Administration 1 038.6 1 014.7 9.5 14.4 1 138.1 1 230.
Court Services 3 911.1 3 330.2 10.8 570.2 4 176.8 4 475.
State Legal Services 569.9 565.1 0.5 4.3 605.1 645.
National Prosecuting Authority 2 480.1 2 392.2 11.5 76.4 2 618.3 2 777.
Auxiliary and Associated Services 1 658.3 347.5 1 302.3 8.5 1 804.6 1 927.
Total 9 658.0 7 649.7 1 334.5 673.8 10 342.8 11 056.
Judges' salaries 404.8 359.1 45.6 - 440.5 466.
Magistrates' salaries 1 264.9 1 236.4 28.6 - 1 389.4 1 487.
Total expenditure estimates 11 327.7 9 245.2 1 408.7 673.8 12 172.7 13 010.
Website address www.doj.gov.
The aim of the Department of Justice and Constitutional Development is to uphold and protect the Constitution and the rule of law, and render accessible, fair, speedy and cost effective administration of justice in the interests of a safer and more secure South Africa.
Purpose: Manage the department, develop policies and strategies for the efficient administration of justice, and provide centralised support services.
Purpose: 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.
Purpose: Provide legal and legislative services to government, supervise the administration of deceased and insolvent estates and the Guardian's Fund, prepare and promote legislation, facilitate constitutional development and undertake research in support of this.
Purpose: Provide a coordinated prosecuting service that: ensures that justice is delivered to the victims of crime through general and specialised prosecutions; protects certain witnesses; and removes the profit from crime.
Purpose: Provide a variety of auxiliary services associated with the department's aim, and fund transfer payments to the South African Human Rights Commission, the Public Protector, the Commission on Gender Equality, the Legal Aid Board, the Special Investigating Unit, the Represented Political Parties' Fund and the President's Fund.
The Department of Justice and Constitutional Development's key strategic objectives are: capacitating and restructuring the courts, integrating the justice system, catering for the needs of vulnerable groups, and improving the maintenance system to relieve the pressure on the courts. Effectively meeting the objectives will improve the standard of service delivery, broaden access to justice, and improve the efficiency of the criminal justice system.
To improve the standard of service delivery, the department aims to fill critical vacancies, modernise justice services, reduce the backlog of cases and improve overall case flow management. Over the medium term, additional resources will be used for meeting the demands imposed on the criminal justice system by the high crime rate, and more general factors such as skills shortages.
For filling critical vacancies, 62 magistrates from all ranks and 16 judges were appointed in 2007/08, bringing the total number of permanent magistrates and judges to 1 830 and 199, an increase of 17.7 per cent in magistrate posts and 1.8 per cent in judge posts. Over the medium term, the National Prosecuting Authority aims to recruit, develop and retain skilled and experienced prosecutors.
Improved administration processes and logistics and the more efficient use of human resources should lead to noticeably higher levels of service delivery. IT solutions introduced at selected courts countrywide will help to resolve cases more speedily, such as the e-scheduler and audiovisual linkage for postponing certain criminal proceedings.
To bring court services closer to marginalised communities in townships and rural areas, the Department of Justice and Constitutional Development is continuing to rationalise courts and redemarcate magisterial districts. This process is likely to be completed in 2009/10. A 2007/08 audit of 366 magisterial districts identified 24 branch courts with limited services (criminal cases only) as priority courts to be expanded to provide all magistrate's court services. The construction of new courts in townships and rural areas is continuing, and mobile courts will service remote communities until permanent facilities are built.
Crimes against women and children continue to be high on the department's agenda. Ongoing priorities are: public communication about services and assistance for victims of crime; services related to maintenance; the Guardian's Fund; sexual and domestic violence; Truth and Reconciliation Commission recommendations; and other issues affecting vulnerable groups.
A Child Justice Bill implementation framework has been developed and is being reviewed by stakeholders. The Association of the Regional Magistrates of South Africa facilitated the training of approximately 250 regional court magistrates on child justice, diversion and non-custodial sanctions in serious cases. (Diversion and noncustodial sanctions are ways of disposing of a criminal case other than through normal court proceedings.) A family law learnership manual was finalised in 2007/08, and staff such as family advocates and counsellors are being trained on domestic violence. The family advocate also extended its services by establishing two satellite offices each in Gauteng, Western Cape, Eastern Cape and KwaZulu-Natal.
A review of the criminal justice system, one of the apex priorities endorsed by Cabinet in 2007/08, is under way. The review seeks to improve the overall functioning of the criminal justice cluster, and is being conducted by the justice, crime prevention and security cluster, coordinated by the Deputy Minister of Justice and Constitutional Development. A concurrent research review aims to identify the causes of blockages in the criminal justice system and propose solutions.
Progress has been made in establishing a single coordinating and management structure for the criminal justice system at all levels, including an integrated and seamless electronic database of information relevant to the criminal justice cluster.
Programmes for combating crime and strengthening South Africa's constitutional democracy will continue in partnership with the private sector, religious and traditional leaders, and civil society.
Together with legal practitioners and academics, the department finalised the Legal Services Charter in December 2007. The charter aims to transform the legal services sector, promote and empower historically disadvantaged individuals, entrench the independence of the legal profession, ensure access to all aspects of justice, and create an affirming and enabling environment, among others.
Conviction rate: high courts regional courts district courts sexual offences courts specialised commercial crime unit National Prosecuting Authority 87% (1 195) 71% (27 761) 87% (291 474) 70% (4 465) 94.6% (1 680) 87.8% (1 016) 72% (26 618) 87.4% (258 172) 65% (3 869) 96.6% (3 869) 85% (987) 73% (25 338) 87% (227 482) 66% (2 887) 94.
R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 1. Administration 601.7 643.8 1 043.5 967.8 945.2 1 038.6 1 138.1 1 230.3 2. Court Services 1 998.8 2 505.7 2 812.1 3 342.5 3 372.3 3 911.1 4 176.8 4 475.5 3. State Legal Services 293.5 329.6 382.5 503.2 541.8 569.9 605.1 645.1 4. National Prosecuting Authority 1 399.9 1 535.8 1 860.3 2 115.5 2 155.5 2 480.1 2 618.3 2 777.7 5. Auxiliary and Associated Services 859.6 990.4 1 275.4 1 586.6 1 500.7 1 658.3 1 804.6 1 927.
Subtotal 5 153.5 6 005.2 7 373.8 8 515.5 8 515.5 9 658.0 10 342.8 11 056.
Direct charge against the National 1 040.1 1 099.3 1 184.5 1 389.3 1 433.5 1 669.7 1 829.9 1 954.
Judges' salaries 252.3 269.3 298.5 370.3 346.6 404.8 440.5 466.
Magistrates' salaries 787.8 830.0 886.1 1 019.0 1 086.9 1 264.9 1 389.4 1 487.
Total 6 193.6 7 104.5 8 558.3 9 904.9 9 949.1 11 327.7 12 172.7 13 010.
Change to 2008 Budget estimate 174.1 218.3 328.0 447.7 561.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Infrastructure and planning Consultants and professional services: Laboratory service Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Government motor transport (Trading account) Inventory: Food and food supplies Inventory: Learner and teacher support material Inventory: Materials and supplies Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Transport provided: Departmental activities Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities 4 968.6 5 631.9 6 981.3 8 020.6 8 106.0 9 245.2 9 933.7 10 571.8 3 266.6 1 657.6 4.2 10.3 24.3 15.7 6.5 1.6 135.0 115.1 70.5 0.2 0.4 62.0 88.3 159.7 1.5 17.8 15.4 - 0.2 0.6 53.2 274.5 179.8 61.3 231.3 6.9 112.5 8.8 44.4 3 695.2 1 934.0 4.3 29.0 52.9 18.9 4.1 5.4 134.1 197.1 52.5 -0.3 64.6 83.4 145.8 1.5 - 14.4 - 0.4 0.4 107.6 327.7 239.4 5.4 297.6 12.4 121.8 13.02.7 4 338.9 2 638.5 4.6 31.9 70.0 22.7 6.7 8.9 155.9 275.7 167.5 - 0.3 76.1 81.5 189.3 1.2 - 23.4 - 1.1 0.7 107.2 405.1 343.1 1.3 410.1 18.3 205.5 30.3 4.0 5 194.0 2 826.6 31.6 43.3 121.3 23.3 5.6 37.1 156.9373.0326.5 - 1.733.4 35.3 124.5 24.3 - 0.3 2.8 1.04.1 121.8 424.4 366.9 0.2360.0 37.5 138.9 30.6 0.0 5 272.9 2 832.3 31.6 43.3 121.3 23.3 5.6 37.1 156.9 373.0 332.3 - 1.7 33.4 35.3 124.5 24.3 - 0.3 2.8 1.0 4.1 121.8 424.4 366.9 0.2 360.0 37.5138.9 30.6 0.8 6 150.9 3 094.4 118.9 37.0 93.3 7.8 5.8 19.6 184.0 106.3 417.6 91.6 1.1 54.7 79.9 144.5 7.4 - 0.2 2.7 1.1 3.2 130.7 481.5 397.8 0.1 449.4 37.4 189.8 30.8 - 6 586.5 3 347.2 124.9 39.6 100.0 8.5 6.3 21.0 197.1 115.7 455.7 96.6 1.2 58.5 85.6 152.0 7.8 - 0.3 3.0 1.23.4 139.6 537.8 432.5 0.1 481.3 40.2 204.1 33.0 - 7 033.6 3 538.2 130.8 41.6 104.3 9.1 6.6 21.9 205.5 120.0 483.1 104.6 1.2 60.9 88.6 158.5 8.5 - 0.3 3.1 1.3 3.6 146.0 583.6 460.8 0.1 503.5 42.5 213.3 35.
