The Department of Justice & Constitutional Development. Strategic Plan 2015/20

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1 The Department of Justice & Constitutional Development Strategic Plan 2015/20

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3 The Department of Justice & Constitutional Development Strategic Plan 2015/20

4 Table of Contents FOREWORD BY THE MINISTER... 6 FOREWORD BY THE DEPUTY MINISTER INTRODUCTION MISSION, VISION AND VALUES OF THE DEPARTMENT Our vision Our mission Our principles and values LEGISLATIVE AND OTHER MANDATES Constitutional mandates Legislative mandates POLICY MANDATES The National Development Plan The importance of the JCPS Cluster The Constitution as the basis for the transformation of the justice system Future Policies SITUATIONAL ANALYSIS Environmental scan The Socio-economic environment Legal and criminal justice environment The information technology environment Organisational context Financial Information and communication technology Escalating safety and security costs Infrastructure and the expansion of justice services Litigation against the state Fraud and corruption Service Delivery Environment Human resource management Stakeholders The donor community Chapter 9 institutions International bodies DESCRIPTION OF THE STRATEGIC PLANNING PROCESS COLLECTION OF DATA

5 8. RISK MANAGEMENT STRATEGIC GOALS OF THE DEPARTMENT PART B: STRATEGIC OBJECTIVES PROGRAMME OBJECTIVES AND ALIGNMENT WITH THE NATIONAL DEVELOPMENT PLAN PROGRAMME 1: ADMINISTRATION Resource consideration PROGRAMME 2: COURT SERVICES Strategic objectives Resource consideration PROGRAMME 3: STATE LEGAL SERVICES Strategic objectives Resource consideration PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES Introduction Strategic objectives Resource consideration LONG-TERM INFRASTRUCTURE PLAN CONDITIONAL GRANTS PUBLIC ENTITIES PUBLIC-PRIVATE PARTNERSHIPS

6 ACRONYMS AND ABBREVIATIONS AALCO ACCC ACTT AFU APP AU AVR CARA CAS CFA CJRP CJS CJS DCS DIRCO DOH DoJCD DPSA DPW DSD ECCH ECMS EHWP EE EFT ENE ER ICC ICMS ICT IJS JCPS Anti-Corruption Consultative Organisation Anti-corruption Coordinating Committee Anti-corruption Task Team Asset Forfeiture Unit Annual Performance Plan African Union Audio Visual Remand Criminal Assets Recovery Account Case Administration System Chief Family Advocate Civil Justice Reform Project Civil Justice System Criminal Justice System Department of Correctional Services Department of International Relations and Cooperation Department of Health Department of Justice and Constitutional Development Department of Public Administration and Service Department of Public Works Department of Social Development Hague Conference on Private International Law Electronic Case Management System Employee Health and Wellness Programme Employment Equality electronic fund transfer Estimates of National Expenditure Employee Relations International Criminal Court Integrated Case Management System Information and Communication Technology Integrated Justice System Justice, Criminal, Prevention and Security 4

7 JSC LGBTI MACC MTEF MTSF NPA NDP NGO NOC NRSO OCSLA OSD PAIA PAJA PDI PEAS PEC PESTEL PMIS POPI PPP SAJEI SAPS SARS SDIP SDOT SIU SMART SONA SOPs TRC UN Judicial Service Commission Lesbian, bisexual, gay, transgender and intersex Minimum Anti-corruption Capacity Medium-term Expenditure Framework Medium-term Strategic Framework National Prosecuting Authority National Development Plan Non-governmental organisation National Operation Centre National Register for Sex Offenders Office of the Chief State Law Advisor Occupation-specific Dispensation Promotion of Access to Information Act Promotion of Administrative Justice Act Previously Disadvantaged Individual Paperless Estate Administration System Public Education and Communication Political, Economic, Social, Technological, Environment and Legal Property Management Information System Protection of Personal Information Act Public-private Partnership South African Judicial Education Institute South African Police Service South African Revenue Service Service Delivery Improvement Plan Service Delivery and Organsational Transformation Special Investigating Unit Specific, Measureable, Attainable, Relevant and Time-bound State of the Nation Address Standard Operating Procedures Truth and Reconciliation Commission United Nation UNIDROIT International Institute for the Unification of Private Law 5

