Justice and Constitutional Development on Budget Vote Speech by B
Mabandla

29 May 2007

A total budget of R8,5 billion is allocated to the department for the
2007/08 financial year. Out this budget allocation, R2,9 billion is allocated
to the court services programme, R1,805 billion is for the National Prosecuting
Authority (NPA) and R925 million is for the Chapter Nine institutions (and
public entities). An amount of R467 million is allocated to improve
infrastructure. An additional R277 million for the 2007 Medium Term Expenditure
Framework (MTEF) has been allocated to the department for the Modernisation of
the Integrated Justice Programme, which aims to automate and modernise systems
and improve inter-connectivity between departments in the criminal justice
system.

On court performance, the Minster reported that there was significant
improvement with regard to case cycle times in Regional Courts as compared to
the previous years. The Minister highlighted statistical examples on High
Courts. During 2006, cases finalised within three years of first appearance in
the District Court increased to 84%, 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 two-months," she
said.

Improvements in case backlogs and cycle times have been achieved through,
amongst others, the following measures:

* Digital recording equipment which replaced analogue equipment in courts to
improve transcription services and the turnaround time for
transcriptions.
* Development of the Audio Visual postponement process that provides for
awaiting trial detainees to appear before court without leaving the
Correctional Centre, therefore ensuring speedier court processes and improving
security aspects (less opportunity for escapes). A pilot is running in
KwaZulu-Natal. In the past 15 months, 4 899 remands were concluded without the
detainees leaving the correctional facility.
* Introduction of a special national Backlog Project through which additional
judicial officers, prosecutors and court interpreters were recruited.
* The implementation of the e-scheduler system in 436 Courts with a total
number of 3 389 users. The e-scheduler allows the user to generate information
on courts and to schedule cases properly, identify and address backlogs and
blockages.

Another significant announcement made by the Minister was that of conferring
full jurisdiction to courts in rural areas and former black townships. These
branch courts exercise limited jurisdiction and are entirely dependent on the
main courts in urban areas to deliver essential justice services. This leads to
the poor and vulnerable having to travel to the main cities for these services.
"In this financial year, 24 of the 90 Branch Courts countrywide will be
converted to hear all types of cases and provide a full range of services
within their locality," the Minister explained. In their current form, these
courts provide services relating to criminal trials only and exclude
maintenance, domestic violence, deceased estates and children's court
enquiries, which are services needed most by the vulnerable members of society.
Some of these courts are in the following areas: Alexandra, Mamelodi, Midrand
and Soweto in Gauteng, Emadadeni and Intuzuma in KwaZulu-Natal, Ezibeleni in
the Eastern Cape, Ekangala in Mpumalanga, Northam in Limpopo, Galeshewe and
Poffader in Northern Cape and Bluedowns and Khayelitsha in Western Cape. "By
conferring jurisdiction to these 24 courts an estimated seven million people
served by these courts collectively will be spared the hardships and pain of
enduring long distances and high costs to access courts and services outside
their areas of residence," she said.

Further, as part of the review of the lower courts the department will
gradually substitute the Periodical Courts with proper full-time
community-based courts which will have the same effect as above. The Minister
further announced that in the current financial year, the department will
embark on the expansion of services of the Office of the Master of the High
Court to rural and other remote areas, through Operation Sesifikile.

The Minister was pleased to report on the progress made in certain aspects
of the transformation of the judicial system. Two Bills, the Judicial Service
Commission Amendment Bill and The Judicial Education Institute Bill, which are
currently before Parliament, are part of initiatives undertaken to transform
the judiciary. "These bills are the product of intense and constructive
engagement between the department and the judiciary," the Minister said.

The department is also finalising a consolidated discussion 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. This draft policy document will
form the basis for legislation to address the above aspects to ensure a
transformed and efficient administration of justice.

The Minister also announced a programme initiated to fast-track the
appointment of female judges, "I am proud to announce special measures we have
initiated with the judiciary to increase the pool from which more women may be
eligible for appointment to the bench." This led to 23 women drawn from the
magistracy and the legal profession that will undergo a specially designed
judicial education programme, commencing from Monday, 4 June 2007. Future
acting appointments may be made from the pool of those who completed the course
successfully. "I believe that the programme will address the under
representation of females on the bench, which currently reflects only 16% women
judges out of 203 judges," she said.

The Minister reported that the National Prosecuting Authority is continuing
to fulfil its role in building a better and safer South Africa, by being
advocates for justice as lawyers for the people of this country. The allocation
for the Directorate of Special Operations amounts to R373,1 million, which
represents a significant increase from the previous financial year. "The
Special Investigating Unit (SIU) is one of the success stories over the last
few years. The value added by the SIU is recognised by the increase of its
annual budget from the R25 million four years ago, to the present R93 million
and it will grow to nearly R150 million over the next two years," the Minister
said.

Enquiries:
Zolile Nqayi
Cell: 082 898 6483
E-mail: znqayi@justice.gov.za

Issued by: Department of Justice and Constitutional Development
29 May 2007