Overview of the Budget Vote, 2010 for the Department of Justice and Constitutional Development

Consistent with the message shared with the people of this country by President Jacob Zuma that 2010 is the year of action, the Department of Justice and Constitutional Development today presents before Parliament its programme of action and undertakings as reflected in its budget vote speech.

The department has begun to introduce a battery of legislation aimed at bringing about meaningful change. In addition we have identified areas around which we must devote our energies so that our plans translate in a manner that improves the quality of life of ordinary South Africans. The budget vote will speak to areas that include the following:

* Transformation of the judicial system and the judiciary
* Access to justice
* Review of civil justice system
* Transformation of legal profession
* Strengthening the criminal justice system
* Enhancement of service delivery and budget allocation
* Transformation of the judicial system and the judiciary

We are pleased to indicate that Cabinet has approved two bills intended to bring significant transformation of our judicial system and the judiciary. These bills, the Superior Courts Bill and the Constitution Amendment Bill will affirm the Constitutional Court as the Apex Court and further affirm the Chief Justice as the head of the Judiciary as a whole.

This office will be enhanced as a transition towards the establishment of a fully-fledged court administration under one judiciary. The effect of realignment of the judicial system will bring about necessary and positive spin offs. Furthermore, the Bills address the need for the establishment of a single high court with divisions in all provinces. The Limpopo province will have a fully fledged seat of a High court and not a circuit High court of North Gauteng High court anymore.

Furthermore, we have stepped efforts to find appropriate court infrastructure for the High court in Mpumalanga province. We are encouraged by the appointment of Judge Monica Leeuw by President Zuma to the position of Judge President. She is the first female Judge President in the history of this country. We must put more programs in place to accelerate the elevation of the suitably competent females to take positions of leadership within the judiciary. Transformation of the judiciary is after all a constitutional imperative intended to restore the public’s confidence in the judiciary.

Access to justice

We have done the necessary planning towards the establishment of High courts in the Mpumalanga and Limpopo provinces and these plans have been factored into our Medium Term Expenditure Framework. The intention is to bring services closer to where people live. In pursuit of ensuring that ordinary people have access to justice in the true sense, we will continue to upgrade and convert more Branch courts into full service courts this year.

The Attridgeville and Mamelodi courts in Gauteng, Ntuzuma court in Kwazulu-Natal and the Northam court in Limpopo will with effect from 01 June 2010 enjoy the status of full service courts.
Review of the civil justice system

Today Cabinet approved terms of reference for the review of the civil justice system. We will spare no effort to ensure that at the end, ordinary people have access to justice in a speedy, affordable and simpler manner. Resolution of civil disputes cannot continue to be an exclusive terrain for the rich and powerful only. All South Africans must enjoy equal access and protection of the law and where necessary through adjudication by the courts.

Transformation of the legal profession

I am pleased to announce that this morning Cabinet approved the Legal Practice Bill. In line with our quest to increase access to justice, this Bill, once passed by Parliament, will bring necessary reforms aimed at increasing access to justice. The bill provides various ways of reducing the costs of justice on ordinary citizens. Furthermore, the Bill among other things introduces the Legal Community Service in terms of which legal practitioners would be required to render legal services for a prescribed period of time, on a pro bono basis for the benefit of the indigent.

Strengthening the criminal justice system

We have made significant strides to turn the tide against crime and corruption. The review of the criminal justice system was an exercise aimed at identifying areas of attention in the criminal justice chain. This review identified certain outcomes that must be implemented in order to have a modernised, sufficiently resourced and efficiently run criminal justice system. Plans are afoot to revise and strengthen bail regime.

Enhancing service delivery and budget allocation

As a leader and convener of the Justice, Crime Prevention and Security Cluster, I have signed a performance agreement with the President on behalf of the cluster. We will be expected as a cluster to put measures in place aimed at ensuring that “All the People of South Africa are safe and feel safe”.

To this end, there are specific and measurable delivery outcomes that the department and the cluster will be expected to meet. To achieve these outcomes, I will convene an Implementation Forum comprising of Cabinet members which will help develop a Delivery Agreement by July 2010.

The delivery agreement will provide more details on the outputs, targets, indicators and key activities which are highlighted in the performance agreement. A total budget of R12,180 billion is allocated to the department for the 2010/11 financial year and has been further allocated as follows:
* R3,871 billion is allocated to the court services programme;
* R2,4 billion is for the National Prosecuting Authority and
* R1,4 billion for Public entities and Chapter 9 institutions.

I am confident that all of us will fold sleeves and implement programs that are meant to ensure that the people of this country are safe and feel safe.

For media enquiries contact:
Mr Tlali Tlali
Ministerial Spokesperson
Cell: 082 3333 880
E-mail: Ttlali@justice.gov.za

Issued by: Department of Justice and Constitutional Development
5 May 2010
Source: Department of Justice and Constitutional Development (http://www.justice.gov.za)

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