DEPARTMENTAL ANNUAL REPORT 201617 CONTENTS 1 Introduction 2

DEPARTMENTAL ANNUAL REPORT 2016/17

CONTENTS 1. Introduction 2. Policy Updates 3. Key Legislation developed 4. Performance Overview 5. Organisational Overview 6. Programme Performance 6. 1 Programme 1: Administration 6. 2 Programme 2: Court Services 6. 3 Programme 3: State Legal Services 6. 4 Programme 5: Auxiliary and Associated Services 2 2

1. INTRODUCTION Vision Justice for all in South Africa Mission To administer an efficient and responsive justice system Principles And Values Commitment to constitutional values and a culture of human rights; Rule of law; Excellence; Good Governance; Responsiveness; and Accountability. 3 3

1. INTRODUCTION Strategic Goals The Department of Justice and Constitutional Development (Do. J&CD)’s mandate is to enable all in South Africa to access justice services. In promoting this, the Department continued in the period under review with the pursuance of the following strategic goals: I. Optimisation of the use of the people, processes and technology to meet service delivery and good governance requirements. II. People-centred justice services that are accessible, reliable and efficient. III. Corporatized, cost effective and integrated quality legal services to proactively protect the interest of the state. IV. Promoting of constitutionalism , human right and commitment to international legal relations 4

1. INTRODUCTION 2. POLICY UPDATES (a) Transformation of State Legal Services In line with the Department’s broader Transformation of State Legal Services, the Department embarked on addressing operational challenges within the State Attorney environment. ¡ The State Attorney Amendment Act of 2014 provided for the establishment of a Solicitor-General to oversee state litigation. The Solicitor-General is expected to lead the transformation of the State Attorney environment into a law of choice for the state and legal practitioners in South Africa and to oversee the entire state legal services portfolio. ¡ By the end of the financial year, processes were underway to identify an appropriate entity for State Legal Services as well as appropriate structures and a funding model. Additional resources have been committee to the transformation project and major progress is expected in the 2017/18 financial year. 5 Cont’d 5

1. INTRODUCTION 2. POLICY UPDATES (a) Transformation of State Legal Services Policy initiatives included the following: I. The Tariff Policy which is meant to standardise fee structures throughout State Attorney offices and curb spiralling litigation costs was finalised. II. The State Legal Representation Policy was developed to guide policy on legal representation of executive authorities, Directors-General and other senior management in civil matters. III. The Management of State Litigation Policy was developed to ensure cost-effective and efficient management of state litigation; clarify the roles, responsibilities and accountability of stakeholders in state litigation; and realign functions and processes in the management of state litigation. During the year under review the policy was circulated to key stakeholders for discussion and comment. IV. The Mediation Policy provides guidance to State Attorneys and client departments on the approach to mediation in order to minimise litigation costs where appropriate. This policy requires State Attorneys and Client departments to consider mediation as a first step/attempt in dispute resolution processes. 6 6

1. INTRODUCTION 2. POLICY UPDATES (b) Development of Court Administration/Governance Framework The National Executive and the Judiciary took a decision to increase focus on the development of the Court Administration Framework. This framework will give effect to the Constitution 17 th Amendment, which affirmed the Chief Justice as the Head of the Judiciary and pronounced on his/her responsibility to oversee the administration of courts. An Inter-Ministerial Committee chaired by the Deputy President was established to put together recommendations to Cabinet on an appropriate judicial governance and court administration framework. A Technical Task Team (TTT) chaired by the DG of Do. J&CD was established to provide technical support to the IMC and comprised of representatives of Do. J&CD, Deputy President’s Office; DPSA and DPME. The TTT is mandated to perform tasks and conduct research directed by the IMC. By the end of the 2016/17 financial year, the TTT was in the process of finalising its research and preparing the report for submission to the IMC. It is anticipated that the report will be presented to the during the 2017/18 financial year 7 7

1. INTRODUCTION 2. POLICY UPDATES (c) Policy Framework For The Lower Courts Bill The Bill is intended to rationalise and transform the legislative framework of the lower courts in line with the Constitution. The legislation seeks to overhaul the Magistrates Courts Act of 1944 and transform the Lower Courts in line with the Superior Courts Act, 2013 which is a blueprint for the transformation of all courts. Development of a policy framework to transform Magistrates Courts will be consulted with the Judiciary and this will culminate into a draft bill that is planned for introduction in parliament during the 2017/18 financial year 8 8

1. INTRODUCTION 2. POLICY UPDATES (d) Utilisation Of Services Of Paralegals And Professionalisation Of The Sector The objective of the legislative reform is to provide both the professionalisation and the regulation of the paralegal sector, including the accreditation, training and ethical conduct of paralegals. The Department prepared a discussion document which outlined the key elements for the professionalization of paralegals. These included standardised training requirements; definition of the term paralegal (i. e. who would be considered a paralegal); disciplinary processes and a governing body. Research has been conducted and consultations have taken place with the stakeholders in the sector (including ACAOSA, NADCAO, Law Societies, LSSA, and FHR A task team representative of the stakeholders has been mooted as Reference Group to discuss principles that must form the substance of the Bill. 9 9

1. INTRODUCTION 2. POLICY UPDATES d) Implementation of the Truth and Reconciliation Commission Recommendations i) Draft regulations on Medical Benefits and Other Forms of Social Assistance The Department of Health (DOH) is in the process of amending the National Health Act, 2003, in order to make provision for free health services to be rendered by public health establishments to declared TRC victims and their relatives. Once these amendments are passed by Parliament, the Department will proceed with the draft Regulations providing for special health services to be rendered free of charge to declared TRC victims and their Implementation of the relatives. ii) Community Rehabilitation To achieve the TRC recommendation on rehabilitating whole communities that were subjected to intense acts of violence and destruction during the specified conflict period (31 March 1960 – 10 May 1994), and which are still in distress, the department identified 18 communities (2 per province) for commencement of the first phase of Community Rehabilitation Projects. During the financial year, the remaining 7 of the 18 communities were engaged for discussions regarding rehabilitation projects. 10 10

