PRESENTATION TO SCOA 2016 ADJUSTMENTS APPROPRIATION BILL 02

PRESENTATION TO SCOA – 2016 ADJUSTMENTS APPROPRIATION BILL 02 December 2016 PRESENTED BY THE SECRETARY GENERAL MS MEMME SEJOSENGWE 1 www. judiciary. org. za

PRESENTATION OUTLINE q PURPOSE OF THE PRESENTATION q MANDATE OF THE DEPARTMENT q VISION, MISSION AND VALUES q OCJ STRATEGIC GOALS q OVERALL PERFORMANCE: 1 ST & 2 ND QUARTER APP REPORT 2016/17 FY q PERCENTAGE DISTRIBUTION BY LEVEL OF ACHIEVEMENT 1 ST- 2 ND QUARTER 2016/17 FY q INDICATORS NOT ACHIEVED AND REMEDIAL MEASURES q REASON FOR THE AENE VIREMENT q SIX MONTHS: BUDGET AND EXPENDITURE – VOTED FUNDS q SIX MONTHS: BUDGET AND EXPENDITURE – DIRECT CHARGE q CONCLUSION 2 www. judiciary. org. za

PURPOSE OF PRESENTATION To present to the Committee the OCJ: q 2016/17 AENE virement request; and q Six months financial performance q Six months non-financial performance 3 www. judiciary. org. za

MANDATE OF THE DEPARTMENT The mandate of the Office of the Chief Justice (OCJ) is to support the Chief Justice in executing administrative and judicial powers and duties as Head of the Judiciary and Head of the Constitutional Court. Functions: q To provide and coordinate legal and administrative support to the Chief Justice; q To provide communication and relationship management services and intergovernmental and international coordination; q To develop courts administration policy, norms and standards; q To support the development of Judicial policy, norms and standards; 4 www. judiciary. org. za

MANDATE cont. q To support the Judicial function of the Superior Courts; q To render administrative support to the Superior Courts; q To support the Judicial Service Commission in the execution of its mandate; q To support South African Judicial Education Institute in the execution of its mandate; and q To administer Judges’ Remuneration and Conditions of Employment Act q Superior Courts Act, 2013 o CJ exercise responsibility over the administration of judicial functions of all courts. o Judges President to assume responsibility over coordination of judicial functions of all courts within each province. 5 www. judiciary. org. za

MANDATE cont. q South African Judicial Education Institute Act, 2008 - The Chief Justice is the Chairperson of the SAJEI Council. SAJEI was established to provide judicial education to all Judicial Officers. The responsibility for the training of Magistrates has been transferred from Justice College to SAJEI since January 2012. q Judicial Service Commission Act, 1994 – The Chief Justice is the Chairperson of the Judicial Service Commission which inter alia is responsible for the recommendation of candidates for judicial appointment and dealing with complaints lodged against Judges. q Judges’ Remuneration and Conditions of Employment Act 47 of 2001 - provides for the remuneration and conditions of employment for all Judges. q Public Finance Management Act, 1999 q Public Service Act & Regulations 6 www. judiciary. org. za

VISION, MISSION AND VALUES Vision A single, transformed and independent Judicial system that guarantees access to justice for all Mission To provide support to the Judicial system to ensure effective and efficient court administration services Values - Respect and protection of the Constitution - Honesty and integrity - Openness and transparency - Professionalism and excellence 7 www. judiciary. org. za

OCJ STRATEGIC GOALS 8 www. judiciary. org. za

OVERALL PERFORMANCE: 1 st & 2 nd QUARTER APP REPORT 2016/17 FY Planned Targets Assessed as Achieved Targets Assessed as Not Achieved APP Quarter 1 18 14 4 APP Quarter 2 20 15 5 Total 38 29 9 9 www. judiciary. org. za

OVERALL PERFORMANCE OF THE OCJ 1 ST & 2 ND QUARTER 2016/17 cont. Overall Performance of the OCJ: 1 st and 2 nd Quarter of the 2016/17 FY Planned Targets 18 20 14 4 APP Quarter 1 38 Targets Not Achieved Targets Achieved 29 15 9 5 APP Quarter 2 Total 10 www. judiciary. org. za

PERCENTAGE DISTRIBUTION BY LEVEL OF ACHIEVEMENT 1 ST – 2 ND QUARTER 2016/17 FY… Percentage distribution by level of achievement of the OCJ for the 1 st and 2 nd quarter 2016/17 78% % Targets Achieved % Targets not 75% Achieved 22% APP Q 1 25% APP Q 2 11 www. judiciary. org. za

TARGETS NOT ACHIEVED AND REMEDIAL MEASURES No QUARTER 1 No Target Remedial Action 1 90% of funded vacant posts filled 65% of audit findings (internal and external) addressed The recruitment process is closely monitored to fast track the filling of posts Operations Committee (OPSCO) to work with unit Heads to address outstanding action plans and Internal Audit unit to conduct follow up audit to provide assurance. 2 3 4 100% of reported fraud cases investigated The Forensic Investigators continually try to improve on the management of witnesses and suspects in order to expedite the interview processes to take statement timeously; and recruitment of one Forensic Investigator underway. 100% of warrants of release The warrant will be faxed to the Main Court immediately after delivered within one day of the been granted. release granted 12 www. judiciary. org. za

