Date: 20/05/2005
Source: Department of Justice and Constitutional Development
Title: B Mabandla: Justice Dept Budget Vote 2005/2006
Budget speech by Ms Brigitte Mabandla, MP, Minister for Justice and Constitutional Development, National Assembly, Parliament
Madame Speaker
Honourable Members
Members of the Justice Family
Comrades and Friends
INTRODUCTION
Today, it is exactly nine years and 12 days since the citizens of this country adopted our acclaimed Constitution. On 8 May 1996, the people of South Africa, through their freely elected representatives adopted this nation’s founding document with a pledge that:
“We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity.”
As we meet here today we proudly continue with an unwavering commitment to that founding pledge that “South Africa belongs to all who live in it, united in our diversity.” The transformation process that we have embraced and our continuing efforts to ensure access for all to justice, are intended to fulfil this undertaking. This commitment has, in the last ten years of freedom, afforded an ever-expanding mass of our people greater access to justice.
As we enter the second decade of our democracy, we are fortified by the principles that underpin our Constitution and the Freedom Charter when it boldly declares that: “The courts shall be representative of all the people of South Africa.” These two important beacons have charted the course for the way forward.
We are therefore emboldened to proceed confidently with our efforts to transform the justice system. This will place it in a position to meet the needs of all the people of South Africa. Transformation is a key national undertaking for which the Constitution provides a blue-print for the fulfilment of a better life for all.
BROAD TRANSFORMATION OF THE JUDICIAL SYSTEM
Honourable Members,
Turning to the issue of the transformation of the judiciary, as evidenced by the recent Justice Colloquium, the government and the judiciary are engaged in meaningful dialogue about proposed legislation to improve the functioning, accessibility and transformation of the justice system.
A package of six Bills, which have a direct bearing on important aspects relating to the judiciary, were discussed at the recent Justice Colloquium. The six Bills are: the Constitution Amendment Bill, dealing with our superior courts, the Superior Courts Bill itself, the SA Justice Training College Bill and three Bills dealing with disciplinary mechanisms in respect of members of the judiciary.
The Colloquium enabled us to gather diverse and invaluable views and comments which we will consider. I am also looking forward to receiving further inputs from the judiciary on the policy aspects relating to the Bills under discussion for consideration.
Discussions in respect of the Rationalisation of Courts, Judicial Training and Complaints Mechanisms have taken place since 1994; legislation in this regard has been considered for the past few years. I intend to submit these Bills to Cabinet by July for consideration by Parliament during its last session of this year. I am confident that we will find a workable solution to address these concerns.
LEGISLATION
Madame Speaker,
We are constantly reviewing and refining our legislation. We will continue to make changes, where necessary, in order to ensure a greater positive impact on the lives of the people that are affected by these laws. In August last year, I was moved to apologise to women of this country regarding the ironic situation we found ourselves in, whereas we were celebrating a decade a freedom, we still had on our statute books outdated and discriminatory pieces of legislation such as the Black Administration Act and the Section 1(4)(b) of the Intestate Succession Act, 1987.
I am therefore pleased to report that legislation to repeal the Black Administration Act, 1927, and to bring the Customary Law of Succession in line with the Constitution is being finalised. I hope to table these two Bills into Parliament during the second half of the Parliamentary programme for this year. The same can be said in respect of a draft Bill that is intended to address the concerns raised by the Constitutional Court in the case involving the attachment of low-cost housing.
The Child Justice Bill and the Criminal Law (Sexual Offences) Amendment Bill are pending before the Portfolio Committee and I hope to see deliberations on them resume in the very near future.
We are working on a strategy to look at the transformation of the legal sector; and to engage the sector in respect of the development of a Legal Services Charter.
SERVICE DELIVERY
Our priorities for the 2005 financial year are:
* transformation of the Judiciary, including the alignment of the Judicial Service Commission and the Magistrates’ Commission * the Criminal Justice System Review * improving and monitoring court capacity and performance * the Masters’ Offices.
The Department’s Medium Term Expenditure Framework (MTEF) baseline allocation grows from R5 072 million in 2005/06 to R5 598 million in 2006/07 to R6 046 million in 2007/08. This equates to an average increase of 9,2 per cent over the MTEF period.
We are currently engaging expertise to quantify the costs of services of the Administration of Justice.
