Accurately reflects the performance targets which the Department of Justice and Constitutional Development will endeavour to achieve given the resources made available in the budget for 2011/12.
1 INTRODUCTION 5 2 SITUATIONAL ANALYSIS 5 3 REVIEW OF MANDATES 5 4 Overview of 2011/2012 budget and MTEF estimates 6 4.1 Expenditure Estimates 6 4.
PART B: PROGRAMME AND SUB-PROGRAMME PLANS 9 5 PROGRAMME 1: ADMINISTRATION 9 5.1 Strategic Objective Annual Targets 9 5.2 Programme Performance Indicators and Targets 10 5.3 Quarterly Targets For 2011/12 13 5.4 Reconciling performance information with the Budget and MTEF 15 6 PROGRAMME 2: COURT SERVICES 18 6.1 Strategic Objective Annual Targets 18 6.2 Programme 2 Performance Indicators and Targets 19 6.3 Quarterly Targets for 2011/12 23 6.4 Reconciling performance information with the Budget and MTEF 25 7 PROGRAMME 3: STATE LEGAL SERVICES 28 7.1 Strategic Objective Annual Targets 28 7.2 Programme 3 Performance Indicators and Targets 29 7.3 Quarterly Targets for 2011/12 34 7.
This Annual Performance Plan, which has been prepared in line with the new National Treasury requirements, elaborates on how the Department of Justice and Constitutional Development's Strategic Plan 2011 - 2016 will be implemented during the MTEF period. It is informed by the priorities identified in the departmental strategic plan as indicated by the Minister in his foreword and gives details on the department's annual targets. This plan is the basis for monitoring progress against the departmental strategic plan where performance against the targets will be reported to our stakeholders on a quarterly and annual basis.
The department acknowledges that the Strategic Plan 2011-16 and the Annual Performance Plan for 2011/12 has to be done differently from the previous years in line with the new government outcomes approach. This has resulted in a complete relook at the manner in which targets have been set and the supporting information required for this purpose. To this end, where possible we have used the previous targets, otherwise there are a number of new targets that fit the required SMART principle. In other instances, baselines are being developed to provide clearer measures and targets.
This document covers the three programmes of the Department of Justice and Constitutional Development and excludes the National Prosecuting Authority (Programme 4), public entities (Programme 5) and the Office of the Chief Justice. The detailed plans are available from the relevant organisations.
For each of the three programmes, the programme budget, annual indicators for strategic objectives for the MTEF period and quarterly indicators for the 2011/12 financial year are shown. In addition, these indicators are discussed in detail under Annexure C. The reader is therefore advised to refer to this annexure (page 43) for details of each indicator.
No updates to the situational analysis presented in the 2011-16 Strategic Plan of the department.
No updates to the mandates presented in the 2011-16 Strategic Plan.
The departmental budget, as shown in the 2011 Estimation of National Expenditure document, is shown below.
Total 8 378 491 9 845 530 11 428 409 12 717 215 12 672 180 13 517 653 15 076 132 15 984 986 4.
The spending focus over the MTEF period will be on reviewing the civil justice system, implementing approved legislation such as the Children's Act (2005), the Child Justice Act (2008) and the Sexual Offences Act (2008), rolling out the Constitutional Development branch, repositioning of the Masters of the high Court, turning around the audit qualification, Third Party Funds accounting reforms, building high courts in Nelspruit and Polokwane, and further modernisation of the systems and procedures in the courts. These focus areas are linked to Strategic Goal 2: Improved effectiveness and efficiency in the delivery of justice services and Goal 1: Increased accountability, effectiveness and efficiency of the Department of Justice and Constitutional Development.
Expenditure increased from R8.4 billion in 2007/08 to R12.7 billion in 2010/11, at an average annual rate of 14.9 per cent, and is expected to grow to R16 billion in 2013/14, at an average annual rate of 7.9 per cent. The increase in both periods is mostly for improving capacity and extending justice services, which are reflected in the increases of R2.7 billion, and R415.8 million in the Court Services and State Legal Services over the seven-year period. These two programmes are linked to Goal 2 Improved effectiveness and efficiency in the delivery of justice services and Goal3: Transformed legal services to protect and advance the interests of Government and citizens and promote constitutional development, respectively.
Compensation of employees grew from R4.3 billion in 2007/08 to R7.3 billion in 2010/11, at an average annual rate of 20 % per cent, mainly as a result of increased salary adjustments and the implementation of the occupation specific dispensation for legally qualified professionals. Expenditure on compensation of employees is expected to grow over the medium term at an average annual rate of only 6.8 per cent to reach R8.9 billion. Over the same period, payments for capital assets are expected to increase from R683.7 million in 2010/11 to R1.2 billion in 2013/14, at an average annual rate of 19.8 per cent, mostly to provide for building of new courts (Goal 2).
The aim of this programme is to manage the department, develop policies and strategies for the efficient administration of justice and provide centralised support services.
This section is broken into three areas, high level strategic objectives with annual high level targets, performance indicators for each of the strategic objectives and quarterly targets.
The table below shows the high level targets for the five strategic objectives under Programme 1.
2008/9 2009/10 2011/12 2012/13 2013/14 1 Increased compliance with prescripts to achieve and sustain an unqualified audit.
2 Improved management of fraud and corruption cases.
3 Improved human resources service delivery 2 services meeting performance standards (filing of vacancies and training) 2 services meeting performance standards (filing of vacancies and training) 2 services meeting performance standards (filing of vacancies and training) All 4 stipulated human resources services performed according to annual targets. All 4 stipulated human resources services performed according to annual targets. All 4 stipulated human resources services performed according to annual targets.