1. INTRODUCTION 3. LEGISLATIVE PROGRAMME (1) Legislation finalised in Parliament: i. The Justice Administered Fund Bill introduces a proper statutory framework for the management and accounting of monies in trust (Third Party Funds). The Department is working on accompanying regulations. ii. The Protected Disclosures Amendment Bill, is intended to contribute to the fight against fraud, corruption and other improprieties, for instance unfair discrimination and damage to the environment. Implementation of the Legislation implemented: i. The Criminal Matters Amendment Act, 2015, which was passed by Parliament during the 2015/16 financial year, was put into operation with effect from 1 June 2016. This important Act targets copper and other metal thieves and syndicates. While the Act specifically targets copper and cable thieves, its reach will also be felt by rhino poachers. 11 11

1. INTRODUCTION 3. LEGISLATIVE PROGRAMME (3) Legislation in process i. The Judicial Matters Amendment Bill was under consideration by the National Assembly at the conclusion of the 2016/17 financial year. The amendments included: • The Criminal Law Amendment Act, 1997, amended to include the commission of serious offences against older persons; • The Promotion of Equality and. Implementation Prevention of Unfair Discrimination Act, 2000, is being of the amended to include HIV/AIDS status as a prohibited ground of discrimination; • The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, is being amended to further regulate the categories of persons whose particulars must be included in the NRSO; • The Bill includes torture as an offence which does not prescribe after 20 years; • The Sheriffs Act is being amended so as to provide that money in the Fidelity Fund for Sheriffs can be used for the payment, in deserving cases, of the costs for the enforcement of judgments of small claims courts by execution. 12 12

1. INTRODUCTION 3. LEGISLATIVE PROGRAMME (3) Legislation in process ii. The Traditional Courts Bill was introduced into Parliament during the 2016/17 financial year. This Bill has as its main object the creation of a statutory framework which will regulate the functioning of traditional courts in order to replace the existing outdated 1927 Black Administration Act iii. The Cybercrimes and Cybersecurity Bill was also introduced into Parliament during the 2016/17 financial year. The Bill provides a comprehensive the detect and prosecute criminal legislative framework in a single. Implementation statute in order toof prevent, activity in cyber space. iv. The Criminal Procedure Amendment Bill responds to a judgment of the Constitutional Court in the case of De Vos N. O. and Others v Minister of Justice and Constitutional Development and Others. This matter was about compulsory imprisonment of adults and the compulsory hospitalisation or imprisonment of children who are alleged to have committed offences and who are not capable of understanding criminal proceedings against them 13 13

1. INTRODUCTION 3. LEGISLATIVE PROGRAMME (3) Legislation in process (v) The International Arbitration Bill will incorporate the United Nations Commission on International Trade Law (UNCITRAL) Model Law as the cornerstone of the international arbitration regime in South Africa. (vi) The Prevention and Combating of Hate Crimes and Hate Speech Bill was widely distributed and made available in October 2016 for a broad public consultation process which continued to the end of January 2017. Implementation of the 14 14

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 ORGANISATIONAL OVERVIEW 15 15

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 1. Improved Access to Justice Key achievements for the 2016/17 financial year include the following: i. The appointment of The Information Regulator, in terms of the Protection of Personal Information Act (POPI), as well as full-time and part-time Commissioners ii. Divisions of High Courts were aligned with provincial boundaries in Gauteng and Northern West Divisions of High Courts. iii. Northern Cape and Free State provinces completed the alignment of all Magisterial districts to municipal boundaries to enable easier access to justice services. 16 16

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 1. Improved Access to Justice Key achievements for the 2016/17 financial year include the following: i. 34 new Small Claims Courts were established, enabling communities to institute minor civil claims in an affordable manner. To date, 405 small claims courts have been proclaimed and each magisterial district has at least one small claims court. ii. 11 dedicated Sexual Offences court rooms were established in accordance with the Sexual Offences Courts Model. To date, 58 has been proclaimed The second phase of the implementation of SO courts is underway, with 106 further court rooms planned. 17 17

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 2. Service Delivery Highlights Key achievements for the 2016/17 financial year include the following: i. Full implementation of Moja. Pay system was undertaken at 22 Magistrates' and State Attorney Offices and as at the end of the financial year, the system was fully deployed in the Northern Cape and North West provinces, with the Free State province at 50% completion. ii. MOVIT (Master’s Own Verification Information system) has been implemented and used in all 15 Master’s Offices as well as at 183 Magistrate’s Offices (from 74 in the previous year. This has increased access to services for beneficiaries whose funds are held within the Guardian’s Fund. iii. The Paperless Estates Administration System (PEAS), which computerises the administration process related to deceased estates, has successfully been rolled out and is being used by all 15 Master’s Offices countrywide, as well as approximately 206 service points in total. 18 18

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement (f) Implementation of the Truth and Reconciliation Commission recommendations Progress made on the implementation of key TRC recommendations included the following: i) Repatriation of remains of freedom fighters Repatriation of remains assists families to receive closure regarding their loved ones and give them a chance to conduct dignified ceremonies: • On the 1 st of July 2016, spiritual repatriation of three former Mkhondo Wesizwe was successfully conducted by the Minister of Justice and Correctional Services at Freedom Park. • On 30 July 2016 the Minister handed over the remains Mr Norman Pietersen (Billy Holiday) in Paarl Cape Town. • On 11 February 2017 the Minister also handed over 14 remains of the Mbashe cases in Baziya (Mthatha) in the Eastern Cape. 19 19

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement Implementation of the Truth and Reconciliation Commission recommendations Progress made on the implementation of key TRC recommendations included the following: ii) Implementation of Basic Education and Higher Education assistance Regulations in respect of Basic Education and Higher Education and Training came into effect in November 2014. A total of 1104 beneficiaries, 754 for basic and 450 for higher education, were identified for assistance for the 2017 academic year. iii) Individual Reparations The payment of individual reparations of R 30 000 to TRC identified victims was concluded by the end of the 2014/15 financial year. Out of 21 676 TRC identified victims, the department paid R 30 000 to each of the 17398 TRC identified victims that applied 20 20

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 3. Improved Administration Key achievements for the 2016/17 financial year within IJS include the following: i. As at the end of financial period under review, the old Audio Visual Remand Equipment had been replaced with new technically advanced systems in 39 sites. ii. Development of the case integration between SAPS, NPA and the DOJCD was rolled out thereby enabling the capability for case docket information captured by the SAPS being electronically transmitted to the NPA and subsequently to the DOJCD via the IJS transversal hub. This capability includes the creation of the electronic charge sheet and related annexures in NPA. As a result 595 481 cases were processed using the system iii. Progress has been made in addressing system utilisation challenges. Recording of first court appearances on ICMS improved from 55% of courts in May 2016 to 90% of courts. The highest number of cases processed on the hub in a day was recorded as 3 510 on 8 March 2017. 21 21

