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DoJ&CDoJ&CD D

DoJ&CDoJ&CD D PRESENTATION BY THE DIRECTOR-GENERAL PRESENTATION BY THE DIRECTOR-GENERAL

TO THE PORTFOLIO COMMITTEE – 01 January TO THE PORTFOLIO COMMITTEE – 01 January 20062006

PRESENTATION BY THE DIRECTOR-GENERAL PRESENTATION BY THE DIRECTOR-GENERAL TO THE PORTFOLIO COMMITTEE – 01 January TO THE PORTFOLIO COMMITTEE – 01 January

20062006

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• Access to Justice for AllAccess to Justice for All

• Organisational EfficiencyOrganisational Efficiency

• Transforming JusticeTransforming Justice

• Access to Justice for AllAccess to Justice for All

• Organisational EfficiencyOrganisational Efficiency

• Transforming JusticeTransforming Justice

Presentation will focus on each of the 3 Key Strategic Objectives of the Dept:

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• Small Claims Courts

• Vulnerable Groups

• Masters’ Office• New Courts to be

opened

• Small Claims Courts

• Vulnerable Groups

• Masters’ Office• New Courts to be

opened

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Access to JusticeAccess to JusticeAccess to JusticeAccess to JusticeSmall claims courtsSmall claims courts• ensure access to justice for the ensure access to justice for the indigent and the poorindigent and the poor• increase of jurisdiction from increase of jurisdiction from R3,000.00 to R7, 000.00 led to up to R3,000.00 to R7, 000.00 led to up to 40% increase in the number of 40% increase in the number of cases reportedcases reported•Consultations with Law Societies Consultations with Law Societies and universities are on-going to and universities are on-going to encourage more practitioners and encourage more practitioners and academics to become academics to become CommissionersCommissioners•We have 154 courts, additional 35 We have 154 courts, additional 35 planned for 2006/7 planned for 2006/7 •Existing courts incorporates 219 of Existing courts incorporates 219 of 366 districts, discussion underway 366 districts, discussion underway to establish circuit courts to cover to establish circuit courts to cover the rest of the districts the rest of the districts

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Access to JusticeAccess to JusticeAccess to JusticeAccess to JusticeCapital worksCapital worksNew courts: Opening of the New courts: Opening of the following new courts planned to following new courts planned to enhance access to justice for the enhance access to justice for the rural, urban & the poor - rural, urban & the poor - •Randburg - March 2006Randburg - March 2006•Sekgosese – May 06Sekgosese – May 06•Madadeni – August 2006Madadeni – August 2006•Daveyton – September 2006Daveyton – September 2006•Motherwell – November 06Motherwell – November 06•Tsakane – October 06Tsakane – October 06

Major additions to existing courtsMajor additions to existing courts•Ceres – July 06Ceres – July 06•Benoni - August 06Benoni - August 06

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Access to JusticeAccess to JusticeAccess to JusticeAccess to JusticeVulnerable GroupVulnerable Group•Implementation of “Operation Implementation of “Operation Isondlo” to improve maintenance Isondlo” to improve maintenance systemsystem•Audit of top 25 courts reveals the Audit of top 25 courts reveals the following courts with highest files:following courts with highest files:- 15 Market street = 83 642- 15 Market street = 83 642- Phillipi = 50 353- Phillipi = 50 353- Mitchellsplein = 30 000- Mitchellsplein = 30 000- Port Elizabeth = 30 000- Port Elizabeth = 30 000- Odi = 23 781- Odi = 23 781- Bloemfontein = 19 834- Bloemfontein = 19 834- Pretoria = 19 750- Pretoria = 19 750-Durban = 17 227Durban = 17 227A mere 188 officials work on the A mere 188 officials work on the more than 389 files – indicating more than 389 files – indicating huge capacityhuge capacity needsneeds

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Access to JusticeAccess to JusticeAccess to JusticeAccess to JusticeFamily AdvocateFamily Advocate