4 Increased optimisation of systems (automated and manual).
5 Increased percentage of outstanding Truth and Reconciliation Commission victims who qualify for reparations per TRC recommendations.
An action plan to implement audit findings has been set up and the department is on track to receive a no audit qualification on 2011/12.
To improve the management of fraud and corruption, the department will work towards finalising 80% of cases within a year to avoid backlogs.
Key human resources service monitored are the vacancy rate, training and improved turnaround times in grievance and misconduct cases.
The department continues to invest on automation of processes using the Integrated Case management System. Implementation and usage of these systems should be monitored.
Finalisation of all individual reparations and regulations is expected within the next two financial years through an intensive search of missing beneficiaries and fast-tracked development of regulations.
The next five tables detail performance indicators and annual targets that have been identified for the five objectives. Page numbers showing quarterly targets and detailed indicator information are shown on the tables.
2008/9 2009/10 2011/12 2012/13 2013/14 1.1 Percentage completion of activities on the approved Audit Action Plan towards an unqualified audit - - 60% 100% 100% 100% Page 13 Page 43 1.2 Completion of key outputs to address the Third Party Funds qualification - - - 5 1 - Page 13 Page 43 1.3 Percentage of the approved audit plan completed by Internal Audit - - 80% 80% 80% 80% Page 13 Page 44 1.4 Corporate Risk mitigation plans developed by target date - - Top 5 risks identified Nov 2011 Nov 2012 Nov 2013 Page 13 Page 44 1.5 Distribution of CARA funds to beneficiary organisations by target date - - - Feb 2012 Feb 2013 Feb 2014 Page 13 Page 44 1.
1.1 To achieve a no audit qualification, the department has completed an Audit Action Plan, which details the action list, responsible people and deadlines for completion of tasks.
Performance contracts will include a No Audit Qualification as a critical performance area.
1 Incomplete boxes denote new indicators or instances where historical information is not available.
Annual Performance Plan 2011/2012 1.2 The department was qualified in the last few years due to, among others, Third Party Funds. A project plan has been put together to address specific findings in this area.
Legislative review and stakeholder management.
2008/9 2009/10 2011/12 2012/13 2013/14 2.1 Number of fraud and corruption staff awareness workshops conducted - - 29 30 35 40 Page 13 Page 46 2.2 Percentage finalisation of new forensic investigations (< 1 year) - - 33% 50% 60% 65% Page 13 Page 46 2.3 Percentage finalisation of older forensic investigations (> 1 year) - - 53% 65% 68% 70% Page 13 Page 46 2.
2008/9 2009/10 2011/12 2012/13 2013/14 3.1 Vacancy Rate 15% 10% 9% 7% 6% 5% Page 14 Page 48 3.2 Percentage of grievance cases finalised - - 36% 50% 60% 70% Page 14 Page 48 3.3 Percentage misconduct cases finalised - - 47% 65% 75% 85% Page 14 Page 48 3.4 Number of people trained in line with departmental objectives 3127 2595 4717 6048 6500 7000 Page 14 Page 49 3.1. The department is committed to improving and monitoring a vacancy rate to a level of 5% over the MTEF period. Of particular interest is the vacancy rate of the Office of the Chief Financial Officer, Risk management, Internal Audit and Strategy and vacancies in these areas will be monitored closely.
Incomplete boxes denote new indicators or instances where historical information is not available.
Training targets based on the objectives of the department have been identified. In particular are training to support the Master's Turnaround, Maintenance Turnaround and the No Audit Qualification objectives. The training targets are shown under Annexure C (Page 58).
There have been 17 modules of the Integrated Case Management System implemented in the last three years. For the MTEF period, 11 systems have been fully budgeted for. There are additional systems under investigation.
2008/9 2009/10 2011/12 2012/13 2013/14 4.1 Number of approved automation systems piloted by target date 3 7 7 5 4 2 Page 14 Page 50 4.2 Percentage of courts with case management systems deployed and supported - - 80% 100% 100% 100% Page 14 Page 50 4.2 For the MTEF period, there will be an increased focus in ensuring that all service points where ICMS modules have been implemented are being used and to increase the number of courts where ICMS is rolled out. This is to ensure that the department takes full advantage of these systems.
2008/9 2009/10 2011/12 2012/13 2013/14 5.1 Number of outstanding living TRC victims given access to the President's Fund in terms of individual reparations. 74 38 6 of 373 250 of 373 373 of 373 Complete Page 14 Page 51 5.2 Number of rightful nextof-kin of outstanding deceased TRC victims given access to the President's Fund in terms of individual reparations. -5 - 0 of 502 250 of 502 502 of 502 Complete Page 14 Page 51 5.
5.1 The identification of TRC victims will be finalised within the next two years due to assistance by relevant state agencies such as the Independent Electoral Commission and the Department of home Affairs.
3 Incomplete boxes denote new indicators or instances where historical information is not available.
4 Incomplete boxes denote new indicators or where historical information is not available.
5 The number of the 502 deceased beneficiaries was made available to the TRC Unit in the 2010/11 financial year, therefore no baseline information available.
Annual Performance Plan 2011/2012 time, finalisation and implementation of all regulations to enable distribution of the President's Fund will be undertaken.
1.2 Completion of key outputs to address the Third Party Funds qualification Monthly 5 1 1 3 5 1.
1.5 Distribution of CARA funds to beneficiary organisations by target date Annual Feb 2012 - - - Feb 2012 1.
Q1 Q2 Q3 Q4 2.1 Number of fraud and corruption staff awareness workshops conducted Monthly 30 5 10 20 30 2.
Q1 Q2 Q3 Q4 3.1 Vacancy Rate Monthly 7% 9% 8.