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 3. Improved Administration Key achievements for the 2016/17 financial year include the following: iv. An advanced Court Recording and Transcription (CRT) solution that enables efficient recording and retrieval of court proceedings, improved quality of audio recordings and secure backup of the recordings at multiple locations was procured and the end of the financial year. The system was successfully implemented across the 9 regions to provide an improved service to the court administration system. 22 22

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 i. The Department received a qualified audit opinion on the Vote Account and Performance Information, as illustrated below. ii. With the exception of Third Party Funds, all other funds sustained clean audits for over 5 years. iii. Third Party Funds received a qualified audit for 2016/17 as a result of prior year corresponding numbers. Audit outcomes for the vote and funds under management Issue 2014/15 2015/16 2016/17 Vote Account Performance Information Funds Under Management Guardian’s Fund Cara Fund 23 President's Fund Third party Funds 23

ORGANISATIONAL OVERVIEW Vote Account – Qualified audit outcome The audit opinion on the Vote account regressed during the financial year under review to a qualification based on non-disclosure of capital work in progress on infrastructure in terms of National Treasury Guide on Modified Cash Standards. i. Major findings 1)Non-disclosure of Capital Work in Progress in terms of National Treasury Guide Department response When preparing the Annual Financial Statements the department relied on and was guided by the National Treasury Instruction of 2001 to use information contained in the DPW PACE report and Z 59 for payment and financial reporting purposes. This instruction was never withdrawn by the National Treasury. Guidelines were published in January 2017 by the Accountant General. There was inconsistency in the interpretation of the requirements between the Department, the Accountant General and the Auditor General. Due to the significant number of infrastructure projects in progress with DPW (521), systems did not allow time to adhere to the guidelines and further requirements on componentisation of work in progress. Action taken by management There are continuous engagements with both the National Treasury and the Auditor General. Further discussions to include DPW (PMT). Next engagement arranged for 9 October 2017). 24

ORGANISATIONAL OVERVIEW Performance Information – One indicator Qualified National Register of Sexual Offences: Validity and accuracy of the database. Remedial Action: • Administrative processes will be improved to ensure that Form 5’s are followed up and signed • Directors Legal will oversee the process for each region • Controls around the NRSO database system will be tightened. 25

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 1. The Department achieved 89 of the 105 planned targets in the Annual Performance Plan of 2016/17. The performance translated to 85% of targets being achieved. 2. The progress on the implementation of the APP was monitored on a monthly basis 3. The chart below depicts the performance of department per programme. 45 Overall Performance Per Programme 40 Number of indicators 35 30 25 20 15 10 5 0 Planned targets Actual achievement Programme 1 14 11 Planned targets Programme 2 19 18 Actual achievement Programme 3 41 32 26 Programme 4 26 23 Programme 5 5 5 26

PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION PROGRAMME PERFORMANCE 27 27

PROGRAMME 1: ADMINISTRATION The purpose of this programme is to provide strategic leadership, management and support services to the Department. Strategic Objectives 1. Increased compliance with prescripts to achieve and sustain the unqualified audit opinions. 2. Implementation of programmes aimed at creating employment opportunities for the youth. 3. Reduction of fraud and corruption in the Department. 4. Increased number of public bodies compliant with the Promotion of Access to Information Act (PAIA , Act 2 of 2000). 28 28

PROGRAMME 1: ADMINISTRATION Strategic Objective 1: Increased Compliance with prescripts to achieve and sustain unqualified audit opinion The Department strives to improve on good governance by implementing mechanisms that ensure that its components follow established policies and processes. However, the Vote Account was qualified due to the manner in which the Department accounted for work-in-progress within the capital works programme. TPF was qualified due to opening balances, even though the rest of the 2016/17 financial report was acceptable. Objective Indicator Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2017 1. Unqualified audit Vote: Unqualified Vote: Qualified Guardian’s Fund: Clean CARA: Clean Criminal Asset Recovery Account (CARA): Clean CARA: Clean TPF: Qualified President Fund: Unqualified President Fund: Clean opinion achieved and sustained on financial statements 29 29

PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 1: Increased compliance with prescripts for good governance 1. The Internal Audit Unit completed 280 audit projects during the period under review, in line with targets. These projects assisted the Department to improve the effectiveness of controls and governance processes. 2. The Department addressed 64 audit findings out of 83 to resolve internal and external audit findings in accordance with the approved Audit Action Plan. This translated to resolution of 77% of the findings. The target was not met due to capacity constraints and some of the interventions period was beyond the financial year under review. 3. During the year under review, four reports were completed. Performance Indicator 1. 1 Number of audit projects completed by Internal Audit 1. 2 Percentage of audit findings addressed to resolve internal and external audit findings 1. 3 Number of quarterly reports on allocated CARA funds completed 30 Actual Achievement 2015/2016 304 Planned Target 2016/2017 280 Actual Achievement 2016/2017 280 81% 91% 77% 3 4 4 30

PROGRAMME 1: ADMINISTRATION Strategic objective 2: Implementation programmes aimed at creating employment opportunities for the youth The Department aims to support youth to gain work experience through internships and learnership and to provide business opportunities to the young people. The baseline information was conducted to determine a number of youth employment opportunities supported and how the department contributed to the youth development. Based on the results of baseline study shows that 4 372 youth were afforded opportunities through both employment and business opportunities. The Department will set appropriate targets to increase opportunities afforded to the youth. Objective indicator Actual Achievement 2015/2016 2. Baseline information report not completed 31 Number of employment opportunities created for the youth Planned Target 2016/2017 Baseline Information report Actual Achievement 2016/2017 Baseline Information report 31

PROGRAMME 1: ADMINISTRATION Strategic objective 2: Implementation programmes aimed at creating employment opportunities for the youth 1. The Department appointed 852 of graduates and learners to internship and learnership programmes. 2. The department has conducted baseline study with regard to youth employed through procurement spending, the results indicates that 3 520 youth benefited from the contracts awarded by the Department. The Department will set appropriate targets to increase business opportunities for the youth. Performance Indicator 2. 1 Number of people appointed on internship and learnership programmes. 2. 2 Percentage of procurement spending on the youth. 32 Actual Achievement 2015/2016 808 Baseline information report not completed Planned Target 2016/2017 850 Baseline information report Actual Achievement 2016/2017 852 Baseline information report 32

PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 3: Reduction of fraud and corruption cases in the department The Department conducted a survey to establish employees’ perception of the state of fraud and corruption in the Department. The results of the survey show that there is an improvement in the level of understanding with regard to the process of reporting fraudulent activities. The Department will continue providing awareness on fraud and corruption by insuring that fraud and corruption is eradicated and high standards of ethical values are maintained Objective indicator 3. Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2017 Percentage of Baseline Survey employees perceiving a Report not Report decrease in fraud and completed corruption Baseline Survey 33

PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 3: Reduction of fraud and corruption in the Department 1. During the year under review, 89 fraud and corruption staff awareness workshops were conducted. 2. The Department recorded 241 alleged cases of fraud and corruption and 216 of these cases were finalised. The target could not be met due to complex matters that needed to be outsourced. 3. At the end of period under review, 154 integrity competence assessments forms or vetting certificates of Senior Management Service members were submitted to the State Security Agency for vetting. Performance Indicator 3. 1 Number of fraud and corruption staff awareness workshops conducted 3. 2 Percentage of forensic investigations finalised Number of Integrity Competence Assessments of Senior Management Services (SMS) completed 3. 3 34 Actual Achievement 2015/2016 56 Planned Target 2016/2017 51 Actual Achievement 2016/2017 89 91% 93% 90% 175 146 154 34

PROGRAMME 1: ADMINISTRATION DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic objective 4: Increased number of public bodies’ compliance with the Promotion of Access to Information Act (PAIA) of 2000 The Department, as the administrator and coordinator of PAIA is responsible for facilitation of the implementation of PAIA throughout the three spheres of government and other public bodies. During the year under review, a survey of public bodies was conducted to determine their level of compliance with PAIA and 63 public bodies were found to be fully compliant. Objective indicator 4. 35 Number of Public Bodies fully compliant with PAIA Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2017 102 61 63 35

PROGRAMME 1: ADMINISTRATION Strategic objective 4: Increased number of public bodies’ compliance with the Promotion of Access to Information Act (PAIA) of 2000 1. The Department processed 224 PAIA requests, of which 201 requests were finalised within the prescribed period. This represented to 90% of all PAIA requests. 2. To ensure compliance with PAIA, the Deputy Information Officer of the Department is required to provide training within various public bodies. During the year under review the Office of the Deputy Information Officer conducted PAIA training at 85 public bodies. Performance Indicator 4. 1 Percentage of PAIA requests processed within 60 days 4. 2 Number of Public Bodies trained on implementing PAIA 36 Actual Achievement 2014/2015 Planned Target 2015/2016 Actual Achievement 2015/2016 99% 90% 57 55 85 36

PROGRAMME PERFORMANCE PROGRAMME 2: COURT SERVICES 37 37

PROGRAMME 2: COURT SERVICES The purpose of this programme is to facilitate the resolution of criminal and civil cases, and family disputes by providing accessible, efficient and quality administrative support to the courts. Strategic objectives 5. Improved finalisation of criminal cases in support of Outcome 3: All people in South Africa are and feel safe. 6. Improved court-based services to achieve client satisfaction within the vulnerable groups. 7. Increased protection of the best interest of children and promotion of family cohesion through mediation services. 8. Increased access to justice services to historically marginalised communities. 9. Improved level of compliance with quasi-judicial standards of service. 38 38

PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 5: Improved finalisation of criminal cases in support of Outcome 3: “All people in South Africa are and feel safe” The aim of the case backlog project is to achieve a reduction in criminal cases on the roll and to ensure that the inflow of new cases is balanced by matters concluded as well as greater court efficiency and effectiveness. During the period under review, the number of criminal cases on a backlog in the lower courts was reduced to 30 925 Objective Indicator 5. 39 Number of criminal cases on the backlog roll in lower courts Actual Achievement 2015/2016 47 324 Planned Target 2016/2017 31 942 Actual Achievement 2016/2017 30 925 39

PROGRAMME 2: COURT SERVICES Strategic objective 5: Improved finalisation of criminal cases in support of Outcome 3: “All people in South Africa are and feel safe” 1. A total 262 cases out of 141 678 outstanding cases on the court roll were postponed due to unavailability of court administrative staff. 2. A baseline Information report was developed and the results show that 97% of criminal matters were finalised within 6 months after the accused had pleaded to the charge 3. The baseline report indicated that 64% of accused persons pleaded to the charge within 3 months from date of first appearance in court. The two baseline reports will enable the Judiciary to set performance targets. 4. The Criminal Justice System (CJS) Reform Business Plan was approved by Cabinet and indicators planned were implemented (which included approval of the Framework for the CJS and appointment of a structure to oversee implementation Performance Indicator 5. 1 Percentage of criminal cases postponed due to unavailability of court administration staff Actual Achievement 2015/2016 0. 17% 5. 2 Percentage of criminal matters finalised within 6 months after the accused has pleaded to the charge 5. 3 Percentage of accused pleaded to the charge within 3 months from date of first appearance in the magistrates court 5. 4 Percentage of indicators on the CJS Business Plan CJS business 40 achieved plan not Planned Target 2016/2017 0. 3% Actual Achievement 2016/2017 0. 18% Baseline information report 100% 40

PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 2 Strategic objective 6: Provide improved court-based services to achieve client satisfaction within the vulnerable groups The Department seeks to address the challenges that affects victim of sexual abuse by conducting survey to establish the level of satisfaction on court-based services to victims of sexual crimes accessing these courts in order to improve the services at the designating sexual offences courts. There is an increase in the overall victim satisfaction with the court-based services provided to victims of sexual crimes accessing these courts when compared to previous year, from 48% in the 2015/16 financial year to 69% in the 2016/17 financial year. Objective Indicator 6 41 Percentage of complainants’ satisfied with courts-based support services Actual Achievement 2015/16 Baseline Survey completed Planned Target 2016/17 Survey Actual Achievement 2016/17 Survey completed 41

PROGRAMME 2: COURT SERVICES Strategic objective 6: Provide improved court-based services to achieve client satisfaction within the vulnerable groups 1. The Department recorded 40 991 maintenance cases where defendants were served with proper service of process and 33 638 cases were finalised within 90 days after proper service of process has been served. 2. The total number of convictions registered electronically on the NRSO was 3504 which However, this number was not verified by AG during the audit. A process has been put in place to address issues that were identified 3. For the period under review, 11 courtrooms were upgraded to dedicated sexual offences courtrooms Performance Indicator Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2017 6. 1 Percentage of maintenance matters finalised within 90 days after proper service of process (9 pilot sites) 85% 60% 82% 6. 2 Percentage of convictions recorded electronically on the (NRSO) 100% - - 6. 3 Number of sexual offences court rooms established 14 8 11 42

PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 2 Strategic objective 7: Increased protection of the best interest of children and promotion of family cohesion through mediation services The Office of the Family Advocate (OCFA) was established after the promulgation of the Mediation in Certain Divorce Matters Act, 1989. To this end, OCFA provides professional services to members of the public and the courts, with children being the main beneficiaries. The cases form part of a litigation or non-litigation process. During the year under review, 26 586 children were assisted through family advocate interventions, against the target of 15 120. The office of the Family Advocate conducted awareness campaigns throughout the nine provinces. Objective Indicator Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2017 7. 23 481 15 120 26 586 Number of children assisted through family advocate interventions 43 43

PROGRAMME 2: COURT SERVICES Strategic objective 7: Increased protection of the best interest of children and promotion of family cohesion through mediation services The Department continues to conduct awareness campaigns in various regions and establishment of new offices, which led to the citizens being aware of the services offered by the Office of the Family Advocate. During the year under review, 10 821 non-litigation family law matters were registered and 9 210 of these matters were finalised, which represents 85% of cases. For litigation cases where reports needed to be filed at courts, 9 563 reports were filed and 8 714 of those reports were filed within 15 days of completion of the enquiry, which represents 91% of cases. Performance Indicator Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2017 7. 1 Percentage of non-litigation family law matters finalised 86% 80% 85% 7. 2 Percentage of family advocates’ court reports filed within 15 days of completion of enquiry 92% 90% 91% 44 44

PROGRAMME 2: COURT SERVICES Strategic objective 8: Increased access to justice services to historically marginalised communities The baseline survey report assessed how clients perceive an increase in access to justice system that was conducted in Limpopo and Mpumalanga regions in courts rationalised into municipal boundaries. The overall results of the survey reveal that respondents appreciate implementation of the rationalisation initiative because they believe that the initiative has improved service delivery since people are able to access justice services nearer to where they stay. Objective Indicator 8. Percentage of clients perceiving an increase in access to justice services 45 Actual Achievement 2015/2016 Baseline Survey report not completed Planned Target 2016/2017 Actual Achievement 2016/2017 Baseline Survey report 45

PROGRAMME 2: COURT SERVICES Strategic objective 8: Increased access to justice services to historically marginalised communities 1. During the year under review, 34 new Small Claims Courts were established. And this brought the number of Small Claims Courts in the country to 405. 2. Magisterial districts were aligned to municipal boundaries in Northern Cape and Free State Province 3. The process of aligning divisions of High Courts with provincial boundaries was undertaken in Gauteng and Northern West Divisions of High Courts. Performance Indicator Actual Achievement 2015/2016 8. 1 40 30 34 2 2 2 8. 3 46 Number of Small Claims Courts established Number of provinces where magisterial districts are aligned with municipal boundaries Number of Divisions of High Courts aligned with Provincial Boundaries Planned Target 2016/2017 Actual Achievement 2016/2017 46

PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 2 Strategic objective 9: Improved level of compliance with quasi-judicial standards of service Quasi-Judicial standard of service is part of the Service Standards which were developed in terms of the service delivery charter. This charter takes into account all policies, legislation and other mandates for which the Department is responsible for and it reflects a statement of Public Service Commitment of the Department. The Baseline study was commissioned to assess the level of compliance with the quasijudicial standards of service in respect of Default Judgements and Unopposed Taxations matters dealt with the clerks of the courts. The results indicated that 65 465 matters dealt with clerks of court were in compliant with quasi-judicial standards of service for both Default Judgements and unopposed taxations matters during the period under review. Objective Indicator 9 47 Number of cases dealt with in accordance with quasi -judicial standards of services Actual Achievement 2015/2016 Baseline Study not completed Planned Target 2016/2017 Baseline Study Actual Achievement 2016/2017 Baseline Study completed 47

PROGRAMME 2: COURT SERVICES Strategic objective 9: Improved level of compliance with quasi -judicial standards of service 1. The Department received a total of 57 649 requests for default judgments of which 55 784 were dealt with by the clerk of the court within 14 working days of receipt which performance translate into 97%. 2. The Department processed 9 812 taxation matters of which 9 681 were processed within 14 working days from the date matters were set down. Performance Indicator 9. 1 Percentage of requests for default judgments dealt with by the clerk of the court within 14 working days of receipt (district courts) 9. 2 Percentage of unopposed taxations processed within 14 working days from the date the matter is set down (district courts) 48 Actual Achievement 2015/2016 87% Planned Target 2016/2017 96% Actual Achievement 2016/2017 97% 98% 97% 99% 48

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES 49 49

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 The purpose of this programme is to provide legal and legislative services to government, supervise the registration of trusts and the administration of deceased and insolvent estates and estates undergoing liquidation, manage the Guardian’s Fund and prepare and promote legislation. In addition, the Department facilitates constitutional development and undertakes research in support of this. Strategic objectives 10. Increased efficiency in the provision of masters services to all beneficiaries thereof. 11. Improved management of litigation on behalf of the State to reduce litigation costs and transform the legal profession. 12. Enhanced reintegration of petty offenders into socio-economic environment. 13. Provision of quality legal advisory services that pass constitutional muster. 14. Fulfilment of international obligations by the Department. 15. Development of legislative instruments that withstand constitutional challenges. 16. Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights. 17. Implementation of the TRC recommendations, as approved by Parliament, for the purposes of contributing to healing the wounds of the past and restoring human dignity. 50 50

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic objective 10: Increased efficiency in the provision of masters’ services to all beneficiaries thereof i. In pursuit of service excellence, the Department monitors cases relating to all functions provided to the public in order to assess the number of beneficiaries that received services which will assist in continuous improvement of service delivery. A total of 302 684 cases were handled by the Master of the High Court. Objective Indicator 10 Number of cases handled by Master of the High Court 51 Actual Planned Actual Achievement Target 2016/2017 2015/16 2016/2017 - 279 673 302 684 New indicator 51