I am certain that the additional allocations received over the MTEF period will go a long way in addressing this personnel budget shortfall. We have already received some additional allocations from Treasury and this will be used to assist with the following priorities for the next three years respectively:
* Service delivery and integration (R68m, R85m and R134m);
* Modernising the justice system (R10m, R20m, and R30m);
* Effective and efficient management of cases through the justice chain (R97m, R227m and R317m);
* Transforming the justice system (R11m, R27m and R35m);
* Court Security (R50m, R70m and R100m).
Other aspects also additionally funded include:
* Lay assessors (R10m, R15m and R30m);
* Rehabilitation of courts (R50m, R50m and R61m);
* Court Nerve Centre (R4m, R6m and R8m); * Victim Support Programme (R10m, R15 and R20m);
* Specialised Courts (R10m, R12m and R15m); * Filling court vacancies (R50m, R150m and R220m);
* Appointment of magistrates (R15m, R17m and R20m);
* Court personnel for new High Courts (R0, R5m and R2m);
* Increased witness fees (R5m, R6m and R7m).
Our vision is to meet the challenge of creating a stable society, in which all communities are able to live in peace, safety and security.
To achieve this, it is critical that the judicial system be accessible to all; and this can partly be achieved through the provision of adequate infrastructure. This is receiving urgent attention on all levels. Interactions with the Department of Public Works continue resulting in the improvement of service delivery regarding maintenance of buildings and the building of new accommodation.
The modernisation of court security infrastructure remains a challenge. In order to address the identified deficiencies in a structural and effective manner, an integrated approach with the Security Cluster has been adopted.
NATIONAL COURT PERFORMANCE OVERVIEW (Criminal Matters)
We have piloted Re aga boswa in KwaZulu-Natal. The results look good and we are considering rolling out to the rest of the country.
High Courts
The High Courts managed a conviction rate of 86% through a greater improvement in case flow efficiency, court performance and effective monitoring.
District Courts
The District Courts managed a conviction rate averaging 87%, exceeding the target of 85% for the last year. The District Courts have also managed to attain their target in reducing case cycle time. The set cycle times for District Court cases prescribes that 90% of all cases should not be on the roll for longer than 6 months.
Regional Courts
Regional Courts, on the other hand, realised a conviction rate of 75%. The number of finalised cases by the end of January 2005 represented a 15% increase as compared to the previous year.
DEDICATED COURTS
The Department has gradually established a range of specialised courts to deal with specialised and sensitive cases related to sexual offences, family and domestic cases, commercial crime and community courts. While these courts have shown significant progress in comparison to the other mainstream courts, the aim here is not to see a proliferation of specialised courts that are better resourced than the mainstream courts. The Department has therefore initiated a review of the impact, effectiveness and sustainability of specialised courts within the judicial system.
To date the status of some of the specialised courts is as follows:
* Sexual Offences Courts: 54 Sexual Offences Courts, with a conviction rate of 62%, have been established. 26 of the 54 sexual offences courts are blueprint compliant and attention is being paid to provide the infrastructure to make the remainder blueprint compliant. Permanent positions will be created in conjunction with the Magistrates’ Commission to capacitate the approved sexual offences courts.
* Equality courts: There are presently 220 designated Equality Courts throughout the country: On the 13th June 2003, 60 Magistrates Courts in all 13 administrative regions, were designated as Equality Courts. An additional 150 courts were designated as Equality Courts on 26 March 2004. As far as the High Courts are concerned, section 16(1) (a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 (Act No. 4 of 2000), provides that every High Court is an Equality Court for its area of jurisdiction. Infrastructure is being provided on a continuous basis as new courts are established. More than 800 magistrates have been trained in equality matters. More magistrates and court staff will receive training so that more courts are designated as Equality Courts to increase access. Successful public awareness campaigns have been launched in various areas of the country.
* Commercial Crime Courts: These courts are set up to deal with serious commercial crime in a more effective manner. We have now established further commercial crime courts in Durban and Port Elizabeth to add to the already existing courts in Johannesburg and Pretoria. We launched the Durban Commercial Crime Court in November 2004. It is a pleasure to note that these commercial crime courts have gained business sector support and international acclaim as a best practice model.
