordination of risk assessments, monitoring of mitigation plans and compliance related activities to enhance better and quicker reporting. c)The risk management initiatives should assist the Department in moving from level 3 rating to a level 4 or 5 rating in terms of maturity levels. This means the Department should improve from just compliance with prescripts to a stage where value add can be measured and all processes are coordinated. d)The prescripts, policies and codified instructions are being amended to ensure alignment with performance expectations as well as service delivery initiatives. This includes Departmental Financial Prescripts, codes on criminal and Civil matters, Archiving and Document Management, etc

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 2. Improved Management of Fraud and Corruption The department adopted a three-pronged strategy to fighting corruption. This entailed staff awareness programmes, improved finalisation of cases and the vetting of key staff Members, as discussed below i) Finalisation of forensic cases The management of initiatives to prevent fraud and corruption cases involves the timely finalisation of cases and the implementation of sanctions where applicable. Details of cases for the period under review are as follows: Cases received Cases finalised Percentage finalisation Sanction (dismissal) * Final written warning Resigned New cases (received in 2011/12) Old cases (older than 1 April 2011) 144 78 117 58 81% 78% 31, of which 14 officials were dismissed in one case 7 5 (as a result of investigation) * Dismissals as a result of findings of forensic investigations 51

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 2. Improved Management of Fraud and Corruption ii) Fraud and Corruption awareness During the period under review, 21 workshops on the prevention of fraud and corruption were held, against the target of 30. Some of the sessions were held in collaboration with the Public Administration Leadership and Management Academy (PALAMA). Initiatives in line with Departmental Fraud Prevention Plan Below are initiatives implemented in line with the Fraud Prevention Plan: a) Department has an approved fraud prevention plan and the whistle blowing policy. b) The fraud prevention implementation plan (3 year roll out plan) was also developed to monitor preventative, detection, reaction, investigation and resolution mechanisms within the Department. c) In line with the plan, the Department has raised awareness to more than 2500 officials and is still intensifying awareness sessions in this area. Awareness about the Code of conduct is part of Department’s initiatives. d) In addition to the above, there are 89 ethics champions that were nominated and trained in the Department. e) The Department is also involved in Cluster Anti-Corruption Activities to ensure proper alignments with other government structures. 52

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 2. Improved Management of Fraud and Corruption iii) Vetting a) Special attention has been placed on the vetting of senior managers and by the end of 2011/12 financial year, 50% of the 154 senior managers had been vetted, against the target of 65%. b) The Department has been experiencing a high staff turnover and capacity constraints in this area and is addressing this matter with the relevant senior managers. c) In terms of cluster initiatives, the supply chain managers complied with the submission of vetting forms as required. This exercise will assist the Department to decrease the risk of fraud and corruption within the supply chain environment. d) To raise awareness on vetting, 43 awareness sessions were conducted in six regions, with a total of 860 people attending. 53

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 3. Improvement in safety within the court environment i) Number of security installations finalised a) Although the initial contract of security installations was targeted at 150 courts, cost escalations have brought the number down to 90. During the 2011/12 financial year, the target of completing 50 sites was achieved. b) There is a need to increase the sites due to risks that have been identified, particularly at the courts. However, we cannot address this need in the short-term due to financial constraints. ii) Number of safety and security incidents The department spends substantial amounts of money on security infrastructure and deploying security personnel with the intention of lowering incidents of security breaches. During the period under review, the plan to keep incidents below 110 was achieved. 54

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 3. Improvement in safety within the court environment Addressing security challenges To fulfill the above mandate and to manage safety and security risks, the Department planned and implemented the following initiatives: i. Enhanced physical security infrastructure, technical installation and maintenance. To-date there are 70 security designs finalised, 58 completed sites in terms of security installations out of 90 that were prioritized. In addition to these sites there are others that have been included in Department of Public Works programmes. All projects are on going. ii. Security Guarding Services in 707 sites in the current financial year vs. 645 in the previous periods. iii. There are 510 offices that are assisted with Cash-in -Transit services this financial year vs. 502 offices in prior years. iv. The Department continues to provide special protection services for various members of the Judiciary and Prosecution based on the on going Threat and Risk Assessments. The Department is also assisted by other law enforcement agencies in this area to ensure a coordinated approach. 55

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 3. Improvement in safety within the court environment Addressing security challenges The afore-mentioned initiatives provide the Department with the following benefits: 1. Secured areas for members of Judiciary and Prosecution; 2. Secured Cash halls and record rooms; 3. Supporting security personnel doing guarding services by monitoring the movement of people, information and assets through the CCTV and other security measures; 4. Perimeter fencing of the Court Buildings; 5. Secured entry and exit points to the courts; 6. Secured Prisoner drop off areas (awaiting trial detainees acceptance routes); 7. Secured Prisoner routes from Police cells to court rooms (awaiting trial detainees hearing route); 56

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 3. Improvement in safety within the court environment Addressing security challenges The Department also monitors performance of service providers. The following tables lists penalties that were imposed due to non-conforming guarding services. Region Amount (Qtr 1 – 2012/13) Amount (2011/12) Kwa. Zulu Natal R 137 941 R 723 791 Eastern Cape R 73 059 R 535 651 Gauteng R 379 934 R 2 806 291 Western Cape R 247 016 R 1 401 461 Limpopo R 98 752 R 324 776 North West R 192 427 R 649 235 Free State R 53 907 R 512 246 Northern Cape R 80 282 R 286 973 Mpumalanga R 12 909 R 69 231 R 1 826 231 R 7 309 655 57