Transfers and subsidies 761.0 851.6 1 024.2 1 334.7 1 334.7 1 408.7 1 533.9 1 637.
Provinces and municipalities 10.4 3.1 - - 0.
Departmental agencies and accounts 703.8 795.1 977.1 1 245.5 1 245.5 1 308.3 1 427.3 1 524.
Software and other intangible assets 0.5 21.1 4.8 4.4 4.1 12.4 13.4 14.
The department's budget is expected to increase at an average annual rate of 13.2 per cent over the seven-year period, rising from R6.2 billion in 2005/06 to R13 billion in 2011/12 (including direct charges against the National Revenue Fund). Much of this increase is for improving the capacity at courts and providing services, hence the relatively large increases in the Court Services (10.2 per cent), State Legal Services (8.6 per cent) and National Prosecuting Authority (9.5 per cent) programmes over the MTEF period.
The increase of 25.4 per cent in the Court Services programme in 2006/07 was mainly due to additional funding for capacity building and replacing government vehicles. The latter entailed capital expenditure, which explains the increase of 33.8 per cent on payments for capital assets in that year.
The increase of 62.1 per cent in the Administration programme in 2007/08 was for the temporary appointment of state advocates in the director-general's office (until the Office of the Chief Litigation Officer has been established). The increase of 21.1 per cent in the National Prosecuting Authority programme in 2007/08 was due to additional funding for appointing two prosecutors per court and additional witness protection capacity.
Between 2007/08 and 2008/09, the budget of the State Legal Services programme increased by 31.5 per cent due to expanded capacity in the master's office and state litigation services. The budget of the Auxiliary and Associated Services programme increased by 24.4 per cent in 2008/09 due to an additional allocation to the Legal Aid Board for improved conditions of service for legally qualified personnel.
22.7 per cent between 2005/06 and 2008/09, due to additional allocations for modernising the justice system and the independent bodies. This is also the reason for the increases of 36.4 per cent on goods and services (consultants) and 20.3 per cent on transfers and subsidies in 2007/08.
The 2009 Budget sets out additional allocations of R500.1 million in 2009/10, R638.3 million in 2010/11 and R763.4 million in 2011/12 for: implementing an occupation specific dispensation for legally qualified personnel in the department, the National Prosecuting Authority and the Legal Aid Board; implementing legislation, including the 2008 Child Justice Bill and the Criminal Law Amendment (Sexual Offences and Related Matters) Act (2007); increases in magistrates' salary packages; adjustments for inflation; increased project capacity in the special investigating unit and public protector; and IT infrastructure in the South African Human Rights Commission.
On aggregate, savings of R172.1 million in 2009/10, R190.6 million in 2010/11 and R201.6 million in 2011/12 have been identified in goods and services and transfers to public entities. Approved posts have been costed and funded, and an amount set aside to expand the establishment over the medium term. Reprioritisation in operational expenditure contributed funds towards physical security at courts and reducing criminal case backlogs in the Legal Aid Board.
Of the R1.9 billion available over the medium term for infrastructure investment, 46.8 per cent (R873 million) will be spent on large infrastructure projects and 53.2 per cent (R1 billion) on small projects. In 2007/08, new court facilities were completed in Motherwell (Eastern Cape), Sekgosese (Limpopo) and Daveyton (Gauteng). Major extensions were completed in Theunissen (Free State) and Ceres (Western Cape), and further extensions of court buildings were completed at Richmond and Stanger (KwaZulu-Natal) magistrate's offices, at Mitchell's Plain (Western Cape) magistrate's office, at Colesberg (Free State) magistrates office, and at the Supreme Court of Appeal in Bloemfontein.
New accommodation construction projects include: Tsakane magistrate's court, the Transvaal provincial division, Augrabies magistrate's office, Ekangala magistrate's office, Kagiso magistrate's office and Galeshewe magistrate's office. Five sites were acquired for the construction of new court facilities (Mamelodi, Hankey, Ngome, Dimbaza and Lothair), and 10 sites were made more accessible for people with disabilities. A further 86 sites are under construction and plans are under way at 366 sites for improving accessibility for people with disabilities. Projects in the department's repair and maintenance programme are also at various stages, with 187 courts on status quo reports, 8 courts in the planning phase (design and tender), 5 courts in the repair phase and 82 courts in the maintenance phase.
Revenue is mainly generated from fines, penalties and forfeits imposed by the courts, as well as money recovered by state attorneys. Receipts from fines, penalties and forfeits are set to increase at an average annual rate of 5.6 per cent over the medium term, as court fines now start to flow through the department's financial system.
Office Accommodation 270.3 300.0 352.9 385.8 448.9 508.6 559.
Total 601.7 643.8 1 043.5 967.8 1 038.6 1 138.1 1 230.
Change to 2008 Budget estimate 26.6 (51.3) (51.8) (52.
From 2008/09, the current payments relating to the total remuneration package of political office bearers are shown, before this only salary and car allowances are included. Administrative and other subprogramme expenditure may in addition include payments for capital as well as transfers and subsidies.
Current payments 587.9 623.8 966.4 946.6 1 014.7 1 114.9 1 202.
Consultants and professional services: 0.
Consultants and professional services: - - - 0.0 0.1 0.2 0.
Consultants and professional services: 0.1 0.5 1.3 0.3 1.9 2.0 2.
Contractors 0.9 0.9 2.5 2.2 4.1 4.4 4.
Agency and support / outsourced 38.5 23.5 16.6 9.2 6.1 6.5 6.
Entertainment 0.1 0.3 0.2 22.3 0.4 0.5 0.
Inventory: Food and food supplies 0.1 - - 0.0 0.0 0.0 0.
Inventory: Fuel, oil and gas 0.0 - - 0.0 0.0 0.0 0.
Inventory: Learner and teacher support - - - 0.
Inventory: Materials and supplies 0.2 0.0 - 0.0 0.0 0.0 0.
Inventory: Medical supplies - - - - 0.0 0.0 0.
Inventory: Other consumables 0.0 0.0 - 0.0 0.0 0.0 0.
Transport provided: Departmental 0.
Provinces and municipalities 0.5 0.
Departmental agencies and accounts - 4.0 3.9 4.4 4.6 4.9 5.
Foreign governments and international 4.1 4.7 3.6 4.2 4.5 4.8 5.
Current - 4.0 3.9 4.4 4.6 4.9 5.
Contribution to National Skills Fund - 4.0 3.9 4.4 4.6 4.9 5.
Current 3.4 4.1 3.6 4.0 4.5 4.8 5.
Subscription fees: International Criminal 3.4 4.1 3.6 4.0 4.5 4.8 5.
Between 2005/06 and 2011/12, the Administration programme's expenditure is expected to grow at an average annual rate of 12.7 per cent, rising from R601.7 million in 2005/06 to R1.2 billion in 2011/12. Most of this growth is in the Corporate Services subprogramme, which increases at an average annual rate of 13.7 per cent over the seven-year period, for human resource development and additional legal interns.
The increase of 62.1 per cent in the programme's spending in 2007/08 was due to the once-off replacement of computer hardware and the appointment of temporary state advocates in the director-general's office. The latter is also the reason for the 462.5 per cent increase in the Management subprogramme in 2007/08.
Compensation of employees increased at an average annual rate of 24.1 per cent between 2005/06 and 2008/09 due to higher than normal salary increases and the appointment of interns. Spending on this item is expected to grow more moderately over the medium term, at an average annual rate of 4.9 per cent.
Expenditure on transfers and subsidies increased by 96.3 per cent in 2006/07 due mainly to the introduction of departmental contributions to the National Skills Fund.
