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

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

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

Table of Contents FOREWORD BY THE MINISTER... 6 FOREWORD BY THE DEPUTY MINISTER... 8 1. INTRODUCTION... 11 2. MISSION, VISION AND VALUES OF THE DEPARTMENT... 12 2.1 Our vision... 12 2.2 Our mission... 12 2.3 Our principles and values... 12 3. LEGISLATIVE AND OTHER MANDATES... 13 3.1 Constitutional mandates... 13 3.2 Legislative mandates... 13 4. POLICY MANDATES... 16 4.1 The National Development Plan... 16 4.2 The importance of the JCPS Cluster... 17 4.3 The Constitution as the basis for the transformation of the justice system... 17 4.4 Future Policies... 19 5. SITUATIONAL ANALYSIS... 20 5.1 Environmental scan... 20 5.1.1 The Socio-economic environment... 20 5.1.2 Legal and criminal justice environment... 22 5.1.3 The information technology environment... 23 5.2 Organisational context... 23 5.2.1 Financial... 23 5.2.2 Information and communication technology... 25 5.2.3 Escalating safety and security costs... 25 5.2.4 Infrastructure and the expansion of justice services... 25 5.2.5 Litigation against the state... 25 5.2.6 Fraud and corruption... 26 5. 3 Service Delivery Environment... 26 5.4 Human resource management... 27 5.5 Stakeholders... 27 5.5.1 The donor community... 27 5.5.2 Chapter 9 institutions... 28 5.5.3 International bodies... 28 6. DESCRIPTION OF THE STRATEGIC PLANNING PROCESS... 28 7. COLLECTION OF DATA... 29 2

8. RISK MANAGEMENT... 29 9. STRATEGIC GOALS OF THE DEPARTMENT... 29 PART B: STRATEGIC OBJECTIVES... 31 10. PROGRAMME OBJECTIVES AND ALIGNMENT WITH THE NATIONAL DEVELOPMENT PLAN... 31 10.1 PROGRAMME 1: ADMINISTRATION... 33 10.1.2 Resource consideration... 37 10.2 PROGRAMME 2: COURT SERVICES... 40 10.2.1 Strategic objectives... 40 10.2.2 Resource consideration... 44 10.3 PROGRAMME 3: STATE LEGAL SERVICES... 48 10.3.1 Strategic objectives... 48 10.3.2 Resource consideration... 54 10.4 PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY... 57 10.5 PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES... 57 10.5.1 Introduction... 57 10.5.2 Strategic objectives... 58 10.5.3 Resource consideration... 59 11. LONG-TERM INFRASTRUCTURE PLAN... 60 12. CONDITIONAL GRANTS... 64 13. PUBLIC ENTITIES... 64 14. PUBLIC-PRIVATE PARTNERSHIPS... 64 3

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

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

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 2030. 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 2012. 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

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 2015-2020 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 2015 20 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

Foreword by the Deputy Minister In this MTSF period, we continue to build on the successes that have been achieved since 1994. 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 R15 000 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 2014. 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 2015. 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

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 2015. 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 2015. 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

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 2015-2020. 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

Part A: Strategic Overview 1. Introduction The 2015-20 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 2015-20 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 2015-20 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

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

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: 3.2.1 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 171 2 Section 175 3 Section 178 4 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. 3.2.2 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

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. 3.2.3 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

(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. 3.2.4 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. 3.2.5 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

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. 3.2.7 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, 1994. 4. 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 2030. 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

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

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 1994. 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

amount of up to R15 000. To date 330 Small Claims Courts have been established, 37 of which were established during the 2014/15 financial year. The target is to establish at least one Small Claims Court in each of the 363 magisterial districts by the 2016/17 MTEF period. 4.4 Future Policies (a) Language policy in court proceedings The Department has prioritised the finalisation of the language policy in our courts. Many people still feel ostracised by the foreign culture of our legal system which is reminiscent of the Roman Dutch law imported into our country. English and Afrikaans still remain the dominant languages of the justice system whilst indigenous languages are relegated to the periphery of interpretation. The Constitution gives us a fresh start to restore our African heritage and infuse the traditional value system underpinned by Ubuntu which embraces cultural and linguistic diversity. (b) Youth, gender and disability policies the legacy of inequality and deprivation occasioned by the racially-based spatial planning of the past. (d) Civil Justice Reform Project (CJRP) The Civil Justice Reform Project (CJRP) seeks to overhaul the civil justice system (CJS) in order to bring it in line with the Constitution. The key objective of the review is the alignment of CJS with the Constitutional values, and the simplification and harmonisation of the rules to make justice easy and equally accessible to all, especially the vulnerable groups. The CJRP also intends to review all laws, process and procedures which are applicable to the civil justice system in its value chain. The programme will also put emphasis on reviewing the design and implementation strategy for an effective and efficient case management system which is essential for the growth and development of our society. In increasing access to justice services, the Department of Justice and Constitutional Development is establishing small claims courts countrywide. Small Claims Courts are an important cog of the civil justice system as it provides a swift, affordable and economical vehicle for the resolution of certain civil disputes of an The department has prioritised the development of policies that will focus on youth, gender and disability in 2015/16 financial year. These policies will be developed with the intention to facilitate programmes that will be in implemented in the department during the MTSF period. (c) Concept Paper on principles underpinning the traditional courts During this MTSF period, the department will develop a concept paper on principles underpinning the traditional courts. The Concept Paper will analyse the history of the Traditional Courts Bill, comments made during Parliamentary hearings and make recommendations of the policy alternatives that are necessary to remove the impediments for the finalisation of the Bill. The Policy will result in the enactment of the Traditional Courts Bill which in turn will regulate traditional courts, which according to an audit conducted by the Department of Provincial and Local Government (Now Department of Corporative Governance and Traditional Affairs) in 2008, there were 1886 traditional courts country-wide. The matters pertaining to the physical infrastructure where the courts currently operate will continue to be the responsibility of the Department of Co-Operative Governance and Traditional Affairs while training of 19

traditional leaders and administrative staff attached to these courts will be the responsibility of the Department of Justice and Constitutional Development. The Traditional Courts Bill, once finalised, it will provide for framework for the training of traditional leaders on the implementation of the Act. (d) Policy framework on the Lower Courts The policy framework will result in a comprehensive overhaul of the current Magistrates Courts Act of 1944 which is outdated and is not suited to the new democratic order. The policy framework will lead to the enactment of the Lower Courts Bill that mirrors the Superior Courts Act. It is envisaged that the draft framework will be completed by 2015/16 financial year. (e) Alternative Judicial Administration Framework The development of the Alternative Judicial Administration framework for legislation will results in establishing an independent court administration framework as required by the National Development Plan. The framework and subsequent legislation will have major implications on the Departmental mandate. Consultations regarding this framework will take place during the 2015/20 MTSF period. (f) Policy Framework on rule-making A policy framework to rationalise the various existing rule making structures and functions is necessary. Currently there are different rule-making dispensations for different courts, namely, the Chief Justice who makes rules for the Constitutional Court; the Rules Board which makes rules for magistrate courts; and High Courts, Supreme Court of Appeal and Labour Courts with their own rules board. The policy framework will pave way for the implementation of Section 29 of the Superior Courts Act, 2013 which has been put in abeyance. The need to rationalise the various rule-making systems will have regard to the respective mandates of the three branches of the State. The rationalisation process is expected to be finalised during the 2015-20 MTSF cycle. 4.5 Relevant court rulings Constitutional Court: There was a constitutional challenge to Section 50(2) of the Criminal Law Sexual Offences and Related Matters) Act, 2007 (Act No. 32 of 2007) regarding inclusion of a minor s name in the National Register for Sex Offenders. On the 6 th of May 2014, the Constitutional Court declared the relevant sections unconstitutional and afforded the Minister of Justice and Correctional Services 15 months to correct the defect. The Teddy Bear Clinic for Abused Children and Another / The Minister of Justice and Constitutional Development and Another Constitutional challenge of Sections 15, 16, 50 and 54 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 to the extent that it criminalises consensual sexual conduct between adolescents. On the 3 rd of October 2013, The Constitutional Court confirmed the invalidity and suspended the declaration of invalidity for 18 months to allow Parliament to amend the provisions. 5. SITUATIONAL ANALYSIS 5.1 Environmental scan 5.1.1 The Socio-economic environment (a) Demographics According to Statistics South Africa s census of 2011, the country s population stood at 51.7 million people. The figures show that the South African population had grown by 11.2 million (almost 28%, from 40.5 million in 1996 to 51.7 million in 2011) since the previous census. Approximately 26.6 million (51.3%) are female, while Africans are in the majority at 41 million, making up 79.2% of the total population. The continuous growth in population resulted in a greater demand for services and resources in general, specifically with regard to the services that the department and the JCPS Cluster provide. The migration of people from neighbouring countries and the rest of the continent to South Africa, as well as internal movement between provinces, have negative effects on planning, the availability of services and resources, and the ability of municipalities and government departments to deliver services. Increasing numbers of legal and illegal immigrants resulted in many communities requiring additional resources to provide for interpretation and translations in the affected courts. The changes in 20

demographic structures in these provinces will in turn exert more pressure to their courts and other justice service delivery points. As a result of these factors, the department needs to continue to develop more infrastructures in order to ease the pressure experienced at service delivery points. (b) Economy South Africa s economy continues to grow, but at a slower rate than previously expected. During the 2014 Medium Term budget speech, the Minister of Finance projected economic growth of 1.4 % in 2014 down from 3.6 % in 2011. The economic growth for the first quarter and the second quarter of 2014 recorded a negative growth of 0.6% and a positive growth of 0.6% respectively. However, this situation changed in the third quarter when the quarter-onquarter annualised economic growth increased to 1.4 %. Slow economic growth will lead to less than expected revenue collection which will ultimately result in less funding to the department to provide services. Inflation rates also exceeded that maximum target of 6% in the last quarter of 2013 and the first two quarters of 2014. This forced the Monetary Policy Committee to increase the repurchase rate twice by 50 basis points and 25 basis respectively during the May and July 2014 meetings. The high rate of unemployment (24,3% as per Stats SA 2014 fourth quarter report), labour unrest, violent crime, economic crime, cyber crime, interest rate fluctuations and inflation still pose a serious threat to the development of the Economy of South Africa. This problem of unemployment results in a large number of default judgments due to people not keeping up with their payments. This challenge will also affect the payment of maintenance by parents. Moderate employment growth is expected over the next three years. Job creation prospects depend largely on private-sector hiring as fiscal pressures constrain public-sector employment growth. Implementing the National Development Plan (NDP) will strengthen growth and accelerate job creation, while broadening social development and economic participation. Corporate crime or so called white-collar crime in the private sector and in our financial services sector in particular is also a major source of concern. A safe and secure country encourages economic growth and transformation by providing an environment conducive for investment, employment creation, improved education and health outcomes, and strengthened social cohesion. However the South African justice system is being put under pressure because of, unemployment, slow service delivery, retrenchment, corruption and uncertain economic trends. These problems make people to be vulnerable and propel them to commit crimes as a way to survival and sustaining their lives. This in turn puts more pressure on the judicial system because these challenges causes an increase in social crimes such as sexual offences and domestic violence, increase in civil matters (default judgments) because of unemployment, increase in demand for legal assistance and an increase in maintenance defaulters. (c) Environment The continuous concern by government and members of the public about the increase in rhino poaching has resulted in an increase in the number of private individuals and organisations becoming involved in the fight against rhino poaching. This has included raising public awareness, the collection of funds to fight the scourge of poaching within national, provincial and private game reserves in South Africa and the development and implementation of projects relating to rhino conservation, safety and security. Environmental criminal activities (wildlife crime and Conservation) have dramatically increased in the recent year. It has been reported by the Department of Environmental Affairs that number of rhinos poached in South Africa increase from 333 in 2010 to 1020 in 2014. The number of arrest for rhino poaching related offences have climbed from 165 in 2010 to 344 in 2014. This has created a need to find better ways of dealing with the challenge. (d) Increased human rights awareness 21