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 3. Improvement in safety within the court environment Addressing security challenges In Summary, a) Budgetary constraints hinders continuous improvement of safety and security initiatives in DOJCD offices and Courts. b) To date a minimum amount of R 325 million is needed to meet the demand of current contracts. c) There is also a need of ongoing maintenance and upgrade of current security infrastructure, security servers and other security equipment. d) Some of the courts need supply and installation of fire arm discharge units that comply with the prescripts. With current budget allocations this area will remain one of the security challenges. e) The current security contracts are expiring in Dec 2012 and if additional funding is not made available, the Department will be forced to scale down on security services and compromise security of staff and members of the public. 58

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 4. Improved Human Resources Services i) Vacancy Rate Although the vacancy rate of 10. 5% is above public service norms and way above the Governance and Administration targets, it remains lower than the departmental target of 7%. Budget and accommodation constraints will continue to make it difficult to move the vacancy rate into single digits. Historical vacancy rate figures Year 2008/2009/2010//2011/2012/2013 Quarter 1 Vacancy rate* 13. 58% 10. 73% 9. 80% 10. 52 10. 10% * Including judges Progress on SMS vacancies 59

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 4. Improved Human Resources Services ii) Training at Justice College During the 2011/12 financial year, the target to training 6048 staff in line with departmental objectives was not achieved due to additional training requested for the Judiciary on behalf of SAJEI. In total, 6207 people were trained (including the Judiciary) Training by Justice College in support of business objectives Indicators Anti-corruption, fraud and dishonesty Maintenance (all staff) Sexual offences training Domestic violence training Child Law training Service excellence Foundational management Quasi-judicial services Masters’ training Total Judiciary Training (not part of annual target) Annual target 190 510 680 360 545 735 270 2 698 60 6 048 Annual performance 156 293 461 227 532 612 333 2 355 582 5 551 656 60

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 4. Improved Human Resources Services iii) Completion of grievance and misconduct cases During the year under review, completion rates of both grievance cases were improved substantially as compared to the previous financial year. A project plan and substantial resources were put in place to finalise 65% of both misconduct and grievance cases against the targets of 50% and 65% respectively. Historical completion rates of grievance and misconduct cases Year 2010/11 2011/12 2012/13 Target Actual Q 1 Target Quarter 1 Actual Grievances 60% 40% 50% 65% 60% 34% Misconduct 70% 48% 65% 75% 27% 61

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 5. Completion of outstanding TRC recommendations During the period under review, 446 individual reparations were paid, against the target of 500. This is a major improvement on the previous year, when only 8 beneficiaries were traced and paid. Education and health regulations which are necessary to enable victims and their immediate families to be assisted are undergoing consultation and are expected to be completed during the 2012/13 financial year. In addition, the department plays a supporting role in the exhumation and reburial of victims and to date have assisted in 77 exhumations, 54 of which have resulted in reburials and symbolic repatriations. Year Total Number of reparations paid 2010/11 2011/12 2012/13 Target Actual Annual Target Q 1 Actual 875 8 500 446 367 20 62

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Systems 1. The Department continues to use ICT as a strategic business enabler and will endeavour to structure and operate this component to modernise the Department 2. In the Departmental ICT Strategy, which was developed during 2011/12, a new operating model focusing on building capacity on key strategic areas was identified. The aim of this approach is to reduce over-reliance on external consultants and build sustainable capacity within. 3. As a result of this shift, 28 new posts created in the 2011/12 financial year. Nineteen of them have been filled, while 9 are in the recruitment process. The majority of filled posts are within the systems development space. 63

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Systems Due to various reasons, mainly budget constraints, there has been delays in refreshing IT equipment and ageing and out-dated equipment, for example, user desktops, scanners and printers. To address these challenges, the Department has been allocated additional funding for the MTEF period to start the process of renewing/replacing the ageing and outdated equipment and to optimize the IT network. With regards to Business Continuity, the department has the following systems in place: 1. Centralised servers, which means a court can move to a new site/court and continue operating should a disaster hit 2. The Department uses the Telkom Data Centre, which keeps all departmental data in a highly secured environment 3. There also data backups kept at Metrofile 64

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Infrastructure i) Hardware upgrade The detailed list of hardware to be upgraded in the next two financial years is as follows: Area Servers Project Name Description Central Servers Increase storage at Data Centres (Telkom and Momentum Park) Replace Out-dated Local Servers (Regions and courts) Replace Server Cabinets at identified High Courts and Masters Offices Local Servers (RIS) Local Server Cabinets Networks Wide Area Network Upgrades (VPN) Wide Area Network Upgrades (Optimisers) Local Area Network Upgrades (Switches) Computers Laptops Desktops Upgrade IT Wide Area Network (bandwidth) at identified sites Further rollout of WAN Optimisers Replace out-dated switches(Regions and courts) Replace out-dated Laptops(Regions and courts) Replace out-dated Desktops(Regions and courts) 2011/12 2012/13 2013/14 - 60 TB 20 TB 386 222 sites 30 sites - 30 sites 40 sites 60 120 sites 25 sites - 100 sites 70 sites - 320 350 50 100 550 4901 3000 4500 65