8 Foreword by the Minister The people of South Africa have given the African National Congress a mandate to continue with transformation programmes that began since the dawn of democracy. I am proud of the work done by the previous office and endeavor to lead this Department towards another successful MTSF period. The next five years will focus on the implementation of the National Development Plan We will work jointly with the JCPS Cluster departments and entities to deliver according to this plan as well as the Medium Term Strategic Framework that has been approved. Within this MTSF period, we will continue our programme to increase access to justice by firstly, improving the services offered in our service points and making it easier for people to access these service points. While 45 courts have been built since 1994, and 9 of those in the last MTSF period, we are looking forward to the finalisation of construction of the two remaining High Courts early into the new MTSF period. We are pleased with progress made in the alignment of magisterial districts with municipal boundaries in North West Province and Gauteng. This process enables people to access courts within their municipal boundaries and aligns with the travel and accessibility requirements of the majority of people. Within this MTSF period, alignment for all remaining provinces will be concluded. A major milestone in the last MTSF period has been the finalisation of the Constitution 17th Amendment Act, which was passed by Parliament in November This amendment affirms the Chief Justice as Head of an independent judicial arm of the State. During the 2014/15 financial year, all High Courts were transferred from the DOJCD to the Office of the Chief Justice (a separate government department). Plans are in place to transfer Lower Courts by the end of the current MTSF period. In parallel to these developments, engagement with stakeholders regarding a court administration model will continue to guide discussions on the judicial independence envisaged in our Constitution. The next five years will see a major focus towards improving State Legal Services. The appointment of the Solicitor-General will be the first step in ensuring that there is capacity to implement such an important programme. Further improvement in managerial capacity within State Attorney Offices and formulation of policies for effective management of litigation will be implemented. We are pleased with the finalisation of the Legal Practice Act of 2014, which will, among 6

9 others, regulate the legal profession and improve accessibility to legal services by all South Africans. Implementation begun during the 2014/15 financial year with the establishment of the National Forum to guide the formulation of regulations. This will be one of the major areas of implementation for the Department during the MTSF period. With regards to the National Prosecuting Authority, we will move with speed to finalise governance arrangements, which include, among others, independent review of prosecutorial decisions and a complaints management mechanism. This will bring about transparency and further strengthen the justice system in particular and our democracy in general. Consultation with relevant stakeholders will be undertaken in this regard. Beneficiaries of maintenance and guardian fund services have experienced a major service improvement in the last MTSF period. Long queues for collection of maintenance payments have been drastically reduced with 98% of maintenance and 96% of Guardian s Fund payments made by way of electronic funds transfer respectively. The next five years will focus on putting systems that improve efficiencies in payments to reduce the turnaround time further. In addition, implementation of maintenance defaulters strategy will receive full attention. Within the Master of the High Court area, we are delighted with service improvements, which among others, include easy access to information for liquidations and improvements in the Guardian s Fund. We will be working to ensure transformation within the insolvency sector to bring it in line with the country s aspirations. We are mindful of the issues that have been raised through the courts and will continue to work with stakeholders to address these issues. environment to attract and retain people with disabilities. Policy statements and implementation plans will be developed during the 2015/16 financial year, for implementation during the remainder of the MTSF period. We are mindful of the fact that the Truth and Reconciliation process might not have fully met the requirements of certain non-governmental organisations and will continue to engage with this community regarding matters raised. I am nevertheless pleased with the finalisation of regulations for assistance with education which will go a long way towards helping children of TRC-identified victims. We will be working hard at finalising health and housing regulation to continue to assist identified victims and will continue with our initiative of finding and handing over remains of outstanding struggle heroes. It is with great pleasure that I present the Strategic Plan of the Department for the MTSF period and looking forward to full implementation with the support of our officials and stakeholders. T.m. Masutha, Adv (Mp) Minister of Justice and Correctional Services In line with the National Development Plan, the Department will put special emphasis on the development of youth as we implement our programmes. We will put special emphasis on growing talent in areas where the Department is falling short by utilising internship, learnership and bursary programmes. Concurrently, a Disability Desk will be implemented to create an enabling 7