• During 2005 Unit dealt with 11 During 2005 Unit dealt with 11 842 enquiries and reached 9, 682 842 enquiries and reached 9, 682 settlement agreements in respect of settlement agreements in respect of cases involving childrencases involving children• Has a backlog of 1841 on Jan 06Has a backlog of 1841 on Jan 06•Operate on a staff establishment of Operate on a staff establishment of an average of 4 Family Advocate an average of 4 Family Advocate per province (only 33 Family per province (only 33 Family Advocates country-wide) instead of Advocates country-wide) instead of an ideal 12 per provincean ideal 12 per province•Only 38 Family Counsellors while Only 38 Family Counsellors while minimum of 90 is requiredminimum of 90 is required

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Access to JusticeAccess to JusticeAccess to JusticeAccess to Justice

MastersMasters• 50 087 files for deceased estates 50 087 files for deceased estates less than R50 000; 61 274 files for less than R50 000; 61 274 files for R125, 000 & 33 974 files for R125, 000 & 33 974 files for estates above R125estates above R125• workload increased from 82 804 workload increased from 82 804 in 04 to 145 335 in 05 (by more in 04 to 145 335 in 05 (by more than 83%) following than 83%) following MosenekeMoseneke & & BheBhe judgments judgments• Urgent need for increased Urgent need for increased capacity - only 482 officials capacity - only 482 officials working of the 145 filesworking of the 145 files•HIV led to substantial increase of HIV led to substantial increase of the number of orphaned children the number of orphaned children dependent on the Guardian Funddependent on the Guardian Fund

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• Restructuring & Restructuring & alignment of the Deptalignment of the Dept

• ModernisationModernisation• Organisational CapacityOrganisational Capacity

• Restructuring & Restructuring & alignment of the Deptalignment of the Dept

• ModernisationModernisation• Organisational CapacityOrganisational Capacity

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• Department’s branches Department’s branches reconfigured in line with reconfigured in line with strategystrategy

• Corporate Services Corporate Services strengthened under COO to strengthened under COO to deliver quality service to deliver quality service to support functions & affected support functions & affected DDG’s redeployed to core DDG’s redeployed to core programmes in the office of programmes in the office of Chief Master & Justice Chief Master & Justice CollegeCollege

• Department’s branches Department’s branches reconfigured in line with reconfigured in line with strategystrategy

• Corporate Services Corporate Services strengthened under COO to strengthened under COO to deliver quality service to deliver quality service to support functions & affected support functions & affected DDG’s redeployed to core DDG’s redeployed to core programmes in the office of programmes in the office of Chief Master & Justice Chief Master & Justice CollegeCollege

Restructuring & Restructuring & alignmentalignment

Restructuring & Restructuring & alignmentalignment

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• Chief Litigation Officer’s post Chief Litigation Officer’s post established to enhance capacity established to enhance capacity in handling litigation against the in handling litigation against the StateState

• Regional Offices strengthened to Regional Offices strengthened to coordinate justice functions at coordinate justice functions at provincial levelprovincial level

• Re Aga BoswaRe Aga Boswa being rolled out to being rolled out to create management and create management and administrative capacity at the administrative capacity at the courts to allow judicial officers to courts to allow judicial officers to concentrate on judicial functionsconcentrate on judicial functions

• Chief Litigation Officer’s post Chief Litigation Officer’s post established to enhance capacity established to enhance capacity in handling litigation against the in handling litigation against the StateState

• Regional Offices strengthened to Regional Offices strengthened to coordinate justice functions at coordinate justice functions at provincial levelprovincial level

• Re Aga BoswaRe Aga Boswa being rolled out to being rolled out to create management and create management and administrative capacity at the administrative capacity at the courts to allow judicial officers to courts to allow judicial officers to concentrate on judicial functionsconcentrate on judicial functions

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• Total Courts in Total Courts in connected: 221connected: 221