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Systems i) Development of software/systems During the year under review, the department developed and piloted the following strategic IT business solutions, within target: 1. ICMS Masters: Deceased Estates 2. ICMS Maintenance (Pre-court order) 3. ICMS Criminal (SAPS docket integration) 4. ICMS Criminal (Case outcome integration) 5. Justice College Student Information System aimed at monitoring training and development in the department. These systems will enable the Department to modernise the system (e. g. paperless environment within Master’s) and to ensure integration of systems within the JCPS cluster. The implementation of third phases of these systems has begun in the 2012/13 and completion is expected in 2013/14. 66

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Systems ii) Optimisation of systems The department has optimised and implemented the following operational IT business solutions: a. Masters’ Web Portal. This solution improves public access to Masters’ information via the web b. Masters’ Own Verification Information Technology (MOVIT). This solution enables the Masters’ Offices to authenticate and verify the identity of recipients of funds from the Guardian’s Fund directly with the Department of Home Affairs. This solution has improved the processing turnaround times and the effectiveness of authenticating the identity of Guardian’s Fund recipients. c. In intensifying the use of ICT as a strategic enabler, the department has identified and created a number of key internal IT positions for which the recruitment process is currently underway. 67

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Systems iii) Usage of ICMS systems a. The inadequate use of IT business solutions remains a concern for the department. In addressing this concern, the department has created an additional internal human resources capacity to improve the management of implemented IT business solutions, and to ensure that the IT solutions meet the business needs. b. The department has also identified limited training as one of the major contributors to the poor use of IT systems. The department commenced with optimising its business solutions’ training strategy in order to maximise its return on business solutions investments. This intervention is expected to continue in the next financial year. c. During the period under review, the percentage of lower courts with deployed ICMS system dropped to 55%, against the target of 100%. This was due to the deployment of a new version of ICMS that some courts experienced challenges with. 68

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 6. Improvement in Information Technology Systems c) Justice Modernisation Project i) Cluster Integration During the period under review, the Cluster concluded pilot projects of the various caserelated integrations between the upgraded Crime Administration System (CAS) of the South African Police Service (SAPS) and the department's Integrated Case Management System (ICMS), which were conducted in the Benoni and Cullinan court districts. This integration entails the electronic transmission of docket information, first appearance outcomes and case status information between the SAPS and the department. With regards to video arraignment, the cluster also concluded the deployment of the Video Arraignment Solution to 47 magistrates’ courts linked to 18 correctional facilities. During 2012, the focus will be on the maintenance of these systems and an analysis of their impact and effectiveness. Update on the cluster project list is shown on the next slide. 69

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 IJS Project Update Integration Departments Current Status Pilot Planned Rollout Planned Notes PIVA DOJCD, IJS TVL & Development Oct/Nov ‘ 12 SAPS Feb/Mar ‘ 13 Includes the ability to perform criminal record checks for NRSO vetting and vetting of candidates for employment through biometrics. CJS Unique Person Identifier SAPS, NPA, Analysis & DOJCD, DSD, IJS Design TVL & DCS 2013 -14 FY 2014/15 FY Multi-year project. Major Architecture and Development work is required in SAPS. Includes Integrated Booking, detention Management and Person Tracking Completed Solution is fully deployed to 20 Courts and 99 Police stations. The next rollout will include Rural Areas. Person Road Map Case Integration DOJCD Docket Ready DOJCD & SAPS NPA Docket Ready NPA & SAPS DOJCD Case Outcome DOJCD & SAPS Deployed Pilot Deployed July/Aug ‘ 12 Completed Feb/Mar ‘ 13 Pilot in progress. Phase 2 of the solution includes the NPA integration with SAPS and DOJCD on the solution already deployed by SAPS & DOJCD via the transversal hub (see above). Completed Solution is fully deployed to 20 Courts and 99 Police stations. The next rollout will include Rural Areas. 70

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Project Update Integration Departments Current Status Pilot Planned Rollout Planned Notes IJS Business Intelligence 28 KPI Dashboard SAPS, NPA, DOJCD, DSD & DCS Develop November ment 2012 On-going March 2013 Continuous development of the User Interface is undertaken as needed. The next Demonstration to the IJS Board is planned for November 2012 and shortly thereafter the solution will be piloted before it is rolled out by end of March 2013. Single CJS Data Base SAPS, NPA, DOJCD, DSD & DCS Not started To Be Determined Longer term goal, to be established as more and more data is provided by departments as further systems enhancements are delivered. This Project is anticipated to start in the financial year 2013/14. To Be Determined 71

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 7. Service Delivery improvement i) Service Standards and the Service Charter a) The departmental Service Charter together with Service Standards was shared by the Minister in parliament during March 2012. Implementation will be rolled out in stages. b) To facilitate the implementation of these standards, 50 officials from courts implementing Lean Management pilots were trained. ii) Presidential Hotline Although the Department is one of the top performing departments with regards to finalisation of hotline cases (83% cases finalised sinception), the departmental target of finalising 80% of cases within 30 days was not met; 54% of cases were finalised within 30 days. This is as a result of a substantial portion of cases involving court processes that need to follow due legal processes which take time. 72