10 Foreword by the Deputy Minister In this MTSF period, we continue to build on the successes that have been achieved since These include improving access to justice and putting programmes in place for a transformed justice system. Our Small Claims Court project will continue to bring affordable civil procedure to the majority of people in this country. The possibility of civil litigation to the value of R without major legal fees is very significant. We are proud of the 294 courts that have been established since 1985 and envisage that all 387 municipalities will have at least one small claims court by the end of the MTSF period. We will also work hard in ensuring that all these small claims courts are properly capacitated and operating fully. I am pleased with the implementation of Court- Annexed Mediation Rules, which came into effect on 1 December These rules will enable parties to settle matters and avoid the lengthy and expensive civil litigation processes in the court. Implementation started with the initial 13 courts, with a number expected to increase within the next MTSF period, subject to the success of the pilot project. I am looking forward to the implementation of the Legal Practice Act, 28 of 2014, which introduced major reforms within the legal industry. I am pleased that the proclamation by the President to commence implementation of Parts 1 and 2 of Chapter 10 of the Act was published in January of Establishment of the National Forum, in line with this chapter, is well underway. This Forum has a lifespan of 3 years and will put systems and procedures in place in preparation of the full implementation of the Act. The state Attorney Ammendment Act of 2014 provided for the establishment of a Solicitor- General, who will focus efforts in co-ordinating litigation on behalf of the state and address and improve the overall management within offices of the State Attorneys. This appointment is expected to be made during teh MSTF period. Transformation of the justice system cannot be completed without finalisation of the Traditional Courts Bill. Traditional courts have been in operation and are being used to settle disputes in areas led by traditional leaders. These courts provide access to justice for people to whom the current system is inaccessible or foreign. It is therefore imperative that we move with speed in bringing these courts into the mainstream legal system of the country. The Department will rework on this Bill and address concerns raised through public participation. Once consultation with stakeholders is completed, this Bill will be retabled in Parliament. 8

11 The Maintenance Amendment Bill, served before Parliament during the 2014/15 financial year, will go a long way in fighting for the rights of children to receive due support from their parents. The Act will enable parents (mostly mothers) to deal with courts nearest to their places of work for easier access. In addition, this Bill will enable investigators to trace maintenance defaulters through mobile network information and will empower magistrates to include these defaulters on the credit bureau. We are looking forward to the finalisation of this Bill during this new MTSF period. The Protection of Personal Information Act (POPI Act) regulates the manner in which personal information is collected, used and shared with other organisations. To facilitate compliance with this Act, an Information Regulator needs to be appointed. Establishment of this office is under discussion with the National Treasury and is expected to be fully operational during the MTSF period. I am delighted that the Legal Aid South Africa Amendment Act came into operation on the 1 st of March These amendments enable the implementation of best practice in corporate governance and have brought a number of provisions in line with the constitution. These changes will enable Legal Aid South Africa to retain its prestigious status as one of the leading legal aid systems in the world. The Sheriffs Amendment Act of 2012 brought about improvement in service delivery by, among others, empowering the Minister to appoint Sheriffs in areas that were not appropriately serviced or not financially viable. I am pleased that additional sections (Section 57, 8 and 9) of this Act came into operation on the 1 st of March These sections improve governance of the institution and bring about firmer regulation within the profession. This MTSF period will see continuation of improvements within the sector. Another area of focus during this period will be on initiatives to improve engagement with broader justice community and members of the community. Existing fora will be extended to make them more relevant and responsive to the needs of the communities they serve. Establishment of Terms of Reference and an implementation plan will be put together during the 2015/16 financial year. I am looking forward into the MTSF period with excitement as we continue to put legislation and programmes that change the lives of the disenfranchised majority in our country. Mr. John Jeffery, MP Deputy Minister of Justice and Constitutional Development 9

12 Official Sign-off It is hereby certified that this Strategic Plan: was developed by the management of the Department of Justice and Constitutional Development, under the guidance of the Minister of Justice and Correctional Services, Adv. Tshililo Michael Masutha, MP; takes into account the relevant policies, legislation and other mandates for which the Department of Justice and Constitutional Development is responsible; and accurately reflects the strategic goals and objectives that the Department of Justice and Constitutional Development will endeavour to achieve over the period Ms Louraine Rossouw Chief Financial Officer Signature: Ms Lebogang Mphahlele-Ntsasa Chief Director: Strategy, Monitoring and Evaluation Signature: Dr Khotso De Wee Chief Operating Officer Signature: Ms Nonkululeko Sindane Signature: Director-General: Justice and Constitutional Development Mr. John Jeffery, MP Signature: Deputy Minister of Justice and Constitutional Development Approved by Tshililo Michael Masutha, MP (Adv) Minister of Justice and Correctional Services Signature 10