• Total Courts not Total Courts not Connected: 342Connected: 342

• Total Courts in South Total Courts in South Africa: 563Africa: 563

• Total Courts in Total Courts in connected: 221connected: 221

• Total Courts not Total Courts not Connected: 342Connected: 342

• Total Courts in South Total Courts in South Africa: 563Africa: 563

ModernisationModernisationModernisationModernisation

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• Overall Courts not connected: Overall Courts not connected: 342342

• Courts Secured: 78Courts Secured: 78

• Courts Unsecured: 264Courts Unsecured: 264

Court Connectivity Court Connectivity (continued)(continued)

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• Total Courts: 230 Total Courts: 230 • Secured Courts: 58Secured Courts: 58• Unsecured Courts: 172Unsecured Courts: 172

• Total Courts: 230 Total Courts: 230 • Secured Courts: 58Secured Courts: 58• Unsecured Courts: 172Unsecured Courts: 172

No Connectivity in Courts that have 10 No Connectivity in Courts that have 10 users or lessusers or lessNo Connectivity in Courts that have 10 No Connectivity in Courts that have 10 users or lessusers or less

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No Connectivity in Courts that have 11 No Connectivity in Courts that have 11 or more usersor more usersNo Connectivity in Courts that have 11 No Connectivity in Courts that have 11 or more usersor more users

• Total Courts: 112 Total Courts: 112 • Secured Courts: 20Secured Courts: 20• Unsecured Courts: 92Unsecured Courts: 92

• Total Courts: 112 Total Courts: 112 • Secured Courts: 20Secured Courts: 20• Unsecured Courts: 92Unsecured Courts: 92

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Organisational CapacityOrganisational CapacityOrganisational CapacityOrganisational Capacity

• Total permanent posts created at the courts during Total permanent posts created at the courts during October – December 2005: 733 October – December 2005: 733

- Clerks: 427Clerks: 427- Maintenance Officers: 226Maintenance Officers: 226- Maintenance Investigators: 75 (total stand at 156)Maintenance Investigators: 75 (total stand at 156)

• Total permanent posts created at the courts during Total permanent posts created at the courts during October – December 2005: 733 October – December 2005: 733

- Clerks: 427Clerks: 427- Maintenance Officers: 226Maintenance Officers: 226- Maintenance Investigators: 75 (total stand at 156)Maintenance Investigators: 75 (total stand at 156)

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Capacity (continued)Capacity (continued)Capacity (continued)Capacity (continued)New Positions Created New Positions Created New Positions Created New Positions Created

• Masters Office: 100 Masters Office: 100 • Maintenance Courts: 100 Maintenance Courts: 100 • State Attorneys: 45State Attorneys: 45

• Masters Office: 100 Masters Office: 100 • Maintenance Courts: 100 Maintenance Courts: 100 • State Attorneys: 45State Attorneys: 45

Internship/ LearnershipInternship/ LearnershipInternship/ LearnershipInternship/ Learnership

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Judicial capacity to increase Judicial capacity to increase courts’ productivitycourts’ productivity

Judicial capacity to increase Judicial capacity to increase courts’ productivitycourts’ productivity

•40 positions of magistrates crated at courts with 40 positions of magistrates crated at courts with greatest need to enhance capacitygreatest need to enhance capacity•15 of the 40 positions created in the regional courts 15 of the 40 positions created in the regional courts to streamline specialised sexual offences courts into to streamline specialised sexual offences courts into the main courtsthe main courts•Additional funds allocated to create 38 judicial Additional funds allocated to create 38 judicial positions on 2006/7 financial yearpositions on 2006/7 financial year

•40 positions of magistrates crated at courts with 40 positions of magistrates crated at courts with greatest need to enhance capacitygreatest need to enhance capacity•15 of the 40 positions created in the regional courts 15 of the 40 positions created in the regional courts to streamline specialised sexual offences courts into to streamline specialised sexual offences courts into the main courtsthe main courts•Additional funds allocated to create 38 judicial Additional funds allocated to create 38 judicial positions on 2006/7 financial yearpositions on 2006/7 financial year