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic objective 10: Increased efficiency in the provision of masters’ services to all beneficiaries thereof 1. 140 412 letters of appointments in deceased estates were issued, of which 135 315 were issued within 15 days of receipt of all required documents. 2. 51 456 accounts in large estates were examined and 48 864 were examined within 15 days of receipt of all required documents. 3. 54 828 beneficiaries were in receipt of Guardian’s Fund services and 47 471 were in receipt of these services within 40 days of receipt of all the required documents. Target not achieved due to system challenges which resulted in delays and backlogs Performance Indicator 10. 1 10. 2 Percentage of letters of appointment issued in deceased estates within 15 days of receipt of all required documents Actual Achievement 2015/16 92% Percentage of liquidation and distribution 92% accounts in large estates (> R 125 000) examined within 15 days from receipt of all required documents 93% 10. 3 Percentage of beneficiaries in receipt of services within 40 days from receipt of all 52 required documents (Guardian’s Fund) Planned Target 2016/17 92% Actual Achievement 2016/17 96% 93% 95% 92% 87% 52

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic objective 10: Increased efficiency in the provision of masters’ services to all beneficiaries thereof 4. 10 835 certificates of appointment in bankruptcy matters were issued, of which 10 064 were issued within 10 days of receipt of all the required documents. 5. A total of 8 573 liquidation and distribution accounts in bankruptcy matters were examined and 8 273 were examined within 15 days of receipt of all the required documents Performance Indicator Actual Planned Achievement Target 2015/16 2016/17 Actual Achievement 2016/17 10. 4 Percentage of certificates of appointment issued in all bankruptcy matters within 10 days from receipt of all required documents 91% 93% 10. 5 Percentage of liquidation and 96% distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents 95% 97% 53 53

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic objective 10: Increased efficiency in the provision of masters’ services to all beneficiaries thereof 6. A total of 36 652 letters of authority in trusts were issued, of which 33 092 were issued within 14 days of receipt of all the required documents. 7. The Department registered 130 315 new deceased estates, of which 127 363 were processed on PEAS. Performance Indicator Actual Planned Achieveme Target nt 2015/16 2016/17 Actual Achievement 2016/17 10. 6 Percentage of letters of authority issued in trusts within 14 days from receipt of all required documents 87% 90% 10. 7 Percentage of new deceased estates registered on the Paperless Estate Administration System (PEAS) 96% 95% 98% 54 54

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 11: Improved Management of Litigation on Behalf of the State to Reduce Litigation Costs and Transform the Legal Profession i. One of the priorities of the Department is to curb litigation costs in order to enable government to put valuable state resources to good use. In order to set performance going forward, a baseline study was conducted to determine the reduction in litigation costs. The litigation costs incurred for 2016/17 financial period amounted to R 1 602 696 820. 56 (R 1. 6 billion). This amount will be used from 2017/18 financial year to determine whethere is a reduction in litigation costs against the State. Objective Indicator 11. Percentage reduction in litigation costs against the state 55 Actual Achievement 2015/16 - Planned Target Actual 2016/17 Achievement 2016/17 Baseline information report Report completed 55

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 11: Improved Management of Litigation on Behalf of the State to Reduce Litigation Costs and Transform the Legal Profession 1. During the year under review, an amount of R 709 119 045 was allocated to counsel in state litigation matters, of this amount, R 565 938 638 was allocated to PDI counsel. 2. A total of 1 261 litigation matters were finalised and in 1 224 of those matters the Department made savings on damages claimed. 3. Two policies, namely, Management of State Litigation and State Legal Representation policies were endorsed by the departmental Executive Committee. Performance Indicator Actual Planned Achievement Target 2015/16 2016/17 11. 1 Percentage value of briefs allocated to 80% 77% previously disadvantaged individuals counsel 11. 2 Percentage of finalised damages 96% 90% claims where costs were reduced Actual Achievement 2016/17 79% 11. 3 Number of policies developed and submitted to the Executive of the 56 department for endorsement 2 1 2 97% 56

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 12: Enhance reintegration of petty offenders into socioeconomic environment i. The Department is mandated to handle expungement of certain criminal records in respect of individuals who qualify under law. ii. Criminal records of these individuals are cleared, thereby enhancing their reintegration into the socio-economic environment. Objective Indicator 12. 57 Number of offenders whose convictions were cleared to facilitate reintegration into the socio-economic environment Actual Planned Achievement Target 2015/2016/2017 11 280 14 000 Actual Achievement 2016/17 12 232 57

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 12: Enhance reintegration of petty offenders into socioeconomic environment 1. To ensure speedy finalisation of the applications for expungements, the Department has set performance standards at which services should be finalised within three months after receipt of application form. During the year under review, the Department finalised 19 156 applications for expungements cases and 16 088 of those cases were finalised within three months of receipt of all required documents. Performance Indicator 12. 1 58 Actual Planned Achievement Target 2015/2016/2017 Percentage of 75% expungements completed within three months 75% Actual Achievement 2016/2017 84% (16 088 of 19 156) 58

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 13: Provision of legal advisory services that pass Constitutional muster i. The Office of the Chief State Law Adviser provides legal advice and guidance to the State on its proposals, legislation and international agreements and ensures that potential litigation against the State, on constitutional and other legal grounds, is considerably reduced. ii. One legislative instrument that was certified by the CSLA was successfully challenged in court for constitutionality. The court found a number of sections of the Independent Police Investigative Directorate Act of 2011, which were relating to the powers of the Minister, invalid. . Objective Indicator 13. Percentage of legislative instruments and international agreements which can be successfully challenged in court for constitutionality Actual Achievement 2015/2016 <2% constitutional challenges Planned Target 2016/2017 <2% constitutional challenges Actual Achievement 2016/2017 <1% * constitutional challenges * - A number of Acts that were declared unconstitutional were not certified within the reporting period of 2010/11 to 2016/17 financial years (outside the period stipulated for the indicator) - The finding on the Pres. Al Bashir matter involved a legal opinion sought on the process and 59 59 not an issue relating to the international agreement.