13 Part A: Strategic Overview 1. Introduction The Strategic Plan for the Department of Justice and Constitutional Development outlines the key priorities, strategic goals and objectives planned to be accomplished over the five-year period. This plan is aligned with the government s National Development Plan 2030 (NDP) whose aim is to eliminate poverty and reduce inequality. The department will participate directly in the implementation of Chapter 12, which deals with safer communities and Chapter 14, which deals with promoting accountability and fighting corruption. In addition, the department will also participate in the implementation of Chapter 11, which focuses, among others, on social protection matters, Chapter 13, which focuses on developing a capable state and Chapter 15 which focuses on transforming society and uniting the country. The MTSF which covers the first five years of the NDP will be used to operationalise the National Development Plan. In the next five years, the Department of Justice and Constitutional Development will contribute positively to the achievements of the NDP objectives by including indicators from both documents. The Office of the Chief Justice was proclaimed as a separate national department during the 2010/11 financial year in anticipation of the approval of the Constitution 17 th Amendment Act. The amendment confirms the Chief Justice as a Head of the Judiciary responsible for oversight of all courts. In line with this amendment, Superior Courts have been transferred to the Office of the Chief Justice on 1 October 2014, while lower courts are expected to follow later. For the first time in 2015/16 financial year, the Office of the Chief Justice will receive a separate budget allocation and will prepare separate planning documents. For the MTEF cycle, the Department has identified four (4) key priorities: 1. Good governance and clean administration demonstrated by receiving and sustaining an unqualified audit opinion; 2. Service turnaround in the State Attorney offices; 3. Service turnaround in the Maintenance Services; and 4. Creating youth employment opportunities. The priority on service turnaround in the State Attorney offices will focus on containing litigation costs for the state through: i. Implementing clear guidelines regulating how state litigation is to be conducted; ii. Clarifying the roles and responsibilities of stakeholders (state attorneys and government departments) in state litigation management; and iii. Implementation of cost-saving measures. These initiatives will be driven by the Solicitor- General, who will oversee their implementation on behalf of government. This Strategic Plan describes the Department s work and responsibilities which include amongst others, making streets safe for families as well as protecting children and other vulnerable persons, as envisaged in the National Development Plan. Part A provides a general background on the department, its policy and legislative mandates, the organisational context and the four goals that have been formulated, while Part B details the strategic objectives and five-year targets, arranged according to programmes. Efforts were made to ensure that all objectives comply with SMART principles to enable better evaluation of these objectives. There are, however, four objectives where five year targets and baselines have not yet been finalised and will be confirmed during the 2015/16 financial year. 11

14 These are a. Number of employment opportunities created for the youth; b. Percentage of employees perceiving a decrease in fraud and corruption; c. Percentage of complainants satisfied with court-based support services; d. Percentage of clients perceiving an increase in access to justice services e. Percentage compliance with quasi-judicial standards of services (Default Judgments and unopposed taxation); and f. Percentage of savings on damages claimed. Note: Detailed information on the annual and quarterly targets is available in the department s Annual Performance Plan. 2. MISSION, VISION AND VALUES OF THE DEPARTMENT 2.1 Our vision An accessible justice system that promotes constitutional values. 2.2 Our mission To provide transparent, responsive and accountable justice services for all. 2.3 Our principles and values Commitment to constitutional values and a culture of human rights Promotion of the rule of law Batho Pele Good governance Ubuntu Professionalism and continuous improvement Transparency 12