566.8 per cent in 2007/08 due to the once-off purchase of digital court recording equipment and the rollover of funds from 2006/07 to improve access to courts by people with disabilities.
Constitutional Court funds the activities and operations of this court, which has jurisdiction over constitutional matters only.
Supreme Court of Appeal funds the activities and operations of this court, which adjudicates appeals and questions of law from the high courts.
High Courts funds the activities and operations of the various high court divisions, which have jurisdiction over defined geographical areas in which they are located.
Specialised Courts funds the activities and operations of the labour and labour appeal courts, the land claims court, the special tribunal, and the family courts.
Lower Courts funds the activities and operations of the various regional and district courts. The regional courts adjudicate serious criminal matters. District courts adjudicate civil cases and less serious criminal cases.
Family Advocate funds these offices, which make recommendations to the court where there is litigation and mediation relating to children in family matters.
Magistrate's Commission funds this commission, which makes recommendations on the appointment and tenure of magistrates.
Government Motor Transport funds vehicles for judges and departmental officials.
Facilities Management funds the building and upgrading of court and justice service delivery points.
Administration of Courts funds the management of courts' administration and performance evaluation functions. Funding for the Government Motor Transport subprogramme depends on the number of new appointees expected each year and the planned replacement of existing vehicles. Funding for the Facilities Management subprogramme is distributed based on planned capital works, infrastructure upgrades and additions. Funding for the other subprogrammes is distributed based on personnel composition and historical expenditure patterns. Once-off operational requirements are also taken into account.
reducing the case backlog in regional courts by between 25 per cent and 30 per cent per year, from 20 452 cases in 2006/07 to 14 500 in 2009/10, through 37 dedicated case backlog courts reducing the case cycle time for criminal cases involving children by 11 per cent per year, from the current 18 months to 16 months in 2009/10, through implementing the provisions of the Child Justice Bill reducing the number of cases on court rolls by increasing matters dealt with by admission of guilt fines (assaults, theft, crimen injuria) from 30 115 in 2007/08 to 10 000 in 2010/11 securing 150 justice service delivery points with integrated security infrastructure through contracted service providers by the end of 2009/10 replacing 20 per cent of current branch courts (46 of 230) with full court services by the end of 2010/11 through redesignating the identified branch courts.
Provide adequate family law service litigation and family mediation by finalising 50 per cent of all cases handled by the family advocate within 6 months in 2009/10.
In 2007/08, the Constitutional Court finalised 65 per cent of cases on the roll (63 out of 97), against a target of 85 per cent. The Supreme Court of Appeal received 597 petitions for leave to appeal in criminal matters, of which 455 were finalised in 2007/08. This represents 76.2 per cent of appeals finalised against a target of 85 per cent.
The average court hours in high courts decreased from 3 hours and 20 minutes in 2006/07 to 3 hours and 16 minutes in 2007/08, although there was an increase in the number of court sessions from 833 to 893. The number of court days also increased, from 8 272 to 8 464. The lower courts maintained an average of 3 hours and 48 minutes in 2007/08, from the average of 3 hours and 59 minutes recorded in 2006/07. District courts averaged 3 hours and 51 minutes and regional courts 3 hours and 39 minutes, a 9 minute and 16 minute decline from the previous year.
From the end of the third quarter in 2006/07 to the end of the third quarter in 2008/09, the backlog courts finalised 7 289 cases (84 per cent of 8 718 received). There were 27 backlog sites in operation in 2007/08, and more are currently being considered to deal with the large number of outstanding cases, particularly in the regional courts. The number of backlog courts has increased in 2008/09 to 37. Since the inception of the national backlog project, 10 614 cases have been finalised, including 2 809 withdrawals and 516 transfers to higher courts.
The Office of the Family Advocate finalised 8 150 queries against a target of 12 000 in 2007/08, a 16.8 per cent increase on the 6 975 matters finalised in 2006/07.
3 new courts and 9 major extensions were completed in 2007/08, against a target of 15. As part of the department's repair and maintenance programme, 82 courts were renovated in 2007/08, against a target of 130.
Over the medium term, spending will focus on modernising courts and their systems and procedures, improving case flow management, promoting the use and development of indigenous languages in courts, monitoring the institutional efficiency of all courts, and broadening access to court services.
Constitutional Court 24.4 27.2 45.0 59.7 68.1 71.7 75.
Supreme Court of Appeal 11.3 12.0 12.9 15.7 15.0 15.9 16.
High Courts 197.2 214.7 226.4 204.4 229.5 243.0 256.
Specialised Courts 18.9 20.9 24.6 22.4 23.5 24.8 26.
Lower Courts 1 262.7 1 617.7 1 782.2 2 045.9 2 559.3 2 740.4 2 945.
Family Advocate 34.2 44.8 67.3 79.5 93.2 100.0 106.
Magistrate's Commission 5.2 4.7 7.6 8.6 8.6 9.0 9.
Government Motor Transport 9.8 24.3 27.8 31.8 34.4 35.4 37.
Facilities Management 288.9 323.7 361.1 568.8 593.2 631.5 679.
Administration of Courts 146.3 215.9 257.2 305.6 286.5 305.1 322.
Total 1 998.8 2 505.7 2 812.1 3 342.5 3 911.1 4 176.8 4 475.
Change to 2008 Budget estimate (29.1) 98.2 173.9 234.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Laboratory service Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Inventory: Food and food supplies Inventory: Fuel, oil and gas Inventory: Learner and teacher support material Inventory: Materials and supplies Inventory: Medical supplies Inventory: Military stores Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Transport provided: Departmental activities Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities 1 622.4 1 925.3 2 432.8 2 854.5 3 330.2 3 567.8 3 779.4 979.8 598.2 0.7 3.7 11.4 0.0 (0.0) 0.7 73.81.1 1.6 0.4 22.7 83.2 58.3 0.2 0.0 0.0 - 0.1 0.0 0.0 0.5 39.6 17.9 88.8 0.0 130.3 1.9 57.7 3.6 44.4 1 161.1 762.8 1.4 11.3 31.3 - 0.02.7 80.2 1.2 4.7 0.3 22.8 74.1 51.4 0.2 - 0.0 - 0.4 - - 0.3 95.1 21.4 126.5 0.0 172.9 3.4 57.4 3.7 1.5 1 489.6 943.21.2 8.5 50.8 0.0 0.0 5.6 94.6 7.8 27.1 0.3 24.8 66.8 72.7 0.3 - 0.1 - 1.1 - - 0.6 72.3 23.4 95.9 0.0 236.0 6.4 133.6 13.2 0.0 1 610.5 1 244.0 1.8 27.1 96.9 - - 31.6 96.4 51.0 176.9 1.6 17.5 22.9 92.0 0.4 0.1 0.3 0.4 0.6 0.0 - 2.4 87.1 33.5 229.7 0.1178.9 12.9 71.6 10.4 - 1 978.6 1 351.6 107.7 17.9 67.9 0.0 - 14.5 121.2 22.3 64.8 0.9 33.6 65.2 95.4 0.4 0.0 0.2 0.1 0.7 0.0 - 1.4 87.5 33.7 230.5 0.1 253.3 9.2 112.8 10.1 - 2 127.8 1 440.0 112.8 19.1 72.7 0.0 - 15.5 129.6 23.8 69.3 1.0 36.0 69.6 101.7 0.5 0.0 0.2 0.1 0.8 0.0 - 1.5 93.5 36.1 244.7 0.1 270.6 9.8 120.5 10.7 - 2 288.2 1 491.2 117.8 19.7 75.3 0.0 - 16.0 133.5 24.6 71.5 1.0 37.1 71.7 105.6 0.5 0.0 0.2 0.1 0.8 0.0 - 1.5 96.4 37.1 256.1 0.1 279.1 10.2 124.2 11.
Transfers and subsidies 9.8 7.3 10.2 7.2 10.8 11.4 12.
Payments for capital assets 366.7 573.1 369.1 480.8 570.2 597.6 684.
Current Employee social benefit 6.6 6.4 10.0 7.2 10.8 11.4 12.1 6.6 6.4 10.0 7.2 10.8 11.4 12.
Expenditure grows at an average annual rate of 14.4 per cent between 2005/06 and 2011/12 due to the implementation of a number of projects, including new legislation, physical court security and special projects related to the 2009 FIFA Confederations Cup and the 2010 FIFA World Cup.
The budget of the Constitutional Court subprogramme increased by 65.6 per cent in 2006/07 and 32.7 per cent in 2007/08 to cater for the expanded capacity required by the court and the chief justice.