The Bill of Rights entrenched in the Chapter 2 of the Constitution of the Republic of South Africa, 1996 is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom. The State is constitutionally obliged to respect, protect, promote and fulfill the constitutional rights as contained in the Bill of Rights. A progressive Constitution alone will not realise rights if the citizens of the country do not understand what it entails. Given the level of literacy in South Africa, it becomes imperative for the Department to ensure that every South African knows and understands the Constitution. The majority of people in South Africa are poor and live in rural outskirts of the country and are the most vulnerable with women, children, people with disabilities, the elderly and lesbian, bisexual, gay, transgender and intersex (LGBTI) persons being exposed to violence and related harm. Whilst efforts have been made by the Department in collaboration with civil society organisations to educate people about their rights and responsibilities, much still remains to be done. Increasing awareness of constitutional rights has indeed resulted in increased public interest, litigation against the State to exercise their constitutional rights. More marches and service delivery protests are being held by people trying to exert pressure on government to deliver. The demand for services generated by the population growth has not been matched by the growth in the budget, and this puts a lot of pressure on the department s ability to deliver quality services. With regard to implementing the government approved recommendations of the Truth and Reconciliation Commission (TRC), non-governmental organisations (NGOs) have continued to severely criticise government for adopting the closed-list approach, which limits assistance/benefits to TRClisted victims, whilst leaving out all other victims of gross human rights violations. NGOs have repeatedly rejected the closed-list approach and expressed their view that the approach is not in line with the purpose of the Promotion of National Unity and Reconciliation Act, 1995. This has impacted on progress towards the finalisation of the regulations, because NGOs feel that government should opt for an open-list approach and work on how these regulations will cater for all victims of gross violation of human rights occasioned during the apartheid era. For the next five years, the TRC Unit will be implementing or monitoring (as the regulations prescribe), the five sets of regulations required to give effect to the TRC recommendations on community rehabilitation and medical benefits and other forms of social assistance (basic education, higher education and training, health and housing). The TRC Unit will simultaneously coordinate and oversee the ceremonies pertaining to the handover of exhumed remains to their families and symbolic burials. 5.1.2 Legal and criminal justice environment (a) Decreasing incidents of crime According to SAPS statistics to date they have reported that contact Crime has been reduced by 8.3% during the past 5 years (2009/10-2013/14) which translates to 56 079 cases to 620 366 to date. Contact-related crime has been reduced by 9.6% during the past 5 years (2009/10-2013/14) which translates to 13 291 cases to 125 544 to date. Property-related crime increased by 1.7% during the past 5 years (2009/10-2013/14) which translates to 9 400 cases to 562 768 Other serious crime has been reduced by 4.2% during the past 5 years (2009/10-2013/14) which translates to 115 819 cases to 518 289. Although the trend over the period of five (5) years clearly shows the reduction and increase in certain crimes, South Africans continue to feel unsafe. The implementation of the Cabinet-approved JCPS Seven-point Implementation Plan, which followed the Criminal Justice System Review, continues. The Sevenpoint Implementation Plan has been incorporated into the JCPS Cluster delivery agreement and substantial progress has been made in various areas, such as improved coordination across the criminal justice system, improvement of court processes and the development of various protocols aimed at enhancing access to justice services. (b) Violence against Women and Children The SA Parliament has passed many progressive and internationally comparable pieces of legislation on violence against women and children. However, the rising levels of gender- based violence in our country remain an international concern. Recently, it has been 22

noted that the gravity of violence is also increasing into grossly and unprecedented inhumane levels, despite the progressive and intersectoral intervention actions by various stakeholders. Our courts have, over the years, significantly contributed positively to fight against gender- based violence by granting protection orders and imposing serious and firm sentences against offenders. In the execution of its mandate, the Department plans to conduct a national research into the level of recidivism in cases of violence against women and children. This initiative is not only intended to investigate the impact of sentencing, but also to guide our legislature and the justice system in its intervention process against gender-based violence especially against women and children. The proposed national research will be conducted in sampled courts and prisons drawn from all provinces. Its extensive magnitude will therefore require funding. The next phase of the project will involve the implementation of the recommendations of the study by the Department. The Sexual Offences Courts Project will be implemented over a period of 11 years commencing from 2015/16. (c) Fraudulent court orders There is a small number of courts where incidents of fraudulent court orders were identified. This has resulted in many people being blacklisted with credit bureaus without following proper process. In addressing this problem, the department resorted to tighten processes of granting court orders and is investigating technological solutions to curb this problem. (d) Increase in cyber crime Cyber-crime remains a key priority in South Africa due to the impact that this crime has on the economy of our country. Shortages of skills and lack of urgency in implementing measures to tackle cybercrime are still a challenge in South Africa. A large percentage of the incidents are not being reported to law enforcement agencies. Of the cases reported, an even smaller percentage actually makes it to the courts, where successful prosecutions take place, and information is made available to the public domain. The department will also train its personnel to combat cyber crime. In addressing the problem, the JCPS cluster is developing legislation that will deal with this problem. This is in support of Chapter 14 of the NDP which deals with promoting accountability and fighting corruption and sub-outcome 7 of Outcome 3 All people in South Africa are and feel safe. (e) Violent public protests There has been an increase in violent service delivery protests in the last few years. Since the beginning of 2014 police revealed that Gauteng alone has experienced more than 500 protests, of which over 100 had turned violent. Some of the people who participated in the violent protests were arrested and ended up in courts. Some of those protests also targeted court s. There is a need to protect the integrity of the court infrastructure. 5.1.3 The information technology environment The Department recognises that modernisation, through the implementation of business solutions, requires a supporting, responsive and stable underlying ICT infrastructure. It is against this background, that the Department prioritised its additional funding allocated for ICT, over the past two years, to the upgrade and renewal of its ICT infrastructure. A number of projects were implemented to upgrade key components of the ICT infrastructure located at national and regional offices as well as service points and courts. This was aimed at forming a solid foundation required for the implementation of business solutions, which will be intensified in the ensuing years. The Department also recognises the increase in availability of mobile technology and will continue to use such technologies where relevant. 5.2 Organisational context 5.2.1 Financial Within the context of the current global economic dynamics the Department of Justice and Constitutional Development remains committed to better accountability, fiscal discipline and stewardship of its resources. As such, the aggregate budget spending ceiling will be retained for the planning period. The Department has done a reprioritisation of its baseline in line with the guidelines and has taken into account its contribution to the National Development Plan and 23

funding the State Legal Services turnaround project. Despite cost containment measures that have been implemented since 2010, maneuverability outside infrastructure spending remains a challenge due to the growth in services required from the various service delivery units in the department such as the lower courts, State Attorneys and Master s offices. The department has made a conscious decision to be realistic about its ability to implement projects given the various constraints it operates under. Funds will be allocated according to areas where it can make the most difference to the most vulnerable in society. During the reprioritisation process all the funding made available through internal efficiency gains on non-core services like Administration was channeled towards the core business and the support of the vulnerable and/or social protection. Funding was further redirected towards the goals of a capable state and specifically as relating to the fight against crime and support of youth development. Areas that have been severely affected by budgetary constraints are the following: The implementation costs of new and proposed legislation; Document and record management; Adequate provision of library services to the various courts and support to the judiciary; Funding for the roll-out of the LGBTI Strategic and Policy Framework; Roll-out of the Protection of Personal Information Regulator; and Roll-out of Trafficking Act. Commissions of Enquiry called in by government are often facilitated through the DOJCD. These enquiries put financial and human resource strain on the Department. Although the Marikana Commission and the Strategic Arms Procurement Commissions are expected to be coming to an end, there was an additional enquiry announced during the 2014/15 financial year. 5.2.2 Information and communication technology In line with the objective of improving internal 24

operations and service delivery, the Department recognises the use of Information and Communication Technology (ICT) as a strategic resource and an enabler to function more effectively and efficiently. In this regard, a number of key projects have been previously implemented through the years and a number of new projects are currently underway. Whilst the focus over the past two years was on renewing the ICT infrastructure, continuously improving and implementing ICT Governance and an ICT Operating Model as well as capacitating the ICT component, the Department also prioritised the development and implementation of business solutions in key strategic areas. In this regard the Department continued to evolve the Integrated Case Management System (ICMS) into a fully-fledged case management system, which includes the automation and monitoring of improved end-to-end business processes. In support of the IJS Program and the JCPS Cluster strategic goals, the Department has implemented the integration of the ICMS Criminal and the SAPS CAS systems at identified Courts. In improving Masters Services, the Department has implemented the ICMS Deceased Estates and Trusts modules, known as the Paperless Estates Administration System (PEAS) at identified Masters Offices and Service Points. Furthermore, in improving Maintenance Services, the Department has implemented the ICMS Maintenance module at identified Maintenance Courts. The Department will continue to modernise justice services, through the intensified implementation of business solutions over the ensuing years, in support of the Departments strategic goals and operational plans as well as the JCPS cluster goals. Furthermore the focus in the next five years will be on establishing an improved administrative and financial system for the management of third party funds. 5.2.3 Escalating safety and security costs The number of s and people that need protection has increased substantially in line with the increase in the demand for justice services. In this regard, the Department is addressing its norms and standards and reviewing the resourcing of its service delivery points. The focus in the next five years will be on delivering effective service within the budget limitations. 5.2.4 Infrastructure and the expansion of justice services The need for refurbishment of infrastructure due to the age thereof, the occupation of facilities beyond their intended capacity and the need for additional service points remain a serious challenge. This challenge is complicated by the following additional realities that need to be addressed: Escalation of infrastructure costs above inflation, which means that the cash flow for new courts is often insufficient, which results in postponements in the construction of envisaged courts. Balancing the need for additional courts with the maintenance and accessibility programmes of existing courts. Using the infrastructure budget for additional accommodation where necessary. The growth in the establishment and new areas of services. Although funding was provided to address these challenges, the procurement processes and the requirement to follow specific guidelines have delayed the achievement of targets in this regard. To this extent the Strategic Planning for Facility Management has been elevated to executive management level so as to ensure consistent monitoring and facilitation of timely corrective action. 5.2.5 Litigation against the state During this MTSF period, the transformation of the State Legal Service will remain a priority and the implementation of the policy framework for the efficient management of state litigation. The implementation of the policy will focus on the alternative dispute resolution mechanisms and enhancing the capacity in the Office of the State Attorney, in order to provide quality legal services to its clients (all national and provincial departments). Appointment of the Solicitor-General is expected to be finalised during the 2015/16 financial year. 25