15 3. LEGISLATIVE AND OTHER MANDATES 3.1 Constitutional mandates The department s mandate, derived from the Constitution, is twofold. Firstly, it seeks to provide a framework for the effective and efficient administration of justice. Secondly, it seeks to promote constitutional development through the development and implementation of legislation and programmes that seek to advance and sustain constitutionalism and the rule of law. This is done through the implementation of programmes to deepen and nurture our constitutional democracy. Following the transfer of Superior Courts to the Office of the Chief Justice, the Department will continue to support lower courts, in line with the current constitutional mandate. 3.2 Legislative mandates The department derives its statutory mandate from various statutes and subordinate legislation. Most of these Acts impact, in some way or another, on the daily functioning of the department, but, in the context of the priorities of government, the following legislative instruments are particularly relevant: Legislation providing for the establishment and functioning of the superior courts, magistrates courts and other courts, the most important of which are the following: (a) Chapter 8 of the Constitution provides amongst others that all courts function in terms of national legislation and their rules and procedures provided for in terms of national legislation. 1 It also makes provisions for the Minister to make recommendations to the President regarding the appointment of acting judges to the Constitutional Court, to appoint acting judges of the other courts. 2 The Minister is also a member of the Judicial Service Commission 3 and exercises final responsibility over the National Prosecuting Authority. 4 (b) Superior Courts Act, 2013: The Act requires the Minister to determine the area of jurisdiction of the Divisions of the Superior Court of South Africa, to establish local 1 Section Section Section Section 179 seats for the Divisions and appoint court managers and assistant court managers, registrars and other officers and staff for the Constitutional Court, Supreme Court of Appeal and Divisions of the High Court. The Minister may, on the advice of the Chief Justice, make regulations regarding certain matters which are necessary for the efficient and effective functioning and administration of the courts. The Minister must consider and address requests for funds needed for the administration and functioning of the Superior Courts, as recommended by the Chief Justice. (c) Magistrates Courts Act, 1944: The Act empowers the Minister to create various magistrates court districts, regional divisions, and sub-districts, and to define the local limits thereof. The Minister may establish magistrates courts (including regional courts) in respect of those areas as well as appoint the places for the holding of courts. The Minister must appoint magistrates, additional magistrates and regional court magistrates as well as persons to act in those offices when necessary. The powers relating to the appointment of magistrates may be delegated to the Director-General of the Department or to any officer with at least the rank of a Director in the Department. Each magistrates court has one or more clerks of the court, and the Director-General must appoint for each regional division a registrar and as many assistant registrars as may be necessary. The Minister must, by notice in the Gazette, determine various amounts and fees related to the monetary jurisdiction of the courts, witness fees and others. (d) Small Claims Courts Act, 1984: The Act empowers the Minister to establish small claims courts and determine their seats and areas of jurisdiction. It further indicated that the Minister (or officers of the Department) appoints commissioners for the courts and the Minister, by notice in the Gazette, must determine various amounts related to the jurisdiction of the courts Legislation providing for the appointment of judges and other judicial officers, their conditions of service, discipline and training: (a) Judges Remuneration and Conditions of Employment Act, 2001: The Act imposes a number of responsibilities on the Minister, which include requesting a retired judge to perform additional service as a judge, making inputs regarding the remuneration and conditions of service of judges and 13

16 determining certain non-remunerative benefits of judges. The Director-General of the department is, subject to the directions of the Minister, charged with the general administration of the Act. (b) Judicial Service Commission Act of 1994: The Minister must determine the allowances payable to members of the Judicial Service Commission and Judicial Conduct Tribunals and, by notice in the Gazette, publish the procedure determined (in terms of section 178(6) of the Constitution) by the Commission. The Minister is also required to, acting in or after consultation with the Chief Justice, consider requests from judges to perform non-judicial work for reward, table the Code of Judicial Conduct in Parliament (and review the Code every three years), and appoint the Registrar of Judges Registrable Interests. The Director-General of the department is the accounting officer of the Commission. (c) South African Judicial Education Institute Act, 2008: The Minister is a member of the Council of the Institute and must designate two further members after consultation with the Chief Justice. The Minister must determine the remuneration and conditions of service of the Director and other personnel of the Institute, and must table the Council s annual report in Parliament. The Director-General of the Department is the accounting officer of the Institute. (d) Magistrates Act, 1993: The Act provides for the establishment, constitution, objects and functions of the Magistrates Commission, and regulates the appointment and remuneration of, and vacation of office by, magistrates. The Minister, or an officer of the department nominated by the Minister, is a member of the Commission. The Minister must appoint magistrates in accordance with the Act, and must take various decisions, either in or after consultation with the Commission, relating to the suspension, vacation of office and early retirement of magistrates. All work incidental to the performance of the Commission s functions must be performed by officers of the department. The Minister, on the recommendation of the Commission, makes regulations under the Act in respect of a wide range of matters relating to magistrates conditions of service Legislation relating to the prosecution of offenders and combating of crime: (a) National Prosecuting Authority Act, 1998: The Minister exercises final responsibility over the prosecuting authority under the Constitution, and the prosecuting policy must be determined by the National Director of Public Prosecutions with the concurrence of the Minister. The President must consult with the Minister regarding the appointment of the Deputy National Directors and Directors of Public Prosecutions, whilst Deputy Directors and prosecutors are appointed by the Minister. The Minister determines the remuneration of Deputy Directors and prosecutors and must consent to the appointment of persons from outside of the prosecuting authority to perform service in specific cases. Regulations under the Act are made by the Minister in respect of a wide range of matters, and the Director- General of the department is the accounting officer of the prosecuting Authority. (b) Criminal Procedure Act, 1977: The Minister must fulfill a number of functions in terms of the Act. These functions include, amongst others, the remission of bail money forfeited under in terms of the Act, the determination of persons or who are competent to be appointed as intermediaries in cases involving child witnesses, they also include the designation of anybody that may make an affidavit in terms of section 21;making decisions on, and issuing certificates regarding the expungement of offences, determining various amounts related to jurisdictional matters and compensation orders and determining the categories of persons who are peace officers. (c) Prevention of Organised Crime Act, 1998: The Minister is the chairperson of the Criminal Assets Recovery Committee, established by the Act, and must table the particulars of property or money allocated to an agency or institution from the Criminal Assets Recovery Account. The Minister may also make regulations in respect of a range of matters related to the Act. 14

