Constitutional Development, National Council of Provinces, Parliament
14 June 2007,
Chairperson,
Honourable Ministers and Deputy Ministers,
Honourable Members,
Comrades and friends,
Ladies and gentlemen
This policy debate takes place two days before the 31st anniversary of the
Soweto Uprising. On Saturday it will be 31 years since the youth of South
Africa marched in all parts of the country for a better education and a
transformed South Africa. We salute many of those who bravely undertook that
journey and in the process sacrificed their youth and their lives.
As our contribution to youth development, the department currently employs
134 young interns. These legally qualified interns have found a home in Court
Services (69 interns), 35 candidate attorneys are placed with the State
Attorney on two year contract, 15 are employed as legal secretaries and two are
deployed as State Law Advisers.
The department plans to employ 100 law graduates that are to be employed at
the law clinics of the various universities in 2007/08. We believe these
initiatives will strengthen our current pool of possible recruits while at the
same time an opportunity is afforded to these individuals to gain experience in
a very competitive work environment.
On the eve of our budget vote in the National Assembly last month we hosted
a moot court competition involving law students from the universities of the
Western Cape and Stellenbosch. The competition is intended to encourage law
students to apply their theoretical knowledge of the law to a practical
situation.
Introduction
Honourable Members,
It is a pleasure to stand before you and report back to this House because
we are indeed making progress in providing an efficient and modern court system
within the context of an improved justice system. I want to use this occasion
to thank all the dedicated people in the department. There are, without a
doubt, huge improvements in the administration of justice and we are getting
better all the time.
Within the broader context synergies are being established in the Justice
Crime Prevention System (JCPS) cluster. The various departments of the JCPS
Cluster have worked well together and I am pleased to be able to declare that
as a cluster we have done much to improve the processes across the whole
integrated justice system (IJS) value chain. We have established provincial
counterparts of the National Development Committee and transversal activities
across the various departments are now being aligned. We have moved away from
dealing with our mandates in an isolated manner. Court managers in many parts
of the country co-ordinate the work of the department.
Budget allocations
Chairperson,
The department's budget between 2003/04 and 2009/10, including statutory
amounts, increases at an average annual rate of 13,6%, from R4,9 billion in
2003/04 to R10,6 billion in 2009/10. The Department's total budget for the
2007/08 financial year is R8,5 billion. R2,9 billion is allocated to the court
services programme, R1,8 billion is for the National Prosecuting Authority
(NPA) and R925 million is for the Chapter nine institutions. The budget
allocated to the Court Services programme include an amount of R467 million to
improve infrastructure.
The budget division in terms of our regional offices is as follows:
KwaZulu-Natal: R294 million
Eastern Cape: R300 million
Gauteng: R350 million
Mpumalanga: R109 million
Limpopo: R172 million
Western Cape: R219 million
Free State: R156 million
Northern Cape: R71 million
North West: R138 million
Access to justice
We are committed to bringing justice services closer to all the people of
this country. Our priority is therefore, to create adequate capacity at our
courts to respond to the people's needs for swift and accessible justice.
Courts' performance
Chairperson,
Case cycle times have been improved. For example:
* The finalisation rate achieved by the Regional Courts during 2006 indicates
clearly an improved performance.
* During an audit conducted on outstanding cases countrywide at the end of
November 2006, it was determined that the cycle times of cases in the Regional
Courts have been reduced from the previous year. The cycle time of cases from
first appearance in the District Court to first appearance in the Regional
Court comprises on average five months.
From the date of first appearance in Regional Court to finalisation is on
average another 11 months. A total cycle time of 16 months is therefore
maintained nationally on Regional court cases. This is an improvement on the
cycle time of 20 months that was recorded for Regional court cases in 2005.
In the High Courts, 84% of cases had been finalised within three years of
first appearance in the District Court compared to a mere 53% the previous
year. The audit on outstanding cases conducted at the end of November 2006
indicated that the cycle times of all high court cases have shortened by three
months. Although the cycle times according to outstanding cases amount to an
average of 29 months, from date of first District Court appearance, the cycle
times on finalised cases are much shorter. This is because cases are being
'fast-tracked.'
It should also be noted that even with a general decline in the performance
of the courts, they have managed to maintain a high conviction rate. This is an
indication that the investigation of cases and quality of prosecutions have
improved. The District Courts exceeded their target of 85% with two percent by
maintaining an 87% conviction rate. The Regional Courts managed a 72%
conviction rate. Alternative dispute resolution (ADR) as part of the Case Flow
Management process is impacting positively on court productivity and cycle
times as more time is available to deal with trial matters.