5.2.6 Fraud and corruption The department s Forensic Investigations Unit has experienced an increase in the number of fraud and corruption cases in comparison to the two previous financial years, due to an increase in the number of awareness sessions on fraud and corruption matters. Consequently, the department has increased the capacity of the Forensic Investigating Unit. The department is committed to the implementation of the Minimum Anti-corruption Capacity (MACC) requirements, which have been set as a public service anti-corruption standard, with the approval of Cabinet, to give effect to the Public Service Anticorruption Strategy. During the 2015/20 MTSF, the department plans to increase its capacity in enterprise risk management unit in order to be able to deal with identified risks and timeously develop risk mitigation plans. 5. 3 Service Delivery Environment (a) Enhancement of the Masters services The Office of the Chief Master implemented a paperless estate administration system (PEAS) also known as ICMS Masters Deceased Estates as well as the ICMS Trusts system to all Masters Offices and identified service points. These systems will continue to be modernised and implemented in other offices to allow practitioners and members of the public to view deceased estate information online. It is envisaged that in the next three years the number of new deceased matters, registered on the PEAS system, will increase from 65% to 100%. Efforts to stem out fraud within the Guardians Fund have proved to be effective and incidents are now at a very low frequency. Corruption within the deceased estate environment will take priority in the new MTSF period. In order to combat fraud and corruption, close co-operation with various agencies will be made to address the challenge. The use of the PEAS system is likely to assist with the curbing of the incidents as all documents are scanned. (b) Maintenance Services The main objective of the Maintenance Act of 1998 is to secure maintenance monies from parents and/ or other persons on behalf of their children. The maintenance courts provide support to obtain maintenance monies for children by way of civil enforcement of maintenance orders. Since 2014/15 financial year, courts have started to enforce the attachment of a maintenance defaulter s pension money to ensure that maintenance monies are paid before the maintenance defaulter can disappear with his or her pension and leave the children stranded. As part of the turnaround maintenance plan the department will focus on the development of a maintenance defaulter strategy and start implementing it in the 2015/16 financial year. This strategy will go a long way in ensuring that proper procedures are followed in processing maintenance payments and punitive measures are taken against parents defaulting on payments. (c) The Case Backlog Project The case backlog reduction intervention, which is aimed at reducing the number of backlog cases in the regional and district courts, has provided additional capacity to priority sites. Backlog cases are all those cases that have been on the district court roll for longer than six months, on the regional court roll for longer than nine months, and on the High Court roll for longer than 12 months. During 2013/14 Financial year, 42 (17 regional backlog courts and the 23 district courts) backlog magistrate posts and the equivalent administrative, prosecuting and legal representation capacity were converted into permanent posts. During the 2015/20 MTSF period, the department plan to convert, where required and feasible, the additional backlog courts into permanent courts. (d) Service Charter and customer complaints Service Delivery Improvement Programme The Delivery Agreement for Outcome 12 requires achieving an effective, efficient and development orientated public service. Amongst others, in order to address this issue, the Department continues to implement a comprehensive Service Delivery Improvement Programme as outlined in the Service Delivery and Organisational Transformation (SDOT) developed by the Department for Public Service and Administration (DPSA) in 2011, as well as the Batho Pele White Paper on Service Delivery. As outlined above, many different interventions will 26

be implemented in order to shift the Department to a new trajectory towards being efficient, efficient and development oriented. The interventions will include amongst others: Training of 4500 officials on principles and methods for implementing Service Standards an Charter and thus improving operational excellence; Development of business processes and Standard Operating Procedures (SOPs) for all services provided; Creating customer awareness on the services and associated service standards, alongside strengthened monitoring of the implementation of the Regional and National Service Delivery Improvement Plans; Facilitating the implementation of the Departmental Integrated Complaints Management Framework Implementing the Service Excellence Awards Programme to recognise individuals and teams who have displayed commitment and zeal in the execution of their duties. During the 2015/20 MTSF period, the department will review its current Service Delivery Charter. During the same period, the Department will also develop the 2015-2018 Service Delivery Improvement Plan. Progress regarding its implementation of the service delivery implementation plan will form part of the department annual report. 5.4 Human resource management In the next five year performance cycle, the human resources component of the department will be informed by the macro and micro environments. It will also expand its horison into dedicated focus into governmental priorities of contribution to job creation for youth; meet the government Employment Equity (EE) targets; cultivate a relationship conducive to work through Employee Relations (ER) programmes and create a healthy work atmosphere through Employee Health and Wellness programmes (EHWP). The department recognises the comprehensive changes that are taking place within the public domain as a result of the limited resource and where National Treasury has warned that post establishments of departments should not be expanded. The vacancy rate will be kept at a target of 10% and to achieve this, creation of new posts shall be based on critical needs whilst long term vacant posts are to be abolished to fund the critical posts. Furthermore the proposed Public Service Management Bill and the National School of Governance will have an impact on the HR operations of the department. In this regard the change management and transformation programmes will be implemented to assist officials. The key strategic objective of appointment of women and people with disabilities will continue to receive attention in order to increase gains made in the previous cycle. Lessons learned from the previous performance cycle have also indicated a need for HR to also strengthen its employee wellness programmes to assist officials to deal with stressful demands. The Human resource division will facilitate with the migration of functions that are currently with the Department of Justice and Constitutional development to the Office of the Chief Justice. In facilitating the move of the functions and people to the Office of the Chief Justice, HR will assist with all the necessary support to the Department and officials. 5.5 Stakeholders The department has a wide spectrum of stakeholders and partners who jointly contribute to its vision of accessible justice to all. These stakeholders include Parliament of South Africa, the Judiciary, departments within the JCPS cluster, Legal Aid South Africa, civil society, the donor community, international stakeholders (the United Nations and the African Union), Chapter 9 institutions and the media. 5.5.1 The donor community Every year, the department identifies unfunded priorities and requests donor organisations to assist with funding. For the 2015/20 MTSF period, funds from donor will, among others, be used to promote the access to justice by re-engineering small claims courts and funding socio-economic justice programmes. 5.5.2 Chapter 9 institutions 27

Section 181(2) of the Constitution provides for the independence of Chapter 9 institutions and Section 181(3) requires that other organs of state, through legislative and other measures, must assist and protect these institutions to ensure the independence, impartiality, dignity and effectiveness of these institutions. The Constitution and the national legislation of each institution sets out the appointment mechanisms, terms of office, mandates, powers, funding and lines of accountability of these institutions. It is important to note that while the strategic plans of the Chapter 9 institutions are developed independently of government, the work of these institutions complement the government s programme of action in order to maintain synergy and strengthen constitutional democracy. In compliance with Section 181(3), read with section 196(3) of the Constitution, the branch will through legislative and other measures assist and protect Chapter 9 institutions that support constitutional democracy to ensure their independence, impartiality, dignity and effectiveness. The department has undertaken to perform the following functions in respect of Chapter 9 institutions: Facilitating the budgetary process and assisting with the financial arrangements of Chapter 9 institutions; Promoting proposals emanating from the reports of these institutions; Ensuring compliance with section 181(3) of the Constitution; and Promoting and maintaining communication channels between Chapter 9 institutions and government departments. 5.5.3 International bodies The department s involvement in international matters and particularly international cooperation is informed by our foreign policy namely, Contribution to Africa development and a better world. This is underpinned by values in the Constitution of the Republic of South Africa, 1996 with entrenched Bill of Human Rights; the rule of law; right to dignity and equality; and recognition of international law. The New Partnership of Africa Development is the blueprint for Africa development, this is complemented by regional development instruments and programmes. Our approach is that our contribution in the fight against crime and promotion and protection of human and people s rights on the African continent should add value to the alleviation of poverty and inequality, this is the case regarding the world in general. South Africa is a member state to and participates in numerous international multilateral organisations which deal with public international human rights law and humanitarian law, international criminal law and private international law. These include the ICC (International Criminal Court), the Hague Conference on Private International Law (HCCH), International institute for the unification of private law (UNIDROIT), the UN, the AU, The Asian-African Legal Consultative Organisation (AALCO), SADC and the Commonwealth. For the next MTSF period, the Department is looking to enhance cooperation through the conclusion of bilateral and multilateral agreements with key countries and international organisations, as well as enhance its participation in the forums to which it is already a member and participates in, in order to yield positive outcomes for the Department and the country. 6. DESCRIPTION OF THE STRATEGIC PLANNING PROCESS The Department of Justice and Constitutional Development held its strategic review sessions with different branches from the 1st to the 4th of August 2014 and its second strategic session from the 10-12 November 2014. The purpose of the sessions was to review the annual performance plan for 2015/16 and the strategic plan for 2015-2020. Prior to the sessions various programmes in the department were requested to prepare their detailed environmental scan. During the last session, objectives, indicators and targets were revised and formulated in accordance to the analysis of the environmental scan information. The Political, Economic, Social, Technological, 28

Environment and Legal (PESTEL) analysis approach was also used to update the situational analysis of trends that are taking place internationally and nationally that might have an impact on the Department of Justice and Constitutional Development in South Africa. Internal information regarding the operations of the department was also provided by various branches. 7. COLLECTION OF DATA The Department utilises ICMS and NOC system to collect performance data from the various service points. Monthly, quarterly and annual performances reports are verified against the collected information from the system. Collated performance reports from service points are uploaded on the Troux system depending on the frequency in which the indicator should be tracked. 8. RISK MANAGEMENT The Department of Justice and Constitutional Development commits itself to continue managing risks and maintaining effective, efficient and transparent systems of financial, risk management and internal controls as required by the Treasury Regulations. Risks identified and the mitigation proposed to address key risks that may affect the realisation of the department strategic objectives for each programme has been provided in the objectives tables. The department will also ensure that efficient and effective controls are in place such as continuous quarterly, reviewing and evaluating of mechanisms aimed at mitigating the identified strategic and operational risks. The department will enhance the ethical culture by ensuring that remunerative work outside the public service, financial disclosure and vetting are appropriately managed. The Department will also promote and encourage its employees to report any form of fraudulent and /or corrupt activity to the National Anti-Corruption Hotline 0800 701 701 (tollfree). 9. STRATEGIC GOALS OF THE DEPARTMENT The key mandate of the department is to support the administration of justice and uphold the Constitution. This is done by implementing an effective and efficient court system and through the provision of quality legal services to the country s citizens and the state. In addition to these goals, the department provides effective support services that are in line with good corporate governance and implements the transformational agenda of government on issues of access and the empowerment of previously disadvantaged individuals. During the strategic planning session held in November 2014, the following were developed as department goals. 29

The four strategic goals of the department are as follows: Goal 1 An efficient, effective and development oriented administration. (Outcome 12) Goal statement Goal 2 Goal statement Goal 3 Goal statement Goal 4 Goal statement Improved compliance with legal and good practice requirements in respect of governance across all branches and structures of the department towards an unqualified audit. Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal)(outcomes 3 and 13) Courts and justice service points supported to improve the finalisation rates, efficiencies and backlogs in respect of all criminal, civil and family matters. Provision of quality legal services that strengthen the capacity of the State (Outcome 12) The exposure of government to legal risk is reduced, citizens have access to quality guardian and probate services, the state has access to legal services, and constitutionalism is promoted. Promote constitutionalism and social justice to contribute to social cohesion (Outcome 14) Compliance by government departments with the Promotion of the Administrative Justice Act (PAJA) is substantially improved, citizens are better informed on how to exercise their constitutional rights, public engagement with relevant stakeholders, civil society organisations and community-based organisations is improved by public participatory fora, and constitutional development is promoted. 30