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 7. Implementation of the Communication Plan The Department implements strategic communication interventions to ensure that communication is conducted in a well-organised and coordinated manner. The two major initiatives for the 2011/12 financial year were: a) The department invested in a television programme, Final Verdict and a radio programme, Justice on the Airwaves. Final Verdict consisted of a 26 -part television education programme produced in the form of a documentary-drama to enhance both its informative and entertainment potential. b) Justice on the Airwaves consisted of 26 episodes transmitted across 11 public radio stations in all official languages. It had an overall listenership of 1 765 000. 73

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 7. Implementation of the Communication Plan The Department achieved targets on implementation of all communication activities planned. These activities covered all quarters and included, among others the following: a) During Women’s Month (August), the department was involved in a publicity media campaign for the Access to Justice Week. This is an initiative between the department and the South African Women Lawyers Association (SAWLA) to provide free legal advice to members of the public. b) During the 16 Days of Activism campaign, a four-page educational media supplement was produced to communicate departmental interventions in its efforts to combat gender-based violence with a special focus on sexual offences. c) The National Register for Sex Offenders (NRSO) campaign was launched. A school campaign was included as part of this launch. d) A media campaign was undertaken to inform the public on the Truth and Reconciliation Commission (TRC). The community-based radio station campaign assisted with the tracing of beneficiaries throughout the country. Minister’s Public Participation Programme 74

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 7. Implementation of the Communication Plan As required by Cabinet and in line with the departmental objectives, public participation programmes were undertaken with a special focus on maintenance and Masters’ services. These included: a) Events at the Crossroads Community Hall in Phillipi and New Life Ministry Church in Bluedowns in the Western Cape. b) Other engagements at the Master of the High Court Offices in Johannesburg, Gauteng, and Pietermaritzburg, Kwa. Zulu-Natal. The departmental communication strategy includes the use of the departmental website and online social media. During the period under review, 844 004 people visited the department’s website. In addition, the department successfully launched the Minister’s Facebook page for engagement with the public. In the new financial year, more intensive media campaigns have been implemented, which include among others: a) Media engagement sessions to give the Minister an opportunity to engage with the media b) Involvement of DOJCD legal experts in weekly radio phone in (Justice Feature) to educate members of the public on our services 75

3. BUDGET OUTCOMES Programme 1 76

Expenditure per Economic Classification Programme 1 77

Year on year Change Programme 1 78

Expenditure per subprogramme Programme 1 79

Major Cost Drivers Programme 1 80

DEPRTMENTAL PERFORMANCE PROGRAMME 2 81

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 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 manage court facilities Strategic Objectives: 1. 2. 3. 4. 5. 6. Improved coordination of the JCPS Cluster towards the delivery of Outcome 3 Improved delivery of maintenance services Increased protection of the rights of vulnerable groups Increased access to justice services by underserviced communities Improved functionality of justice service points Improved delivery of services at the courts 82

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 1. Progress on activities in support of Outcome 3 of the JCPS Delivery Agreement Number of Cases on the Case Backlog Roll i. The criminal case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts, has provided additional capacity to the backlog priority sites. The department provided resources in the form of infrastructure, court personnel, judiciary, magistrates and budget in support of the prosecution and judiciary to remove these cases off the backlog roll. ii. To sustain these activities, the acting appointments are to be converted into permanent posts from 2012/13 onwards. iii. During the period under review, the number of cases on the backlog decreased to 34 926 against the target of <= 37 034) Historical performance on case backlogs Year 2009/10 2010/11 2011/12 2012/13 Quarter 1 Target Number of cases ≤ 41 828 Number of cases ≤ 40 991 Number of cases ≤ 37 034 Number of cases ≤ 36 295 Actual Number of cases = 38 563 Number of cases = 37 034 Number of cases = 34 926 Number of cases = 35 026 (Q 1 Actual) Additional Case Backlog Project Information 83

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 1. Progress on activities in support of Outcome 3 of the JCPS Delivery Agreement Number of Cases on the Case Backlog Roll From the inception of the backlog reduction intervention in November 2006 until the end of March 2012, 59 232 criminal cases were removed from the regional and district court rolls and processed by these additional backlog courts. Case backlog roll progress sinception Period Nov 2006 – March 2007 April 2007 – March 2008 April 2008 – March 2009 April 2009 – March 2010 April 2010 – March 2011 April 2011 – March 2012 Total Number of Cases transferred Total number of backlog courts finalised withdrawn to higher courts cases disposed of 37 855 513 57 1 425 38 3 503 1 373 237 5 113 46 4 496 1 763 315 6 574 56 4 593 2 060 183 6 836 77 11 085 5 387 554 17 026 83 15 886 5 730 642 22 258 40 418 16 826 1988 59 232 84

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 2. Implementation of the Maintenance Turnaround Project The aim of the Maintenance Turnaround Project is to assist children to receive maintenance stipend timeously in order to meet their needs. The aim of the project is to: 1. Develop systems (ICMS) that improves service delivery enable the Department to track performance 2. Capacitate and train frontline staff to offer an improved service 3. Undertake process improvement throughout the maintenance value chain 4. Improve turnaround in payment of maintenance to beneficiaries and reduce incidents of losses During the 2011/12 financial year, 65% of the deliverables of the projects were completed, against the target of 100%. Delays were experienced in the finalisation of the project due to i. Procurement challenges in Lean Management which were addressed later in the financial year ii. The delay in the appointment of additional maintenance officials due to temporary contracts offered. This issue is being addressed by relevant senior management. Achievement on the 4 subprojects are detailed on the next slide 85

