Justice and Constitutional Development Portfolio Committee

1
Justice and Constitutional Development Portfolio
Committee

• Presentation by Mr. S Jiyane,
• DDG Court Services
• 22 March 2006

2
STRUCTURE OF PRESENTATION

• The role of Court Services
• Who are we?
• What do we do
• Functional Components and Resources 2005
• What we did with the Resources allocated
• Challenges met and how we seek to deal with them
• Priorities
• Planning for 2006 and budget
• Conclusion

3
THE BRANCHCOURT SERVICES
4
STRATEGIC FOCUS

• Linking budget to strategy
• 1. Ensuring access to justice for all
• 2. Enhancing Organizational Efficiency and
• 3. Transforming Justice
• Court Services is dealing with the above through
  the following Programmes
• Programme planning and judicial support
• Court Performance
• Vulnerable Groups
• Facility/Infrastructure Management
• Family Advocacy

5
PROGRAM 1Programme and judicial support
6
ISS Report on the IJS - August 2005

• Paying for crime South Africas spending on
  criminal justice
• What do we spend on criminal justice and how has
  this changed?
• How do we compare?
• What are the key stresses and what can be done?

7
Growth rates in the criminal justice system over
time

• Although average growth in the CJS budget has
  generally exceeded that of the national budget,
  it has not done so every year. There are also
  important variations between the three
  departments.
• Between 1995/6 and 2007/8, all 3 CJS depts will
  have seen their budgets grow faster than the
  national budget and faster than provincial
  allocations.
• Between 1995/6 and 2001/2 all CJS departments
  budgets grew faster than the national budget.
  Justice (because of the creation of the DSO) and
  DCS did particularly well.
• Between 2001/2 and 2004/5, all three departments
  grew more slowly than the national budget as a
  whole and a good deal more slowly than
  allocations to provinces.
• Over the course of the MTEF, SAPS and Justice
  will grow a little faster than the national
  budget and at about the same pace as provincial
  allocations. DCS, however, will grow more slowly
  than both.
• CJS budgets have always grown faster than
  inflation, inflation plus population growth, and
  inflation plus population growth plus economic
  growth

8
Conclusion to part one What does it all mean?

• Three basic conclusions
• Despite the politics of crime, criminal justice
  spending as a whole has never grown significantly
  faster than the national budget.
• In early days of democracy CJS spending grew
  faster than national spending which grew faster
  than social services spending.
• More recently, this has been decisively
  reversed.

This is NOT a scientific test of whether spending
on social services does better than spending on
CJS in reducing crime because (a) CJS spending
was still rising, (b) there were more cops and
(c) tactics were changing It is, however,
intriguing and suggests that prioritising social
spending, whatever its other purposes, may also
have an impact on crime levels. This does not,
however, mean that social services spending is a
more cost-effective approach to reducing crime.
9
Part two How much should SA spend on criminal
justice?
Benchmarking South Africas spending on criminal
justice reveals that we spend rather more than
the international average both per capita and as
a proportion of GDP

• Spending as a proportion of GDP
• A comparison of spending data for 1997/8 and
  2004/5 reveals that while the international
  average for criminal justice spending as a
  proportion of GDP was about 1, in South Africa,
  spending has risen from about 2.7 in 1997/8 to
  3.1 in 2004/5.

Per capita spending A comparison of spending data
for 1997/8 and 2004/5 reveals that on a per
capita basis, SA spends significantly more on
criminal justice than does the rest of the world.
In 2004, for instance, SA spent about 130 per
person on criminal justice while the rest of the
world spent only 66. In 1997 the differential
was 91 to 63.
10
Systemic issues
Although looking at the three depts individually
is important, the CJS must also be looked at as a
system

• Growth in capacity has been uneven
• Police personnel numbers have risen by 31. The
  numbers in the NPA and courts, however, have
  grown by only 18 and 9 respectively. DCSs
  accommodation has grown by 15, but its staff
  numbers by only 8.
• This pattern will be repeated over the next few
  years.
• Since the courts are slaves of the police and the
  prisons are slaves of the courts and police,
  uneven growth has the potential to create serious
  bottlenecks because more police should mean more
  arrests.

• The courts are already struggling to clear their
  rolls
• Since 2000, the number of cases going to court
  has risen by 84. The number of prosecutions has
  only grown by 31.
• Withdrawals have increased by 42, but that still
  leaves a growing number of cases stuck on the
  rolls. This amounted to more than 350,000 cases
  in 2003 alone.

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ISS Conclusion

1. Spending levels have grown considerably
2. Spending, by international norms, is high
3. Capacity (measured by personnel per capita) is
   not excessive, but nor is it excessively low,
   BUT
4. Measured in relation to murder rates, capacity is
   very limited
5. BUT much more is probably unaffordable and, in
   any event, a reasonable case can be made that
   spending should prioritise social services
   (especially if that also helps reduce crime,
   though this may not be its principal purpose).
6. STILL Rapid capacity growth in the police is not
   being matched by similar growth in Justice and
   DCS. This should be addressed.
7. BUT to address growth needs in Justice and DCS
   at the expense of the police would be to punish
   a department whose performance has improved. This
   would be perverse.
8. In the end, therefore, it is hard to conceive an
   approach to the CJS very different from the
   present one.