* Community Courts: In line with President Mbeki’s directive during the State of the Nation Address in February, we will speed up the establishment of Community Courts beyond the pilot projects. By the end of this financial year, the Department shall have established two community courts per province, which will operate with flexible hours compared to the normal courts, like the Hatfield community court. The business community and other formations of civil society continue to contribute immensely in the establishment and sustainability of these courts. There are, at present, a total of 13 community courts - of which four are fully operational and have been formally launched.
* Small Claims Courts: We are also proud to announce that we have completed a National Plan of Action to transform and re-engineer Small Claims Courts throughout South Africa. This is meant to ensure greater access to civil justice. We have formed a dynamic partnership with the Swiss Agency for Development and Co-operation; the South African Law Society and tertiary institutions in order to pursue our blueprint for Small Claims Courts.
MASTERS’ OFFICES
Madame Speaker,
The Masters’ Offices play an important role in the social and economic lives of our people.
Each year the value of the estates under the supervision of the Masters amounts to approximately R18 billion, which includes about R2,5 billion in the Guardians’ Fund. It is essential that the Masters’ offices are transformed and restructured to ensure that those, who are entitled to this service, receive it without unnecessary delays. This will not only stimulate our economy, but ensure that those who need support receive it promptly. Ways of ensuring that estates, both deceased and insolvent estates, are promptly wound up must be explored.
The ability of the Masters’ offices to render an efficient and effective public service in the national interest must be enhanced.
On 20 July 2004, pursuant to widespread allegations of corruption within the liquidation industry and general inefficiency in the Masters’ Offices, I appointed a Committee of Enquiry. The Committee, co-chaired by Advocates Seth Nthai and Lindi Nkosi-Thomas, was tasked with enquiring into, and investigating the administrative system relating to the appointment of liquidators, and to identify practices which encourage undesirable or illegal practices.
I am pleased to report that the Committee has delivered its final report and has provided me with a comprehensive overview of the problems in the Masters’ Offices and in the liquidation industry. The report also contains recommendations, which have been considered by officials from my Department and departments of Trade and Industry and Treasury. I am in the process of reporting to Cabinet on the Committee’s findings and on the recommendations made by both the Committee and the departmental officials. The report will assist us to achieve our objectives in the Master’s offices.
Although many allegations of corruption were made, the Committee received very few substantiated allegations. In appropriate cases, the allegations were referred to the authorities for investigation. We shall continue our efforts to eradicate corruption completely.
THE NATIONAL PROSECUTING AUTHORITY
The National Prosecuting Authority (NPA) has been a commendable champion of its own vision statement – Justice in our society, so that people can live in freedom and security.
The NPA has achieved numerous successes in its short existence and I hereby wish to acknowledge the excellent contribution of Adv Bulelani Ngcuka in ensuring that the element of professionalism was greatly enhanced.
Through the growth of the NPA , we have seen the emergence of the Sexual Offences And Community Affairs Unit, the Directorate of Special Operations, Specialised Commercial Crimes Court Unit, Priority Crimes Litigation Unit , the Integrity Management Unit , the Assets Forfeiture Unit (inter alia). We eagerly await the success of Project X – the NPA’s plan for Transformation.
DIRECTORATE OF SPECIAL OPERATIONS
The National Prosecuting Authority’s Directorate for Special Operations continues to position itself as an elite crime-fighting agency through the exploitation of key partnerships and co-operations.
Some of the operational achievements of the DSO include:
* A conviction rate of 93% for the year ending February 2005. This is well over the 80% target for the year.
* Proceeds of crime value for the year ending February 2005 was R255.7 million.
ASSET FORFEITURE UNIT
Many issues relating to asset forfeiture have been clarified in the 120 judgements to date. While the success rate in cases brought to court in four years to April 2003 was low, this changed dramatically in the 2003/04 financial year when the Unit won 75% of judgements. This was achieved against a target of 60%. In the last financial year the Unit achieved a success rate of 64%. To further enhance the Unit’s performance, a number of areas have been identified where the relevant legislation will have to be strengthened and clarified.
MODERNISATION PROGRAMME
We have identified modernisation as one of our strategic objectives. The Department has conducted intensive planning and preparations over the past few years towards the modernisation of the Department and the services it renders. The goal is to ensure that we are able to deliver justice services in a simpler, better, faster and cost-effective manner. Critical to our modernisation programme are our e-Justice, human resources development programmes and various projects designed to improve our financial management.