Q1 Q2 Q3 Q4 5.1 Number of outstanding living TRC victims given access to the President's Fund in terms of individual reparations.
5.2 Number of rightful nextof-kin of outstanding deceased TRC victims given access to the President's Fund in terms of individual reparations.
The programme budget, as detailed in the ENE document, is shown below.
From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown. Before this, only salary and car allowance are included.
Administrative and other subprogramme expenditure may in addition include payments for capital assets as well as transfers and subsidies.
Expenditure in this programme grew at an average annual rate of 7% per cent, from R1.2 billion in 2007/08 to R1.4 billion in 2010/11, and is expected to increase at an average annual rate of 8.7% per cent over the medium term, to reach R1.8 billion. The growth in both periods is mostly in the Office Accommodation subprogramme and can mainly be attributed to additional allocations for increased municipal and accommodation charges.
Between 2007/08 and 2010/11, expenditure on compensation of employees increased from R171.8 million to R318.6 million at an average annual rate of 22.9 per cent as a result of higher than budgeted salary increases, the appointment of interns and the expansion of capacity in the ministry. Over the medium term, spending on compensation of employees is expected to grow to R382.3 million in 2013/14, at an average annual rate of 6.3 per cent, and will mainly provide for improved conditions of service.
Payments for capital assets increased from R13.8 million in 2009/10 to R64.4 million in 2010/11 due to additional payments made to a contractor for physical security work on buildings. Over the medium term, payments for capital assets are projected to decrease from R64.4 million to R53.1 million, due to a winding down of departmental spending on security equipment for courts.
For the 2012/13 Annual Performance Plan, the planning and budget process will be better aligned and will allow for an improved explanation between expenditure trends and performance.
The purpose of this programme is to facilitate the resolution of criminal, civil and family law disputes through providing accessible, efficient and quality administrative support to the courts and manage court facilities.
The table below shows the high level targets for the six strategic objectives under Programme 2.
2008/9 2009/10 2011/12 2012/13 2013/14 6 Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.
7 Improved finalisation of activities in support of outputs of Outcome 3.
The number of courts includes new court buildings, small claims courts launched and branch courts converted to full-service courts.
Annual Performance Plan 2011/2012 6.
The next six tables detail performance indicators and annual targets that have been identified for the five objectives. Page numbers showing quarterly targets and detailed indicator information are shown on the tables.
7.1 In view thereof that the indicator measures output, the impact is measured as the number of backlog cases decreased within a period of time against the target stated. The DOJ&CD contribution will be increasing the court capacity to deal with these cases and monitoring the performance monthly of the additional courts providing such increased court capacity. (In terms of the JCPS Cluster Agreement new targets will be set during 2011 for the Cluster regarding decreasing the number of backlog cases.
Upgrading of skills for frontline staff.
Improved management of customer complaints.
Launch of an improved media and awareness campaign.
2008/9 2009/10 2011/12 2012/13 2013/14 9.1 Number of key activities for the implementation of Criminal Law (Sexual Offences and Related Matters) Amendment Act - - 2 of 4 Activity 3 of 4 completed 4 of 4 - Page 23 Page 55 9.2 Percentage utilisation of the NRSO9 by the courts (Phase 1) - - 11% of courts 70% 80% 100% Page 23 Page 55 9.3 Percentage completion of implementation of NRSO Phase 2 - - 15% 40% 60% 85% Page 23 Page 56 9.4 Number of additional One-Stop Child Justice Centres designated - - 0 2 2 2 Page 23 Page 56 9.5 Percentage completion of the Draft National Policy Framework on Prevention and Combating of Trafficking in Persons - - Bill tabled in Parliament 30% 100% - Page 23 Page 56 9.6 Percentage of family law cases finalised per year (family advocate) - - 55% 33% 33% 33% Page 24 Page 57 9.
9.1 For 2011/12, the major activity denoted is approval of the Draft Inter-departmental Plan on Sexual Offences and Related Matters and implementation of this plan.
9.2 The National Register of Sexual Offences keeps a database of sexual offenders to assist courts in identifying offenders and to request more drastic sentences for repeat offenders. Although Phase 1 (implementation of a register) has already been completed, utilisation by the courts needs to be improved.
9.3 The second phase of the National Register of Sexual Offences involves capturing of historical information and enabling seamless communication of systems between SAPS and the department. Full completion of this project depends on budget availability for IT systems and the quality and completeness of historical information.
8 Incomplete boxes denote new indicators or instances where historical information is not available.
Annual Performance Plan 2011/2012 9.4 The Child Justice Act stipulates that the Minister of Justice and Constitutional Development is responsible for the designation of Child Justice Centres.
9.6 The Children's Act has introduced compulsory mediation, family group conferences and lay fora in the Children's Courts, Parenting Plans and parental responsibilities and rights agreements which the Family Advocate is required to facilitate, register and amend or rescind (new quasi-judicial function). This continues to have an impact on existing resources and on the finalisation of cases. This has resulted in the readjustment of performance expectations.
9.7 During the 2011/12 financial year, six policy and legislative frameworks involving vulnerable groups will be concluded. These include regulations, consultative for a and discussions documents on a wide variety of legislation, including Muslim marriages Bill, Prevention of hate Speech, and custody of Children.