12
BUDGETARY ASPECTS

• Budget 2005/06
• Additional allocations
• Resource Utilization
• Budget 2006/07
• Additional allocations
• Priorities

13
HIGHLIGHTS IN TERMS OF THE 3 STRATEGIC
OBJECTIVES OF THE DOJCD

• The following slides will focus broadly on
• Service delivery improvement
• Access to justice for all
• Organizational Efficiency
• Transformation

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(No Transcript)
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Access to Justice for all

• Specific activities in 2005 and 2006
• Rationalization of courts see input later
• Facilities see input later
• Maintenance see Operation Isondlo later
• Court Performance see case flow initiatives
  later
• Family advocacy see input later

16
Transformation

• Broad Transformation Initiatives
• Human Resource Development Strategy
• Pool from which women and black practitioners can
  be prepared for appointment to the bench
• Professionalizing court support services through
  learner ships and skills programmes including
  improving interpreter services
• Capacitating Family courts and Family advocacy
• Restructuring of the Justice College
• Development of a language policy for courts to
  promote the use of African languages in court
  proceedings
• Alternative Dispute Resolution (ADR) mechanisms
  to ensure public participation in dispute
  resolution processes

17
Modernisation

• Modernisation Programme
• IT A major exercise providing judges,
  magistrates, prosecutors and administrative
  personnel with such equipment has been completed.
  Out of 342 courts which have no IT connection 160
  thereof would be connected by end of April 2006
  and the reminder would be connected by end of
  June 2006.
• For the courts impact are around
• E-Scheduler (44 ICFM Centres and roll out to 40
  more)
• Video postponements (piloting KZN)
• JDAS/ Maintenance
• Court Nerve Centre

18
Court Management

• RAB
• Court managers
• Structure of Chief Justice..

19
RE-DEMARCATION OF MAGISTERIAL DISTRICTS

• IMPACT OF THE CONSTITUTION TWELFTH AMENDMENT ACT,
  2005
• THE AIM OF THE ACT IS RE-DETERMINING THE
  GEOGRAPHICAL AREAS OF THE NINE PROVINCES OF THE
  REPUBLIC OF SOUTH AFRICA. AS A CONSEQUENCE WE
  NEED TO PROVIDE FOR MEASURES TO REGULATE, WITHIN
  A REASONABLE TIME, THE LEGAL, PRACTICAL AND ANY
  OTHER CONSEQUENCES OF THE RE-DETERMINATION.
• ALL PROVINCIAL RE-DEMARCATION REPORTS AND GIS
  MAPS TO BE ALIGNED IN ACCORDANCE WITH THE
  CONSTITUTION TWELFTH AMENDMENT ACT, 2005 AND THE
  CROSS-BOUNDARY MUNICIPALITIES LAWS REPEAL AND
  RELATED MATTERS ACT, 2005 (ACT NO. 23 OF 2005) IN
  ALL AFFECTED AREAS AND PROVINCES, SUCH AS,
  UMZIMKULU, MATATIELE (EASTERN CAPE AND
  KWAZULU-NATAL), PAMPIERSTAD (NORTH WEST AND
  NORTHERN CAPE), EKANGALA (MPUMALANGA AND
  GAUTENG), GROBLERSDAL (MPUMALANGA AND LIMPOPO),
  MAPULANENG AND MHALA (LIMPOPO AND MPUMALANGA),
  OBERHOLZER, KHUTSONG (GAUTENG AND NORTH
  WEST),GA-RANKUWA AND TEMBA (NORTH WEST AND
  GAUTENG), LYDENBURG (MPUMALANGA AND LIMPOPO)

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• 2. BUSINESS PLAN/PROJECT PLAN
• MEETING WITH INTERNAL ROLE-PLAYERS
• A MEETING TO BE HELD BEFORE THE END OF FEBRUARY
  2006 BETWEEN INTERNAL ROLE-PLAYERS OF THE DEPT
  AND CERTAIN OUTSIDE AGENCIES, SUCH AS THE
  DEMARCATION BOARD TO DISCUSS THE WAY FORWARD.
• NATIONAL WORKSHOP/PROVINCIAL MEETINGS
• THEREAFTER A NATIONAL WORKSHOP WITH ALL RELEVANT
  STAKEHOLDERS TO DISCUSS VARIOUS ISSUES, SUCH AS
  THE AMENDMENTS TO THE RE-DEMARCATION REPORTS, THE
  IMPACT ON HUMAN RESOURCES AT OUR COURTS, A
  DECISION ON HOW THE RE-DEMARCATION PROCESS WILL
  BE IMPLEMENTED, I.E PER PROVINCE OR ALL NINE
  PROVINCES AT ONCE, ACCOMMODATION ASPECTS, THE
  FINANCIAL IMPACT OF THE PROCESS ON OUR COURTS,
  THE ROLE OF SHERIFFS, ETC.
• IF NECESSARY, PROVINCIAL MEETINGS WILL FOLLOW
  THIS WORKSHOP
• FINALIZATION OF GIS MAPS
• THE DEMARCATION BOARD UTILIZED GIS MAPS TO DRAW
  THE MAGISTERIAL BOUNDARIES. THESE MAPS WITH THE
  NEW MAGISTERIAL BOUNDARIES WITH ALL THE
  AMENDMENTS NEEDS TO BE ABSORBED BY THE OFFICES OF
  THE SURVEYOR-GENERAL INTO EXISTING MAPS,
  CERTIFIED AND APPROVED. AFTER RECEIVING THE NEW
  MAPS FROM THE SURVEYOR-GENERAL, THE DOJCD WILL BE
  IN A POSTION TO MOVE TOWARDS FINALIZATION OF THE
  RE-DEMARCATION PROCESS.