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•71 Area Court Managers Positions (Dep Director level) created of which 23 71 Area Court Managers Positions (Dep Director level) created of which 23 are filled and 58 will be filled before 31 March 06are filled and 58 will be filled before 31 March 06•217 Court Managers (Asst Dir level) created at the district courts being filled. 217 Court Managers (Asst Dir level) created at the district courts being filled. Other 166 to be created in 2006/7 financial yearOther 166 to be created in 2006/7 financial year•61 The role of Registrar’s positions have been redefined at High Courts and 61 The role of Registrar’s positions have been redefined at High Courts and Clerk of the Courts at magistrates courts and to be occupied by legally Clerk of the Courts at magistrates courts and to be occupied by legally qualified officials for performance of quasi-judicial functions and case flow qualified officials for performance of quasi-judicial functions and case flow management functionsmanagement functions•Casual stenographers system being replaced by permanent officials to Casual stenographers system being replaced by permanent officials to perform administrative support functionsperform administrative support functions

•71 Area Court Managers Positions (Dep Director level) created of which 23 71 Area Court Managers Positions (Dep Director level) created of which 23 are filled and 58 will be filled before 31 March 06are filled and 58 will be filled before 31 March 06•217 Court Managers (Asst Dir level) created at the district courts being filled. 217 Court Managers (Asst Dir level) created at the district courts being filled. Other 166 to be created in 2006/7 financial yearOther 166 to be created in 2006/7 financial year•61 The role of Registrar’s positions have been redefined at High Courts and 61 The role of Registrar’s positions have been redefined at High Courts and Clerk of the Courts at magistrates courts and to be occupied by legally Clerk of the Courts at magistrates courts and to be occupied by legally qualified officials for performance of quasi-judicial functions and case flow qualified officials for performance of quasi-judicial functions and case flow management functionsmanagement functions•Casual stenographers system being replaced by permanent officials to Casual stenographers system being replaced by permanent officials to perform administrative support functionsperform administrative support functions

Court & case managementCourt & case managementCourt & case managementCourt & case management

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Review of the Criminal Review of the Criminal Justice System – to enhance Justice System – to enhance efficiency efficiency

Review of the Criminal Review of the Criminal Justice System – to enhance Justice System – to enhance efficiency efficiency

• Plan of Action developed in line Plan of Action developed in line with terms of reference as with terms of reference as approved by Cabinetapproved by Cabinet• Plan to be discussed at JCPS DG Plan to be discussed at JCPS DG cluster on 7 Febcluster on 7 Feb• Cluster Depts to deploy Cluster Depts to deploy nominees to the review process nominees to the review process by 31 Jan 06by 31 Jan 06•Review to commence March 06, Review to commence March 06, and first progress report to and first progress report to Cabinet due July 06Cabinet due July 06

• Plan of Action developed in line Plan of Action developed in line with terms of reference as with terms of reference as approved by Cabinetapproved by Cabinet• Plan to be discussed at JCPS DG Plan to be discussed at JCPS DG cluster on 7 Febcluster on 7 Feb• Cluster Depts to deploy Cluster Depts to deploy nominees to the review process nominees to the review process by 31 Jan 06by 31 Jan 06•Review to commence March 06, Review to commence March 06, and first progress report to and first progress report to Cabinet due July 06Cabinet due July 06