The Lower Courts subprogramme, which accounts for an average of 64.7 per cent of this programme's budget over the medium term, is expected to increase from R2 billion in 2008/09 to R2.9 billion in 2011/12 at an average annual rate of 12.9 per cent. The 28.1 per cent increase in this subprogramme in 2006/07 was the result of additional funding for increased capacity in the regions. Over the medium term, the subprogramme's allocations are expected to be used to improve service delivery, integrate the management of cases and people along the justice chain, improve human resource development, and fill all vacancies.
Between 2005/06 and 2008/09, expenditure on the Family Advocate subprogramme increased at an average annual rate of 32.4 per cent. More personnel have been appointed because of the department's increased responsibility arising from the implementation of the Children's Act (1997).
Expenditure in the Facilities Management subprogramme, which funds the building of new courts and the rehabilitation of existing court infrastructure, increases at an average annual rate of 15.3 per cent between 2005/06 and 2011/12.
Spending on the Administration of Courts subprogramme increased at an average annual rate of 27.8 per cent between 2005/06 and 2008/09 due to additional allocations for increased capacity and a project to reduce criminal case backlogs.
Goods and services spending increased at an average annual rate of 27.6 per cent between 2005/06 and 2008/09 because of projects to reduce criminal case backlogs and implement the Children's Bill. Over the medium term, expenditure on this item is expected to increase at an average annual rate of 6.2 per cent to reach R1.5 billion in 2011/12.
Spending on payments for capital assets increased by a significant 56.3 per cent in 2006/07 due to the rollover of funds for completing various projects in the repair and maintenance programme. Expenditure on this item is expected to grow more moderately over the medium term, at an average annual rate of 12.5 per cent.
State Law Advisors provides legal advisory services to the executive, all state departments, parastatals and autonomous government bodies.
Litigation and Legal Services provides attorney, conveyancing and notary public services to the executive, all state departments, parastatals and other government bodies through the offices of the state attorney, and provides legal support to the department and the ministry.
Legislative Development and Law Reform prepares and promotes legislation, conducts research, promotes, maintains and develops the Constitution and its values, and assists and protects independent institutions supporting constitutional democracy to ensure their independence, impartiality, dignity and effectiveness. The name of this subprogramme has changed to better describe the services it provides.
Master of the High Court funds this office, which supervises the administration of deceased and insolvent estates, trusts, curatorships and the Guardian's Fund. Funding for these subprogrammes is distributed based on personnel composition and historical expenditure patterns. Once-off operational requirements are also taken into account.
Improve the legal system by preparing at least 12 bills and subordinate legislative instruments (regulations and rules) for submission to the Ministry of Justice and Constitutional Development by 2010/11.
Facilitate constitutional development by submitting at least 11 research publications to the South African Law Reform Commission for consideration and approval in 2010/11.
Improve legal services provided to government by expanding capacity and reducing government departments' reliance on private sector legal advisory services from 70 per cent in 2007/08 to 30 per cent by the end of 2010/11.
completing registered estates cases worth R125 000 or less within 4 months providing beneficiaries of estates access to assets within 60 days of application.
The 2007/08 target of finalising 90 per cent of all opinions, agreements and draft legislation was met. 98 per cent of instructions were finalised, and the remaining 2 per cent reflects work received in the last month of the year. During the first quarter of 2008/09, 43 per cent of opinions and 97 per cent of international agreements were finalised within 30 days of receiving them.
Government's reliance on private sector assistance for legal services was reduced by 15 per cent in 2007/08 against the target of 5 per cent.
17 draft bills and rules were submitted to the ministry in 2007/08 against a target of 12. Over the same period, the South African Law Reform Commission released 11 research publications against a target of 8. In 2008/09, the department was involved in deliberations and submissions on bills submitted to Parliament on child justice, floor crossing, traditional courts, renaming the high courts, reforming customary law of succession, and the judicial matters, criminal procedure, National Prosecuting Authority and South African Police Service amendment bills.
3 road shows, 2 workshops, an awareness campaign and 2 presentations on constitutional issues such as human rights and equality legislation promoted the Constitution and its values to national and provincial departments. During 2008/09, 2 articles were published in Justice Today on women's rights and xenophobia, 2 programmes on constitutional and human rights were launched in Kliptown, and the Promotion of Equality and Prevention of Unfair Discrimination Act (2000) was translated into 11 languages.
The master of the high court resolved 56.9 per cent of reported estates of less than R125 000 (58 147 of 102 235) within a 4-month period, and 16 038 estates of R125 000 or less by the end of the first quarter of 2008/09. By the end of 2007/08, 5 masters' offices had been automated, against a target of 6.
Funding for this programme will continue providing government with legal services and facilitating constitutional amendments over the medium term. In support of this, research will be conducted and legislation related to the department's functions promoted.
State Law Advisors 17.7 18.6 22.9 33.9 34.6 37.0 39.
Litigation and Legal Services 129.0 141.6 146.7 189.4 207.3 216.8 229.
Legislative Development and Law Reform 23.8 25.7 26.4 38.9 40.2 44.0 46.
Master of the High Court 123.1 143.7 186.6 240.9 287.9 307.2 329.
Total 293.5 329.6 382.5 503.2 569.9 605.1 645.
Change to 2008 Budget estimate - 7.9 15.7 20.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Catering: Departmental activities Communication Computer services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Households Payments for capital assets Machinery and equipment Software and other intangible assets 287.2 323.0 377.5 497.9 565.1 600.0 639.2 235.0 52.30.4 0.9 1.1 - 7.40.9 14.2 0.7 1.0 5.4 3.6 0.2 9.1 0.4 6.3 0.4 - 260.0 63.0 0.5 1.6 3.6 0.2 9.0 0.0 13.2 1.6 2.2 6.0 3.4 0.6 13.3 0.4 6.3 0.9 - 292.5 84.9 0.4 1.5 3.6 0.3 10.0 0.6 14.7 4.7 15.3 5.9 3.0 1.4 20.0 0.6 2.1 0.3 0.0 434.7 63.3 0.8 1.1 5.0 0.4 9.7 2.7 0.2 2.0 4.16.1 3.4 0.1 19.4 1.0 5.7 1.2 - 474.6 90.5 0.8 1.1 4.8 0.5 9.5 2.6 2.9 1.9 27.9 6.3 3.8 0.1 20.4 1.0 5.4 1.3 - 507.8 92.2 0.8 1.2 5.0 0.5 9.6 2.7 2.8 2.0 27.26.6 3.9 0.1 21.5 1.0 5.7 1.3 - 539.3 99.8 0.9 1.3 5.6 0.5 10.4 3.1 2.9 2.1 28.7 7.2 4.2 0.1 23.5 1.1 6.3 1.
Current Employee social benefit 4.0 3.1 0.8 0.5 0.5 0.5 0.5 4.0 3.1 0.8 0.5 0.5 0.5 0.
Expenditure increases at an average annual rate of 14 per cent between 2005/06 and 2011/12.
25.1 per cent between 2005/06 and 2008/09 due to the appointment of additional personnel.
The increase reflected in compensation of employees, which increased at an average annual rate of 22.8 per cent between 2005/06 and 2008/09, is because of the implementation of the occupation specific dispensation for legally qualified professionals, which had the largest impact in this programme.
Over the medium term, expenditure is expected to increase steadily, rising from R503.2 million in 2008/09 to R645.1 million in 2011/12 at an average annual rate of 8.6 per cent. The increase will go towards improving access to the Guardian's Fund services, facilitating the accessibility of deceased and insolvent estates services, increasing capacity by employing additional personnel in the state attorney's office, and developing the skills of existing personnel.
Expenditure on transfers and subsidies decreased by a significant average annual rate of 52.8 per cent between 2005/06 and 2008/09 because spending on the International Criminal Court shifted to the Administration programme in 2007/08.
Payments for capital assets increased by a significant 111.3 per cent in 2006/07 due to the once-off purchase of office equipment, furniture and computers for the master of the high court.
Public Prosecutions provides for general prosecutions and several specialist prosecution units, such as those for priority crimes litigation, sexual offences and community affairs, and specialised commercial crime.
Witness Protection Programme provides for protection, support and related services to vulnerable witnesses and related people in judicial proceedings.
Directorate of Special Operations funds this directorate, which investigates and prosecutes complex and organised crime.
Asset Forfeiture Unit funds this unit, which seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process.
Support Services funds corporate support services to the National Prosecuting Authority. This new subprogramme was established to properly account for the corporate services component of the authority. Funding for these subprogrammes is distributed based on personnel composition and historical expenditure patterns. Once-off operational requirements are also taken into account.
Improve prosecutorial efficiency by increasing the number of cases finalised by 2 per cent, from 311 488 in 2008/09 to 330 551 in 2011/12.