2008/9 2009/10 2011/12 2012/13 2013/14 10.1 Number of new court buildings completed 1 3 3 3 Katlehong Kagiso Tsakane 2 - Page 24 Page 59 10.2 Number of branch courts converted to full-service courts - 15 of the 24 - 19 of the 24 24 of the 24 - Page 24 Page 59 10.3 Percentage  completion of the process of alignment of magisterial district boundaries with local municipal boundaries - - 40% complete: Draft Discussion Document on the Rationalisation of Superior Courts and Alignment of Magisterial Districts completed 60% Approval of the Rationalisation of Superior Courts Blue Print which complements the Superior Courts Bill 90% Approval of the Rationalisation of the Lower Courts' Areas of Jurisdiction Blue Print which complements the Lower Courts Bill 100% Monitor and oversee the implementation of the Superior Courts Blue Print & Lower Courts Blue Print Page 24 Page 59 10.4 Establishment of a Small Claims Court in every Magisterial District - - 26 Total: 224 courts establishments 30 30 30 Page 24 Page 60 10.5 Number of communication activities implemented in line with departmental priorities 6 activities listed 1 activities listed 6 activities listed 11 activities listed 11 activities listed 11 activities listed Page 24 Page 60 10.6 Number of communication activities implemented in line with the communication strategy 19 activities listed 9 activities listed 16 activities listed 13 activities listed 13 activities listed 13 activities listed Page 24 Page 61 10 Incomplete boxes denote new indicators or instances where historical information is not available.
2008/9 2009/10 2011/12 2012/13 2013/14 11.1 Number of priority courts improved through RAMP 33 21 3 4 4 0 Page 24 Page 62 11.2 Number of priority courts to which the integrated security system is rolled out - - 7 50 24 46 Page 24 Page 62 11.3 Number of safety and security incidents - - 136 110 99 85 Page 24 Page 62 11.4 Implementation of the business continuity programme - - 0 1 region 2 regions 2 regions Page 24 Page 63 11.1 Budget constraints have made it difficult to grow the number of sites for implementation.
Implementation of security systems has been delayed by compilation of missing building plans.
Baseline performance on the turnaround times of quasi-judicial services needs to be undertaken to establish norms, standards and identify service improvements. This will not only help the department to improve accessibility of services, but will assist in improving efficiencies and turning the image of the department around.
11 Incomplete boxes denote new indicators or instances where historical information is not available.
10.2 Number of branch courts converted to full-service courts Monthly 19 of the 24 16 of 24 17 of 24 18 of 24 19 of 24 10.
10.4 Establishment of a Small Claims Court in every Magisterial District Monthly 30 5 10 20 30 10.5 Number of communication activities implemented in support of departmental priorities Monthly 11 2 5 8 11 10.
Q1 Q2 Q3 Q4 11.1 Number of priority courts improved through RAMP Monthly 4 1 of 4 2 of 4 3 of 4 4 of 4 11.2 Number of priority courts to which the integrated security system is rolled out Monthly 50 5 25 35 50 11.3 Number of safety and security incidents Monthly 110 30 60 80 110 11.
The budget for Programme 2, as detailed in the Medium Term Expenditure Framework, is shown below.
Between 2007/08 and 2010/11, expenditure grew from R2.7 billion in 2007/08 to R4 billion in 2010/11, at an average annual rate of 14.2 per cent, and is expected to grow to R5.4 billion over the medium term, at an average annual rate of 10.6 per cent. The growth can be attributed to the implementation of a number of projects involving new approved legislation and specialised courts for the 2009 FIFA Confederations Cup and the 2010 FIFA World Cup. Growth over the medium term is mainly due to additional allocations for the construction of new courts, the implementation of legislation concerning vulnerable groups, and improved conditions of service.
Spending in the Lower Courts subprogramme grew from R1.6 billion in 2007/08 to R2.5 billion in 2010/11, at an average annual rate of 14.4 per cent, and is expected to grow to R3.2 billion over the medium term, at an average annual rate of 9.3 per cent. The subprogramme accounts for 60.2 per cent of the programme's budget over the medium term. Its allocations over both the periods are expected to be used to improve service delivery, fill critical vacancies, and integrate the management of cases and people along the justice chain.
Expenditure in the Facilities Management subprogramme grew from R361.1 million in 2007/08 to R631.4 million in 2010/11, at an average annual rate of 20.5 per cent, and is expected to grow to R1.2 billion over the medium term, at an average annual rate of 22.5 per cent. This growth is mainly due to significant additional allocations for building new courts and also explains the increase in expenditure on payments for capital assets over the medium term.
Spending on compensation of employees increased from R1.5 billion in 2007/08 to R2.4 billion in 2010/11 at an average annual rate of 17.7 per cent due to the higher than expected salary increases and implementation costs associated with the occupation specific dispensation for legally qualified professionals. Over the medium term, spending on compensation of employees is expected to increase to R3.1 billion, at an average annual rate of 8.4 per cent.
The aim of this programme is to manage the Department, develop policies and strategies for the efficient administration of justice and provide centralised support services.
The table below shows the high level targets for the six strategic objectives under Programme 3.
Master's service standards refer to turnaround times in deceased estates, insolvencies, liquidation, trusts and Guardian Fund payments.
Annual Performance Plan 2011/2012 16.
State legal service performance standards include counsel briefing policy and legal cost reduction and turnaround times in legislative certification, legal opinions, PAIA implementation and extradition.
The policy and legislative frameworks consists of The Superior Courts Bill, Rationalisation of Lower Courts, Transformation of the Legal Profession and Review of the Civil Justice System under Policy Development Unit and nine legislative instruments under Legislative Development Branch.
The next six tables detail performance indicators and annual targets that have been identified for the five objectives. Page numbers showing quarterly targets and the detailed indicator information is shown on the tables.
2008/9 2009/10 2011/12 2012/13 2013/14 13.1 Implement a project to develop ICMS (IT) modules to enhance service delivery - - ICMS Masters developed 2 of 4 modules completed 3 of 4 modules 4 of 4 modules Page 34 Page 65 13.2 Provision of up to date Insolvency Practitioner information to the public by target date - - - Mar 2012 - - Page 34 Page 65 13.