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 2. Implementation of the Maintenance Turnaround Project List of achievements on the Maintenance Turnaround Project in 2011/12 Sub project 1 2 3 4 Title Business Process and ICMS Achievements Pilot for ICMS Maintenance completed according to plan (Temba) Kha RI Unde: Service Point Improvement 1. Introduced mediation services in pilot sites 2. Developed signage at a pilot site in Kwa-Mhlanga 1. Completed 1 pilot site (in Temba) against a target of 9 Lean Management 2. 7 more sites have been completed so far during 2012/13. (Business Process 3. In all the sites completed, officials have implemented Improvement) process changes that significantly improve maintenance operations. 1. Successfully completed all sites identified for new EFT payments. Electronic Fund Transfer 2. At the end of the financial year, 103 courts and 95 000 Decentralisation beneficiaries were receiving maintenance through this decentralised EFT payment. This has substantially reduced the Average turnaround time of payments. 86

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 3. Improved protection of vulnerable groups ii) National Register of Sexual Offenders a) Following the roll-out of the ICMS NRSO system, usage for the system reached 70% of all courts reporting relevant offences. b) The database increased from 978 names in 2010/11 to 2 340 by the end of 2011/12. c) During the year under review, a database of 39 684 offenders were received from the SAPS for possible inclusion in the database. Purification of this data was unfortunately not finalised and the target was not reached. Complexities regarding historical convictions are being addressed. d) A detailed publicity campaign to educate the public on the NRSO is being implemented during the current financial year. NRSO Campaign Plan 87

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 3. Improved protection of vulnerable groups ii) Improvement in the management of sexual offences a. The National Policy Framework on Sexual Offences was tabled in Parliament with recommendation to reopen the consultative process with stakeholders. b. Improvement of witness testifying rooms for specialised sexual offences services were continued during the 2011/12 financial year, and to date have purchased: 1. 2. 3. 4. 335 close circuit television camera 49 one-way mirrors 225 child testifying rooms 195 anatomically correct dolls c. With regards to Specialised Sexual Offences Courts, the Task Team finalised two research studies, namely, Historical Data Analysis on the Efficacy of the Sexual Offences Courts, and the Empirical Field Study at the few sample of courts that previously operated as Sexual Offences Courts and a few of the existing Dedicated Sexual Offences Courts. At the end of August 2012, the Task Team submitted its preliminary findings to the Minister. 88

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 3. Improved protection of vulnerable groups iii) One-Stop Child Justice Centres (OSCJC) a. THE OSCJC are established to streamline the process of children from arrest to formal court processes. b. For the year under review, 2 in Eastern Cape and North-West were planned for finalisation, however both were delayed by concurrence processes with relevant departments. c. There are still outstanding concurrence signatures and this has been taken up with the Ministry. 89

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 3. Improved protection of vulnerable groups iv) Finalisation of cases by the Office of the Chief Family Advocate The objective of the Office of the Chief Family Advocate is to finalise family-related disputes according to the guidelines in the legislation and to ensure that this is done to the satisfaction of parties involved. The Office of the Chief Family Advocate managed to finalise 31% of Family Law cases during the year under review, against the target of 33%. This can be attributed to: a. b. c. d. Workload due to staff shortages, especially mediators, The small footprint of the office in all regions. In addition, The increased mandate of the Family Advocate through the introduction of mediation provisions in the Children’s Act Extension of the work of the Office to lower courts Cases handled by the Office of the Chief Family Advocate over 2 financial years 2010/11 2011/12 New cases 10 640 12 129 Finalised cases 9 074 10 849 Outstanding cases 5 046 5 608 90

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 4. Improved access to court infrastructure i) New Court Buildings During the period under review, 3 courts were under construction, namely Tsakane, Kagiso and Katlehong, with Tsakane being completed. The remaining two were not completed and will be finalised during the 2012/13 financial year. No Repair and Maintenance Projects were undertaken during the period under review due to budget being used on pressing capital projects. Update on Mpumalanga High Court 1. DPW has not yet finalised the lease agreement for temporary accommodation 2. DPW has to finalise the acceptance of the donation of land from Mbombela Municipality Progress on current and upcoming capital projects are shown in the upcoming slides. 91

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 4. Improved access to court infrastructure i) New Court Buildings Status of multi-year projects Province Project Gauteng South Gauteng High October 2013 Court refurbishments and additions Construction of new June 2012 Katlehong Magistrate Office Construction of new April 2013 Limpopo High Court Gauteng Limpopo Anticipated Date of Completion Gauteng Construction of new Kagiso Magistrate Office December 2012 All Provinces Provision of Facilities for People with Disability Various Comments Project is on-going. Due to unforeseen work that had to be done, the project completion date will be reviewed by the contractor Practical Handover was done in June 2012 and the court was opened in August 2012 Project date of completion has been moved to 2013 due to approved extension of time as well as additional work for the Director of Public Prosecution (DPP) added to the current scope of work The contract has been experiencing cash flow problems but it is being resolved. The project is being monitored on bi-weekly bases by DPW and DOJ&CD. Practical completion is expected in December 2012 All projects at implementation phase Additional Info on Facilities 92