Increase the use of alternative ways of delivering justice by increasing the number of cases finalised (including diversion) by 2 per cent per year, from 396 303 in 2008/09 to 420 559 in 2011/12.
Improve capacity to deal with complex commercial crime by increasing the number of cases finalised by the specialised commercial crime unit by 2 per cent, from 1 257 in 2008/09 to 1 334 in 2011/12.
Improve justice services for the victims of sexual offences by establishing 5 additional Thuthuzela care centres per year to bring the total number to 30 in 2011/12 from the current 15.
Protect and support vulnerable and intimidated witnesses by ensuring that no witnesses are harmed or threatened while on the witness protection programme, thus reducing the percentage of witnesses that walk off the programme from 16 per cent in 2008/09 to 10 per cent in 2011/12.
Contribute to reducing the incentive for crime by removing its proceeds from the control of criminals and by increasing the value of freezing orders (court orders to freeze an individual's assets) from R330 million in 2008/09 to R420 million in 2011/12.
85.9 per cent against a target of 80 per cent. 46 470 cases were diverted. In the first half of 2008/09, 1 632 high and lower courts finalised 260 431 cases and achieved the overall conviction rate target of 85 per cent. A further 68 693 cases were finalised through alternative dispute resolution mechanisms, which include diversions, informal mediations and admission of guilt agreements.
On average, 63 regional courts dedicated to sexual offences finalised a total of 4 365 cases in 2007/08, with a 66 per cent conviction rate against the 70 per cent target. In the first half of 2008/09, 3 611 cases were finalised, with a 67 per cent conviction rate against a target of 66 per cent. 5 more Thuthuzela care centres were established in 2008/09, and 1 centre that was temporarily closed in 2007/08 was re-opened in 2008/09, bringing the total to 15.
The specialised commercial crime unit finalised 3 031 cases, with a conviction rate of 94.1 per cent against a target of 90 per cent. In the first half of 2008/09, the unit finalised 1 811 cases, and maintained its high conviction rate of 95.4 per cent against its target of 95 per cent.
The directorate of special operations resolved 178 investigations in 2007/08. 182 prosecutions were finalised, with a conviction rate of 94 per cent against a target of 95 per cent. In the first half of 2008/09, the directorate initiated 39 new investigative assignments, finalised 53 current major investigations, prosecuted 28 cases to conclusion with a conviction rate of 87 per cent (against a target of 85 per cent), arrested 71 suspects, restrained assets worth over R4.2 million, and seized contraband goods to the value of R6.6 million. The directorate also compensated victims to the value of R6.8 million.
In 2007/08, the asset forfeiture unit obtained 223 orders to restrain assets to the value of approximately R395.2 million. 223 cases to the value of R127.3 million were finalised, against a target of 180 cases with a value of R120 million. R45.6 million was paid into the criminal assets recovery account against a target of R25 million. The unit achieved a success rate of 80 per cent against a target of 85 per cent. Up to the end of December 2008, the unit was on or above target on all its key performance indicators. It obtained 193 orders to restrain assets to the value of R247 million. 190 cases to the value of R198 million were finalised. R21 million was paid into the criminal assets recovery account and the unit achieved a success rate of 86.5 per cent.
The office for witness protection had 428 witnesses, including family members, on the programme in 2007/08. No witnesses or family members were harmed or threatened. The definition of a walk-off was amended in 2007/08 to include all people that voluntarily left the programme before testifying, were given notice to leave the programme due to misconduct, or who left the safe house without prior notice. Under the new definition, 24 per cent of witnesses walked off the programme in 2007/08 against a target of zero. In the first half of 2008/09, 16 per cent (27) walked off.
Over the medium term, the National Prosecuting Authority will focus on improving service delivery by increasing its operational efficiency through knowledge sharing, partnerships, recruitment and training to enable speedy justice and the successful resolution of cases. In addition, the authority recognises the need for specialisation to effectively address crimes that affect the vulnerable groups. Crimes against women and children will continue to be a priority.
Public Prosecutions 750.1 905.1 1 067.3 1 329.0 1 532.8 1 602.9 1 700.
Witness Protection Programme 55.3 63.1 79.2 112.5 130.1 139.6 148.
Directorate of Special Operations 193.6 221.2 272.2 260.8 298.6 313.8 332.
Asset Forfeiture Unit 49.9 48.8 59.5 55.5 68.5 72.0 76.
Support Services 351.0 297.6 382.0 357.7 450.1 490.0 519.
Total 1 399.9 1 535.8 1 860.3 2 115.5 2 480.1 2 618.3 2 777.
Change to 2008 Budget estimate (7.2) 56.9 65.6 71.
Current payments Compensation of employees Goods and services of which: Administrative fees Advertising Assets less than R5 000 Audit costs: External Bursaries (employees) Catering: Departmental activities Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Legal costs Contractors Agency and support / outsourced services Entertainment Government motor transport (Trading account) Inventory: Food and food supplies Inventory: Learner and teacher support material Inventory: Other consumables Inventory: Stationery and printing Lease payments Owned and leasehold property expenditure Transport provided: Departmental activities Travel and subsistence Training and development Operating expenditure Venues and facilities Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Households Payments for capital assets Buildings and other fixed structuresMachinery and equipment Software and other intangible assets 1 334.9 1 516.7 1 805.3 2 066.0 2 392.2 2 522.8 2 676.4 900.2 434.71.3 1.9 1.1 2.3 1.4 - 41.8 41.4 2.5 24.9 3.5 57.9 1.1 17.8 15.3 - - - 54.7 13.5 61.3 42.0 1.7 45.1 2.30.0 1 060.5 456.1 0.5 10.1 13.2 2.7 1.6 0.4 32.6 37.0 0.8 28.0 6.8 67.6 1.0 - 14.4 - - - 86.3 23.3 5.3 65.2 4.6 52.1 2.7 0.1 1 230.6 573.7 0.9 9.7 10.7 3.6 1.4 1.0 38.7 35.5 0.8 35.2 3.9 84.6 0.6 - 23.4 - - - 118.537.6 1.3 90.8 5.2 60.6 9.7 0.9 1 555.4 510.7 1.5 8.0 10.9 4.3 2.1 2.1 40.8 34.7 54.5 15.3 8.2 14.2 1.6 - 0.2 2.4 1.6 12.9 99.9 35.9 0.0 84.5 8.6 55.5 10.7 - 1 824.5 567.7 6.6 8.4 11.6 4.5 2.2 2.3 43.5 36.9 58.1 16.3 8.8 15.1 1.7 - 0.2 2.6 1.7 13.8 117.6 41.1 0.0 90.1 9.1 63.8 11.4 - 1 902.8 620.0 7.2 9.2 12.7 5.0 2.5 2.5 47.5 40.3 63.4 17.8 9.6 16.5 1.9 - 0.2 2.8 1.8 15.1 128.5 44.9 0.0 98.4 10.0 69.6 12.5 - 2 019.6 656.9 7.6 9.8 13.4 5.3 2.6 2.6 50.3 42.7 67.2 18.8 10.1 17.5 2.0 - 0.2 3.0 1.9 16.0 136.1 47.5 0.0 104.2 10.6 73.8 13.
Medium-term expenditure estimate R million 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 2011/12 Details of selected transfers and subsidies Households Social benefits Current 3.1 2.3 3.3 7.7 10.1 10.8 11.
Expenditure increases at an average annual rate of 12.1 per cent between 2005/06 and 2011/12, rising from R1.4 billion in 2005/06 to R2.8 billion in 2011/12. The overall growth in the baseline provides for appointing at least two prosecutors per court, reducing criminal case backlogs, and the carry through cost of the occupation specific dispensation for legally qualified professionals.
The largest subprogramme, Public Prosecutions, accounts for 61.8 per cent on average of the programme's budget over the medium term. It increases from R1.3 billion in 2008/09 to R1.7 billion in 2011/12 at an average annual rate of 8.6 per cent.
Spending on payments for capital assets increased by a significant 229.8 per cent in 2007/08 due to the once-off purchase of computers and other IT equipment. This purchase also explains the substantial increases in 2007/08 on the Witness Protection Programme (25.7 per cent), Directorate of Special Operations (23 per cent), Asset Forfeiture Unit (21.9 per cent) and Support Services (28.4 per cent) subprogrammes.
Expenditure on compensation of employees is expected to increase at an average annual rate of 9.1 per cent over the medium term, rising from R1.6 billion in 2008/09 to R2 billion in 2011/12. This expenditure caters mainly for increased capacity.
Transfers and subsidies spending increased by 173.5 per cent in 2008/09 due to the introduction of a new transfer payment to the Safety and Security Sector Education and Training Authority in that year. Spending on this item is expected to increase at an average annual rate of 13.4 per cent over the medium term, rising from R8.9 million in 2008/09 to R13 million in 2011/12.