Part B: Strategic Objectives 10. PROGRAMME OBJECTIVES AND ALIGNMENT WITH THE NATIONAL DEVELOPMENT PLAN For the 2015/20 MTSF cycle, the following key priorities of the Department have been identified: PRIORITY 1: Good governance and clean administration, resulting in sustained unqualified audit opinions. Although the Auditor-General issued an unqualified opinion the Department s vote account, since 2013/14 financial year, work is in progress towards improving audit outcomes for the Third Party Funds. Efforts will be made to sustain the unqualified opinion on the vote account and addressing the Third Party Funds issues. This priority is aligned with Chapter 11 of the NDP: Building a Capable State. Priority 2: Service turnaround in State Attorney Offices There has been a sharp increase in the cost of litigation for organs of state, and this is caused by, among others, progressive realisation by citizens of their rights and a fragmented approach to dealing with cases and costs thereof. This necessitates the capacitation and enhancement of the office of the State Attorney by increasing human capacity, preparing and implementing standardised fee structures for private counsel and development of further alternative dispute resolution processes as to avert litigation. To facilitate this transformation, the Solicitor-General post is expected to be filled in line with this transformation. This priority is aligned with Chapter 11 of the NDP: Building a Capable State. PRIORITY 3: Service turnaround in Maintenance Services A large proportion of clients who interact with the department require maintenance services. An improvement of services related to maintenance will assist parents (mostly mothers) who struggle to obtain maintenance for their children and improve the social being of children. Over the MTSF period, emphasis will be on improving the turnaround times in maintenance order and payment processes. This priority is aligned to Chapter 11 of the National Development Plan: Social Protection. PRIORITY 4: Creating Youth Employment opportunities South Africa is still faced with high level of unemployment rate and low level of labour force participation rate after 20 years into democracy. In addressing these challenges, the country has committed itself to reduce unemployment from 25% recorded in 2014 to 16% in 2020 and increases the labour force participation rate from 55% to 65% by 2020. Over the 2015-2020 MTSF period, the Department of Justice and Constitutional Development will start implementing programmes that will contribute positively in addressing these challenges. During 2015/16 financial year the department will develop the baseline information that will be used for target setting for the remaining financial years of the 2015-20 MTEF period. These initiatives are aligned with the following chapters of the National Development Plan: Chapter 3: Economy and Employment, Chapter 13: Building a Capable State and Chapter 14: Promoting accountability and Fighting Crime. In addition to the four key priorities, the Department will align with the following chapters of the National Development Plan of 2030: Chapter 11 of the National Development Plan: Social Protection In line with Chapter 11 of the National Development Plan, the Department has developed strategic objectives and performance indicators that will specifically focus on improving services and turnaround times in maintenance orders and payment successes, deceased estates, administration of insolvent estates, and payments from the Guardian Fund. The Department also has a strategy on improving Services offered through the Office of the Chief Family Advocate (CFA), to assist children with issues of custody, access and guardianship in family disputes. Improve mediation services towards full 31

compliance with legislation and Improve turnaround times in lodging children s reports with the courts. The Department therefore has included the following indicators under Objectives 8 and 9 on the APP that are aligned to Chapter 13. Chapter 12 of the National Development Plan: Building Safer Communities The Department plays a major role in safer communities (Chapter 12 of the National Development Plan). One of the key focus areas under the 7-Point Plan of the Criminal Justice Review involves making substantial changes to court processes in criminal matters through short and medium term proposals. In response the Department has put targets in place to address areas that would improve court processes, which include, improvement in the usage of audiovisual remand systems, implementation of improved court record systems, improved management of criminal appeals processes and transcriptions and decreasing the rate of court postponement due to administrative issues. In line with the 7-Point Plan, an integrated and seamless national criminal justice system containing all relevant performance information is under development. The systems improvements that need to be put in place in order for the Department to fully align with the Criminal Justice System information are included in this plan. In addition, there are a number of policy and legislative initiatives towards safer communities for vulnerable groups of society. These include: a) Establishment of 23 dedicated sexual offences courts, subject to resources; and b) Finalisation of the National Action Plan regarding the management of crimes against the LGBTI community Chapter 13 of the National Development Plan: Building a Capable State The Department supports the chapter which focuses on of a capable state through initiatives involving people development, systems development and improving governance initiatives. The DOJCD s Justice College offers in-house training courses for, among others anti-corruption, maintenance, sexual offences, domestic violence, child law, foundation management, service excellence, quasi-judicial services, prosecutorial, interpreting and Masters of the High Court services. In line with this chapter the department has included the indicator on number of people trained as a way of ensuring that training of employees continues. Further enhancements of the Integrated Case Management Systems (ICMS) will be developed to enable effective monitoring of cases handled in different areas of the Department. The Department has therefore included indicators on the APP that are aligned to this chapter. The turnaround of the offices of State Attorney will result in a state capable of effectively managing litigation matters and reducing the burden of costs on the state. Chapter 14 of the National Development Plan: Promoting Accountability and fighting corruption. Under this Chapter, the NDP identified proposals within the judicial system that will enable the country to effectively fight corruption and promote accountability. In line with this chapter, the Department will continue with the three-pronged strategy of fighting corruption and include indicators on number of staff awareness sessions on fraud and corruption, improved finalisation of forensic investigations, vetting of key staff members and finalisation of bilateral agreement with the G20 countries. The department will also assist with the review, amend ment and development of legislative instruments that are aimed at improving cyber security as to create secure and dependable and reliable cyber environment such as Cyber Security Bill, Prevention of Corrupt Practices Act. Chapter 15: Transforming Society and Uniting the Country In line with the NDP, the Department will make substantial contribution in the area of transformation of our society. Initiatives that have been included in the Strategic Plan are as follows: a) Ensuring compliance with legislation such as PAJA and PAIA for the Department and government in general; b) Promoting social cohesion, creating actively engaged and critical citizens with a culture of human rights and tolerance; and c) Continuing with the implementation of Truth and Reconciliation Commission recommendations. 32

Alignment with the MTSF The medium term strategic framework is used as a tool to implement the national development plan as it outlines what departments should do over the next five years from 2015 to 2020 financial year. Government priorities that directly and indirectly affect the Department of Justice and Constitutional Development are dealt with in Outcomes 3 and 14 of the medium term strategic framework. In line with this outcome 3 the Department has included the following indicators which are aligned to sub outcome 2, 4 and 7. a) Conclusion of 16 bi-lateral agreements concluded with G20 countries. b) 28 Key performance indicators for the Integrated Justice System approved and measured case management system functional by 2019. c) Indicators on legislative development include Cyber-security Bill, which is planned to be enacted and implemented in the 2018/19 financial year while the Protection of Corrupt Practices Act and Protected Disclosures Act are planned to be reviewed, amended and implemented during the 2015/16 financial year In support of the Outcome 14, which deals with nation and social cohesion, the department s work is aligned with Sub-outcomes 1 and 2 which deal with respectively, fostering constitutional values, and equal opportunities, inclusion and redress. There are plans in place to reach 12 million people through awareness campaign on popularising socio-economic rights. 10.1 PROGRAMME 1: ADMINISTRATION Purpose: To manage the department, develop policies and strategies for the efficient administration of justice and provide centralised support services. The table below shows the components of the programme. Components of the Administration Programme The components of the programme are as follows: i. Ministry ii. Office of the Director-General iii. Office of the Chief Operations Officer iv. Corporate Services v. Justice College Strategic objectives under this programme are the following: i. Increased compliance with prescripts to achieve and sustain unqualified audit opinion; ii. iii. Implementation of programmes aimed at creating employment opportunities for the youth; Reduction of fraud and corruption cases in the department; and iv. Increased number of Public Bodies 5 compliance 6 with the Promotion of Access to Information Act (PAIA) of 2000 5 Public bodies mean national departments, provincial departments and municipalities 6 Compliance in this regard refers to the departments processing 70% threshold of PAIA requests, Deputy information officers appointed and PAIA training attended 33

10.1.1: Strategic objectives The list of strategic objectives and the key performance indicators in relation to Programme 1 are as follows: Strategic Objective 1 Objective statement Objective indicator 5-year strategic target Baseline Justification Increased compliance with prescripts to achieve and sustain unqualified audit opinion To sustain the unqualified audit opinion obtained in 2013/14 financial year by addressing audit concerns on Vote, Guardian Fund,Third Party Funds, CARA accounts and President s Fund Unqualified audit achieved and sustained on financial statements Vote: Unqualified; Guardian s Fund: Clean CARA: Clean TPF: Unqualified President Fund: Clean The following were the audit outcomes of the various accounts in 2013/14 financial year. Vote: Unqualified; Guardian s Fund: Clean Criminal Assets Recovery Account (CARA): Clean Third Party Fund (TPF): Qualified Presidents fund : Clean This objective will contribute to the improvement of governance and the management of state resources, thereby enhancing service delivery. Links a. Strategic Goal 1: An efficient, effective and development oriented administration. (Outcome 12) b. Priority 1: Good governance and clean administration, sustaining an audit without qualification Risk/risk factor analysis a. Inadequate operational financial system for Third Party Funds and Guardian s Fund b. Inadequate prevention, detection and reaction mechanisms in terms of financial non-compliance Risk mitigation a. Development and implementation of general ledger with accompanying information systems and accounting controls for Third Party Funds, Guardian s Fund and CARA. This should also assist in the management of other related transactions e.g. South African Revenue Service (SARS) transactions and accounts pertaining to the Guardian s Fund b. Automation of financial systems and training on these systems c. Proper management of losses per codified instructions and prescripts and regular update of relevant policies d. Full implementation of departmental prescripts and policies (departmental financial instructions, Departmental Financial Procedure Manual, Guardian s Fund Manual, CARA and relevant codified instructions) 34

Strategic Objective 2 Implementation of programmes aimed at creating employment opportunities for the youth Objective statement The objective is to create employment opportunities that will help empower the youth with skills and help address youth unemployment Objective indicator 5-year strategic target Baseline Number of youth employment opportunities created for the youth Baseline and target to be finalised during the 2015/16 financial year No baseline Justification To track the impact of the Department s interventions with regarding creating job opportunities for the youth Links a. Chapter 3 of the National Development Plan: Economy and employment b. Chapter 14 of the National Development Plan: Promoting accountability and fighting corruption c. Chapter 13 of the National Development Plan: Building a capable state d. Priority 4: Creating Youth Employment opportunities Risk/risk factor analysis a. Inadequate structures in place to create and communicate opportunities for the youth ( On-line application, social media interactions,) b. Lack of skills for the youth to participate in the programme s / opportunities that the department creates c. Lack of departmental policies to enable the youth participation in the opportunities created by the department d. Non-compliance with Supply Chain Procedures due to accommodate the youth without skills and capacity in procurement processes e. Unsustainable/ short internship programmes and opportunities Risk mitigation a. On-the-job training and mentoring. Constant development of skills and b. Develop Departmental policy & strategies on the implementation of programmes aimed at creating employment opportunities for the youth Strategic Objective 3 Objective statement Objective indicator 5-year strategic target Baseline Reduction of fraud and corruption in the department To reduce fraud and corruption cases reported in the department by conducting awareness sessions, vetting of official and concluding forensic investigations Percentage of employees perceiving a decrease in fraud and corruption Baseline and target to be finalised during the 2015/16 financial year No baseline 35

Strategic Objective 3 Justification Reduction of fraud and corruption in the department In addition to the vote account, the department manages Third Party Funds, the President s Fund and the Criminal Assets Recovery Account and Guardian Fund. The effective management of fraud and corruption is crucial in ethics management, credibility and improving public confidence in the department s ability to manage these funds Links a. Chapter 14 of the National Development Plan: Promoting accountability and fighting corruption b. Strategic Goal 1: An efficient, effective and development oriented administration. (Outcome 12) c. Sub-outcome 7 of Outcome 3 Corruption in the public and private sector reduced d. Sub-outcome 8 of Outcome 12: Improve mechanisms to promote ethical behaviour in the public service Risk/risk factor analysis a. Inadequate implementation and communication of the Fraud Prevention Plan b. Delay in finalisation of reported fraud and corruption cases c. Lack of capacity (number of staff members and high staff turnover). d. Lack of understanding of prescripts by other officials could also lead to unintentional misstatements e. General resistance to promotion of ethics by some officials Risk mitigation a. Establishment of well-functioning regional risk management and audit steering management committees b. Improved management of conflict of interests and related party transactions c. Capacitation of the relevant units to improve turnaround times in respect of investigations and ongoing training and awareness sessions regarding new prescripts or updates, and ethics management, including fraud prevention plan d. Automation of systems to reduce the chances of fraudulent or corrupt activities Strategic Objective 4 Objective statement Increased number of Public Bodies 1 compliance 2 with the Promotion of Access to Information Act (PAIA) of 2000 To ensure increased compliance of PAIA by government departments, with regards to responding to applications and capacitation of government departments Objective indicator 5-year strategic target Baseline Number of Public Bodies fully compliant with PAIA 100 Public Bodies fully compliant with PAIA 31 Public Bodies in 2013/14 financial year 36