The turnaround of the Master's offices has been identified as one of the key priorities of the department. The aim of the turnaround project is to rebrand the Master's services to deliver a highly professional service. Key outputs include the development of 4 additional Masters' modules in the MTEF period, availability of key databases on the internet to increase trust in the Master and an intensive training programme (see indicator 3.5).
2008/9 2009/10 2011/12 2012/13 2013/14 14.1 Percentage of large estates (> R 125 000) administered to a stage where heirs and creditors could receive their dues within 12 months - - 100% 90% 93% 96% Page 34 Page 67 14.2 Percentage of small estates (<R 125 000 where creditors and heirs are placed in a position to obtain their dues within 4 months - - 100% 90% 93% 96% Page 34 Page 67 14.
2008/9 2009/10 2011/12 2012/13 2013/14 14.3 Percentage of beneficiaries in receipt of services within 40 days (Guardian Fund) - - 95% 90% 93% 96% Page 34 Page 67 14.4 Percentage of liquidation cases finalised within 15 months of registration - - 80% 90% 93% 96% Page 34 Page 68 14.5 Percentage of insolvency cases finalised within 15 months of registration - - 80% 90% 93% 96% Page 34 Page 68 14.6 Turnaround time for finalisation of Trusts - - 90% 90% 93% 96% Page 34 Page 68 15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
2008/9 2009/10 2011/12 2012/13 2013/14 15.1 Percentage implementation of the project for improved access to justice, including restorative justice mechanisms for vulnerable and marginalised groups - - 32% 100% - - Page 35 Page 69 15.
Annual Performance Plan 2011/2012 15. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
2008/9 2009/10 2011/12 2012/13 2013/14 15.3 Percentage implementation of the project to enhance participatory democracy through public policy dialogue and strengthening the capacity of communitybased organisations - - 33% 100% - - Page 35 Page 70 15.4 Number of activities towards the improvement in PAJA implementation - - 8 7 4 2 Page 35 Page 71 15.5 Tabling and Implementation of the National Action Plan for strengthening national cohesion by promoting programmes aimed at eliminating all forms of racism, racial discrimination, xenophobia and related intolerance - - Draft National Action Plan (NAP) finalised Tabling of the Finalised NAP at the United Nations Implementation Of the NAP (50% completion) Implementation of the NAP (100% completion) Page 35 Page 72 15.
Indicators 15.1 to 15.3 are linked to the participatory democracy project funded by the European Union over the 2010/11 and 2011/12 financial years. Details of these projects are shown under Annexure C: Indicator Definitions.
2008/9 2009/10 2011/12 2012/13 2013/14 16.1 Increased number of briefs in value to be allocated to PDI's - - 70% 70% 75% 80% Page 35 Page 74 16.2 Reduction of legal costs against the state - - 25% increase 15% decrease 15% decrease 15% decrease Page 35 Page 74 16.
2008/9 2009/10 2011/12 2012/13 2013/14 16.3 Percentage of legal opinions finalised within 15 days of their date of entry - - 60% 70% 75% 80% Page 35 Page 74 16.4 Percentage of preliminary opinions on draft bills for cabinet's consideration completed within 15 days - - - 85% 87% 90% Page 35 Page 75 16.5 Percentage of Bills and other legislative instruments scrutinised or certified within 20 days of receipt - - - 85% 87% 90% Page 35 Page 75 16.6 Percentage of translations finalised within stipulated days - - 100% within 70 days 100% within 65 days 100% within 55 days 100% within 50 days Page 36 Page 75 16.7 Biannual reports on PAIA Compliance by government departments completed within stipulated time frames - - - 1 month after the end of six month period 1 month 1 month Page 36 Page 76 16.8 Level of compliance with PAIA by DOJCD 100% Compliance 100% Compliance 100% Compliance 100% Compliance Page 36 Page 76 16.9 Reduction in turnaround time for preparation and approval of requests for extradition (notification)and mutual legal assistance in criminal matters - - 100% within 1 month 100% within 3 weeks 100% within 2 weeks 100% within 1 week Page 36 Page 76 16.10 Completion of the Litigation Management Blueprint Draft Blueprint completed Final document Implementation stipulated in the Blueprint Implementation stipulated in the Blueprint Page 36 Page 77 16.8 100% compliance refers to finalisation of all PAIA-related cases within 60 days of receipt.
Annual Performance Plan 2011/2012 17.
2008/9 2009/10 2011/12 2012/13 2013/14 17.1 Policy Framework on the transformation of the Judiciary and the Rationalisation of the Superior Courts approved by Cabinet - - Policy Framework completed for internal consultation 20% To obtain Ministerial approval for consultation purposes 40% Approval by Cabinet and draft Bill on Court Administration 100% Framework approved Page 36 Page 78 17.2 The Rationalisation of the Lower Courts' Areas of Jurisdiction Blue Print approved by Cabinet - - 10% Completed: Research and internal consultation 50% To obtain Ministerial 90% Approval by Cabinet and draft Bill on Court Administration 100% Page 36 Page 78 17.3 Policy Framework on the alignment of Traditional Courts with the Constitution - - Review of the approved Policy Framework to consider views emanating from Parliamentary hearings +100% - - Page 36 Page 79 17.4 Policy Framework on the Transformation of the Legal Profession - - 20% Completed: Draft Policy 40% To obtain Ministerial approval 40% Approval by Minister, Cabinet and Parliament 100% Page 36 Page 79 17.5 Percentage on the completion of the Civil Justice Review - Terms of reference for the review of the Civil Justice System approved by Cabinet 20% Audit of the civil justice system commenced in high Courts in North Gauteng high Court for completion in 2011/12. 40% 80% 100% Page 36 Page 80 17.