17 (d) Special Investigation Units and Special Tribunals Act, 1996: The Minister is the conduit for all proclamations, issued by the President, that refer matter to the Special Investigating Unit for investigation. The Minister may also make regulations in respect of a range of matters related to the Act. (e) Witness Protection Act, 1998: The Act has established the Office for Witness Protection within the Department. The Minister may establish a branch office for the Office in any defined area, and must appoint the Director: Office for Witness Protection. Any person who feels aggrieved by a decision of the Director may apply to the Minister to review such a decision, and the Minister may enter into witness protection agreements with international bodies, institutions, organisations or foreign countries. The Minister may also make regulations in respect of a range of matters related to the Act Legislation providing for the establishment and functioning of bodies responsible for legal aid, law reform and court rules: (a) Legal Aid Act, 1969: The members of the Lead Aid Board are appointed by the Minister. The Board must compile the Legal Aid Guide in consultation with the Minister, and the conditions of service of the officers and agents of the Board must be determined with the consent, or in accordance with the general instructions, of the Minister. The Board must furnish the Minister with such information as he or she may call for in respect of the activities and financial position of the Board, and the Minister must table the annual report of the Board in Parliament. (b) South African Law Reform Commission Act, 1973: The South African Law Reform Commission s investigation programmes must be approved by the Minister, and the Commission s reports on investigations must be submitted to the Minister for consideration. The Commission also submits an annual report to the Minister, which must be tabled in Parliament. The Secretary and staff of the Commission are officers of the department, and the remuneration and allowances of members of the Commission from the private sector are determined by the Minister. (c) Rules Board for Courts of Law Act, 1985: The members of the Rules Board for Courts of Law are appointed by the Minister. The Minister may also appoint committees of the Board and assign specific functions to it. The Board submits a comprehensive annual report to the Minister. The Secretary and staff of the Board are officers of the department, and the remuneration and allowances of members of the Board from the private sector are determined by the Minister Legislation providing for the administration of estates: (a) Insolvency Act, 1936: This lengthy and comprehensive Act confers a number of powers and functions on the Minister. Apart from periodically fixing, by notice in the Gazette, various amounts relevant to the provisions of the Act, it is noteworthy that the Minister may make regulations prescribing the procedure to be observed in the Master s office in connection with insolvent estates, the form and manner of conducting proceedings under the Act and the manner in which fees must be paid and brought to account. The Minister may also determine policy for the appointment of a curator bonis, trustee, provisional trustee or co-trustee by the Master in order to promote consistency, fairness, transparency and the achievement of equality for persons previously disadvantaged by unfair discrimination. (b) Administration of Estates Act, 1985: In terms of this Act, the Minister appoints the Chief Master of the High Court of South Africa, as well as the Masters, Deputy Masters and Assistant Masters of the various Divisions of the High Court. The Minister (or an officer of the department delegated thereto) also appoints appraisers for the evaluation of property for designated areas. The Minister may also make regulations in respect of a wide range of matters related to the Act. 15