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 13: Provision of quality legal advisory services that pass Constitutional Muster The Office of State Law Adviser continues to provide legal advisory services to the executive and all State departments. The performance is reflected on tables below. Performance Indicator Actual Planned Achievement Target 2014/15 2015/16 Actual Achievement 2015/16 13. 1 Percentage of legal opinions finalised within 30 days of date of receipt 96% 70% 96% (736 of 765) 13. 2 Percentage of preliminary opinions on draft bills for Cabinet’s consideration completed within 40 days of the date of receipt 97% 70% 95% (90 of 95) 13. 3 Percentage of bills and subordinate legislation finalised within 40 days of the date of receipt 96% 70% 92% (187 of 204) 60 60

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 13: Provision of quality legal advisory services that pass Constitutional Muster The performance is reflected on tables below Performance Indicator 13. 4 Percentage of International Agreements and accompanying legal opinions finalised within 30 days of the date of receipt 13. 5 Percentage of draft bills approved by Cabinet for introduction finalised within 40 days of receipt of the instruction 13. 6 Percentage of translations finalised within 55 days from the date of receipt 61 Actual Achievement 2015/16 98% Planned Actual Target Achievement 2016/17 70% 95% (222 of 234) - 75% 100% (27 of 27) 93% 84% 92% (256 of 278) 61

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 14: Fulfilment of international obligations by the Department i. South Africa is party to and participates in numerous multilateral fora that deal with public international human rights law, humanitarian law, international criminal law and private international law. These include the International Criminal Court (ICC), The Hague Conference on Private International Law (HCCH), the International institute for the Unification of Private Law (UNIDROIT), the United Nations (UN), the African Union (AU), The Asian-African Legal Consultative Organisation (AALCO), the Southern African Development Community (SADC) and the Commonwealth. ii. The baseline report was conducted, which shows that 80% of international obligations were complied with. The Department will continue ensuring that all international obligations are complied with. Objective Indicator 14 62 Percentage compliance with international obligations Actual Planned Actual Achieveme Target Achievement nt 2016/2017 2015/2016 Baseline Information report completed 62

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 14: Fulfilment of international obligations by the Department Country reports completed Ø Ø Universal Periodic Review Report (UPR) and International Covenant on Social, Economic and Cultural Rights Report (ICESCR) Ratifications not completed Ø Ø International Convention of Suppression and Punishment of the Crime of Apartheid (ICSPCA) International Convention for the Protection of All Persons from Enforced Disappearances (ICPPED) The Optional Protocol to the Convention against Torture (OPCAT) The Declaration to allow individuals direct access to the African Commission and the Malabo Protocol Performance Indicator 14. 1 Number of country reports and ratifications tabled timeously Actual Achievement 2015/2016 0 country reports Planned Target 2016/2017 2 country reports 4 ratifications 63 NB The above ratification matters are under re-consideration Actual Achievement 2016/2016 2 country reports 63

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 14: Fulfilment of international obligations by the Department 2. The Department processed 169 valid requests for extradition and mutual legal assistance in criminal matters and 113 requests were finalised within 25 days. 3. The Mutual Legal Assistance Treaty with the UK and the Treaties with the United Arab Emirates were presented before the Development Committee in January 2017 and the JCPS Cluster in March 2017. Treaties are normally presented in a number of committees before Cabinet consideration and approval. Delays in these consultative processes led target not being met. Performance Indicator Actual Achievement 2015/2016 Planned Target 2016/2017 Actual Achievement 2016/2016 77% 90% 67% 2 0 14. 2 Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed within 25 days (notification) 14. 3 Number of bilateral agreements 0 concluded 64 64

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 15: Development of legislative instruments that withstand constitutional challenges I. The Department therefore strives at all times to ensure that legislative instruments developed and enacted are constitutionally sound. II. During the financial period under review, there was no recently developed legislative instrument developed that was considered unconstitutional. Objective Indicator Actual Achievement 2015/2016 0% 15. Percentage of legislative instruments successfully challenged for constitutionality challenged Planned Target 2016/2017 < 2% successfully challenged Actual Achievement 2016/2017 0% successfully challenged ¡ During the year under review, no legislation drafted by the Department since 2010 were found to be unconstitutional. On 13 September 2016, the Constitutional Court declared section 65 J(2)(a) of the Magistrates’ Courts Act, 1944, inconsistent with the Constitution and invalid on issues of emolument attachments. However this Act was drafted outside of the reporting period. ¡ Other matters are not yet finalised in courts. 65 65

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 15: Development of legislative instruments that withstand constitutional challenges 1. A total of 25 legislative instruments were submitted to the Minister for approval. 2. During the year under review, 15 research papers were completed and consideration at the SALRC. 3. Thirteen amendments to the court rules and forms were approved by the Rules Board. 4. A total of 31 socio-economic impact assessments were submitted to the DPME for certification. Performance Indicator 15. 1 Number of legislative instruments submitted to the Minister for approval Actual Achievement 2015/2016 26 Planned Actual Target Achievement 2016/2017 2016/2016 25 25 15. 2 Number of research papers completed 19 15 15 15. 3 Number of court rules completed 15 13 13 15. 4 Number of SEIAS reports submitted to DPME for certification - 15 31 66 66

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights i. A survey was conducted to determine level of knowledge of the Constitution by members of the public. ii. The results indicate that 51% of people interviewed are aware of the Constitution as compare to 45% in the prior year. iii. Even though the target has not being met, there is an improvement 13%. Objective Indicator 16 Percentage of people with awareness of the Constitution 67 Actual Achievement 2015/2016 46% Planned Actual Target Achievement 2016/2017 59% 51% 67

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights The Department, in partnership with the Foundation for Human Rights (FHR), has implemented a multi- year programme called “Social- Economic Justice for All” (SEJA) which is funded by the European Union. 1. The initiatives were conducted through radio stations, television and other media to promote awareness and knowledge of the Constitution. There were 9 844 205 people reached through these initiatives during the 2016/17 financial year. 2. A total of 16 programmes to increase awareness and knowledge of constitutional rights were implemented. Performance Indicator Actual Planned Actual Achievemen Target Achievement t 2015/2016/2017 16. 1 Number of people reached by programmes to raise awareness and knowledge of the constitution 5. 9 million 4 million 9 844 205 16. 2 Number of programmes to increase awareness and knowledge of constitutional rights implemented - 14 16 68 68

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights 3. A total of 143 grants were awarded to civil society organization and community advice offices. 4. Four research reports on the implementation of socio economic rights have been completed. Performance Indicator 16. 3 Number of grants awarded to civil society organisations working in the human rights sector 16. 4 Number of research projects conducted on the implementation of socio economic rights 69 Actual Planned Actual Achievemen Target Achievement t 2015/2016/2017 121 grants 140 143 3 3 4 69