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• COMPILATION OF MINISTERS MEMORANDUM, GOVERNMENT
  NOTICE AND SCHEDULES
• AS SOON AS ALL THE GIS MAPS OF EACH PROVINCE HAVE
  BEEN FINALIZED, CHECKED AND CERTIFIED BY THE
  OFFICES OF THE SURVEYOR-GENERAL, WE WILL APPROACH
  THE MINISTER TO WITHDRAW ALL PREVIOUS NOTICES
  AND TO ESTABLISH NEW MAGISTERIAL DISTRICTS AND
  COURTS IN TERMS OF SECTION 2(1) OF THE
  MAGISTRATES COURTS ACT, 1944 (ACT NO 32 OF
  1944). THE GOVERNMENT NOTICE AND SCHEDULES WILL
  BE FORWARDED TO THE STATE LAW ADVISERS FOR LEGAL
  SCRUTINY.
• PUBLICATION OF GOVERNMENT NOTICE AND SCHEDULES
• WHEN THE MINISTER HAS APPROVED THE
  ABOVE-MENTIONED GOVERNMENT NOTICE AND SCHEDULES,
  THE GOVERNMENT PRINTERS WILL BE REQUESTED TO
  PUBLISH THE NOTICE AND SCHEDULES. COPIES THEREOF
  WILL BE FORWARDED TO ALL RELEVANT ROLE-PLAYERS.
• TIMEFRAME, BUDGET AND LINK WITH RE-AGA BOSWA
• SECTION 103(3)(a) OF THE CONSTITUTION TWELFTH
  AMENDMENT ACT, 2005 REFERS TO WITHIN REASONABLE
  TIME. TWELVE (12) MONTHS SEEMS TO BE THE
  STANDARD FOR A REASONABLE TIME IN INSTANCES SUCH
  AS THESE.
• THE BUDGET ALLOCATED FOR RE-DEMARCATION FOR THE
  2006/2007 FINANCIAL YEAR IS
• R 2 MILLION.
• INTERACTION WITH RELEVANT PARTIES WORKING ON
  RE-AGA BOSWA WILL ENSURE THAT THE HUMAN RESOURCES
  ARE ADEQUATE TO ADDRESS THE IMPLEMENTATION OF THE
  PROCESS.

22
Language Policy
Presentation on Promotion of Multilingualism in
Court Process

• Establishment of Joint Task Teams
• Draft policy document to be completed before the
  end of the financial year 2006/07
• Organize consultative forums with all
  stakeholders for further inputs.

23

• Principles
• Promoting and protecting linguistic diversity
• Supporting democracy through the entrenchment of
  language equity and language rights.
• Viewing multilingualism as a resource
• Redressing the marginalisation of indigenous
  languages.
• Encouraging the learning of other South African
  languages

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• Contents of the Policy
• Language of Record and Proceedings
• Interpretation and Translations( including sign
  language)
• Access to records for persons with disabilities
• Special redress for the marginalised languages,
  that is, the African languages including the
  Khoe and San Languages.

25
Lay Assessors

• Purpose of the project
• Establishment of Lay Assessors Committees
• Determination of the number cases
• Obtaining the number of assessors per site
• Identify budget needs
• Identify further rollout sites
• Fast-track the implementation of regulations

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• Pilot Sites
• Cape Town - R1,170 000.00
• Emlazi R448 615.00
• Polokwane R746 000.00
• Port Elizabeth R1,100 000.00
• Pretoria R3, 186 468.00
• Protea North R1,170 000.00
• Upington R255 820.00
• Way Forward
• Increase the number of pilot sites in the next
  financial year
• Further rollout will be the following offices
  Germiston, Kempton Park, East London, Mitchells
  Plain, Nelspruit, Middelburg, Tzaneen and
  Bloemfontein.

27
Budget for Further Rollout

• R10m set aside for the pilot project
• Each court room will be serviced by two assessors
• One lay assessor will be paid to a maximum of R36
  000 PA
• In addition to allowances for lay assessors,
  infrastructure costs is expected
• Projected amounts in the first and second year do
  not take into account possible increases in fees.
  
• A further R15 000 000.00 will be required for
  next financial year.

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PROGRAM 2COURT PERFORMANCE
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COURT PERFORMANCE MANAGMENT

• Development of Court Nerve Centre Measuring tool
• Statistics on Court Performance
• Refer to the main document

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REVIEW OF CRIMINAL JUSTICE SYSTEM

• This is a JCPS initiative led by DoJCS and based
  on approved Terms of Reference
• Review Team for political guidance, will be
  constituted by the Minister, DoJCD before the end
  of March 2006
• Research Team to be constituted by the DG, DoJCD
  to conduct the actual research -nominations
  already requested from the JCPS cluster partners
• Draft CJS Review Initiation Plan also submitted
  to the partners for input.

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• CJS REVIEW PLAN
• Broad Project Initiation Activities for January
  to April 2006. Abudget of R5m for has been
  allocated to the CJS Review for 2006/7.
• 1. Develop/draft CJS Review project initiation
  plan and solicit JCPS partner inputs/comments
• 2. Establish Project Secretariat -Identify/assign
  Project Manager-Identify support staff for the
  Secretariat
• 3. Set up project office-Identify and secure
  project space -Source infrastructure needs
• 4. Engage JCPS cluster partners to constitute
  the Review Research Teams commit resources
• 5. Coordinate the initiation of updating of
  previous CS review - Identify resources to engage
  to update the Mulweli Report- Updating of the
  Mulweli
• 6. Facilitate the conducting of the CJS Review
  project scoping (to develop an integrated CJS
  Review Plan including budget and
  capacity/resources)
• 7. Conducting of the review
• 8. Regular reporting