The target of 14 was intended for rules and regulations. however the figure of 48 now also includes other subordinate legislative instruments such as proclamations and notices. (19 rules and regulations were prepared).
The Master's turnaround project will help rebrand the Master's services to deliver a highly professional service.
Identify and up-skill frontline staff to handle a wide range of enquiries (indicator 3.
15.4 Number of activities towards the improvement in PAJA implementation Monthly 7 1 2 2 2 15.
The spending focus over the MTEF period will be on capacitating the new Constitutional Development subprogramme, implementing the United in Diversity presidential initiative and further improving access to and control over the Guardian's Fund. Expenditure increased from R390.3 million in 2007/08 to R722.1 million in 2010/11, at an average annual rate of 22.8 per cent and is expected to increase to R806.1 million, at an average annual rate of 3.7 per cent over the medium term. The growth between 2007/08 and 2010/11 can be attributed to additional allocations for improved access to Guardian's Fund, including deceased and insolvent estates services, as well as increased capacity in the master's and state attorney offices.
Between 2007/08 and 2010/11, expenditure in the Constitutional Development subprogramme increased from R7.8 million to R65.5 million, at an average annual rate of 103.6 per cent, due to the additional allocations in 2010/11 for the United in Diversity presidential initiative. Spending in the Master of the high Court subprogramme grew from R186.6 million to R317.4 million between 2007/08 and 2010/11, at an average annual rate of 19.4 per cent, mainly due to the appointment of a large number of additional personnel to facilitate access to deceased and insolvent estates services. Over the medium term, growth in this subprogramme is projected to increase to R359.3 million, at an average annual rate of 4.2 per cent.
Expenditure on compensation of employees grew from R296.9 million in 2007/08 to R577.1 million in 2010/11, at an average annual rate of 24.8 per cent. The growth was largely the result of the implementation of the occupation specific dispensation for legally qualified professionals. Spending on compensation of employees is expected to reach R669.2 million over the medium term, at an average annual rate of 5.1 per cent.
Provision has also been made to continue with the Department's accessibility programme for people with disabilities in 2012/13. Construction will commence for new court facilities in Nelspruit high Court, Port Shepstone, Orlando, Mamelodi, Richard's Bay, Plettenberg Bay, Jan Kempdorp, Garies, Bityi, Dimbaza and extensions to existing court facilities at Soshanguve, Port Elizabeth high Court, humansdorp, Calvinia, KwaMbonambi, Mthatha, Whittlesea, Riversdale and Umbumbulu, amongst others.
No conditional grants were issued by the department.
There are 4 entities (shown under 5.5) funded through the Department of Justice's vote account, two of which are Chapter 9 institutions, namely the South African human Rights Commission and the Office of the Public Protector and the other two are public entities reporting to the Minister, namely Legal Aid South Africa and the Special Investigating Unit (Programme 5). These are fully independent and are mandated through legislation and the Constitution. For this reason, they perform their duties independently of the Department of Justice and Constitutional Development and are evaluated by the Parliament of the Republic.
No Private-Public Partnerships are presently funded by the Department.
A transformed and accessible justice system, which promotes and protects social justice, fundamental human rights and freedoms.
We commit to providing transparent, responsive and accountable justice for all.
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.
Goal statement Courts and justice service points supported to improve the finalisation rates, efficiencies and backlogs in respect of all criminal, civil and family matters.
Goal statement The exposure of Government to legal risk is reduced, citizens have access to quality guardian and probate services, the state has access to legal advice and services and constitutional development is promoted.
Goal statement Provision of effective leadership of the Cluster to enable the achievement of the 8 Outputs that will result in the successful delivery of Outcome 3: All people in South Africa are and feel safe.
Objective 1: Increased compliance with prescripts to achieve and sustain an unqualified audit.
Desired performance Progress on the resolution audit finding.
INDICATOR TITLE 1.
Method of calculation Simple count. Activities identified: 1. Project (concept) approval: 30 May 2011 2. human capacitating: 31 October 2011 3. Accounting -Baseline Financial Reporting: 31 October 2011 4. Business Process re-engineering: 31 January 2012 5. Systems upgrade and enhancement: 31 March 2012 6.
Indicator title 1.
Purpose/Importance To assist the department to identify areas of weakness and identify corrective action. This will help the department to achieve better audit outcomes.
Source / Collection of data Audit Plan approved by the Director-General; Audit reports approved by the Director-General.
Source / Collection of data Cabinet Memorandum recommending distribution of funds; Confirmation Letter from the Minister showing approval of the distribution; and Memorandum to National Treasury requesting movement of funds.
Objective 2. Improved management of fraud and corruption cases.
INDICATOR TITLE 2.
Purpose/Importance To reduce incidents of fraud and corruption by finalising forensic investigations timeously.
Purpose/Importance To improve management of fraud and corruption by finalising forensic investigations timeously.
Desired performance Sixty acknowledgement letters sent out per quarter.
INDICATOR TITLE 3.
Objective 4. Increased optimisation of systems (automated and manual).
INDICATOR TITLE 4.
Purpose/Importance Modernization of justice systems will enable the department to decrease the cost of service, improve service efficiency, reporting and the monitoring of services.