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights 5. The Prevention and Combating of Trafficking in Persons and the Draft National Policy Framework were finalised and thoroughly consulted at national level and 9 provinces through relevant Committees. The inputs were received from Stakeholders and presented to DEVCOMM. The planned target was not achieved due to extensive consultations. 6. A total of 21 public policy dialogues were held with stakeholders in the human rights sector. 7. The NAP consultative process has been completed, thus far, a total of 104 municipalities participated in the NAP dialogues. Performance Indicator 16. 5 Policy Framework of Prevention and Combating of Trafficking in Persons submitted to Parliament by target date Actual Planned Actual Achievement Target Achievement 2015/2016/2017 31 August 2016 16. 6 Number of policy dialogues held with stakeholders in human rights sector 22 3 21 16. 7 Number of municipalities which participated in the NAP dialogues 77 70 104 70 70

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights 8. Cabinet approved the draft NAP for public consultation during the reporting period. The target to finalise the Plan was not met due to extension of the deadline for submission of comments from 30 June to 30 August 2016 9. Eleven anti-xenophobia campaigns were conducted. The Department has embarked on initiatives to raise awareness of the challenges faced Performance by refugees, which Indicator include discrimination, xenophobia In the Actual and related Plannedintolerances. Actual year under rev The Department has embarked on initiatives. Target to raise awareness of the Achievement challenges faced by eleven anti-xenophobia campaigns were conducted. nt 2016/2017 2015/2016 71 16. 8 National Action Plan to combat racism, racial discrimination, xenophobia, and related intolerance submitted to Cabinet by target date - 31 March 2016 - 16. 9 Number of sustained and visible antixenophobia campaigns conducted - 6 11 71

PROGRAMME 3: STATE LEGAL SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 17: Implementation of the TRC recommendations, as approved by Parliament, for purposes of contributing to healing the wounds of the past and restoring human dignity The Department identified communities for the completion of the needs analysis as part of implementing the recommendations of the Truth and Reconciliation Commission. Stakeholder engagements were conducted in Wesselton (Mpumalanga), Taung (North West), Crossroads (Western Cape), Kwa-Nobuhle (Eastern Cape), Ka-Nyamazana (Mpumalanga), Nyanga (Western Cape), and Bambayi (Kwa. Zulu Natal) and community dialogues were held at all seven communities. The draft needs analysis reports were completed, however, not approved. The delays in the approval of the draft needs analysis report led target not achieved. Performance Indicator Actual Planned Actual Achievement Target Achievement 2016/2016/2017 17. 1 Number of needs analysis completed in TRC listed communities 0 72 7 0 72

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 PROGRAMME PERFORMANCE PROGRAMME 5: AUXILLIARY SERVICES 73 73

PROGRAMME 5: AUXILLIARY SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 i. The purpose of this Programme is to provide a variety of auxiliary services associated with the Department’s aim and to fund transfer payments to the South African Human Rights Commission, the Office of the Public Protector, Legal Aid South Africa, the Special Investigation Unit, the Represented Political Parties’ Fund. These entities report separately. ii. Within this programme, there is a sub-programme Justice Modernisation which is responsible for the design and implementation of IT infrastructure for integration of business processes within the Criminal Justice System. Strategic objective 21: Functional integrated electronic criminal justice system (CJS) to monitor the performance of the criminal justice established 74 74

PROGRAMME 5: AUXILLIARY SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 21: Functional integrated electronic criminal justice system (CJS) to monitor the performance of the Criminal Justice System established i. The programme has five key priorities for the integration of information and communication technology, namely : 1. 2. 3. 4. 5. CJS Single Person Identifier, Person Identification Verification Application, including criminal record “fast check”, case management integration, 28 key performance indicator reporting dashboard and single transversal data store for JCPS cluster statistical requirements. ii. The DOJ’s key deliverable lies in the finalisation of the 28 KPI dashboard. As at the end of 2016/17 financial year, 18 KPIs were uploaded and deployed to the KPI Dashboard in order to measure and monitor the KPIs. Objective Indicator 21. 75 Number of KPIs on the integrated criminal justice system Actual Achievement 2015/16 14 Planned Target 2016/17 18 Actual Achievement 2016/17 18 75

PROGRAMME 5: AUXILLIARY SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 21: Functional integrated electronic Criminal Justice System to monitor the performance of the Criminal Justice System established 1. The Department completed 60% of ICMS criminal enhancement. The modernisation included enhancement to ICMS criminal, improvements of the reports and additional functionality to support the case flow was added to the ICMS criminal. 2. During 2016/17 financial year, 595 481 cases were processed from SAPS dockets, to NPA enrolment and to DOJCD proceedings. By the end of the financial , there were 1 155 police stations connected, 470 NPA connections and 468 DOJCD courts connected. Performance Indicator 3. 21. 1 Percentage completion of the Integrated Case Management System (ICMS) for Criminal enhancement 76 Actual Achievement 2015/16 50% Planned Target 2016/17 60% Actual Achievement 2016/17 60% 76

PROGRAMME 5: AUXILLIARY SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 21: Functional integrated electronic Criminal Justice System to monitor the performance of the Criminal Justice System established 2. During 2016/17 financial year, four key performance indicators to the IJS performance dashboard were uploaded in the IJS data warehouse , in addition to the existing 14 achieved KPIs uploaded in the prior financial year, these measures are listed below: i. iii. iv. the safe custody rate accommodation rate escape rate manage crime scene. Performance Indicator 21. 2 Number of KPI data uploaded to the IJS data warehouse 77 Actual Achievement 2015/16 - Planned Target 2016/17 18 Actual Achievement 2016/17 18 77

PROGRAMME 5: AUXILLIARY SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 21: Functional integrated electronic Criminal Justice System to monitor the performance of the Criminal Justice System established 3. During the period under review, the system functionalities were achieved towards the development of IJS HUB and data warehouse. Performance Indicator 21. 3 Percentage completion of IJS hub and data warehouse platform enhancement 78 Actual Achievement 2016/17 - Planned Target 2016/17 60% Actual Achievement 2016/17 60% 78

PROGRAMME 5: AUXILLIARY SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 21: Functional integrated electronic Criminal Justice System to monitor the performance of the Criminal Justice System established 4. The AVR system links magistrates’ courts to correctional detention centres via closed-circuit television. During the year under review, 13 443 postponements were conducted via the AVR system. Performance Indicator 21. 4 Number of criminal cases postponed via the audio visual remand system (AVR) 79 Actual Achievement 2015/16 11 329 Planned Target 2016/17 12 000 Actual Achievement 2016/17 13 443 79

2. CONTEXT THANK YOU 80 80