Justification The administration and coordination of PAIA to all the public bodies and facilitation of the implementation of PAIA throughout the three spheres of government and other public bodies Links a. Chapter 14 of the National Development Plan: Promoting accountability and fighting corruption b. Strategic Goal 4: Promote constitutionalism and Social justice to contribute to social cohesion (Outcome 14) Risk/risk factor analysis a. Client departments not issuing timeous and adequate instructions b. Limited number of qualified deputy information officers affects compliance with PAIA by other state Organs and officials c. Incorrect description of records d. No or late responses by national and regional offices, court managers, clerks and registrars e. Transcription process takes time as the transcribers work on a first-comefirst-served basis Risk mitigation a. On-the-job training and mentoring. Constant development of skills and continuous professional development is encouraged among all legal professionals b. Sending letters to the applicants/requesters advising them to provide correct description(s) of the records in order to locate the requested records c. Sending letters requesting transcription services to expedite the processes 37

Budget for Programme 1 The budget for Programme 1, as detailed in the Estimates of National Expenditure (ENE) for MTEF, is shown below. Administration Subprogramme R million 2011/12 Audited outcome Adjusted Medium-term expenditure estimate Appropriation 2013/14 2014/15 2015/16 2016/17 2017/18 Ministry 1 36.3 31.2 33.5 34.8 36.4 38.5 Management Corporate Services Office Accommodation Total Change to 2013 budget estimate 43.8 760.7 600.9 1 441.7-39.1 43.5 48.7 51.6 54.7 737.2 847.5 741.4 766.0 807.5 963.6 1 016.7 1 032.9 1 176.5 1 235.3 1 771.1 1 941.2 1 857.8 2 030.5 2 136.0-87.7 (82.5) (105.4) (114.1) Audited outcome Adjusted appropriation Medium-term expenditure estimate R million 2011/12 2013/14 2013/14 2014/15 2015/16 2016/17 2017/18 Economic classification Current payments 1 196.9 1 452.7 1 754.4 1 924.2 1841.0 2013.0 2 117.6 Compensation of employees 325.8 366.7 421.1 508.0 479.8 505.7 537.3 Goods and services 871.1 1 086.0 1 333.3 1 416.2 1 361.2 1 507.3 1580.3 of which: Administrative fees 4.5 17.8 22.7 39.6 42.1 41.8 43.8 Audit costs: External 21.6 38.5 49.9 67.2 78.7 76.9 79.6 Computer services 9.3 30.6 25.7 23.2 24.0 25.9 27.0 Operating leases 409.3 479.0 681.2 571.8 568.2 598.2 628.1 Property payments 194.7 293.7 282.7 445.1 466.5 580.6 609.5 Travel and subsistence 91.1 111.7 104.3 95.8 90.8 91.2 94.8 Interest and rent on land 0.1 - - 8.0 7.8 7.8 6.5 6.8 7.2 Transfers and subsidies 12.9 Provinces and municipalities _ Departmental agencies and accounts 5.1 4.8 5.8 5.9 6.2 6.5 6.9 Foreign governments and 1.3 0.8 - _ international organisations 7.2 Households 0.6 1.9 1.2 1.9 0.3 0.3 0.3 Payments for capital assets 231.7 13.4 7.2 8.4 10.3 10.7 11.2 Buildings and other fixed structures _ Machinery and equipment 229.3 13.3 7.1 8.4 10.2 10.6 11.1 Software and other intangible assets 2.4 0.1 0.1 _ 0.1 0.1 0.1 Payments for financial assets 0.2 1.5 1.7 0.8- _ Total 1 441.7 1 475.6 1 771.1 1 941.2 1 857.8 2030.5 2136.0 38

Expenditure trends The Office Accommodation subprogramme is the largest spending item in the programme. It provides for accommodation charges, leased s and municipal rates. Between 2011/12 and 2014/15 Financial year, the subprogramme grew significantly due to additional funding for the increased cost of municipal services and accommodation charges which is higher than the annual budget increases. The Corporate Services subprogramme is the second largest and, along with the Ministry and Management subprogrammes, grew significantly between 2011/12 and 2014/15 Financial year due to the department filling of vacant senior manager posts. This trend is expected to continue over the medium term, where the number of personnel in the programme is expected to increase from 1 299 in 2014/15 to 1 626 in 2017/18. This will include filling of the 161 posts that, mainly due to natural attrition, were vacant as at 30 September 2014. 39

10.2 PROGRAMME 2: COURT SERVICES Purpose: To facilitate the resolution of criminal, civil and family law disputes by providing accessible, efficient and quality administrative support to the courts and to manage court facilities. Components of the Court Services Programme: i. Lower Courts focusing on the activities and operations of various regional and district courts. ii. Family Advocates, who make recommendations to the court where there is litigation and mediation relating to children in family matters. iii. Magistrates Commission, which makes recommendation on the appointments and tenure of magistrates. iv. Government Motor Transport, which funds vehicles for departmental officials. v. Facilities Management, focusing on and upgrading of the courts and justice service delivery points. vi. Administration of Courts focuses on the management of courts administration and includes national offices and 9 regional offices. Strategic objectives under this programme are the following: i. Improved finalisation of criminal cases in support of Outcome 3: All People in South Africa are and feel safe ; ii. iii. iv. Increased protection of the rights of women, children, older persons, and persons with disabilities at lower courts; Increased protection of the best interests of children and promotion of family cohesion through mediation services; Increased access to justice services to historically marginalised communities; and v. Improved level of compliance with quasi-judicial standards of service to enhance debt. 10.2.1 Strategic objectives The list of strategic objectives and the key performance indicators in relation to Programme 2 are as follows: Strategic Objective 5 Objective statement Improve finalisation of criminal cases in support of Outcome 3 All People in South Africa are and feel safe To implement interventions across the CJS value chain in order to reduce the number of criminal backlog cases on the outstanding court roll. This objective is aligned with Outcome 3: All people in South Africa are and feel safe Objective indicator 5-year strategic target Baseline Justification Number of criminal cases on the backlog roll in lower courts 21 795 cases on the backlog roll 27 582 on the backlog roll as at the end of 2013/14 financial year The indicator measures the effectiveness of courts in terms of finalising the criminal cases 40

Links a. Chapter 12 of the National Development Plan: Building safer communities b. Sub-outcome 2 of Outcome 3 : An efficient and effective criminal justice system c. Strategic Goal 2: Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal) (Outcome 3 and 13) Risk/risk factor analysis a. Inadequate coordination among relevant departments and availability of stakeholders b. Case flow management now resides under the judiciary and the Office of the Chief Justice (OCJ) which deals with scheduling and postponements in their independent discretion. c. Load shedding Risk mitigation a. Involve and engage the relevant departments to improve the coordination and reporting in the cluster b. Executive involvement at cluster level and monitoring the implementation of cluster resolutions c. Interaction with the OCJ and the respective Judge Presidency and Magistrates who deals with the backlog and the creation of additional capacity d. Improve coordination in terms of cluster activities and related substructures e. Continuous case flow management meetings Strategic Objective 6 Objective statement Objective indicator 5-year strategic target Baseline 8 Justification Provide improved court-based services 7 to achieve client satisfaction within vulnerable groups To improve the court based support services to ensure the complainants, i.e. (women, children, older persons and persons with mental disability) are satisfied Percentage of clients satisfied with court-based support services Baseline and target to be finalised during the 2015/16 Financial year No baseline information This objective will contribute to the protection and promotion of the rights of vulnerable groups Links a. Chapter 11 of the National Development Plan: Social Protection b. Chapter 12 of the National Development Plan: Building safer communities c. Strategic Goal 2: Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal)(outcome 3 and 13) d. Priority 2: Service turnaround in maintenance services 41

Strategic Objective 6 Provide improved court-based services 7 to achieve client satisfaction within vulnerable groups Risk/risk factor analysis a. Lack of organisational structure to fully meet the mandate demand b. Inadequate measures to sustain the execution of lean process management system as part of the maintenance turnaround strategy in courts (Project Isondlo) c. The need to create permanent posts and appropriate career paths for maintenance investigators and maintenance officers d. Lack of the interface of electronic information systems between DoJCD, the Department of Correctional Services (DCS), the SAPS, the Department of Health (DOH) and the Department of Social Development (DSD) Risk mitigation a. Revise organisational structure to meet numerical and skills capacity demands b. Establish and implement the sustainability plan for the lean process management system for Project Isondlo. Communicate the success of the projects and improvements in maintenance services c. Create permanent posts of maintenance investigators and maintenance officers and intermediaries and establish appropriate career paths d. Verify historic information captured against source documents to ensure the accuracy and completeness of information on the NRSO Strategic Objective 7 Objective statement Objective indicator 5-year strategic target Baseline Justification Increased protection of the best interests of children and promotion of family cohesion through mediation services Implement legislative initiatives and develop policies to protect the interests of children and promotion of family cohesion through mediation services Number of children assisted through family advocate interventions 58 320 children assisted through family advocate interventions 10 800 children assisted in 2014/15 financial year This objective will contribute to the protection and promotion of the rights of vulnerable groups. Links a. Chapter 11 of the National Development Plan: Social Protection b. Strategic Goal 2: Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal)(outcome 3 and 13) c. Sub-outcome 4 of Outcome 13: Deepening social assistance and expanding access to social security 7 Court-based support services included information, mediation and intermediary services 8 5 years strategic target and targets from 2016/17 financial years onward will be determined once the baseline survey is completed in 2015/16 financial year. 42

Strategic Objective 7 Increased protection of the best interests of children and promotion of family cohesion through mediation services Risk/risk factor analysis a. No bilateral agreements with the neighboring countries b. Poor implementation of occupational specific dispensation resulting in Inadequate capacity which results to high staff turnover c. Inaccessibility of the Family Advocate services, due to small footprint in the provinces which has a potential of compromising the confidence level of the society d. Lack of funds to secure lease offices/ insufficient offices Rapid Population growth resulting in an increase in demand for the family advocates services Risk mitigation a. Liaise with Interpol and international social services b. Engage the Department of International Relation and Cooperative in liaising with other international agencies c. Monitor standards set and address non-compliance or complaints d. Conduct a work study on the whole unit with the view to create capacity and to increase the footprint of the family advocates office in the regions e. Consider and provide recommendations of alternative method of the implementation of the occupational specific dispensation Strategic Objective 8 Objective statement Objective indicator 5-year strategic target Baseline 9 Justification Increased access to justice services to historically marginalised communities Put initiatives in place to increase access to justice services Percentage of clients perceiving an increase in access to justice services Baseline and target to be finalised during the 2015/16 financial year No baseline The department needs to continue to find creative ways of using existing facilities to serve more people (efficiency) and to increase its reach in traditionally marginalised communities Links a. Chapter 12 National Development Plan: Building a safer communities b. Chapter 14: Strengthen judicial government and the rule of law c. Strategic Goal 2: Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal) (Outcome 3 and 13). d. Sub-outcome 7 of Outcome 3: Corruption in the public and private sector reduced 9 5 years strategic target and targets from 2016/17 financial years onward will be determined once the baseline survey is completed in 2015/16 financial year. 43