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 4. Improved access to court infrastructure i) New Court Buildings Project started in the 2012/13 financial year Province Project Progress Western Cape Construction of new Plettenberg Project out on tender and waiting for DPW to finalise bay Magistrate Office the donation of land by the Municipality before appointment can be finalised. Mpumalanga High Construction of new Mpumalanga Project out on tender but appointment waiting for Court High Court DPW to finalise the acceptance of the donation by the Municipality Gauteng Construction of new Mamelodi Project is out on tender Magistrate Office KZN Port Shepstone Magistrate Office Project not out on tender (DPW still finalising the acceptance of the donation from the Municipality). Project will go out on tenor in January 2013 New offices for the NPA Project not out on tender (awaiting DPW approval of the Procurement Strategy) Eastern Cape Construction of new Bityi Project not on tender as yet due to revised scope of Magistrate Office work requested. Revised scope is being incorporated into the project and the tender will go Maintenance and refurbishments of 43 Magistrate Offices 93

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 4. Improved access to court infrastructure ii) Conversion of branch courts 1. During the period under review, 3 more courts (Mamelodi, Ntuzuma and Northam) were converted to full-service courts, bringing the number of conversions to 18. 2. The conversion of the Attridgeville court has been delayed by processes regarding Diepsloot. the consultative 3. The remaining 6 courts are expected to be completed by 2012/13 financial year. iii) Alignment of Magisterial Districts with local municipal boundaries The process is not yet finalised due to further consultative processes and the dependency on finalisation of the Superior Courts Bill. 94

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 4. Improved access to court infrastructure iv) Establishment of Small Claims Courts a) During the period under review, 23 Small Claims Courts were established, against a target of 30. There is a major challenge in attracting Commissioners on a pro bono basis. Stakeholders such as Legal Aid SA has stepped in to assist with Commissioners. b) In addition, 195 new commissioners, 8 ad hoc commissioners and 185 advisory board members were appointed and 28 government notices were published. c) Eight small claims courts that had been inactive due to a lack of commissioners were revived by the appointment of new commissioners. 95

DEPARTMENTAL PERFORMANCE: PROGRAMME 2 4. Improved access to court infrastructure iv) Establishment of Small Claims Courts List of 23 Small Claims Courts established in 2011/12 Court Small Claims Cathcart Kenhardt Botshabelo Vrede Nongoma Roodepoort Ingwavuma Swartruggens Ubombo Willowmore Edenburg Ganyesa Randfontein Waterval Boven Bloemhof Mamelodi Eerstehoek Mount Fletcher Heidelberg Tshitale Matatiele Cala Marquard Province Date established Courts established during Eastern Cape the 2011/12 financial year 03 June 2011 Northern Cape Free State Kwa. Zulu-Natal Gauteng Kwa. Zulu-Natal North West Kwa. Zulu-Natal Eastern Cape Free State North West Gauteng Mpumalanga Eastern Cape Gauteng Limpopo Eastern Cape Free State 15 July 2011 22 July 2011 19 August 2011 26 August 2011 4 November 2011 9 December 2011 23 December 2011 17 February 2012 2 March 2012 16 March 2012 30 March 2012 96

3. BUDGET OUTCOMES Programme 2 97

Expenditure per Economic Classification Programme 2 98

Year on year Change Programme 2 99

Expenditure per subprogramme Programme 2 100

Major Cost Drivers Programme 2 101

DEPARTMENTAL PERFORMANCE PROGRAMME 3 102

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 The purpose of this programme is to provide legal and legislative services to government, supervise the administration of deceased and insolvent estates and the Guardian’s Fund, prepare and promote legislation and undertake research in support of this mandate Strategic objectives 1. Improved service delivery at the Masters’ service points 2. Increased efficiency in the provision of services to beneficiaries of the Guardian’s Fund, trusts, and insolvent and deceased estates 3. Promotion of constitutional development and strengthening of participatory democracy to ensure respect for fundamental human rights 4. Improved provision of legal services to state organs 5. Improved policy and legislative framework for the effective and efficient delivery of justice services 103

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 In respect to the objectives for this programme, the following were key achievements during the 2011/12 financial year: 1. Finalisation of projects to improve services within the Master’s branch a) As part of the turnaround strategy in the Office of the Master of the High Court, special focus has been placed on training frontline officials. During the period under review, a total of 259 officials who provide Masters’ services have been trained in service excellence by the Justice College. b) The further development of the ICMS Masters to create a Paperless Estate Administration System (PEAS). The successful implementation of PEAS will relieve work pressure on the Masters’ officials, and also curb the possibility of fraud and loss of documents. c) Electronic fund transfers for Guardian’s Funds were implemented in four offices to improve the turnaround time of payments to beneficiaries. Additional Info 104

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 2. Improved services in the Master’s environment With regards to Master’s services, targets were achieved in the following: a) Percentage of small estates (<R 125 000) finalised within 4 months: 95% against the target of 90% b) Percentage of trusts finalised within 14 days: 97% against the target of 90%. Performance on other services offered by the Master of the High Court, particularly large deceased estates, insolvencies and liquidation was lower than target due to overdependence on third parties in the delivery of services and increasing complexity in matters handled. 105