33
CASE FLOW MANAGEMENT

• CFM is overseen by an National Integrated CFM
  National Committee all partners represented
• Established CFM governance structures -
  Provincial Local Integrated Case Flow
  Management Forums in some courts chaired by the
  Judiciary (magistrates/judges)

34
CFM CENTRES

• Already established at 44 courts where the
  eScheduler is deployed as an enabling tool
• CFM Planning Tool/Template developed and being
  tested in Pinetown, KZN Regional Court Division,
  Western Cape High Court.
• CFM Guidelines developed by DoJCD, NPA and lower
  Court Judiciary, being implemented
• CFM Training of Judicial Cluster/SubCluster Heads
  initiated Oct 05 and continues to apply
  guidelines and CFM planning tool

35
AUDIO VISUAL CASE REMAND SYSTEM

• Exploiting technology to remove security risks
  and logistical nightmare associated with daily
  transportation of ATDs between court and prison,
  and free time resources in the system for trial
  ready cases.
• Currently being piloted in Durban, Pinetown
  Westville prison in KZN since Oct 05
• Targeting only remand cases where no juveniles
  are involved
• Continuously optimizing procedures to operate the
  system between court prison

36
AUDIO VISUAL CASE REMAND SYSTEM cont.

• Number of cases processed through the system
  since implementation/piloting of the system in
  Oct 05
• October 05 87 cases
• November 05 437
• December 05 404
• January 06 363
• Draft legislation to be with Minister 1st quarter
  of 2006
• Outcome of the pilot - impact assessment will be
  conducted after 6 months May 06
• Excellent court stakeholder cooperation must be
  applauded in KZN for the testing of this system

37
CASE e-SHEDULER

• Deployed at 44 district criminal courts and being
  stabilized
• System currently operating on distributed
  database platform (each court with own server and
  database)
• System adapted to the web based version
  (centralized) to enable all to access the system
  database centrally for better performance
• Testing the web base version, by end March 06 all
  44 sites will be converted from distributed
  version
• April 06 next 40 sites to be deployed with the
  web based central access version

38
Court Performance cont.

• Development of the new Quality Management
  Framework
• The new function on QM for courts is being
  redefined to be relevant to courts and enhance
  overall performance. The setting of service
  standards inline with Batho Pele principles will
  underpin the new QM role. Relevant
  bodies/institutes like SABS and TQM Institutes
  will be interfaced with in this exercise. This
  will be a paradigm shift from the current
  policing approach to quality assurance/inspecting
  of offices.
• Backlog of cases / Monitoring Court Performance
• It is clear that court performance is not only
  dependant on additional resources, but on
  management at court level (and here the judiciary
  have a crucial role)
• RAB as support mechanism
• ICFM Centres
• Dedicated Courts (Commercial crime hijack
  drugs environmental community courts)
• Additional capacity/courts
• Review of CJS
• Court Nerve Centre

39
Court Nerve Centre

• The Court Nerve Centre was established to provide
  a framework for measuring court performance that
  will reflect the court system as a system of
  closely interlinked processes and tasks in the
  integrated justice system.
• For this purpose all court managers are required
  to submit monthly returns to the respective area
  court managers. In this process District Court
  Managers, appointed at main seats of court, are
  responsible for the collection of information
  from the main seat and the courts linked to the
  main seat (i.e. branch and periodical courts

40
Returns to be submitted

• The returns to be collected are collected at
  three levels
• the Monthly Court Return contains detailed
  information on court occupancy which is
  captured at a court room level
• the Monthly Return contains workload
  information on other activities and functions
  performed in a magistrates office (civil matters,
  criminal matters and family law related matters)
  and other court activities (such as estates, lay
  assessors, appeals and divorces) which is
  captured at a court house level and
• the Monthly Establishment Returns contains
  information on the establishment (human resource
  capacity) which is captured at a court
  responsibility level (a responsibility centre
  being a main court, that manages branch and
  periodical courts)
• These levels are shown in the next slide

41
Levels for Data Collection
42
INFORMATION FLOW
43
Court Performance

• The next slides provides information of the court
  performance

44
DEDICATED COURTS

• Commercial, Community and other dedicated courts
  will be continued with as part of the strategy to
  ensure that courts focus on productivity as a
  measurement of success. Our strategy is to deal
  with these courts as part of our court structure
  and to ensure that the other courts also receive
  additional attention and resources so that all
  courts can deliver improved services.
• The current model of community courts is to be
  integrated into the original concept intended to
  focus on enhancing community justice through
  strengthening traditional courts in rural areas
  and relevant structures in the townships.

45
Commercial Crime CourtsApril 2005 to December
2005

Court Name New Cases Cases Removed Cases Removed Cases Removed Cases Removed Cases Removed Cases Finalised Cases Finalised Outstanding Roll
Court Name New Cases Withdra- wals Diver- sions Warrant issued Cases Transfer- red Other Guilty Not Guilty 31 December 2005
DURBAN 381 48 0 30 31 4 239 4 198
JOHANNESBURG 276 63 0 31 1 3 115 8 291
PORT ELIZABETH 123 23 0 7 17 2 94 15 91
PRETORIA 237 75 0 25 0 0 248 13 229
TOTAL 1017 209 0 93 49 9 696 40 809
46
Commercial Crime Courts