Strategic Objective 8 Increased access to justice services to historically marginalised communities Risk/risk factor analysis a. Inadequate infrastructure for the courts and offices to function effectively b. Use of heritage and old s that cannot be structured to the needs of the department c. Long procurement and implementation processes d. Unavailability of credible service providers (especially in rural areas). The historical imbalances in the provision of court infrastructure affect the number of courts that need to be converted to full-service courts e. Lack of buy-in (acceptance) concerning certain areas affected by new magisterial districts Risk mitigation a. Subject to budget availability, allocate funds for the leasing or of courts to improve infrastructure and consider alternative sources of funding for accommodation needs b. Continuous use of the established periodical courts to improve access to justice c. Conduct an accommodation audit and align accommodation with organisational structures and new legislative mandate d. Liaise with DPW to reduce sharing of premises so as to maximise supply of justice services to meet demands e. Integrated, proactive and effective planning (engagement with other stakeholders like policy units, Family Advocates, Master s Office, State Attorneys, NPA, Justice College, State Law Advisor reform) f. Develop Property Management Information System (PMIS) g. Extensive consultation with stakeholders affected by new magisterial districts Strategic Objective 9 Improved level of compliance with quasi-judicial standards of service Objective statement Objective indicator Improved level of compliance with quasi-judicial standards of services by clerks of courts relating to the creditors and for request for default judgments by legal practitioners courts Percentage of clients satisfied with quasi-judicial services 5-year strategic target Baseline and target to be determined during 2015/16 Baseline 10 Justification No baseline information The department can deliver a number of services with little or no involvement of the judiciary and prosecution. It is important to ensure that the level of delivery of these services is properly monitored to assist with resource management and capacitation 10 5 years strategic target and targets from 2016/17 financial years onward will be determined once the baseline survey is completed in 2015/16 financial year. 44

Strategic Objective 9 Improved level of compliance with quasi-judicial standards of service Links a. Chapter 13 of the National Development Plan: Building a capable State b. Strategic Goal 2: Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal)(outcome 3 and 13) Risk/risk factor analysis a. Non-compliance with standard operating model in the department b. Inadequate management of Quasi-judicial functions c. Potential for poor implementation of the service delivery improvement programmes due to lack of resources d. Inadequate record and information management Risk mitigation a. Continuous engagement with officials at branch, regional, service-point level through service standards training, service charter awareness campaigns, service delivery improvement plans (SDIPs) etc. to entrench a common understanding of the service delivery improvement programmes b. Continuous implementation of the service standards c. Phase in rollout of the offsite storage to critical sites Budget for Programme 2 Court Services Subprogramme Audited outcome Adjusted Medium-term expenditure estimate appropriation R million 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Lower Courts 2 911.4 3 394.3 3 628.7 3 883.0 4 058.9 4 211.4 4 461.0 Family Advocate 105.9 125.8 148.7 192.3 202.3 208.7 221.4 Magistrates Commission 10.4 11.9 10.1 15.1 16.3 19.2 20.3 Government Motor Transport 23.2 37.0 28.4 35.6 18.2 19.0 20.0 Facilities Management 700.4 813.6 480.2 681.4 755.0 1 012.4 1 062.0 Administration of Courts 361.5 422.3 459.0 526.4 475.7 507.6 529.7 Total 4 112.8 4 804.9 4 755.1 5 333.8 5 526.4 5 978.3 6 314.4 Change to 2014 Budget estimate - - - (161.6) (67.8) (163.7) (179.3) Audited outcome Adjusted Medium-term expenditure estimate appropriation R million 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Economic classification - _ Current payments 3 369.7 4 075.6 4 207.0 4 590.5 4 732.9 4 925.5 5 210.6 Compensation of employees 2 306.1 2 553.8 2 867.7 3 223.7 3 327.4 3 430.3 3 646.8 Goods and services 1 062.4 1 521.8 1 339.3 1 366.8 1 405.5 1 495.2 1 563.8 of which: Communication 94.2 101.4 100.9 101.8 99.6 87.5 91.3 Agency and support/outsourced services 94.0 299.2 156.9 174.4 79.2 134.0 140.0 Consumables: Stationery, printing and 40.1 151.0 193.3 194.5 183.7 189.6 198.7 office supplies 45

Property payments 383.6 520.7 464.7 369.7 434.8 548.7 576.3 Travel and Subsistence 183.8 219.4 181.8 192.5 198.6 232.3 231.2 Operating payments 85.6 90.8 78.8 86.2 244.3 109.1 122.8 Interest on land 1.2 - - Transfers and subsidies 12.2 19.2 19.6 25.6 20.5 21.3 22.4 Provinces and municipalities 0.3 0.4 0.5 0.3 0.4 0.4 0.4 Non-profit institutions _ Households 11.9 18.8 19.1 25.3 20.1 20.9 22.0 Payments for capital assets 729.1 707.6 524.9 716.9 773.0 1 031.5 1 081.4 Buildings and other fixed structures 683.6 621.2 387.6 568.8 661.5 920.1 966.1 Machinery and equipment 45.5 86.4 137.3 150.1 111.5 111.4 115.3 Software and other intangible assets _ Payments for financial assets 1.8 2.5 3.6 0.8 _ Total 4 112.8 4 804.9 4 755.1 5 461.8 5 526.4 5 978.3 6 314.4 Expenditure trends As this programme is labour intensive, the bulk of spending goes towards compensation of employees, property payments and capital assets in the Lower Courts and Facilities Management subprogrammes. Consistent with the National Development Plan s vision 2030 and priorities of the Medium Term Strategic Framework, the department s spending focus over the medium term will continue to be on improving services in courts to ensure speedy resolution of court cases, implementation of legislations, improving access to justice mainly by opening new high courts in Polokwane and Nelspruit as well as the rationalisation process of areas of jurisdiction of courts. The decrease in expenditure in the Facilities Management subprogramme between 2012/13 and 2014/15 was due to delays in the implementation of capital works projects. Spending on and other fixed structures under Facilities management subprogramme is expected to decrease by R408.4 million over the MTEF period 46

due to reprioritisation mainly caused by the historical under spending mainly to fund the capacitation of Family advocates, courts in rural areas as well as capacitation of Human Rights and Legal aid South Africa. Spending on s and other fixed structures is expected to increase thereafter. These allocations allow the department to direct the spending focus over the medium term towards enhancing the administration of courts, improving case flow management, new courts, and refurbishing existing ones. The number of personnel is expected to increase from 13 901 in 2014/15 to 16 539 in 2017/18, including 1 291 posts which were vacant as at 30 September 2014, mainly due to natural attrition. Personnel numbers will increase mainly in post levels 7 to 10, as a result of increased demand for services and staffing of the new court s as well as rural courts capacitation. The increase in personnel over the medium term is expected to allow the department to reduce the case backlog from 26 369 in 2014/15 to 22 652 in 2017/18. In order to improve access to justice further 15 branch courts will be re-designated into full services courts (detached courts) per year until 2018/19 to provide full court services, through upgrading infrastructure, conferring new and extended jurisdiction and by providing additional staff, training and accommodation. The following courts are funded under the programme and the department offers the following services: Court Number Province Services Regional Magistrate Courts (criminal) Regional Magistrate Courts (civil) 248 All provinces It adjudicates over serious criminal matters 62 All provinces It adjudicates over civil disputes of between R100 000 and R300 000, and family disputes (including divorce matters) District courts 476 All provinces It adjudicates over less serious criminal matters and civil disputes of less than R100 000 and family matters, including maintenance Small claims courts 330 All provinces It adjudicates certain civil disputes, the value of which is up to R15 000 47

10.3 PROGRAMME 3: STATE LEGAL SERVICES Purpose: To provide legal and legislative services to organs of state, supervise the administration of deceased and insolvent estates, as well as the liquidation of juristic persons, the registration of trusts and the management of the Guardian s Fund. This programme comprises the following components: i. State Law Advisors: Provides legal advisory services to the executive, all state departments, parastatals and autonomous government bodies ii. iii. iv. Litigation and Legal Services: Provides services rendered by attorneys, and conveyancing and notary public services to the executive, all state departments and parastatals Legislative Development: Prepares and promotes legislation and conducts research Master of the High Court: Supervises the administration of deceased and insolvent estates, trusts, curatorship and the Guardian s Fund v. Constitutional Development: Promotes constitutional development and education in a culture of human rights. Strategic objectives for this programme are the following: i. Increased efficiency in the provision of Master s services to all beneficiaries thereof; ii. iii. iv. Improved management of litigation on behalf of the state to reduce litigation costs and transform the legal profession; Enhance re-integration of petty offenders into socio-economic environment; Provision of legal advisory services which pass constitutional muster; v. Fulfillment of international obligations of the Department; vi. vii. viii. Development of legislative instruments that withstand constitutional challenges; Promotion of broad based knowledge about and support for the values of Equality, Human dignity and Fundamental Human Rights; and Implementation of the TRC recommendations, as approved by Parliament, for purposes of contributing to healing the wounds of the past and restoring human dignity. 10.3.1 Strategic objectives The list of strategic objectives and the key performance indicators in relation to Programme 3 are as follows: Strategic Objective 10 Increased efficiency in the provision of Master s services to all beneficiaries thereof Objective statement Implement projects to increase efficiencies in the delivery of services of the Master of the High Court Objective indicator Number of visits to the Master s Web portal 11 This is a new indicator, the targets are not based on audited figures and therefore they will be confirmed during the 48 2016/17 financial year review.

Strategic Objective 10 Increased efficiency in the provision of Master s services to all beneficiaries thereof 5 year strategic target 140 000 web visits Baseline Justification 91 000 web visits Increased accessibility and availability of masters services and information is important to service delivery. Links a. Chapter 11 of the National Development Plan: Social Protection b. Chapter 13 of the National Development Plan: Building a capable State c. Strategic Goal 3: Provision of quality legal services that strengthens the capacity of the State (Outcome 12) Risk/risk factor analysis a. Insufficient budget to provide resources to meet the demands a. The network is slow and unstable a. Hardware malfunctions (scanners not working) Risk mitigation a. Effective utilisation of systems should improve efficiency in delivering masters services b. Close inter-branch cooperation should take place to seek solutions to the challenges of networks Strategic Objective 11 Objective statement Objective indicator 5-year strategic target Baseline 11 Justification Improved management of litigation on behalf of the state to reduce litigation costs and transform the legal profession. Increase savings on behalf of the state Percentage of savings on damages claimed Baseline and target to be finalised during the 2015/16 financial year No baseline information The indicator will improve the quality of services Links a. Chapter 13 of the National Development Plan: Building a capable State b. Strategic Goal 3: Provision of quality legal services that strengthens the capacity of the State (Outcome 12) 12 This is a new indicator, the targets are not based on audited figures and therefore they will be confirmed during the 2016/17 financial year review. 49

Strategic Objective 11 Improved management of litigation on behalf of the state to reduce litigation costs and transform the legal profession. Risk/risk factor analysis a. Legal costs increasing above inflation rate b. Client departments not issuing timeous and adequate or detailed instructions c. Rejection of offers for the state by the other side Risk mitigation a. Early settlements b. Performance Agreements and service level agreements with clear Performance Standards c. Engagements of stakeholders Strategic Objective 12 Objective statement Objective indicator Enhanced re-integration of petty offenders into the socio-economic environment Increase re-integration of offenders into socio-economic environment Number of offenders whose convictions were cleared to facilitate re-integration into the socio-economic environment 5-year strategic target 70 000 during the 2015/16 financial year 6 Baseline 12 Justification 9000 in 2014/15 Financial year The indicator will increase re-integration of offenders into socio-economic environment Links a. Chapter 3 of the National Development Plan: Economy and Employment a. Chapter 15 of the National Development Plan: Transforming Society and Uniting the Country. a. Strategic Goal 3: Provision of quality legal services that strengthens the capacity of the State (Outcome 12) Risk/risk factor analysis Criminal Records Centre may not clear the records Risk mitigation a. Monitor the process carefully b. Engage with stakeholders if necessary 12 This is a new indicator, the targets are not based on audited figures and therefore they will be confirmed during the 2016/17 financial year review. 50