At the end of January 2007, a total of 37 225 cases had been diverted,
compared to the total of 29 935 diversions during 2005/06 away from the
criminal justice system into suitable programmes. By diverting cases, the
incarceration of accused on trivial matters merely because they cannot afford
to pay a fine, is also prevented. I would like to congratulate the National
Prosecuting Authority, (NPA) in particular the National Director of Public
Prosecutions, Advocate Pikoli, for their work on ADR.
In a briefing earlier last month, Advocate Pikoli observed that: "Experience
has shown that diversion process is a very effective method to deal with first
time offenders in less serious matters. As it is closely linked with the
concept of restorative justice, it aims to rejoin the law-abiding community and
prevent re-offending." Honourable Members, I would also like to explore with
traditional leaders, the possible use of ADR in traditional courts. A range of
other initiatives are underway to improve not only court performance and case
flow management, but also strengthen the Integrated Justice System (IJS),
interaction and co-operation between all Justice, Crime Prevention and Security
cluster (JCPS) role players.
Guardian's Fund
We are pleased with our progress in the last year to improve controls and
correct some of the problems highlighted by the Auditor-General in the
management of the Guardian's Fund. In the past 10 years, there has been a
dramatic increase in the size of the fund which grew by more than R2 billion.
Clearly, the infrastructure had become inadequate and the staff complement,
woefully short. The consequence of this problem was that the systems could not
cope with the demand.
One of the problems was that our systems were manual, hence, automation was
crucial. I am pleased to say that we have turned all of this around through our
modernisation programme. While there was a great deal of delay, primarily with
regard to our ability to capture the data relevant to the balancing of our
books and because of the enormity of the exercise, we managed to put together a
project that has proven most successful. In the past year, we have managed to
automate three of the six sites and will have all our sites completed by the
end of the current financial year. During the last year, there were no reported
instances of any fraud or corruption. Honourable Members, all of these are
clear indications that we are making progress.
Chairperson,
Courts' infrastructure
We have had working meetings with the Department of Public Works and I am
confident that there will be progress in infrastructure management and
development. R308 million in our capital works programme was spent during
2006/07 on the construction of new courts and additional courtrooms to existing
courts. Improving security at our court buildings was a particular focus of the
department's reprioritisation process during the 2005/06 financial year. Fifty
x-ray machines and 200 walk-through metal detectors were procured and deployed
to high-risk court buildings. In addition, burglar proofing and perimeter
fencing were installed at all court buildings.
An amount of R467 million has been allocated for facilities management
(capital works, day-to-day maintenance and repair and upgrading) in the 2007/08
financial year. The funds will mainly be used for the continuation of
construction work of 11 major projects and for the planning and construction of
new courts in Katlehong, Garies, Bityi, Ntuzuma, Soshanguve, Lutzville, Ashton,
Bredasdorp, Sundumbili and Galeshewe.
The department plans to begin construction of new high courts in Limpopo and
in Mpumalanga in the 2007/08 financial year. The process of acquiring sites for
these courts is at an advanced stage. Of the amount of R467 million, R333
million will go towards the building of these new courts and additional
accommodation. The rehabilitation of the existing court infrastructure will be
looked into as well and is expected to cost R71 million.
A major drive in the new financial year will be to ensure that our
facilities are accessible for the disabled. An amount of R120 million is being
committed in the current financial year (from reprioritised funds) towards
making 36 court buildings accessible for the disabled. This amount is in
addition to the existing provision on the programme of the Department of Public
Works. Honourable Members, these successful collaborations give us hope for the
future.
National Prosecuting Authority
Court preparation programme
During 2006/07 the support and assistance rendered by court preparation
officials to assist victims of crimes and in particular abused children
continued. There are presently 68 court preparation officials with an
additional 34 to be appointed with effect Thursday, 1 March 2007. A uniform
training module has been developed and is to be submitted for
accreditation.
Awaiting trial detainee's project
Reducing the awaiting trial detainees, especially children was one of the
strategic initiatives identified by the NPA for 2006/07. The objective of the
project was to effectively reduce the number of awaiting trial detainees,
develop criteria to manage awaiting trial detainees according to severity of
crime, the effective management of children awaiting trial and to participate
at provincial level in awaiting trial detainees structures.