• There are 4 Commercial Crime Courts in the RSA at
  present
• Durban (established during 2005)
• New cases 381 Removed from roll (withdrawal,
  warrants issued, etc.) 113 Finalised guilty
  verdict 239 Finalised Not Guilty 4
  Outstanding Roll as on 31 December 2005 198
• Johannesburg
• New cases 276 Removed from roll (withdrawal,
  warrants issued, etc.) 98 Finalised guilty
  verdict 115 Finalised Not Guilty 8
  Outstanding Roll as on 31 December 2005 291
• Port Elizabeth (established during 2005)
• New cases 123 Removed from roll (withdrawal,
  warrants issued, etc.) 49 Finalised guilty
  verdict 94 Finalised Not Guilty 15
  Outstanding Roll as on 31 December 2005 91
• Pretoria
• New cases 237 Removed from roll (withdrawal,
  warrants issued, etc.) 100 Finalised guilty
  verdict 248 Finalised Not Guilty 13
  Outstanding Roll as on 31 December 2005 229

47
Community Courts

• There are 15 Community Courts in the RSA at
  present
• Bloemfontein
• New cases 1 273 Removed from roll (withdrawal,
  warrants issued, etc.) 332 Finalised guilty
  verdict 940 Finalised Not Guilty 1
  Outstanding Roll as on 31 December 2005 0
• Cape Town
• New cases 6 131 Removed from roll (withdrawal,
  warrants issued, etc.) 3 089 Finalised guilty
  verdict 3 146 Finalised Not Guilty 40
  Outstanding Roll as on 31 December 2005 0
• Durban
• New cases 3 510 Removed from roll (withdrawal,
  warrants issued, etc.) 980 Finalised guilty
  verdict 2 551 Finalised Not Guilty 10
  Outstanding Roll as on 31 December 2005 161
• Hatfield (two courts)
• New cases 3 744 Removed from roll (withdrawal,
  warrants issued, etc.) 2 388 Finalised guilty
  verdict 1 460 Finalised Not Guilty 76
  Outstanding Roll as on 31 December 2005 412

48
Community Courts (cont.)

• Mitchells Plain
• New cases 4 271 Removed from roll (withdrawal,
  warrants issued, etc.) 5 377 Finalised guilty
  verdict 501 Finalised Not Guilty 77
  Outstanding Roll as on 31 December 2005 216
• Phuthaditjaba
• New cases 471 Removed from roll (withdrawal,
  warrants issued, etc.) 295 Finalised guilty
  verdict 64 Finalised Not Guilty 4
  Outstanding Roll as on 31 December 2005 0
• Protea - Lenasia
• New cases 213 Removed from roll (withdrawal,
  warrants issued, etc.) 77 Finalised guilty
  verdict 73 Finalised Not Guilty 7
  Outstanding Roll as on 31 December 2005 0
• Thohoyandou
• New cases 2 979 Removed from roll (withdrawal,
  warrants issued, etc.) 2 373 Finalised guilty
  verdict 419 Finalised Not Guilty 3
  Outstanding Roll as on 31 December 2005 383

49
Community Courts (cont.)

• Johannesburg Hillbrow
• New cases 1 498 Removed from roll (withdrawal,
  warrants issued, etc.) 17 Finalised guilty
  verdict 1 486 Finalised Not Guilty 2
  Outstanding Roll as on 31 December 2005 0
• Kimberley
• New cases 446 Removed from roll (withdrawal,
  warrants issued, etc.) 375 Finalised guilty
  verdict 98 Finalised Not Guilty 25
  Outstanding Roll as on 31 December 2005 147
• Kwa-Mashu
• New cases 3 457 Removed from roll (withdrawal,
  warrants issued, etc.) 1 373 Finalised guilty
  verdict 1 819 Finalised Not Guilty 9
  Outstanding Roll as on 31 December 2005 298
• Mankeng
• New cases 255 Removed from roll (withdrawal,
  warrants issued, etc.) 50 Finalised guilty
  verdict 171 Finalised Not Guilty 34
  Outstanding Roll as on 31 December 2005 0

50
Community Courts (cont.)

• Umtata
• New cases 2 996 Removed from roll (withdrawal,
  warrants issued, etc.) 2 817 Finalised guilty
  verdict 160 Finalised Not Guilty 4
  Outstanding Roll as on 31 December 2005 59
• Wynberg - Fezeka
• New cases 1 869 Removed from roll (withdrawal,
  warrants issued, etc.) 1 013 Finalised guilty
  verdict 869 Finalised Not Guilty 126
  Outstanding Roll as on 31 December 2005 321

51
Additional Courts

• A framework for the establishment of these courts
  is receiving attention by the Department together
  with the NPA and the Magistracy. This is to
  ensure that the Department is now able to account
  for the investment of these resources and monitor
  the returns though proper mechanism to monitor
  the performance of these courts.
• In the past the Saturday and additional court
  project was extremely successful. Between 2001
  and 2004 such courts finalised an additional 76
  836 cases

52
Small Claims Courts Statistics for 2005

• There are 154 Small Claims Courts in the RSA at
  present covering 219 magisterial districts (out
  of 366). 35 new such courts are planned for
  2006/07 as well as circuit courts to enhance
  access.
• Eastern Cape
• Inquiries 6507 Litigants referred to legal
  assistance 423 Summonses issued 1549 Trials
  1182
• Free State
• Inquiries 2115 Litigants referred to legal
  assistance 1449 Summonses issued 1214 Trials
  1409
• Gauteng
• Inquiries 31164 Litigants referred to legal
  assistance 2674 Summonses issued 7773 Trials
  7583
• KwaZulu-Natal
• Inquiries 8575 Litigants referred to legal
  assistance 1971 Summonses issued 2111 Trials
  1722

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Small Claims Courts, continued

• Limpopo
• Inquiries 7489 Litigants referred to legal
  assistance 523 Summonses issued 3082 Trials
  2081
• Mpumalanga
• Inquiries 10617 Litigants referred to legal
  assistance 664 Summonses issued 1724 Trials
  1040
• Northern Cape
• Inquiries 620 Litigants referred to legal
  assistance 184 Summonses issued 464 Trials
  512
• North-West
• Inquiries 5160 Litigants referred to legal
  assistance 95 Summonses issued 533 Trials
  546
• Western Cape
• Inquiries 24922 Litigants referred to legal
  assistance 610 Summonses issued 3920 Trials
  3994
• Totals
• Inquiries 97168 Litigants referred to legal
  assistance 8593 Summonses issued 22370
  Trials 20069.