Strategic Objective 13 Provision of quality legal advisory services which pass constitutional muster Objective statement Objective indicator The objective of the Department is to offer legal opinion and certification of legislation that withstand constitutional challenges Percentage of legislative instruments and International Agreements which are successfully challenged in court for constitutionality 5-year strategic target <2% Baseline Justification No baseline The Office of the Chief State Law Adviser assist organs of state in running their affairs efficiently and effectively Links a. Chapter 13 of the National Development Plan: Building a capable State b. Chapter 14 of the National Development Plan: Promoting accountably and fighting corruption c. Strategic Goal 3: Provision of quality legal services that strengthens the capacity of the State (Outcome 12) d. Outcome 3: Sub-outcome 7: Corruption in the public and private sector reduced Risk/risk factor analysis a. Unavailability of specialised skills b. Inadequate command and control measures (challenges with the occupation-specific dispensation (OSD) c. Capacity constraints d. Inadequate supply chain processes e. Inadequate human resource processes Risk mitigation a. Development of internship programme to train the LLB Graduates in the field of drafting and translation of legislation. b. Checking of the performance standards to ensure that they are SMART Strategic Objective 14 Fulfillment of International Obligations by the Department Objective statement Objective indicator 5-year strategic target Baseline Justification The objective of the Department is to ensure domestic compliance with international obligations in accordance with the priorities of government. Number of country reports tabled timeously and treaties ratified 12 Country reports and 5 ratifications Two reports and one ratification submitted to the UN in 2014/15 financial year The International Legal Relations Office assists government in complying with its international obligations 13 The baseline information is based on the percentage of legislative instruments enacted since the beginning of 2010, which were challenged for constitutionality 51

Links a. Chapter 12 of the National Development Plan: safer communities b. Chapter 14 of the National Development Plan: Promoting accountability and fighting corruption c. Outcome 3: Sub-outcome 7: Corruption in the public and private sector reduced Risk/risk factor analysis f. Lack of timeous provision of information g. Inadequate command and control measures (information not within the department and has to be sourced from partner departments) h. Capacity constraints i. Lack of response from departments which information is sourced from j. Outdated information provided Risk mitigation a. Sourcing for information from government documents b. Hosting inter-departmental information sharing sessions c. Desktop, book-based research Strategic Objective 15 Development of legislative instruments that withstand constitutional challenges Objective statement Objective indicator 5-year strategic target Development of legislation that withstands constitutional challenges Percentage of legislative instrument successfully challenged in court for constitutionality Less than 2% of legislative instrument successfully challenged in court Baseline No baseline 13 Justification Legislative development assists with the processes and procedures to develop legislative instruments. These instruments allow for the transformation of the legislative framework and society in general Links a. Chapter 12 of the National development Plan :Building safer communities and b. Chapter 14 of the National Development Plan : Promoting accountably and fighting corruption c. Strategic Goal 3: Provision of quality legal services that strengthens the capacity of the State (Outcome 12) d. Sub-outcome 4 of Outcome 3 : Secure cyber space and Sub-outcome 7: Corruption in the public and private sector reduced Risk/risk factor analysis a. Delays in the approval of the relevant legislation b. Dependency on other role-players c. Potential resistance from communities Risk mitigation a. Wide consultation with civil society and relevant departments to ensure acceptance as well as coordinated planning and execution 13 The baseline information is based on the percentage of legislative instruments enacted since the beginning of 2010, which were challenged for constitutionality 52

Strategic Objective 16 Objective statement Objective indicator 5-year strategic target Promotion of broad based knowledge about and support for the values of Equality, Human dignity and Fundamental Human Rights Enhancing and improving broad based knowledge about and support for the values of Equality, Human dignity and Fundamental Human Rights by implementing participatory and constitutional advocacy programmes Percentage of people with awareness of the constitution 65% with awareness of the Constitution by 2018/19 financial year Baseline 14 45% of people are aware of the constitution (Survey report of 2012/13) Justification The importance of constitutional development was re-affirmed as a priority for 2015/16. This branch will assist the state to grow the human rights culture that is an imperative for a well-established democracy Links a. Chapter 15 of the National Development Plan: Transforming society and uniting the Country b. Strategic Goal 4: Promote constitutionalism and Social justice to contribute to social cohesion (Outcome 14) c. Sub outcome 1 of Outcome 14: Fostering Constitutional Values d. Sub outcome 2 of Outcome 14: Equal opportunity, inclusion and redress Risk/risk factor analysis a. Capacity constraints and inadequate skills b. Lack of budget to implement the protection of Constitutional development and human rights c. Delay in finalisation of the National Action Plan to combat Racism, Racial discrimination, Xenophobia and related intolerance Risk mitigation a. Ensure that funding is aligned with the mandate of the Constitutional Development Branch and its capacitation b. Conduct skills audit to determine current skills and required skills and facilitating skills training c. Appointment of the DDG Constitutional Development Branch d. Finalisation of National Action Plan and obtaining cabinet endorsement, consultation with relevant department and stakeholders Strategic Objective 17 Objective statement Objective indicator Implementation of the TRC recommendations as approved by Parliament for purposes of contributing to healing the wounds of the past and restoring Human dignity Contribution to healing the wounds of the past and restoration of human dignity by increasing access to reparation funds in the President s Fund Number of community Rehabilitation programme completed in line with TRC recommendations 14 This is a new indicator, the targets are not based on audited figures and therefore they will be confirmed during the 2016/17 financial year review. 53

Strategic Objective 17 5-year strategic target Implementation of the TRC recommendations as approved by Parliament for purposes of contributing to healing the wounds of the past and restoring Human dignity 18 communities Baseline No baseline Justification a. Healing the wounds of the past and restoration of human dignity by increasing access to reparation funds in the President s Fund will assist in realising outcome 14 which is about Nation Building and Social Cohesion and Chapter 15 of the National Development Plan: Transforming society and uniting the country Links a. Chapter 15 of the National Development Plan: Transforming society and uniting the country b. Strategic Goal 4: Promote constitutionalism and Social justice to contribute to social cohesion (Outcome 14) c. Outcome 14 of the MTSF: Nation Building and Social Cohesion Risk/risk factor analysis a. Dependency on the finalisation of regulations and subsequent failure to provide victims with access to services b. Lack of cooperation and participation from communities stakeholder Risk mitigation a. Coordination of various activities enabling the drafting of regulations b. Consultation with civil society and relevant government departments, ongoing communication with and briefing of stakeholders in respect of buy-in and community engagement process 54

Budget for Programme 3 Legal Services budget State Legal Services Sub-programme Adjusted Audited outcome appropriation Medium-term expenditure estimate R million 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 State Law Advisors 49.4 53.0 57.5 62.8 72.7 77.4 82.2 Litigation and Legal Services 267.5 315.1 332.9 363.6 387.9 411.6 436.2 Legislative Development and 38.9 41.7 47.0 53.1 56.3 59.8 63.5 Law Reform Master of the High Court 331.0 353.4 385.0 407.2 442.3 469.5 498.3 Constitutional Development 11.0 28.4 45.7 77.7 73.0 76.4 80.8 Total 697.7 791.6 868.1 964.4 1 032.2 1 094.7 1 161.0 Change to 2013 budget estimate 42.4 30.5 28.2 29.2 55

Audited outcome Adjusted appropriation Medium-term expenditure estimate R million 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Economic classification Current payments 687.7 779.1 830.0 921.8 1 005.9 1 067.6 1 132.5 Compensation of employees 595.1 651.2 713.2 797.3 878.4 936.7 995.3 Goods and services 92.4 127.9 116.8 124.5 127.5 130.9 137.2 of which: Assets less than the capitalisation 4.7 8.7 6.1 5.8 7.4 7.7 7.9 threshold Communication 15.3 16.1 13.7 16.0 13.9 14.5 15.1 Consultants and professional services: Legal costs Consumables: Stationery, printing and office supplies 28.6 53.9 39.9 35.8 32.8 34.9 36.5 8.2 10.0 13.6 16.5 18.1 18.6 19.3 Travel and subsistence 19.7 23.8 23.3 22.5 26.0 24.8 26.9 Operating payments 9.8 7.5 8.7 9.4 9.5 9.8 10.2 Interest and rent on land 0.2 - _ Transfers and subsidies 2.6 3.7 20.7 32.3 16.1 16.9 17.8 Provinces and municipalities _ Departmental agencies and - - - - - - - accounts Foreign governments and 10.4 25.1 14.4 15.2 16.0 international organisations Households 2.6 3.7 10.3 7.2 1.7 1.7 1.8 Payments for capital assets 7.4 8.8 14.7 10.2 10.2 10.2 10.7 Machinery and equipment 7.4 8.8 14.7 10.2 10.2 10.2 10.7 Software and other intangible _ assets Payments for financial assets - _ 2.7 0.1 _ Total 697.7 791.6 868.1 964.4 1 032.2 1 094.7 1 161.0 Expenditure trends Expenditure on compensation of employees takes up an average 84.49 % of total spending over the seven-year period as this programme is labour intensive. The spending focus over the medium term will be on appointing additional personnel mainly on level 11 and 12 particularly on the Litigation and Legal services subprogramme. This will enable an increase in the successful conclusion of cases by the state attorneys from 61 % in 2014/15 to 63 % in 2017/18. To achieve these targets, funds to the amount of R34 million in 2015/16, R36 million in 2016/17 and R38 million in 2017/18, were reprioritised to this programme. Between 2011/12 and 2014/15, expenditure on compensation of employees increased significantly due to additional allocations for the implementation of the occupation specific dispensation for legally qualified professionals and additional funding for improved conditions of service. The number of personnel in this programme is expected to increase from 2 244 in 2014/15 to 2 603 in 2017/18. This will include filling the 299 posts that were vacant as at 30 September 2014 mainly due to natural attrition. 56

The budget allocations over the medium term will enable the department to improve the legal system by preparing at least 15 bills and 20 subordinate legislative instruments for submission to the Minister of Justice and Constitutional Development as well as increasing efficiency in the provision of services to beneficiaries of the Guardian s Fund, trusts and insolvents and deceased estates. 10.4 PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY Although the NPA is funded through the Justice and Constitutional Development vote account, with the Director- General as the accounting officer, the NPA has its own Annual Performance Plan and Strategic Plan which is reported separately from the Departments Annual Performance Plan and Strategic Plan. The Constitution entrenches the independence of the prosecutorial decisions taken. 10.5 PROGRAMME 5: AUXILIARY AND ASSOCIATED SERVICES 10. 5.1 Introduction This programme comprises the following components: Legal Aid South Africa funds Legal Aid South Africa, which provides legal aid to indigent people and legal representation at the state s expense, as set out in the Constitution; Special Investigating Unit funds the Special Investigating Unit, which provides professional forensic investigating and litigation services to all state institutions at national, provincial and local levels to combat maladministration, corruption and fraud; and protects state assets and public funds; Public Protector of South Africa funds the Public Protector of South Africa, which investigates any alleged improper conduct in state affairs, public administration, or any sphere of government; as well as any conduct that results in any impropriety or prejudice; South African Human Rights Commission funds the South African Human Rights Commission, which promotes and monitors the observance of human rights in South Africa; Justice Modernisation designs and implements IT infrastructure and networks; and re-engineers, automates and integrates business processes for the administration of civil and criminal justice in the integrated justice system; and President s Fund provides funding for reparations flowing from the findings of the Truth and Reconciliation Commission. These entities are funded through the Department of Justice and Constitutional Development s Vote account. Two are Chapter 9 institutions: the South African Human Rights Commission and the Office of the Public Protector. The other two are public entities reporting to the Minister: Legal Aid South Africa and the Special Investigating Unit (Programme 5). They are fully independent and draw their mandates from legislation and the Constitution. For this reason, they discharge their mandates independently of the Department of Justice and Constitutional Development. 57