Sexual Offences and Community Affairs Unit (SOCA)
Over the years we watched Sexual Offences and Community Affairs Unit pursue
innovative ways of doing its work. One such example, is the Thuthuzela care
centre which is a world acclaimed integrated model dealing with violence
against women and children. Two more Thuthuzela care centres were launched in
the last financial year, bringing the total to 10. On the international front,
SOCA provided training to officials from various African countries on Sexual
Offences and advanced skills in the prosecution of child sex offenders and
child victim management. This training was also rolled out nationally to
prosecutors and other role-players. Through Project Ndabezitha, SOCA
successfully trained 104 traditional leaders from five provinces on managing
domestic violence in rural areas.
Priority Crimes Litigation Unit (PCLU)
The Priority Crimes Litigation Unit manages and directs investigations and
prosecutions of priority crimes, including contraventions of nuclear,
chemical/biological and conventional arms control legislation, and prosecutions
and tracing of missing persons arising from the TRC. With regard to missing
persons, 36 exhumations have been conducted so far. Twenty reburials have been
conducted. The unit has also been engaged with various cases dealing with
mercenary activities and nuclear proliferation. It is these successful
programmes that give us hope for the future.
Transformation of the Judiciary
Honourable Members,
I am pleased to report that we are making progress in the transformation of
the judicial system, and I wish to thank the Chief Justice and the Heads of
Courts for their leadership. Two Bills, the Judicial Service Commission
Amendment Bill and The Judicial Education Institute Bill, which are currently
before Parliament, are the product of intense and constructive engagement
between the Department, the judiciary and other stakeholders.
The proposed South African Judicial Education Institute Bill will, for the
first time in our history, introduce a state sponsored judicial education
programme for judges. The proposed Judicial Education Institute will provide
training for both judges and magistrates.
The Judicial Service Commission Amendment Bill is important as it will
enhance the accountability of judicial officers. I look forward to the
enactment of these important Bills during this year.
In addition to the above Bills already introduced in Parliament, there are a
number of other Bills on our Legislation Programme which have been identified
for priority introduction this year. These include, among others, the Child
Justice Bill, 13th Constitutional Amendment Bill, the Reform of Customary Law
of Succession Bill and the National Prosecution Amendment Bill.
Further, the Department is also finalising a consolidated policy framework
document to address other outstanding aspects relating to the transformation of
the judicial system. These include the rationalisation of the High Courts, the
harmonisation of the appointment procedures for judges and magistrates and
aspects relating to language usage in courts. Certain aspects of the discussion
document will be discussed at the conference of magistrates being planned for
sometime in August this year.
Chairperson,
It is important to inform you that the selection for the special project for
aspirant women judges has been completed. There are 23 women drawn from the
magistracy and the legal profession who have been selected to undergo a
specially designed judicial education programme which commenced on Monday, 4
June 2007. Future acting appointments may be made from the pool of those who
completed the course successfully. As honourable members are aware, only 16% of
the 203 judges are women. I am confident that this programme will bring us
closer to an equitable dispensation.
Honourable Members,
The process of the transformation of the judicial system includes the
transformation of the Traditional Courts. Traditional leaders are conferred
criminal and civil jurisdiction to exercise judicial authority in respect of
certain offences and claims. The conferment is by virtue of sections 10 and 20
of the Black Administration Act of 1927. Since the said Act is not consistent
with the current constitutional dispensation it was repealed in November
2005.
Only sections 12 and 20 which deal with the establishment and functioning of
Traditional Courts were kept in operation until 30 September 2007. This
extension is with a view to allow the Department to formulate policy on the
role of the traditional leaders under a democratic dispensation, which would be
followed by appropriate legislation to replace the repealed sections.
An interdepartmental task team comprising officials of my department and the
departments of Provincial and Local Government and Land Affairs has been
appointed to draft the required policy in conjunction with the national and
provincial houses of traditional leadership. A draft report which will form the
basis of new legislation to replace the dispensation contained in the Black
Administration Act will be submitted to Cabinet. I am hoping to have a more
open consultative process involving the public later in the year. This means
that we may not have legislation ready by the end of this year. The
participation of and contribution by the regions where the traditional court
dispensation applies, in the formulation of the desired policy, is vital.
Conclusion
In conclusion, I wish to thank the Chairperson of the Select Committee,
Kgoshi Mokoena and committee members for playing an important role in
exercising their oversight functions. Chairperson and Honourable Members, I
urge this House to support the Budget of the Department of Justice and
Constitutional Development for this financial year.
I thank you!
Issued by: Department of Justice and Constitutional Development
14 June 2007