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 3. State Litigation Performance on Counsel Briefing a) During the period under review, 70. 3% of the value of briefs was issued to previously disadvantaged individuals, against the target of 70%. This percentage translates into an amount of R 263 739 311 in monetary terms. This is an improvement on the previous year’s performance of 69%. b) As far as the briefing of women is concerned, there was an improvement in comparison to the previous year, as 18. 2% of the briefs issued were allocated to women. This translates into an amount of R 68 242 342 in monetary terms. This is an improvement on 2010/11, where only 14. 2% of the value of briefs were awarded to women, with a value of R 39 874 635. c) A total of R 374 755 279 was paid to counsel from all State Attorney offices. There was an overall increase in counsel payment of 33. 5% during the 2011/12 financial year. 106

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 3. State Litigation ii) Performance on cases enrolled and legal costs a) During the period under review, 5 893 cases were enrolled, of which only 1 856 were finalised. There was a decline of 2. 1% in the number of cases finalised in comparison to the previous year’s performance. b) In 2010/11, a total of R 63 677 232 was spent on briefing correspondent attorneys. In 2011/12, this amount was R 58 386 081. This represents an 8. 3% reduction in legal costs year-on-year, against the target of 25% reduction. c) To further manage these costs, the Blueprint for the Management of State Legal Services, which was previously a standalone project, is now part of the Discussion Document on Transformation of Legal Services. The Blueprint is intended to create greater efficiency in the Framework on the Transformation of the State’s Legal management of state litigation by means of the following: 1) Implementing clear guidelines regulating how state litigation is to be conducted 2) Clarifying the roles and responsibilities of stakeholders (state attorneys and government departments) in state litigation management 3) Setting out minimum qualifications for persons dealing with litigation 4) Implementation of cost-saving measures 107

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 3. State Litigation iii) Update on recovery of legal costs from other state departments The DOJCD assists other government department with litigation and is required to recover the cost from the relevant departments. The update on this matter is as follows: a. The opening balance of monies owed to the State on 1 April 2012 was R 384 158 876 b. At the end of August 2012, R 322 149 670 was owing During April to August 2012 an amount of R 290 560 242 was incurred as legal costs c. Between April and August 2012, while the account was reduced by R 62 009 206, the total collected between April and August 2012 is R 352 569 448. d. In other words, the balance owing is reducing faster than the amount of current expenses incurred and this is a positive step towards reducing the total amount outstanding. 108

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 3. State Litigation ii) Pardons and Expungements Pardons and expungements relate to the clearing of the criminal record of a person and enables rehabilitated persons to reintegrate themselves into society in general and the job market in particular. In the year under review, 5 894 expungements and 703 pardon applications were finalised. 109

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 5. International Legal Relations a) During the year under review, the Department received 131 requests for extradition and mutual legal assistance in criminal matters. Of these requests, 32 had to be returned to the respective states as the requests did not comply with South Africa’s domestic law. A total of 99 valid requests have been processed and channelled to the National Prosecuting Authority and/or Interpol for execution. b) With regards to the performance against our targets: 87. 2% of cases were finalised within 3 weeks period, against the target of 100% finalised within 3 weeks. c) Due to the number of departments and/or institutions involved in the execution of extradition and mutual legal assistance requests, and taking into consideration that diplomatic channels are followed to transmit documents, delays are experienced from time to time. d) The drastic reduction in the turnaround time for the processing of these requests should be a clear indication to the rest of the world that South Africa will neither be a safe haven for fugitives nor a breeding ground for transnational organised crime. 110

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 6. Compliance with the PAIA Act a) Section 32 of the Constitution, 1996, provides that everyone has the right to access any information held by the state and any information held by another person and that is required for the exercise or protection of any rights. b) During the 2011/12 financial year, applications for access to information increased to 792 from 215 in 2010/11. As a result of the marked increase in applications, performance dropped to 18%, against the target of 100%. c) This marked increase can be attributed to inmates in correctional facilities appealing their sentences. Of the 792 cases, 141 requests granted in full in the public interest. d) There are two approaches to ensuring compliance: 1) People will be identified to assist with the management of cases during busy periods 2) The Department will continue with the digitisation of court records to avoid incidences of lost records. 111

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 6. Constitutional Development i) Access to Human Rights Programme The Department, in conjunction with the Foundation for Human Rights, has been involved in the implementation of a human rights programme funded with the assistance of the European Union. Three projects implemented under this programme were: 1) Programme to improve access to justice, including restorative justice mechanisms for vulnerable and marginalised groups 2) Programme to increase awareness and knowledge of constitutional rights for vulnerable and marginalised groups 3) Programme to enhance participatory democracy through public policy dialogue and strengthening the capacity of community-based organisations The sustainability of funding for the programme remains a challenge in light of the financial situation in the world and the EU in particular. Budget to sustain this very critical human rights work need to be arranged. We extend gratitude and appreciation to the EU and the community-based organisations that perform day-to-day advocacy work. Key deliverables of this programme over the 2010/11 to 2011/12 financial years are detailed on the next slide. 112

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Key deliverables of the Access to Human Rights Programme Year 1 Year 2 Target Achieved 1 Number of new Community Advice Offices established 15 20 45 45 2 20 20 50 50 3 Number of SLAs signed with Community Advice Offices in order to strengthen their capacity Development of a programme to promote the Equality Act Programme developed - - 4 Workshops to promote the Equality Act in partnership with CSOs - - 6 6 5 Number of CSOs attending workshops to promote the Equality Act 180 - - 6 Number of Magistrate Court clerks attending PEPUDA training - - 100 7 Number of individuals benefiting from diversion services 6, 500 10, 195 7, 600 10, 195 8 Audience reached by popular constitutional rights awareness programmes 1 Million 3. 5 Million 2 Million 3. 5 Million 9 Number of SLAs signed with CSOs to implement constitutional rights awareness programs 60 63 120 160 10 Number of refugees, asylum seekers and undocumented migrants benefiting from community support services 10, 000 10, 413 30, 000 32, 000 11 Provincial and national forums between CSOs, CSO networks and government on Human Rights issues 4 4 10 10 12 Number of beneficiaries of programmes that build the capacity of CSOs 1, 200 929 2, 400 2, 600 13 Number of CSOs participating in public policy dialogues 200 150 300 80 113