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PROGRAM 3Specialised Programmes for Vulnerable
Groups
55
Vulnerable Groups

• Activities
• Victim Service Charter and victim empowerment
• Specialized court services (Sexual offences/
  equality / SCC)
• Family Courts
• Child Justice / Childrens Courts
• Family advocacy
• Maintenance improvement project JHB and roll out
• Restorative Justice

56
Equality Courts

• 220 equality courts designated countrywide
• More courts still to be designated in the 2006/7
  financial year
• 657 cases reported so far in our equality courts
  (from 2003 up to date).
• Topping the list in terms of the statistics are
  KwaZulu-Natal and Gauteng provinces.
• The provinces reporting the least number of cases
  are Free State, Northern Cape and Limpopo.
• This has been attributed to lack of awareness
  amongst the members of the public.
• The department will vigorously embark on public
  awareness campaigns aimed at raising awareness
• 88 Judges and 815 Magistrates and 334 Clerks
  have been trained by Justice College. Training
  will be done on an on-going basis until we have a
  large number of trained court personnel
• Shortage of court personnel (clerks) is affecting
  the effective and efficient operation of the
  equality courts
• 135 temporary clerks of the equality court were
  appointed during 2005/6 financial year they are
  to be appointed permanently in the 2006/7
  financial year

57
Service Charter for Victims of Crime

• Implementation of the Service Charter for Victims
  at Courts
• Service Charter publications, pamphlets and
  posters, have been printed in all official
  languages and Braille.
• 80 Toll-Free Line Officials were trained in all
  provinces and 36 toll free lines were
  established.
• Training and briefing sessions for Court managers
  and other personnel were held in 9 provinces.
• A needs analysis for courts has been conducted
  for implementation in the new financial year.

58
FAMILY COURTS

• To date some of the key strategic priorities
  espoused in the family court implementation plan
  have been implemented
• Appointed legally qualified personnel to assist
  the court user, more especially in the area of
  Maintenance-68 Maintenance Officers and 425
  Administrative Clerks
• Training clerks of the courts in the family law
  streams have received training, in all nine
  Provinces and this is a continuous endeavour 225
  in 2005
• Facilitating training for all the newly appointed
  legally qualified personnel, focusing not only on
  the Black-letter aspects but also on
  Alternative Dispute Resolution Mechanisms and
  Social Context
• Facilitating the finalisation of the Family Law
  Learnership and the recruitment of interns
• Assist with the finalisation of establishment of
  Divorce courts and the mainstreaming thereof and
• Facilitating the development of a case management
  system for family law services, which would have
  ripple benefits in terms of Monitoring and
  Evaluation, standardising workflows, unblock
  administrative flaws, and turnaround times with
  cases.

59
Child Justice

• The number of Children Awaiting Trial in
  Correctional Centres, has decreased as follows
• From 2200 monthly average in 2003 to 1696 in
  November 2004 to 1668 in December 2004 to 1109
  in November 2005. Statistics are captured in
  table format below.
• The National Instersectoral Child Justice
  Steering Committee is working well and will
  further support the establishment of provincial
  Child Justice Fora and local Case Review Task
  Teams.

60
Children Awaiting Trial
UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005 UNSENTENCED CHILDREN AS FROM DECEMBER 2004 TO DECEMBER 2005
2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005 2005
REGION Dec-04 Jan Feb March Apr May June July Aug Sept Oct Nov Dec-05
Kwazulu Natal 435 488 593 427 427 392 382 394 339 357 324 320 360
Gauteng 284 258 227 204 273 262 260 249 236 230 196 196 219
Western Cape 259 261 310 280 349 268 235 205 185 154 160 177 171
Eastern Cape 387 394 172 332 353 300 258 270 258 245 229 242 250
Free State/ Northern Cape 149 146 137 170 153 166 142 136 139 186 159 149 165
Limpopo/ Mpumalanga/ North West 154 N/A 61 49 75 89 81 76 72 62 59 73 70
61
Baseline information Operation Isondlo

• Gauteng
• Pretoria Enquiries set down 1806 No. of
  non-payments 285 Sect. 31s 285 No. of o/s
  warrants 321 Inactive files 7593 No. of cards
  monies not collected 502 Total no. of files
  19750 No. of officials 32.
• Soshanguve Enquiries set down 279 No. of
  non-payments 86 Sect. 31s 89 No. of o/s
  warrants 85 Inactive files 2113 No. of cards
  monies not collected 1384 Total no. of files
  5823 No. of officials 15.
• 15 Market Street, Jhb Enquiries set down 125
  No. of non-payments 1681 Sect. 31s 107 No.
  of o/s warrants 465 Inactive files 23000 No.
  of cards monies not collected 2080 Total no. of
  files 83642 No. of officials 29.
• Germiston Enquiries set down 2123 No. of
  non-payments 700 Sect. 31s 403 No. of o/s
  warrants 54 Inactive files 56 No. of cards
  monies not collected 35 Total no. of files
  4680 No. of officials 6.