18 3.2.6 Legislation on legal services to government departments: (a) State Attorneys Act, 1957: The Act established the office of the State Attorney in Pretoria, under the control of the Minister. State attorneys are appointed by the Minister, and staff (It is noteworthy that the Act has been amended extensively by the State Attorney Amendment Act, 2014, which has not yet commenced.) The Minister may also make regulations in respect of a range of matters related to the Act Legislation relating to the promotion, protection and enforcement of human rights: (a) Promotion of Administrative Justice Act, 2000: In terms of the Act, the Minister may designate magistrates courts which shall, either generally or in specific classes of administrative actions, have jurisdiction to hear cases emanating from the application of the Act. The Minister may also exempt an administrative action or a group or class of administrative actions from the application of certain provisions of the Act. The Act requires the Minister to make regulations prescribing various procedures to be followed in connection with the application of the Act, and the Minister has the discretion to make regulations in respect of various other matters related to the Act. (b) Promotion of Access to Information Act, 2000: The Minister may designate magistrates courts which shall have jurisdiction to deal with matters emanating from the application of the Act, and has a number of discretionary powers relating to the manner in which certain persons or bodies must comply with the Act. The Act further requires the Minister to make regulations in respect of a wide range of matters related to the Act. (c) Promotion of Equality and Prevention of Unfair Discrimination Act, 2000: The Minister must designate magistrates courts as equality courts for specific areas. The Act further requires the Minister to make regulations in respect of a wide range of matters related to the Act. The department also administers two Acts providing for support to Chapter 9 institutions, namely the Human Rights Commission Act, 1994, and the Public Protector Act, POLICY MANDATES 4.1 The National Development Plan The National Development Plan is aimed at mobilising government, business, and other sectors of society to work towards eliminating poverty and reducing inequality by These two problems will be addressed through uniting South Africans, unleashing the energies of its citizens, growing an inclusive economy, enhancing the capacity of the state, and promoting social cohesion. The National Development Plan places the following responsibilities to the Department of Justice and Constitutional Development and the JCPS Cluster: Strengthening the Criminal Justice System through the development of a single, integrated, seamless and modern criminal justice system, with a single set of objectives, priorities and performance measurement targets, full implementation of the seven point plan and cooperation among the JCPS cluster departments. In addition, the department will participate in the establishment of integrated and seamless information system containing all information relating to the justice system. Strengthening Judicial Governance and the Rule of Law by establishing the office of the Chief Justice as an independent entity from the Department of Justice and Constitutional Development. The Minister of Justice and Constitutional development who is a member of the Judicial Service Commission (JSC) will establish criteria for the appointment of judges. Increasing access to justice by providing all services to justice service points, reducing legal costs, providing legal assistance to civilians and establishing new courts. Strengthening protection of whistle blowers: The Department will participate in the process of strengthening the protection of 16

19 whistle blowers by reviewing the Protected Disclosure Act to include the scope of whistle blowers who are outside the limits of occupation detriment. The department will assist in the development of regulations which will be used to facilitate the implementation of the Protected Disclosure Act by government departments. All these interventions are expected to go a long way in addressing the crime challenges that have been experienced by South Africans. The responsibilities outlined above are linked to Chapters 12 and 14 of the NDP which states that all people in South Africa should feel and be safe, and that the level of corruption in the country should be reduced. Safety and security are more important because they are part of elements of decent standard of living as described the by the Planning Commission. Furthermore, the department will contribute to among others, the implementation of Chapter 11 on a capable state and Chapter 15 on transforming society and uniting the country. 4.2 The importance of the JCPS Cluster The JCPS cluster has adopted a zero-tolerance approach in the fight against fraud and corruption in both the public and private sector. The Justice, Crime Prevention and Security (JCPS) Cluster announced 42 individuals who have been convicted of fraud and corruption on the 09 of June 2013.The fight against corruption was concerted effort of the Anti-Corruption Task Team (ACTT), National Prosecuting Authority (NPA), Asset Forfeiture Unit (AFU), South African Revenue Services (SARS), Hawks and the Special Investigation Unit (SIU). In ensuring that the fight of fraud and corruption continues, the JCPS cluster under Outcome 3 also included the sub outcome which specifically deals with corruption in the public and private sectors. During the 2013/14 financial year, the Audio-visual remand system (AVR) was rolled out to 80 Magistrate Courts linked to 21 Correctional Service Facilities and 9068 criminal cases were remanded using this technology. The Department used 2014/15 financial year to improve on the system. The AVR system is planned to be rolled out to more Courts and Correctional Services Facilities in the MTSF period. Development of the IJS system took off in the 2013/14 financial year with the development and the testing of the IJS NPA ECMS & ICMS and the rolling out of SAPS Case Administration System (CAS) has done to 335 courts. The IJS system is expected to be developed and fully functional at the end of 2018/19 while the key performance indicators measurement system for criminal justice system with 28 KPI s is also expected to be approved by Cabinet by the end of the MTSF period. In attempt to promote the rights of all who live in the country, particularly the vulnerable members of society, the department has established 19 sexual offences courts in the 2013/14 financial year. As part of sexual offences courts model, the department has planned to establish additional 35 sexual offences courts over the MTSF period. 4.3 The Constitution as the basis for the transformation of the justice system In the South African context, the transformation of the legal system, which includes the transformation of the justice system, is mandated by the Constitution. The Constitution, which is the supreme law of the land, is the source and foundation of policies that are geared toward the achievement of an effective, efficient and transformed administration of justice. The reform of the judicial system which includes measures to establish a judiciary, legal profession and a sheriffs sector that is representative of the racial and gender demographics of the South African society, amongst others, is an important element of the transformation of the administration of justice. Fundamental policy initiatives contemplated for implementation in the current Medium-term Strategic Framework (MTSF) cycle focus, among others, on the following areas: Transforming the State Legal Services to enhance the quality of legal services provided to the State and contribute to the transformation of the legal profession through preferential allocation of legal briefs to previously disadvantaged individuals; Strengthening the capacity of the Office of the Chief Justice to provide administrative support to the Chief Justice in exercising his judicial leadership role; and 17