Office for the Control of Interception and Monitoring of Communication funds this office, which authorises applications by law enforcement agencies for intercepting and monitoring communications in terms of the relevant legislation.
South African Human Rights Commission funds this commission, which promotes and monitors the observance of human rights in South Africa.
Commission for Gender Equality funds this commission, which aims to create a society free from gender discrimination and any other form of gender oppression.
Special Investigating Unit funds this unit, which provides professional forensic investigating and litigation services to all state institutions at the national, provincial and local level to combat maladministration, corruption and fraud and to protect state assets and public money.
Legal Aid Board funds this board, which provides legal aid to indigent people and legal representation at the state's expense, as set out in the Constitution.
Public Protector funds this office, which investigates any alleged improper conduct in state affairs, public administration, or any sphere of government, or conduct which results in any impropriety or prejudice.
Justice Modernisation designs and implements IT infrastructure and networks to re-engineer business processes for the administration of civil and criminal justice in the integrated justice system.
President's Fund provides funding to give effect to the reparations policy flowing from the findings of the Truth and Reconciliation Commission.
Represented Political Parties' Fund provides for funding for political parties participating in Parliament and provincial legislatures.
Through this programme, the Department of Justice and Constitutional Development ensures the independence and integrity of the administration of justice, provides vulnerable groups with additional legal services and advice, entrenches constitutional democracy through the promotion and protection of human rights, and ensures that these services are used increasingly due to greater public awareness.
Since 1998/99, R800 million has been appropriated by Parliament to the President's Fund. Payments to beneficiaries began in 2003/04, and by the end of 2007/08, R525 million had been paid to 15 839 beneficiaries.
To date, 529 court sites have been connected to the wide area network, which constitutes 94 per cent of the total sites countrywide. The standardisation of hardware is in progress. A superdome server has been installed and 3 000 desktop computers that were out of warranty and did not meet the required specifications were replaced in 2007/08.
Over the medium term, the justice modernisation programme will be incorporated into the revamp of the criminal justice system programme to ensure the interconnectivity of the IT system between the various justice role players.
Office for the Control of Interception and Monitoring of 0.1 0.1 0.1 0.6 0.7 0.7 0.
South African Human Rights Commission 41.8 49.2 55.3 60.6 68.3 72.0 78.
Commission for Gender Equality 26.5 37.8 39.7 46.2 48.3 51.0 54.
Special Investigating Unit 48.9 55.6 103.1 116.3 150.4 160.8 172.
Legal Aid Board 453.2 501.4 613.0 842.1 835.5 928.3 990.
Public Protector 59.2 68.3 78.8 86.5 106.9 110.7 119.
Justice Modernisation 155.0 198.6 302.0 346.1 355.4 383.0 409.
President's Fund - - - 0.0 0.0 0.0 0.
Represented Political Parties' Fund 74.9 79.4 83.4 88.2 92.8 98.1 104.
Total 859.6 990.4 1 275.4 1 586.6 1 658.3 1 804.6 1 927.
Change to 2008 Budget estimate 183.8 66.4 69.4 88.
Current payments Compensation of employees Goods and services of which: Assets less than R5 000 Communication Computer services Consultants and professional services: Business and advisory services Consultants and professional services: Infrastructure and planning Contractors Agency and support / outsourced services Entertainment 127.8 180.7 243.4 335.5 347.5 377.1 403.2 0.5 127.3 8.2 1.4 68.4 45.1 - - 4.0 0.0 0.6 180.1 1.3 1.8 148.0 26.6 - - 1.1 - 0.1 243.3 0.7 0.4 160.7 77.4 - 3.5 0.1 - 0.5 335.1 0.2 0.1 237.3 92.0 - - 5.0 - 0.5 347.0 0.0 0.0 0.1 250.0 91.6 - - 4.7 0.5 376.6 0.0 0.0 0.1 274.3 96.6 - - 5.0 0.5 402.7 0.0 0.0 0.1 291.8 104.6 - - 5.
Transfers and subsidies 703.8 791.1 973.2 1 239.9 1 302.3 1 420.9 1 518.
Payments for capital assets 27.9 18.5 58.7 11.2 8.5 6.5 6.
Current Commission for Gender Equality 703.8 791.1 973.2 1 239.9 1 302.3 1 420.9 1 518.0 26.5 37.8 39.7 46.2 48.3 51.0 54.
Public Protector 58.6 67.8 78.7 86.5 106.9 110.7 119.
Represented Political Parties Fund 74.9 79.4 83.4 88.2 92.8 98.1 104.
Spending by this programme is dominated by transfer payments to several departmental agencies. Expenditure increased at an average annual rate of 22.7 per cent between 2005/06 and 2008/09, rising from R859.6 million to R1.6 billion. Over the medium term, the budget grows at an average annual rate of 6.7 per cent, from R1.6 billion in 2008/09 to R1.9 billion in 2011/12.
Increases over the seven-year period are mainly in the Special Investigating Unit subprogramme, rising at an average annual rate of 23.4 per cent, to improve capacity and the Legal Aid Board subprogramme, rising at an average annual rate of 13.9 per cent, to implement the occupation specific dispensation for legally qualified professionals.
The 15.2 per cent increase in this programme in 2006/07 was due to additional funding for justice modernisation (R88 million) and capacity in the independent bodies (R57.5 million).
41.5 per cent and 12.4 per cent on goods and services and transfers and subsidies in that year.
The increase of 24.4 per cent in total programme spending between 2007/08 and 2008/09 was due to funding for implementing improved conditions of service for legally qualified personnel in the Legal Aid Board.
Goods and services spending increased at an average annual rate of 38.1 per cent between 2005/06 and 2008/09 due to ongoing allocations to the integrated justice system programme, which aims to provide speedy business productivity solutions enabled by IT. Over the medium term, growth in goods and services is expected to stabilise at an average annual rate of only 6.3 per cent.
Spending on transfers and subsides increased at an average annual rate of 20.8 per cent between 2005/06 and 2008/09, from R703.8 million to R1.2 billion, and is expected to increase further at an average annual rate of 7 per cent over the medium term, to reach R1.5 billion in 2011/12.
The Legal Aid Board was established in terms of section 2 of the Legal Aid Act (1969) to provide legal aid to indigent people and legal representation at state expense to eligible people in terms of the Constitution. The board provides services in all regional, district and high courts through its extended network. Its role is to provide independent and impartial legal aid, with the intention of improving justice and public confidence in the law and the administration of justice.
The board uses five broad channels to fulfil its mandate: justice centres, cooperation agreements, judicare, special litigation, and other cost effective and efficient ways to provide legal assistance. The board provides legal aid primarily through the legal practitioners it employs at its justice centres. Its national network includes 57 fully functional justice centres (compared to only 26 in 2001/02), 13 high court units and 35 satellite offices.
The board has identified the following priority groups: children in civil matters; every detained person, including sentenced prisoners, every accused person who wishes to appeal or review a court decision in a higher court; women, particularly in divorces, maintenance and domestic violence cases; and the landless, especially eviction cases.
The board's strategic objectives are: to increase access to independent legal services (civil and criminal), especially for rural and remote communities, to protect vulnerable groups, and to promote alternative dispute resolution and restorative justice.
Over the medium term, it remains critical that communities receive increased public education on their rights and responsibilities, and on how to access services. The board will continue to participate in the criminal justice cluster initiatives, and will see to the implementation of the actions emerging from the criminal justice system review. The quality of legal service is important, and the board will increase its focus on improving turnaround times for trials, improving coordination between stakeholders at the local court level, focusing participation in cluster forums and other professional structures, and supporting the independence of the judiciary.
Annual ratio of legal aid practitioners per district court - - 0.91:1 0.91:1 0.94:1 0.97:1 0.
Annual ratio of legal aid practitioners per regional court - - 1.17:1 1.17:1 1.20:1 1.22:1 1.
The Legal Aid Board met all its legal services delivery targets for 2007/08.
The number of new cases dealt with increased by 37 185, from 358 883 in 2006/07 to 396 068 in 2007/08. This was 19 461 cases more than the target of 376 607 for 2007/08. The number of new matters for the first half of 2008/09 (223 365) exceeds the target for the same period (197 609). Cases finalised increased from 346 497 in 2006/07 to 399 738 in 2007/08, against a target of 363 627 for 2007/08. The number of finalised matters (169 283) for the first six months of 2008/09 is below the target for the same period (190 803). This is due to the slower rate of finalisation of civil matters during this period: 14 291 cases have been finalised against a target of 45 793.