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• Bills of the judiciaryBills of the judiciary• Judicial capacityJudicial capacity• Judicial education & Judicial education &

restructuring of Justice restructuring of Justice CollegeCollege

• Legal Services CharterLegal Services Charter

• Bills of the judiciaryBills of the judiciary• Judicial capacityJudicial capacity• Judicial education & Judicial education &

restructuring of Justice restructuring of Justice CollegeCollege

• Legal Services CharterLegal Services Charter

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Bills on the judiciaryBills on the judiciaryBills on the judiciaryBills on the judiciary•Apart from the Const 14Apart from the Const 14thth Amendment and Amendment and Superior Courts Bill before Parliament the Dept Superior Courts Bill before Parliament the Dept has finalised 3 Bills on Complaints handlinghas finalised 3 Bills on Complaints handling•Discussion with the judiciary on the latter Bills Discussion with the judiciary on the latter Bills on-going and the Bills will be submitted to on-going and the Bills will be submitted to Cabinet in March 06Cabinet in March 06

•Apart from the Const 14Apart from the Const 14thth Amendment and Amendment and Superior Courts Bill before Parliament the Dept Superior Courts Bill before Parliament the Dept has finalised 3 Bills on Complaints handlinghas finalised 3 Bills on Complaints handling•Discussion with the judiciary on the latter Bills Discussion with the judiciary on the latter Bills on-going and the Bills will be submitted to on-going and the Bills will be submitted to Cabinet in March 06Cabinet in March 06

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Judicial education & Justice Judicial education & Justice collegecollege

Judicial education & Justice Judicial education & Justice collegecollege

•A policy decision taken to separate judicial A policy decision taken to separate judicial education which is the preserve of the judiciary education which is the preserve of the judiciary & training of staff in the justice family which is & training of staff in the justice family which is will be done by Justice Collegewill be done by Justice College•Budget provided in the 2006/7 for both judicial Budget provided in the 2006/7 for both judicial education & restructuring of Justice Collegeeducation & restructuring of Justice College

•A policy decision taken to separate judicial A policy decision taken to separate judicial education which is the preserve of the judiciary education which is the preserve of the judiciary & training of staff in the justice family which is & training of staff in the justice family which is will be done by Justice Collegewill be done by Justice College•Budget provided in the 2006/7 for both judicial Budget provided in the 2006/7 for both judicial education & restructuring of Justice Collegeeducation & restructuring of Justice College

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Legal Services CharterLegal Services CharterLegal Services CharterLegal Services Charter

•Consultative processes & Reference Group Consultative processes & Reference Group established and produced a frameworkestablished and produced a framework• Framework & Draft Charter developed Framework & Draft Charter developed •Final Draft envisaged to be completed by Final Draft envisaged to be completed by August 2006August 2006

•Consultative processes & Reference Group Consultative processes & Reference Group established and produced a frameworkestablished and produced a framework• Framework & Draft Charter developed Framework & Draft Charter developed •Final Draft envisaged to be completed by Final Draft envisaged to be completed by August 2006August 2006

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Key Challenges for 2006Key Challenges for 2006 Key Challenges for 2006Key Challenges for 2006

Hamornise salaries (parity) for legal professionals by July 06

Improve performance management Review capacity requirements,

staffing norms & reduction of temporary by May 06

Reduce outstanding case rolls:

Hamornise salaries (parity) for legal professionals by July 06

Improve performance management Review capacity requirements,

staffing norms & reduction of temporary by May 06

Reduce outstanding case rolls:

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District court 157 932 (compared with 132 779 in 05

Regional court 47 112 (compared to 45 556 in 05)

Intensify the efforts to reduce the number of children awaiting trial (November stats shows a was a decrease from 2200 to 1109)

Fast track the transformation of the judicial system (single judiciary, restructuring of magistrate courts, and Justice College, finalisation of complaint handling mechanism)

Finalisation of substitution Bills & crucial legislation

District court 157 932 (compared with 132 779 in 05

Regional court 47 112 (compared to 45 556 in 05)

Intensify the efforts to reduce the number of children awaiting trial (November stats shows a was a decrease from 2200 to 1109)

Fast track the transformation of the judicial system (single judiciary, restructuring of magistrate courts, and Justice College, finalisation of complaint handling mechanism)

Finalisation of substitution Bills & crucial legislation

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THANK YOU !THANK YOU !