20 Reviewing the civil justice system to improve access to justice and address the weaknesses in the civil justice value chain. Substantive progress has been made with regard to the following initiatives: (a) Strengthening Judicial Governance and Accountability The enactment of the Constitution Seventeenth Amendment Act, 2012 in November 2012 and the Superior Courts Act No. 10 of 2013 in February 2013 are an important milestone in the South African judicial landscape. This legislation made a number of changes to the structure of the South African legal system. Most importantly, it established the Constitutional Court as the Apex court by expanding its jurisdiction to hear not only constitutional matters, but also any matter of public importance. It further established a judicial governance framework which entrusted on the Chief Justice as the Head of the Judiciary with the responsibility to oversee the establishment and monitoring of norms and standards to guide judicial functions of all courts. The Superior Courts Act further strengthens this by stipulating that the Chief Justice should issue written protocols, directives and give guidance to judicial officers with the aim of enhancing court efficiency. Furthermore, it assigns the responsibility of coordinating judicial functions of all Magistrates Courts falling within the jurisdiction of Judges President. This in turn ensures that there is a seamless governance framework for the entire judiciary to give effect to the objective of a single, unified Judiciary and effective case-flow management system through which the Judiciary takes charge of the management of cases throughout the justice value chain. From the 2015/16 financial year, all superior courts will be transferred to the Office of the Chief Justice, which will exercise control and management of performance of these courts. This means that all operations and administration support functions of all Superior courts will resort under the OCJ. The department will be responsible only for policy and legislation related functions in respect of the Superior Courts and the administration of the lower courts. This position will prevail until the last phase of the institutional restructuring has been completed. This phase will culminate in the enactment of a new Lower Courts Act and the Court Administration Act which Cabinet directed it to be completed during the current MTSF period (b) Measures aimed at increasing Access to Justice The capital works programme through which the Department builds new courts and other justice facilities is one of our flagship projects. In total, 43 new courts have been built, most in rural areas, since the advent of democracy in The construction of six (6) new courts, including the Limpopo and Mpumalanga High Courts is under way. Closely linked to the capital works programme is the project on the rationalisation of magisterial districts and the upgrading of Branch Courts for conversion into full services courts. As part of this project, 24 Branch Courts, most in rural and traditionally Black areas, have been upgraded and converted into full services courts. These courts now have full jurisdiction to provide all justice services obtainable from a Magistrate Court, including the adjudication of civil cases, deceased estates and small claims courts. In this way communities are spared costs and time of travelling to courts in towns and cities to obtain services which are not obtainable from a Branch Court. (c) Realignment of magisterial district with Municipal Boundaries The rationalisation of magisterial districts project is intended to redress past racially-based demarcations of our courts by aligning courts jurisdiction with municipal boundaries in respect of Magistrates Courts and provincial boundaries in respect of the Divisions of the High Court. The alignments of magisterial districts with Municipal Districts are done with a view to increase access to justice and strengthen the coordination of justice related programmes across the three spheres of government. The Department of Justice and Constitutional Development plans to align 387 magisterial districts with the 234 district municipalities, and the 13 High Courts with 9 Provinces. The department with the support of the Judicial Service Commission and the Magistrates Commission has developed a comprehensive Framework to realise the rationalisation objectives at the Magistrates Courts and Superior Courts respectively. The process of aligning magisterial districts with municipal boundaries is consistent with the National Development Plan s vision of redressing 18