62
Operation Isondlo continued

• Free State
• Bloemfontein Enquiries set down 200 No. of
  non-payments 150 Sect. 31s 50 No. of o/s
  warrants 576 Inactive files 584 No. of cards
  monies not collected 233 Total no. of files
  19834 No. of officials 13.
• Phuthaditjhaba Enquiries set down 187 No. of
  non-payments 35 Sect. 31s 70 No. of o/s
  warrants 180 Inactive files 557 No. of cards
  monies not collected 13 Total no. of files
  2378 No. of officials 5.

63
Operation Isondlo continued

• KwaZulu-Natal
• Durban Enquiries set down 597 No. of
  non-payments 232 Sect. 31s 18 No. of o/s
  warrants183 Inactive files 364 No. of cards
  monies not collected 1020 Total no. of files
  17227 No. of officials 13.
• Ntuzuma Enquiries set down 387 No. of
  non-payments 1665 Sect. 31s 35 No. of o/s
  warrants 256 Inactive files 3900 No. of cards
  monies not collected 3123 Total no. of files
  12000 No. of officials 6.
• Emlazi Enquiries set down 402 No. of
  non-payments 1500 Sect. 31s 10 No. of o/s
  warrants 6 Inactive files 2180 No. of cards
  monies not collected 4125 Total no. of files
  15199 No. of officials 5.

64
Operation Isondlo, continued

• Limpopo
• 1. Thabamoopo Enquiries set down 160 No. of
  non-payments 916 Sect. 31s 916 No. of o/s
  warrants 74 No of Inactive files 4000 No. of
  cards monies not collected 79 Total no. of
  files8355 No. of officials 5.
• Mpumalanga
• 1. Mkobola Enquiries set down 59 No. of
  non-payments 998 Sect. 31s 115 No. of o/s
  warrants 119 Inactive files 771 No. of cards
  monies not collected 29 Total no. of files
  1384 No. of officials 5.
• 2. Nsikazi Enquiries set down 8861 No. of
  non-payments 1172 Sect. 31s 84 No. of o/s
  warrants 135 Inactive files 8319 No. of cards
  monies not collected 4935 Total no. of files
  13254 No. of officials 3.

65
Operation Isondlo continued

• Eastern Cape
• 1. Port Elizabeth Enquiries set down 3127
  No. of non-payments 625 Sect. 31s 171 No. of
  o/s warrants 625 Inactive files 5000 No. of
  cards monies not collected 70 Total no. of
  files 30000 No. of officials 15.
• 2. Mdantsane Enquiries set down 95 No. of
  non-payments 165 Sect. 31s 9 No. of o/s
  warrants 48 Inactive files 337 No. of cards
  monies not collected 228 Total no. of files
  11021 No. of officials 3.
• 3. Grahamstown Enquiries set down 201 No. of
  non-payments 177 Sect. 31s 136 No. of o/s
  warrants 82 Inactive files 312 No. of cards
  monies not collected 3 Total no. of files
  7874 No. of officials 6.
• 4. Queenstown Enquiries set down 161 No. of
  non-payments 40 Sect. 31s 11 No. of o/s
  warrants 19 Inactive files 213 No. of cards
  monies not collected 36 Total no. of files
  1356 No. of officials 2.

66
Operation Isondlo continued

• North-West
• 1. Odi Enquiries set down 2976 No. of
  non-payments 371 Sect. 31s 1747 No. of o/s
  warrants 1292 Inactive files 1400 No. of
  cards monies not collected 276 Total no. of
  files 23781 No. of officials 10.
• 2. Bafokeng Enquiries set down 277 No. of
  non-payments 337 Sect. 31s 337 No. of o/s
  warrants 297 Inactive files 2100 No. of cards
  monies not collected 222 Total no. of files
  6719 No. of officials 9.
• 3. Rustenburg Enquiries set down 190 No. of
  non-payments 155 Sect. 31s 13 No. of o/s
  warrants 47 Inactive files 748 No. of cards
  monies not collected 37 Total no. of files
  7500 No. of officials 4.
• 4. Mankwe Enquiries set down 13 No. of
  non-payments 1200 Sect. 31s 13 No. of o/s
  warrants 25 Inactive files 1660 No. of cards
  monies not collected 15 Total no. of files
  4359 No. of officials 2.

67
Operation Isondlo, continued

• Northern Cape
• 1. Upington Enquiries set down 372 No. of
  non-payments 448 Sect. 31s 448 No. of o/s
  warrants 62 Inactive files 17 No. of cards
  monies not collected 18 Total no. of files
  2370 No. of officials 3.
• 2. Kimberley Enquiries set down 754 No. of
  non-payments 522 Sect. 31s 330 No. of o/s
  warrants 76 Inactive files 300 No. of cards
  monies not collected 2 Total no. of files
  2000 No. of officials 10.

68
Operation Isondlo continued

• Western Cape
• 1. Mitchells Plain Enquiries set down 115 No.
  of non-payments 2061 Sect. 31s 87 No. of o/s
  warrants 294 Inactive files 3000 No. of cards
  monies not collected 24694 Total no. of files
  30000 No. of officials 11.
• 2. Khayelitsha Enquiries set down 2880 No. of
  non-payments 347 Sect. 31s 126 No. of o/s
  warrants 69 Inactive files 3500 No. of cards
  monies not collected 11784 Total no. of files
  16104 No. of officials 6.
• 3. Phillipi Enquiries set down 183 No. of
  non-payments 1100 Sect. 31s 114 No. of o/s
  warrants 146 Inactive files 500 No. of cards
  monies not collected 270 Total no. of files
  50353 No. of officials 8.