In 2007/08, 42 087 children were assisted in criminal matters, and 6 196 in civil matters. The number of automatic reviews in courts continued to decrease steadily each year from 26 720 in 2004/05 to 12 019 in 2007/08.
The planned increase in the ratio of practitioners per court is aimed at improving the quality of legal services. For the first six months of 2008/09, the ratio for district courts is on target at 0.9:1. The ratio for regional courts is 1.15:1. This is slightly below the target of 1.17:1, but is likely to have been met in the second half of 2008/09.
The board's focus over the medium term will be to increase the number of criminal and civil matters finalised, thereby increasing access to justice. This will be achieved by increasing the ratio of legal aid practitioners per district court from 0.94:1 in 2009/10 to 0.99:1 in 2011/12.
1.20:1 to 1.24:1 over the same period.
Compensation of employees 252.1 314.3 411.4 586.8 468.2 520.0 552.
Judicare 112.7 92.6 83.4 74.4 78.9 83.6 88.
Cooperation agreements 3.9 4.8 4.7 4.0 5.0 5.3 5.
Impact litigation - 2.1 2.7 3.0 3.2 3.4 3.
Civil disbursement 1.4 1.6 1.6 2.8 2.9 3.1 3.
Other objectives 115.1 118.4 120.9 189.9 299.9 335.4 359.
Total expense 485.3 533.7 624.6 860.9 858.0 950.8 1 013.
Non-tax revenue 12.8 17.4 26.3 18.8 22.5 22.5 22.
Other non-tax revenue 12.8 17.4 26.3 18.8 22.5 22.5 22.
Transfers received 453.2 501.4 613.0 842.1 835.5 928.3 990.
Total revenue 466.0 518.8 639.3 860.9 858.0 950.8 1 013.
Current expense 485.3 527.1 612.9 857.2 858.0 950.8 1 013.
Transfers and subsidies - 6.6 11.7 3.
Total expenses 485.3 533.7 624.6 860.9 858.0 950.8 1 013.
Surplus / (Deficit) (19.3) (14.9) 14.
Assets not classified elsewhere - 0.8 0.9 1.
Total assets 244.7 263.2 320.1 375.3 374.5 379.2 392.
Accumulated surplus/deficit 135.5 125.3 142.4 253.8 253.8 253.8 253.
The Legal Aid Board receives transfers from government through the Department of Justice and Constitutional Development, and has been allocated R835.5 million, R928.3 million and R990.5 million over the medium term. This is the board's main source of revenue, supplemented only by interest income. Total revenue is expected to grow at an average annual rate of 5.6 per cent, from R860.9 million to R1 billion between 2008/09 and 2011/12.
Expenditure is expected to increase over the medium term at an average annual rate of 5.9 per cent, rising from R860.9 million in 2009/10 to R1 billion in 2011/12. Compensation of employees is set to increase as a proportion of total expenditure mainly because of the board's strategy to reduce the outsourcing of legal representation. The increases of 22.3 per cent in 2007/08 and 37.4 per cent in 2008/09 on transfers received were due to additional funding for appointing more staff and implementing the occupation specific dispensation for legally qualified professionals.
The 2009 Budget provides additional allocations of R13.3 million in 2009/10, R14.2 million in 2010/11 and R14.7 million in 2011/12 for the carry through cost of salary wage agreements in compensation of employees.
R million 2007/08 2007/08 2008/09 2008/09 1. Administration 838.1 886.0 1 043.5 941.1 26.6 967.8 945.2 2. Court Services 2 998.7 3 155.7 2 812.1 3 371.6 (29.1) 3 342.5 3 372.3 3. State Legal Services 415.9 443.6 382.5 503.2 - 503.2 541.8 4. National Prosecuting Authority 1 804.7 1 804.7 1 860.3 2 122.7 (7.2) 2 115.5 2 155.5 5. Auxiliary and Associated Services 1 220.4 1 248.7 1 275.4 1 402.8 183.8 1 586.6 1 500.
Subtotal 7 277.8 7 538.7 7 373.8 8 341.4 174.1 8 515.5 8 515.
Direct charge against the National 1 263.5 1 266.5 1 184.5 1 389.3 - 1 389.3 1 433.
Judges' salaries 337.1 337.9 298.5 370.3 - 370.3 346.
Magistrates' salaries 926.4 928.6 886.1 1 019.0 - 1 019.0 1 086.
Total 8 541.3 8 805.2 8 558.3 9 730.8 174.1 9 904.9 9 949.
Current payments Compensation of employees Goods and services Financial transactions in assets and liabilities Transfers and subsidies Provinces and municipalities Departmental agencies and accounts Foreign governments and international organisations Households Payments for capital assets Buildings and other fixed structures Machinery and equipment Software and intangible assets 7 102.8 7 201.2 6 981.3 8 059.6 (39.0) 8 020.6 8 106.0 4 504.4 2 598.4 - 4 405.8 2 795.4 - 4 338.9 2 638.5 4.0 5 194.3 2 865.3 - (0.3) (38.7) 0.0 5 194.0 2 826.6 0.0 5 272.9 2 832.3 0.8 1 006.4 1 038.6 1 024.2 1 150.7 183.9 1 334.7 1 334.
Compensation (R million) 2 258.3 2 632.9 3 183.0 3 952.9 4 555.4 4 835.5 5 162.
Compensation of employees (R million) 2 258.3 2 632.9 3 183.0 3 874.0 4 585.4 4 881.4 5 212.0 Training expenditure (R million) 6.9 12.4 18.3 37.5 39.6 44.1 47.6 Training as percentage of compensation 0.3% 0.5% 0.
Projects in preparation, registered in terms of Treasury Regulation 16 1 - 105.0 109.0 114.2 119.
PPP unitary charge - 105.0 109.0 114.2 119.
Total - 105.0 109.0 114.2 119.3 1.
Table 21.E Summary of donor funding (continued)Table 21.
Table 21.F Summary of expenditure on infrastructureTable 21.
Soweto magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 330.0 - - 7.3 - 49.3 51.5 110.
Justice college Training centre New comprehensive judicial training centre Feasibility 221.5 - - - - 9.9 54.3 83.
Nelspruit high court High court New high court in Mpumalanga Feasibility 210.0 - - 1.0 - 33.6 44.5 40.
Polokwane high court High court New high court in Limpopo Design 210.0 - - 1.0 - 42.6 35.1 40.
Ntuzuma magistrate'soffice Magistrate'soffice New magistrate's office Design 190.4 - 6.6 1.0 - 33.3 46.0 15.
Port Shepstonemagistrate's office Magistrate'soffice New magistrate's office Design 93.9 - - 0.5 - 9.2 26.4 18.
Johannesburg highcourt High court Additional accommodation: 5 floors to the existing High Court accommodation Tender 200.2 - 8.0 2.6 18.5 17.8 27.3 66.
Accessibilityprogramme: Phase 2 Various courts Extension of the accessibilityprogramme to cover otherdisability disciplines Feasibility 70.0 - - - 54.9 7.2 11.
PietermaritzburgColonial High court - 0.4 9.2 13.
Upgrading of variouscourts Various courts - - 60.5 108.
Katlehong magistrate'scourt Magistrate'soffice - 0.4 4.8 5.
Mamelodi magistrate'soffice Magistrate'soffice - - 11.6 1.
Pietermaritzburgmagistrate's office Magistrate'soffice - 1.7 5.7 16.
Bloemfontein AppealCourt Magistrate'soffice - 7.6 3.6 21.7 21.
Galeshewe branchcourt Magistrate'soffice - - - 12.
Orlando magistrate'soffice (New Canada) Magistrate'soffice New magistrate's office Design 105.0 - - - - 13.5 39.6 31.
Kathlehongmagistrate's office Magistrate'soffice New magistrate's office Design 97.9 - - - 7.3 18.4 31.4 26.
Mamelodi magistrate'soffice Magistrates'Office New magistrate's office Design 89.8 - 11.6 1.0 9.3 18.7 29.6 23.
Orange Farmmagistrate's office Magistrate'soffice New magistrate's office Feasibility 63.0 - - - - 14.1 19.
Booysens magistrate'soffice Magistrate'soffice New magistrate's office Design 56.0 - - - - 14.4 14.
Galeshewemagistrate's office Magistrate'soffice New magistrate's office Construction 54.6 - - - 29.6 12.8 11.
Goodwood magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 53.6 - - - - 20.6 3.
Hermanus magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 40.6 - - 0.5 - 13.1 10.
Diepsloot magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 39.6 - - - - 15.2 2.
Richard's Baymagistrate's office Magistrate'soffice New magistrate's office Feasibility 39.5 - - - - 15.2 2.