Method of calculation Indicator is calculated by counting the number of approved systems which are developed, tested and signed off for deployment. Systems are to be developed in accordance with the systems development life cycle. Milestones to be achieved as per the project plan are as follows: Q1: Project Planning stage, User Requirements Definition stage Q2: System Design stage, System Development stage Q3: Alpha (User Acceptance) Q4: Testing: Beta (Site Piloting) stage, handover to Deployment stage, Project Closure stage 2011/12 systems to be developed: ICMS Criminal (District, Regional, high, Child Justice Courts) - NPA Integration ICMS Civil (Regional Courts) - Phase 1 ICMS Civil (District Courts) - Phase 2 ICMS Civil (high Courts) - Phase 2 ICMS Small Claims (District Courts) - Phase 2 There are other systems planned for the 2012/13 and 2013/14 financial years.
Objective 5. Increased percentage of outstanding Truth and Reconciliation Commission victims who qualify for reparations per TRC recommendations.
Source / Collection of data List of victims; Proof of payment from the President's Fund.
INDICATOR TITLE 5.2 NUMBER OF RIGHTFUL NExT-OF-KIN OF OUTSTANDING DECEASED TRC VICTIMS GIVEN ACCESS TO THE PRESIDENT'S FUND IN TERMS OF INDIVIDUAL REPARATIONS.
INDICATOR TITLE 5.
Objective 6. Improved coordination of the JCPS Cluster towards the delivery of Outcome 3.
Objective 7. Improved finalisation of activities in support of outputs of Outcome 3.
Method of calculation Simple count.
INDICATOR TITLE 8.
Source / Collection of data 1. Approved concept document on the turnaround strategy; 2.
Method of calculation Progress against the project plan: On track, delayed, no progress.
INDICATOR TITLE 9.
Purpose/Importance To ensure that the National Register for Sexual Offences is kept up to date to assist with cases of repeat sexual offences.
Source / Collection of data ICMS NRSO monthly reports; Submission of Form 5 orders.
Purpose/Importance To ensure that the National Register for Sexual Offences is updated with historical information.
Method of calculation Activities for finalisation for 2011/12 : historic Information completed: % completion Vetting Process finalised: % completion Issuing of clearance certificates: % completion Add weighted percentages to make up the 40% for 2011/12.
Source / Collection of data Monthly case report from the Principal Family Advocate of each region. Consolidate report from the Chief Family Advocate.
Source / Collection of data Bills and subordinate legislative instruments: Memoranda to the Minister or role players; Cabinet Memoranda; Government Gazette Rules: Emails and memoranda sent to the Rules Board; minutes of meetings. Research Paper: Agendas of the SALRC and covering letters sent to government departments in respect of Statutory Law Revision.
Source / Collection of data Consultation: Publications; Workshop reports; Minutes.
INDICATOR TITLE 10.
Source / Collection of data Marketing materials; Publications.
Method of calculation A simple count of a number of activities completed by deadline: Quarter 1 (April - June 2011) 1. Evaluation of previous initiatives and internal repositioning of Master's Offices 2. Evaluation of previous initiatives and repositioning and staff engagement Quarter 2 (July - September 2011) 1. Conduct awareness raising campaign for Master's 2. Revive Operation Isondlo campaign highlighting new developments/initiatives 3. Public Participation Programmes Quarter 3 (October - December 2011) 1. Conduct a multi-pronged education campaign - Phase I (Masters') 2. Public Participation Programmes 3. Conduct an education campaign (Maintenance) Quarter 4 (January - March 2012) 1. Continue with a multi-pronged education campaign 2. Public Participation Programmes (how many) 3. Publicise achievements/improvement?
Method of calculation Simple count of completed activities completed by deadline: Quarter 1 (April - June 2011) 1. Children's month focus project (May 2011) 2. Child Protection Week (30 May - 5 June 2011) 3. Youth Month focus (June 2011) Quarter 2 (July - September 2011) 1. Women's Month Focus (August 2011) 2. heritage Month (September 2011) 3. Public Participation Programmes Quarter 3 (October - December 2011) 1. Restorative Justice Week (31 Oct - 4 Nov 2011) 2. Public Service Week (Nov 2011) 3. Public Participation Programmes 4. 16 Days of Activism (25 Nov - 10 Dec 2011) Quarter 4 (January - March 2012) 1. State of the Nation Address (February 2012) 2. human Rights Month (March 2012) 3.
INDICATOR TITLE 11.
Data Limitations Incidences not reported.
Desired performance Drop in security incidences as a result of increased security infrastructure.
Desired performance Reaching project milestones; The plan depends on co-operation with different stakeholders.
INDICATOR TITLE 12. Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights.
Purpose/Importance Implement programmes aimed at improving access to justice in South Africa.
Method of calculation year 2 targets Quarterly targets (year 2) Q1 Q2 Q3 Q4 1 . New community advice offices established in townships/rural areas 45 11 11 11 12 2. Service level agreements signed with existing advice offices based organisations in order to improve capacity 50 11 13 13 13 3. New equality courts established nationally 61 15 15 15 16 4. Development of a national programme to promote PEPUDA 100% completion 44 63 81 100 5.
Desired performance 1. To establish 15 new community advice offices (year 1) and 45 (year 2) in townships/rural areas 2. To enter into 20 Service level agreements (year 1) and 50 with existing advice offices / based organisations in order to improve capacity 3. Development of a national programme to promote PEPUDA 4.
Method of calculation year 2 targets Quarterly targets (year 2) Q1 Q2 Q3 Q4 1. New audience reached by constitutional rights awareness programme 2 000 000 500 000 500 000 500 000 500 000 2. Service level agreements signed with community based organisations to implement constitutional rights programmes 120 30 30 30 30 3.
Desired performance 1. One million new audience reached by constitutional rights awareness programme (year 1) and 2 million by year 2 2. Service level agreements signed with community based organisations to implement constitutional rights programmes 60 (year 1) and 120 year 2. 3.