69
PROGRAM 4FACILITIES MANAGEMENT
70
BUDGET 2005/2006
Items Amount
Capital Works R258 134 M
RAMP (Additional) R 50 000 M
Day to Day Maintenance R 11 000 M
Infrastructure Upgrading R 36 146 M
GG Vehicles R 27 000 M
Total R382 146 M
71
FOCUS FOR 2005/2006

• Condition Assessment for all courts
• Improving security in the court buildings
• Rehabilitation and Maintenance of existing courts
• Provision of new and Additional Facilities
• Provision of prefab structures as interim
  accommodation (16)

72
RAMP

• 15 new facilities registered on Work Control
  System (WCS) with original Capital Works
  Allocation
• All these 15 sites are in the process of being
  Rehabilitated
• Additional R50mil made available for RAMP
• Additional 40 projects registered with the funds
• Status quo analysis conducted on all 40
  facilities to determine the scope of work for
  Rehabilitation
• This brings to 92 the total of facilities on
  Rehabilitation and Maintenance phase

73
RAMP 2006/2007

• 100 New facilities to be registered on RAMP
• Improvement of sanitation in Courts in Rural Areas

74
CAPITAL WORKS

• 12 Major Capital works completed in 2005/2006
• 2 new buildings for Randburg and Atteridgeville
  Magistrate court
• Major Additions in Ceres, Benoni, Vredendal,
  Brixton, Uitenhage, Pretoria-North, Polokwane,
  Umtata, Sasolburg and Heidelberg

75
CAPITAL WORKS 2006/2007

• 10 New Court buildings to be constructed
• Major additions planned for 7 other buildings
• A total of R10 Mil set aside for Improvement of
  accessibility for people with disability

76
SECURITY

• 312 Offices/Courts out of 555 have been provided
  with fulltime Guarding Service
• 470 in-house court security officers have been
  appointed
• 216 Courthouses receiving Cash In Transit
  Services
• Successful conclusion of the envisaged Management
  of Monies In Trust (MMIT) project will transfer
  the risk of cash handling to private sector

77
Security (continues)

• 1x Ray machine purchased for the Constitutional
  Court
• 136 Offices equipped with alarm system
• 180 offices identified for installation of
  burglar bars in effort to improve physical
  security

78
SECURITY 2006/2007

• Additional 373 sites identified for provision of
  Guarding Services
• Cash In Transit services to be provided for in
  362 offices
• 136 sites to be provided with Alarm System
• Total Budget of R150 000 000.00

79
FOCUS FOR 2006/2007

• Continue with upgrading of Security
• Improve accessibility for disabled people in
  court buildings
• Continue with the Rehabilitation and Maintenance
  program
• Continue with condition monitoring for all
  facilities
• Construction of new facilities and Major
  Additions to existing
• Replacement of Old Coat of Arms
• Provision of Mobile Structure as interim measures

80
FOCUS FOR 2006/2007

• Provide Signage in all facilities
• Development and implementation of Facilities
  Management System
• Enhancement of Virtual Library Project
• Identification and Acquisition of site for new
  buildings
• Building Capacity for Management of Devolved
  Budget from Department of Public Works

81
BUDGET 2006/2007
Function Budget
INFRUSTRUCTURE DEVELOPMENT
Capital Works R268 138 M
RAMP R 50 000 M
Accommodation Charges R109 444 M
Leases R114 192 M
Municipality Services R 87 697 M
Day to Day Maintenance R 21 500 M
Upgrading of Infrastructure R 38 315 M
GG and Judges Vehicles R 28 836 M
Libraries / High Court R 2 000 M
Sub-Total R718 845 M
SECURITY
Guarding Services R 40 000 M
Cash In Transit R 50 000 M
Physical Security Infrastructure R 17 865 M
Subtotal R107 865 M
TOTAL R826 710 M
82
BUDGET 2006/2007

• A total of R233 389 Mil has been transferred from
  the Department of Public Works as part of the
  Devolution of Budget
• An additional amount of R70 000 Mil to be
  transferred for Planned Maintenance
• The department to continue utilizing the DPW
  expertise in project management
• SLA to be entered into with Public Works with
  regard to the management of budget
• The department to look at capacity building for
  the purpose of management of the budget
  allocation from Public Works

83
PROGRAM 5FAMILY ADVOCACY
84
Court Services and DOJCD Challenges

• In general, the following remain challenges
• Courts have been under funded for years and as a
  result they have not been able to meet the
  demands that were brought by a plethora of
  legislation passed after the advent of the
  constitutional order.
• Staff shortages at courts, particularly to deal
  with maintenance matters, domestic violence and
  victim support work (i.e. relating to the
  implementation of new legislation), leading to
  poor service delivery (long queues etc.) in some
  areas.
• Lack of culture of management through
  information, to proactively manage courts based
  on court performance information
• The capital works programme, which is a medium to
  long-term programme makes it difficult to address
  historical imbalances in relation to access to
  courts in previously disadvantaged areas.
• Corruption in relation to management of monies in
  trust is still present.
• There is an urgent need to strengthen the
  administrative support to the Chief Justice and
  Heads of Courts, the Judicial Services Commission
  and the Magistrates Commission.

85
Priorities for 2006

• Roll out RAB
• Transformation of judiciary including alignment
  JSC and MC
• CJS Review
• Legislation 6 Bills
• Security
• Creation of court capacity
• Improving court support services
• Monitoring court performance

86

• THANK YOU FOR YOUR ATTENTION