Lethlabile magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 37.0 - - - - 10.1 12.
Simunye magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 35.0 - 4.3 0.2 - 9.1 12.
Springbok magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 35.0 - - 0.2 - 9.8 8.
Witbank magistrate'soffice Magistrate'soffice New magistrate's office Feasibility 33.7 - - - - 10.9 8.
Kagiso magistrate'soffice Magistrate'soffice New magistrate's office Construction 33.4 - - 19.3 11.0 9.9 2.
Colesberg magistrate'soffice Magistrate'soffice New magistrate's office Construction 31.3 - - 11.6 10.7 5.0 1.
Plettenberg Baymagistrate's office Magistrate'soffice New magistrate's office Feasibility 31.2 - - - - 9.1 7.
Jan Kempdorpmagistrate's office Magistrate'soffice New magistrate's office Feasibility 23.4 - - - 2.5 10.9 0.
Hankey magistrate'soffice Magistrate'soffice New magistrate's office Design 15.8 - 3.6 0.5 2.5 6.5 1.
Tsakane magistrate'soffice Magistrate'soffice New magistrate's office Construction 13.1 - - - 2.3 0.
Table 21.F Summary of expenditure on infrastructure (continued)Table 21.
Ekangala magistrate'soffice Magistrate's office New magistrate's office Construction 13.0 - - 10.0 9.1 4.2 0.
Garies magistrate'soffice Magistrate's office New magistrate's office Design 8.5 - - 0.3 1.3 - 5.5 0.
Ashton periodical court Periodical court New periodical court Design 6.5 - - 3.3 1.0 2.7 0.
Lothair periodical court Periodical court New periodical court Design 6.0 - - 0.8 1.5 0.9 2.
Lutzville periodicalcourt Periodical court New periodical court Design 5.9 - - - 1.1 2.3 0.
Davel periodical court Periodical court New periodical court Feasibility 5.8 - - 0.8 - 2.
Bityi periodical court Periodical court New periodical court Design 5.7 - - 1.0 0.8 2.
Chrissiesmeermagistrate's office Magistrate's office New magistrate's office Feasibility 5.7 - - - - 2.
Grootvlei periodicalcourt Periodical court New periodical court Feasibility 4.8 - - - - 1.9 0.
Keimos magistrate'soffice Magistrate's office New magistrate's office Feasibility 4.6 - - 0.3 - 1.8 0.
Dimbaza periodicalcourt Periodical court New periodical court Design 4.3 - - 1.0 2.8 0.3 2.3 0.
Tsineng magistrate'soffice Magistrate's office New magistrate's office Feasibility 4.2 - - - - 0.
Gilead periodcial court Periodical court New periodical court Feasibility 4.1 - - - - 1.
Ngome magistrate'soffice Magistrate's office New magistrate's office Feasibility 2.8 - - 0.3 - - 1.8 0.
Bloemfontein SupremeCourt of Appeal Supreme Court ofAppeal Additional accommodation Construction 101.4 - - - 12.5 8.8 2.8 25.
PietermaritzburgMaster's Office: Colonial Building Master's office Additional accommodation Construction 77.7 - - - 63.3 7.8 6.
Mitchells Plainmagistrate's office Magistrate's office Additional accommodation Construction 33.0 - 4.5 20.1 2.9 1.
Butterworthmagistrate's office Magistrate's office Additional accommodation Tender 33.0 - - - 5.7 6.0 2.
Stanger magistrate'soffice Magistrate's office Additional accommodation Construction 26.5 - - - 18.
Soshanguvemagistrate's office Magistrate's office Additional accommodation Design 22.7 - - 1.0 1.1 3.0 2.4 3.
Port Elizabeth highcourt Magistrate's office Additional accommodation Design 21.3 24.1 4.0 - - 1.8 4.
Thembalethu magistrate'soffice Magistrate's office Additional accommodation Design 18.7 - - - 3.3 4.0 0.
Humansdorp magistrate'soffice Magistrate's office Additional accommodation Feasibility 14.5 - - 1.3 - 0.8 3.0 10.
Bredasdorp magistrate'soffice Magistrate's office Additional accommodation Construction 14.0 - - - 13.5 0.
Umzimkhulu magistrate'soffice Magistrate's office Additional accommodation Feasibility 12.9 - - - - 2.2 1.3 9.
Calvinia magistrate's office Magistrate's office Additional accommodation Feasibility 12.7 - - - - 2.5 1.3 8.
KwaMbonambi periodicalcourt Periodical court Additional accommodation Design 11.8 - - - 0.0 2.8 0.7 8.
Tsolo magistrate's office Magistrate's office Additional accommodation Feasibility 10.4 - - - - 2.9 0.3 7.
Sundumbili magistrate'soffice Magistrate's office Additional accommodation Design 9.5 - - 1.2 6.9 1.3 1.
Nqamakwe magistrate'soffice Magistrate's office Additional accommodation Feasibility 8.9 - - - 0.2 2.4 0.2 6.
Umtata magistrate's Office Magistrate's office Additional accommodation Design 8.5 - - - 0.3 1.6 0.7 6.
Cala magistrate's office Magistrate's office Additional accommodation Design 8.1 - - - 5.9 2.
Tarkastad magistrate'soffice Magistrate's office Additional accommodation Tender 7.6 - - - 6.1 1.4 0.
Schweizer Reinekemagistrate's office Magistrate's office Additional accommodation Construction 7.3 - - - 7.1 0.
Ngqeleni magistrate's office Magistrate's office Additional accommodation Feasibility 7.2 - - - 5.2 2.
Danielskuil periodical court Periodical court Additional accommodation Tender 5.8 - - - 5.6 0.
Nyoni periodical court Periodical court Additional accommodation Design 5.5 - - - 4.1 1.2 0.
Willowmore magistrate'soffice Magistrate's office Additional accommodation Feasibility 5.5 - - - 4.0 1.
Wolmaranstad magistrate'soffice Magistrate's office Additional accommodation Design 5.4 - - - 4.0 1.
Bisho High Court Magistrate's office Additional accommodation Design 5.3 - - - - 0.0 1.3 4.
Mount Ayliff magistrate'soffice Magistrate's office Additional accommodation Design 5.1 - - - 3.7 1.
Idutywa magistrate's office Magistrate's office Additional accommodation Feasibility 5.1 - - - 3.7 1.
Barkley East magistrate'soffice Magistrate's office Additional accommodation Feasibility 4.9 - - - - 0.8 0.
Whittlesea magistrate's office Magistrate's office Additional accommodation Feasibility 4.7 - - - - 0.3 1.
Grahamstown magistrate's office Magistrate's office Additional accommodation Feasibility 4.5 - - - 3.2 1.
Christiana magistrate's office Magistrate's office Additional accommodation Design 4.1 - - - 3.0 1.
Fraserburg Magistrate Office Magistrate's office Additional accommodation Feasibility 3.2 - - - 2.4 0.
Dundee magistrate's office Magistrate's office Additional accommodation Feasibility 3.1 - - - - 0.9 0.
Deben periodical court Periodical court Additional accommodation Construction 3.1 - - - 3.
Umbumbulu magistrate's office Magistrate's office Additional accommodation Design 2.6 - - - 2.1 0.
Highflats periodical court Periodical court Additional accommodation Feasibility 1.4 - - - - 0.4 0.
Swellendam magistrate's office Magistrate's office Additional accommodation Feasibility 8.0 - - - - 2.0 0.
Riversdale magistrate's office Magistrate's office Additional Accommodation Feasibility 7.5 - - - - 2.0 0.
Galvandale magistrate's office Magistrate's office Additional accommodation Feasibility 12.0 - - - - 2.5 1.
Transfers to National Prosecuting Authority Transfer Transfers to National Prosecuting Authority 76.0 - - - 25.0 30.0 21.
Various courts Magistrate's office Upgrading of various smallercourts Feasibility 201.6 - - - 126.6 23.6 45.1 132.
Clanwilliam magistrate's court:additional accommodation Magistrate's office - - 5.6 7.
Motherwell magistrate's office Magistrate's office - 4.6 7.3 3.
Vulindlela branch court Periodical court - - - 0.
Vosman branch court Periodical court - - - 0.
Soweto(Johannesburg)Additional accommodation Magistrate's office - - 7.3 6.
Madadeni magistrate's office Magistrate's office - 18.4 9.2 3.
Cape Town additionalaccomodation Magistrate's office - 0.2 1.4 9.
Richmond NC magistrate's office Magistrate's office - - - 2.
Repairs and maintenance: Various courts Various courts - 248.9 155.1 65.2 38.
Total 3 378.7 306.3 323.7 361.1 568.8 593.2 631.5 679.