INDICATOR TITLE 15.
Purpose/Importance Activities aimed at enhancing participatory democracy in South Africa.
Method of calculation year 2 targets Quarterly targets (year 2) Q1 Q2 Q3 Q4 1. Number of forums between CSOs and government on human rights issues 9 2 2 2 3 2. Number of CSOs benefiting from capacity building 2400 600 600 600 600 3.
Desired performance 1. Number of forums between CBOs and government on human rights issues 4 in year 1 and 9 in year 2 and the National Forum. 2. Number of CBOs benefit ting from capacity building 1200 year 1 and 2400 year 2 3.
Purpose/Importance To improve compliance with the PAJA, thereby resulting in the performance and delivery of public services in an open transparent and accountable manner.
Source / Collection of data Delivery Agreement (G&A Cluster Output 3.
Desired performance Activities for 2011/12: 1. Implementation of the PAJA Strategy. 2. Facilitate meetings of the Inter-departmental Working Group. 3. Implementation of the practical tool to analyse business processes (workflow analysis tool). 4. Establish pilot institutions in all spheres of government as a target of focus. 5. Launch the PAJA Code of Good Administrative Conduct. 6. Facilitate the mainstreaming of the PAJA into relevant identified initiatives. 7. Facilitate the first meeting of the PAJA Training Project as a multi-stakeholder engagement to build the capacity of the Public Service. Activities for 2012/13: Review of the PAJA Strategy. Work with Pilot Institutions as a target of focus. Activities for 2013/14: 1. Review of the Pilots and prepare for a roll-out in the Public Service. 2. Facilitate meetings of the Inter-departmental Working Group.
Reporting Person (name and surname) Adv O.
Method of calculation Completion of ten activities during 2011/12: 1. Reconstitute the Inter-Ministerial Committee (IMC) to give an oversight on the NAP. 2. Submit NAP to Cabinet for approval to commence consultations with all the relevant stakeholders including members of the public for purposes of getting inputs to finalise the draft NAP. 3. Conduct bilateral consultations with all the relevant stakeholders on the Draft NAP (National Government Department (local and Provincial); IMC; DGs Social Cluster; Social Cohesion Task Team; Civil Society; Labour; Business; Media; Faith Based Organisations, etc. 4. Coordinate meetings of the National Steering Committee 5. Facilitate the process of adopting the NAP 6. Assist the Department of International Relations and Co-operation (DIRCO) to reconvene the Inter Governmental Committee (IGC) to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerances meetings to elicit inputs on the NAP from Government. 7. Develop the Implementation Strategy for the NAP. 8. Submit the finalised NAP to Cabinet for approval. 9. Table the finalised NAP to the UN. 10. Co-ordinate and facilitate implementation of the NAP.
Method of calculation Completion of the following activities 1. Conduct research on hate speech and hate crimes including a international comparative study (Q1) 2. Finalise the Draft Policy on prevention and combating racism, xenophobia, hate speech and related intolerance (Q2) 3. Conduct consultation workshops on the draft policy document (Q3) 4.
Desired performance 1. Conduct research on hate speech and hate crimes including a international comparative study 2. Finalise the Draft Policy on prevention and combating racism, xenophobia, hate speech and related intolerance 3. Conduct consultation workshops on the draft policy document 4.
INDICATOR TITLE 16.
Purpose/Importance To increase service levels in legal opinions offered to public entities.
Method of calculation For each opinion requested, calculate the time taken to finalise and classify as either on target (within 15 days) or off target.
Method of calculation For each opinion requested, calculate the time taken to finalise and classify as either on target (within 20 days) or off target.
Method of calculation For each translation requested, calculate the time taken to finalise and classify it as either on- target (within stipulated days) or off-target.
Method of calculation Produce biannual report on the number of departments that are compliant with PAIA.
Reporting Person (name and surname) Ms.
Method of calculation 100% compliance means all PAIA-related cases finalised within 60 days of receipt.
Method of calculation For each case requested, calculate the time taken to finalise and classify as either on target (within 15 days) or off target.
INDICATOR TITLE 17.
Indicator title 17.
Source / Collection of Bills and subordinate legislative instruments: Memoranda to the Minister or role players; Cabi data net Memoranda; Government Gazette; Parliamentary Papers. Rules: Emails and memoranda sent to the Rules Board; minutes of meetings. Research Paper: Agendas of the SALRC and covering letters sent to government departments in respect of Statutory Law Revision.
Activity Activity Indicator Chief Directorate Target Date Quarterly Targets Q1 Q2 Q3 Q4 Develop legislative framework rationalising the structures and functioning of the Constitutional Court, the Supreme Court of Appeal and the higher Courts Tabling of the Bill in Parliament by target date Legislative Development May 2011 100% ---Develop legislative framework to rationalize the legal profession Tabling of the Bill in Parliament by target date Legislative Development May 2011 100% ---Align legislative framework dealing with arrest with the Constitution Legislation put into operation by target date Legislative Development December 2011 33% 66% 100% Develop legislative framework to rationalize the legal profession Tabling of the Bill in Parliament by target date Legislative Development May 2011 100% ---Develop legislative framework to protect personal information in relation to the public Legislation put into operation by target date Legislative Development March 2012 25% 50% 75% 100% Align legislative framework dealing with arrest with the Constitution Legislation put into operation by target date Legislative Development December 2011 33% 66% 100% Review high Court Rule 31(5) dealing with granting of default judgments by registrars, to ensure judicial oversight in matters involving primary residences of defendants.
Tel: (012) 315 1111 Private Bag X81, Pretoria, 0001 www.justice.gov.