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 6. Constitutional Development ii) Implementation of human rights acts policies on behalf of government The Department plays an important role in ensuring that legislations relating to human rights, administrative justice are implemented. By putting together actions plans and policies of government. During the period under review, two policies were under development and are going through consultation with relevant stakeholders: a) Policy Framework to Combat Hate Crimes, Hate Speech and Unfair Discrimination b) National Action Plan for strengthening national cohesion by eliminating all forms of racism, racial discrimination, xenophobia and related intolerances In addition, the department plays a key role in assisting government to comply with PAJA (Promotion of Administrative Justice Act) and in this regard co-ordinates the Interdepartmental Working Group to implement the Act. A number of pilots are on-going and will guide further implementation of the Act. 114

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 7. Policy Development Our l legislative programme is informed by a number of policy initiatives which are aimed at giving effect to certain constitutional imperatives , which include, among others: (a) (b) (c) (d) the transformation of the Judicial system and administration of justice broadly the rationalisation of the courts the transformation of the Legal Profession the alignment of the traditional courts with the Constitution The Discussion Document of the Transformation of the Judicial System and the Role of the Judiciary in the Developmental South African State and the comments received thereon will form the basis of further Bills regarding the following, among others: - the transformation of the magistracy the court administration agency 115

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 7. Summary of legislative activities a) 1. 2. 3. 4. 5. Bills introduced into Parliament: Superior Courts Bill (June 2011) Constitution 17 th Amendment Bill (June 2011) Traditional Courts Bill (January 2012) Sheriffs Amendment Bill (January 2012) Judicial Matters Amendment Bill (March 2012) (approved by Parliament in October 2012) b) 1. 2. Bills passed by Parliament: State Liability Amendment Act (August 2011) Protection from Harassment Act (December 2011) c) 1. 2. Other Bills in which the Department participated in deliberations in Parliament: Prevention and Combating of Trafficking in Persons Bill (approved by National Assembly in June 2012) Protection of Personal Information Bill (approved by National Assembly in September 2012) 116

SUMMARY OF LEGISLATIVE ACTIVITIES contd: 7. Summary of legislative activities d) Bills prepared for submission to Parliament: 1. Legal Practice Bill (introduced into Parliament in May 2012) 2. Prevention and Combating of Torture of Persons Bill (introduced into Parliament in June 2012) 3. South African Human Rights Commission Bill (submitted to G & A DG Cluster in February 2012 and is to serve before Cabinet in October 2012) 4. Judicial Matters Second Amendment Bill (to serve before Cabinet in October 2012) 5. Determination of Remuneration of Commissioners of Chapter 9 Institutions Amendment Bill (to serve before Cabinet in October 2012) 6. Legal Aid Bill (ready to be submitted to Minister & Cabinet for consideration and approval) 7. Criminal Procedure Amendment Bill dealing with the right to appeal by the prosecution on questions of fact and out-of-court settlements (ready to be submitted to Minister & Cabinet for consideration and approval) 117

SUMMARY OF LEGISLATIVE ACTIVITIES contd: 7. Summary of legislative activities e) 1. 2. 3. 4. Bills still under consideration and in preparation: Muslim Marriages Bill Prohibition of Racism, Hate Speech, Xenophobia and Related Intolerance Bill National Prosecuting Authority Amendment Bill Protected Disclosures Amendment Bill f) Subordinate legislation: 1. 11 proclamations were prepared and published under the SIU legislation in terms of which the President authorised the SIU to investigate allegations of impropriety in state institutions. A further 5 were under consideration by end of March 2012. 2. Other noteworthy regulations published: i. Regulations under the Attorneys Act, 1979, dealing with the investment of monies in the Attorneys Fidelity Fund. (May 2011) ii. Practical Guidelines for Employees under the Protected Disclosures Act, 2000. (August 2011) 118

SUMMARY OF LEGISLATIVE ACTIVITIES contd: 7. Summary of legislative activities f) Subordinate legislation contd: iii. Regulations under the Sheriffs Act, 1986, dealing with advisory committees for purposes of appointing sheriffs. (September 2011) iv. Regulations under the Administration of Estates Act, 1965, dealing with fees and tariffs payable to appraisers, fees which were last adapted in 2001. (November 2011) v. Regulations under the Magistrates’ Act, 1993, dealing with the maternity leave, adoption leave and family responsibility leave for magistrates. (January 2012) vi. Two sets of proclamations and notices in terms of which the audio-visual link legislation was implemented were published in October and November 2011, respectively. 119

3. BUDGET OUTCOMES Programme 3 120

Expenditure per Economic Classification Programme 3 121

Year on year Change Programme 3 122

Expenditure per subprogramme Programme 3 123

Major Cost Drivers Programme 3 124