TARGETS NOT ACHIEVED AND REMEDIAL MEASURES QUARTER 2 No Target- Q 2 Remedial Action 1 90% of funded vacant posts filled The recruitment process is closely monitored to fast track the filling of posts 2 3 Tender Process Finalised Tender Requirement(Terms of Reference) developed and tender advertised Documents ready and submitted to BAC for approval. Request for Information (RFI) developed, tender not advertised 4 100% of reported fraud cases investigated 5 100% of warrants of release delivered within one day of the release granted Unit to fast track the appointment of the service provider for the forensic computer auditing. The Forensic Investigators continually try to improve on the management of witnesses and suspects in order to expedite the interview processes to take statement timeously. Request for the recruitment of a DD Forensic Investigator to be submitted The protocol has been developed that will address will ensure, amongst other things, that the transmission of the warrant of release will be done by e-mail from the Chief Registrar/ Registrar Criminal Section. 13 www. judiciary. org. za

REASON FOR THE AENE VIREMENT q The OCJ is requesting approval to increase its compensation of employees budget by R 8. 4 million from R 546. 861 million to R 555. 261 million. q The R 8. 4 million is funded from the savings realised in capital expenditure due to implementation of cost containment measures. q The OCJ is in a process of filling key positions at the Superior Courts and Head Office as part of the capacitation process of a new department. q The non filling of key positions might impact negatively on service delivery at the Superior Courts. 14 www. judiciary. org. za

REASON FOR THE AENE VIREMENT cont. q The projected R 8. 4 m shortfall in the personnel budget is due to the following: • The difference of 1. 5% (R 7. 644 million) in cost of living increase. − Salary increase was projected at 5. 5% as per NT guidelines when preparing the 2016/17 ENE budget. The actual increase was however 7%. The shortfall had to be funded within the existing approved baselines. • Filling of key posts for urgent capacitation of a new department − In order to attract experienced personnel for the effective functioning of the OCJ, higher notches had to be offered to some of the key appointments. These posts were budgeted for on the first notch of the salary scale. The estimate additional cost amounts to a projected R 756 thousand. 15 www. judiciary. org. za

SIX MONTHS: BUDGET AND EXPENDITURE – VOTED FUNDS Programme 6 months Budget Projection 6 months Actual Expenditure R’ 000 % Programme 1: Administration 161 173 73 180 77 344 -4 164 -6 Programme 2: Judicial Support and Court Administration 665 972 306 627 299 914 6 711 2 37 845 17 600 14 180 3 420 19 864 990 397 407 391 438 5 967 2 Compensation of employees 546 861 254 236 263 831 -9 595 -4 Goods and services 290 152 128 878 102 121 26 756 21 2 588 877 1 109 -234 -27 25 389 13 416 24 377 -10 960 -82 864 990 397 407 391 438 5 967 2 Programme 3: Judicial Education and Research Total Budget Variance Economic classification Transfers and subsidies Purchase of capital assets Total 16 www. judiciary. org. za

REASONS FOR OVER/UNDER EXPENDITURE (per programme) q The overspending on Programme 1 is due to: § OCJ telephone bill for Superior Courts for the first six months was paid to Do. J&CD (contractual arrangements) in September from Programme 1. The individual cost will be journalised to respective courts in Programme 2 during Q 3. § Payment of e-Filling system for R 6. 9 m which is budgeted for in the Do. J&CD IJS budget. The OCJ has submitted a claim to Do. J&CD and expects reimbursement in Q 3. q The underspending on Programme 2 is due to: § Telephone bill for the Courts paid under Programme 1. Journals to be processed. § Savings effected as a result of cost containment measures. The funds have been reallocated to other priorities during the AENE process, including the request for R 8. 4 m increase of Co. E. q The underspending on Programme 3 is due to: § Postponed judicial training courses. 17 www. judiciary. org. za

REASONS FOR OVER/UNDER EXPENDITURE cont. (per economic classification) q Compensation of Employees § The overspending is as a result of a shortfall in the personnel budget due to the difference in salary adjustments. The shortfall had to be funded within the existing approved baselines. § Higher notches offered to key positions to attract experienced personnel with required skills. q Good and Services § The underspending is due to the re-classification by the Accountant General of the expenditure for Judges’ vehicles from Goods and Services to Finance leases in the capital budget. § The department has reallocated the budget to the finance lease under capital assets during the budget adjustment process. q Transfers and Subsidies § The overspending relates to the payment of: leave gratuity due to termination of personnel since April 2016. The overspending has been rectified during the budget adjustment process. q Purchase of Capital Assets § The overspending is due to the re-classification by the Accountant General of the expenditure for Judges vehicles from Goods and Services to Finance leases in the capital budget. § The department has reallocated the budget to the finance lease under capital assets during the budget adjustment process. 18 www. judiciary. org. za

SIX MONTHS: BUDGET AND EXPENDITURE – DIRECT CHARGE Programme Total Budget 6 months Budget Projections 6 months Actual Expenditure Variance R’ 000 % Judges’ Salaries 920 057 460 028 464 999 -4 971 -1 Direct charge from National Revenue Fund 920 057 460 028 464 999 -4 971 -1 864 991 432 494 427 852 4 642 1 55 066 27 534 37 147 -9 613 -35 920 057 460 028 464 999 -4 971 -1 Economic classification Compensation of employees Transfers and subsidies Total 19 www. judiciary. org. za

REASONS FOR OVER/UNDER EXPENDITURE q The overspending on the Direct Charge is due to leave gratuities paid to Judges. NT has approved a transfer of R 30 million during the budget adjustment process from Do. J&CD to OCJ to cover for the overspending. 20 www. judiciary. org. za

CONCLUSION The OCJ appreciates the opportunity to present its case to SCOA. I THANK YOU 21 www. judiciary. org. za