10.5.2 Strategic objectives The list of strategic objective (s) and the key performance indicators in relation to Programme 5 are as follows: Strategic Objective 18 Objective statement Establishment of an integrated electronic CJS to modernise the management of the Criminal Justice information Develop and implement integrated Technology Solutions to ensure modernisation in order to enhance the efficiency of the CJS Objective indicator Number of KPIs on the Integrated Criminal Justice Systems 5-year strategic target Baseline Justification 28 KPIs on the Integrated Criminal Justice Systems 14 KPI s completed in the 2014/15 financial year The department does not only contribute to the outputs of the cluster delivery agreement, but also coordinates the cluster deliverables at all levels in the cluster Links a. Chapter 12 of the National Development Plan: Building safer communities b. Sub-outcome 2 of Outcome 3: An efficient and effective criminal justice system c. Strategic Goal 2: Improved administration support to the justice system enabling efficient resolution of cases. ( civil, family law and criminal)(outcome 3 and 13) Risk/risk factor analysis a. Inadequate coordination among the relevant departments and availability of stakeholders b. Possible procurement delays c. Interdepartmental dependencies and inadequate capacity (Skills) d. Possible delays in cabinet approvals regarding other areas of the project Risk mitigation a. Involve and engage the relevant departments to improve the coordination and reporting in the cluster b. Executive involvement at cluster level and monitoring the implementation of cluster resolutions c. Capacitation of departmental Project teams 58

10.5.3 Resource consideration The budget shown in the table on the following page has assisted in delivering services within Programme 5. Budget for Programme 5 Auxiliary and Associated budget Subprogramme Audited outcome Adjusted appropriation Medium-term expenditure estimate R million 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Legal Aid South Africa 1 137.5 1 255.1 1 375.4 1 504.7 1 523.0 1 577.2 1 754.4 Special Investigating Unit 323.2 340.7 295.9 296.8 304.5 316.7 346.2 Public Protector of South Africa 153.7 183.1 199.3 217.6 245.4 262.6 279.7 South African Human Rights Commission 89.8 101.5 119.3 130.1 144.3 153.5 161.9 Justice Modernisation 391.3 528.2 606.1 942.1 976.3 1 026.7 1 072.2 President s Fund Total 2 095.5 2 408.6 2 596.0 3 091.3 3 193.5 3 336.7 3 614.4 Change to 2013 budget estimate - - - 21.3 (61.9) (82.9) 23.8 Audited outcome Adjusted appropriation Medium-term expenditure estimate R million 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 Current payments 381.4 432.6 470.1 621.2 621.5 645.2 677.5 Goods and services 381.4 432.6 470.1 621.2 621.5 645.2 677.5 of which: Assets less than the capitalisation threshold 22.2 5.9 9.4 2.0 0.8 0.9 0.9 Computer services 313.4 409.7 441.3 393.8 575.2 604.3 642.5 Contractors 19.9 6.2 2.3 0.1 3.0 3.8 4.0 Agency and support/outsourced services 25.8 10.7 6.8 35.8 40.6 34.3 28.0 Consumables: Stationery, printing and office supplies 0.1 0.0 0.0 1.1 0.6 0.6 0.6 Travel and subsistence 0.0 0.0 0.0 1.0 1.0 1.1 1.2 Transfers and subsidies 1 704.2 1 880.5 1 989.9 2 149.2 2 217.2 2 310.0 2 542.2 Payments for capital assets 9.9 95.5 131.6 320.9 358.4 381.8 395.2 Machinery and equipment 9.9 87.0 131.7 340.4 407.6 429.2 450.6 Software and other intangible assets - 8.4 - - - Payment for financial assets - - 4.4 Total 2 095.5 2 408.6 2 596.0 3 091.30 3 193.5 3 336.7 3 614.4 59

Expenditure Trends This programme s budget is mainly dominated by transfers to public entities and constitutional institutions. The spending focus over the medium term will be on capacity in these entities and constitutional institutions, as well as accelerating the modernisation projects administered by the department on behalf of the justice, crime prevention and security cluster. The modernisation of the criminal justice system is in line with government s priority of modernising all aspects of the system. Significant spending is evident in transfers and subsidies between 2011/12 and 2014/15, due to additional funding to increase personnel capacity in the entities and constitutional institutions as well as additional allocation for the modernisation and revamp of the criminal justice system. Expenditure on computer services increased significantly between 2011/12 and 2014/15, mainly due to the investment made on the information, communication and technology systems of the justice, crime prevention and security cluster. The significant increase in expenditure on agency and support services is due to an increase in the number of external service providers for computer related services. However the increase on justice modernisation remains minimal due to an amount of R138 million that was reprioritised from the Justice Modernisation subprogramme, R60 million to Financial Intelligence Centre for human resource capacity and R78 million to capacitate the public entities over the MTEF period. 11 LONG-TERM INFRASTRUCTURE PLAN Below is the list of infrastructure planned for the MTEF period Long-term Infrastructure Plan Project name Type of infrastructure Current project stage Service delivery outputs Initial project cost Nelspruit High Court High Court Construction New for the province Polokwane High Court High Court Construction New for the province (R million) 706.4 876.3 60

Project name Type of infrastructure Current project stage Service delivery outputs Initial project cost (R million) Ntuzuma Magistrate Office Magistrate Office Hand over New 274.3 Port Shepstone Magistrate Office Magistrate Office Construction New 334.1 South Gauteng High Court High Court Construction Extensions of existing 385.8 Katlehong Magistrate Office Magistrate Office Hand over New 332.4 Booysens Magistrate Office Magistrate Office Design New 262.4 Soweto Magistrate Court Magistrate Office Identification New 382.6 (formally known as Orlando Magistrate) Accessibility Programme: Phase 2 Magistrate Office Various Accessibility to court 105.9 additions Mamelodi Magistrate Office Magistrate Office Construction New 123.8 Plettenberg Bay Magistrate Magistrate Office Design New 176 Office Richard s Bay Magistrate Office Magistrate Office Design New 207.1 Kagiso Magistrate Office Magistrate Office Hand over New 74.1 Jan Kempdorp Magistrate Office Magistrate Office Design New 45.0 Garies Magistrate Office Magistrate Office Design New 86.8 Lothair Periodical Court Magistrate Office Design New 31.7 Bityi Periodical Court Periodical Court Design New 53.0 Dimbaza Periodical Court Periodical Court Tender New 104.0 Soshanguve Magistrate Office Magistrate Office Design Extension to existing 69.9 Port Elisabeth High Court High Court Construction Extension to existing 86.4 Pietermaritzburg NPA Building Office Design Extension to existing 75.0 Humansdorp Magistrate Office Magistrate Office Design Extension to existing 19.7 KwaMbonani Periodical Court Periodical Court Design Extension to existing 61.4 Umtata Magistrate Office Magistrate Office Design Extension to existing 162.4 Cala Magistrate Office Magistrate Office Design Extension to existing 12.2 Nyoni Periodical Court Periodical Court Design Extension to existing 13.8 Wolmaranstad Magistrate Office Magistrate Office Design Extension to existing 29.9 Bisho High Court High Court Feasibility Extension to existing 28.3 Mount Ayliff Magistrate Office Magistrate Office Design Extension to existing 55.6 Barkley East Magistrate Office Magistrate Office Design Extension to existing 6.6 61

Project name Type of infrastructure Current project stage Service delivery outputs Initial project cost Whittlesea Magistrate Office Magistrate Office Design Extension to existing Christiana Magistrate Office Magistrate Office Design Extension to existing Fraserburg Magistrate Court Magistrate Office Design Extension to existing Umbumbulu Magistrate Office Magistrate Office Construction Extension to existing Upgrading, renovations and refurbishments Magistrate Office Various Upgrading of various offices (R million) 68.5 Various smaller courts Magistrate Office Design Upgrading of various 125.5 offices Goodwood Magistrate Office Magistrate Office Pre-feasibility New 145.5 Planning for various courts Magistrate Office Identification Smaller construction 72.3 projects Tshilwavhusiku Magistrate Office Magistrate Office Design New 9.5 Tsineng Magistrate Office Magistrate Office Identification New 49.2 18.2 9.6 48.3 92.5 Villiers Magistrate Office Magistrate Office Feasibility Extension to existing Bultontein Magistrate Office Magistrate Office Feasibility Extension to existing Bloemfontein High Court Magistrate Office Design Extension to existing Kroonstad Magistrate Office Magistrate Office Design Extension to existing Welkom Magistrate Office Magistrate Office Design Extension to existing Caledon Magistrate Office Magistrate Office Hand over Extension to existing Ladysmith Magistrate Office(WC) Magistrate Office Design Extension to existing Grabouw Magistrate Office Magistrate Office Design Extension to existing Clanwilliam Magistrate Office Magistrate Office Design Extension to existing Cape Town Magistrate Office Magistrate Office Design Extension to existing Cape town Justicia Building Magistrate Office Tender Extension to existing s Msinga Magistrate Office Magistrate Office Design Extension to existing Umzimkulu Magistrate Office Magistrate Office Design Extension to existing 7.7 1.1 1.6 2.6 18.2 16.9 10.9 8.5 9.4 14.7 109.1 22.0 45.8 62

Project name Type of infrastructure Current project stage Service delivery outputs Initial project cost Ixopo Justice Cluster Magistrate Office Design Extension to existing Ingwavuma Justice Cluster Magistrate Office Design Extension to existing Kranskop Justice Cluster Magistrate Office Design Extension to existing Greytown Justice Cluster Magistrate Office Design Extension to existing Bergville Justice Cluster Magistrate Office Design Extension to existing Paulpietersburg Justice Cluster Magistrate Office Design Extension to existing Magudu Justice Cluster Magistrate Office Design Extension to existing Sundumbili Magistrate Office Magistrate Office Design Extension to existing Newcastle Magistrate Office Magistrate Office Design Extension to existing Durban Magistrate Office Magistrate Office Design Extension to existing Vulamehlo Magistrate Office Magistrate Office Design Extension to existing s Pofadder Magistrate Office Magistrate Office Design Extension to existing Hopetown Magistrate Office Magistrate Office Design Extension to existing Kakamas Magistrate Office Magistrate Office Design Extension to existing Keimos Magistrate Office Magistrate Office Design Construction of new Court Mankwe Magistrate Office Magistrate Office Hand over Extension to existing s Klerksdorp Magistrate Office Magistrate Office Design Extension to existing s Evander Magistrate Office Magistrate Office Design Extension to existing s Tzaneen Magistrate Office Magistrate Office Design Extension to existing s Dzanani Magistrate Office Magistrate Office Design Extension to existing s Naboomspruit Magistrate Office Magistrate Office Design Extension to existing s Ezibeleni Magistrate Office Magistrate Office Design Extension to existing s King Williams Town Magistrate Office Magistrate Office Design Extension to existing s (R million) 25.2 32.4 5.1 21.8 25.7 17.2 18.2 16.5 98.0 106.0 40.4 20.0 34.0 5.9 19.1 2.4 29.8 10.0 39.1 19.8 30.8 17.9 6.4 63

Project name Type of infrastructure Current project stage Service delivery outputs Initial project cost Grahamstown Magistrate Office Magistrate Office Design Extension to existing s Seymour Magistrate Office Magistrate Office Design Extension to existing s Middelburg Magistrate Office (EC) Magistrate Office Design Extension to existing s Port Elisabeth Magistrate Office Magistrate Office Design Extension to existing Bedford Magistrate Office Magistrate Office Design Extension to existing Odi Magistrate Office Magistrate Office Design Extension to existing Pretoria Palace of Justice Magistrate Office Construction Extension to existing Rustenburg Magistrate Office Magistrate Office Design Extension to existing (R million) 5.1 22.1 47.4 12.0 12.8 53.6 21.0 85.0 12 CONDITIONAL GRANTS No conditional grants were issued by the department. 13 PUBLIC ENTITIES Refer to section 5.5 14 PUBLIC-PRIVATE PARTNERSHIPS No public-private partnerships are funded by the department at the moment. 64

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Department of Justice & Constitutional Development Private Bag X81 Pretoria 0001 www.justice.gov.za @dojcd_za The Department of Justice and Constitutional Development (Doj&Cd) ISBN: 978-0-621-43510-8