Significant progress has already been made. Five years ago, there were no more than 200 users that were provided with computers and internet connectivity. This year, the Department completed a major exercise providing nearly 10 000 judges, magistrates, prosecutors and administrative personnel with such equipment. This has placed, within easy access to judges, magistrates and prosecutors, vital legal research.
Legal Aid Board
The Legal Aid Board has completed the roll-out of national infrastructure of four regional offices, 57 Justice Centres and 35 Satellite Offices, employing more than 1 500 staff of whom more than 1 000 are legal professionals. The Board continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements, through the system of in-house lawyers from its Justice Centres and also through outsourcing to private lawyers (a system of judicare) and co-operation partners. With its national infrastructure in place, it can now focus on improving access to clients and communities and also on improving the quality of delivery of our legal services.
Sheriffs’ Profession
We have recently successfully completed Phase 1 of the Sheriffs Transformation Programme. The Sheriffs Amendment Bill is a priority, which is aimed at accelerating representivity within the profession, as well as enhancing accountability and professionalism.
FINANCIAL MANAGEMENT
Honourable Members,
Last year the Department obtained, for the first time ever, a Non-Qualified Audit on its vote account in respect of the 2003/04 financial year. This was an exciting moment because it had never been done in the history of the Department. This major achievement was made possible by the commitment and dedication of the former Director-General, Adv. Vusi Pikoli; the CFO, Mr Alan Mckenzie and all the staff. For this, I salute and thank them. Now, almost a year later in my tenure as Minister, I can favourably report that we continue to make significant progress with the clearance of long-outstanding suspense accounts. A feasibility study is being conducted on the Management of Monies in Trust, and recommendations are eagerly awaited.
The challenges, that we face, are complex and require a measured, but determined approach.
Honourable Members, I wish to applaud the contribution of our outgoing Chief Justice, Arthur Chaskalson. His legacy will be indelible in the annals of our Constitutional Democracy. May I also welcome our new Chief Justice Pius Langa and hereby pledge our support and co-operation to these deserving advocates of Constitutionalism and Human Rights.
I also wish to thank Advocate Vusi Pikoli, now National Director of Public Prosecutions, for his excellent service as Director-General for the Department of Justice and Constitutional Development. At the same time, I wish to welcome Dr Khotso De Wee, our new Chief Operating Officer. Our new Director-General, Advocate Menzi Simelane, will commence on 1 June 2005. We congratulate him on his appointment and eagerly anticipate his commencement. A special thanks to our Acting Director-General, Ms Jacqui Ngeva - for her commitment and contribution over these past two months.
In conclusion, I wish to thank everyone working in and with the Department over the years. I recognise the Deputy Minister, Johnny De Lange, the Chairperson Fatima Chohan and members of the Portfolio Committee for their outstanding work, Judge Presidents and the Judiciary, the leaders and the members of the Magistracy, Chairpersons of the Chapter 9 institutions, the Legal Aid Board and all our Civil Society partners. As custodians of the Constitution, we shall strive to entrench its value system in every aspect of South African society in the spirit of transformation and the realisation of our constitutional democracy. Justice belongs to ALL the people of South Africa!
I thank you.
Issued by: Department of Justice and Constitutional Development
20 May 2005
Source: Department of Justice and Constitutional Development
Title: B Mabandla: Justice Dept Budget Vote 2005/2006
Budget speech by Ms Brigitte Mabandla, MP, Minister for Justice and Constitutional Development, National Assembly, Parliament
Madame Speaker
Honourable Members
Members of the Justice Family
Comrades and Friends
INTRODUCTION
Today, it is exactly nine years and 12 days since the citizens of this country adopted our acclaimed Constitution. On 8 May 1996, the people of South Africa, through their freely elected representatives adopted this nation’s founding document with a pledge that:
“We, the people of South Africa, Recognise the injustices of our past; Honour those who suffered for justice and freedom in our land; Respect those who have worked to build and develop our country; and Believe that South Africa belongs to all who live in it, united in our diversity.”
As we meet here today we proudly continue with an unwavering commitment to that founding pledge that “South Africa belongs to all who live in it, united in our diversity.” The transformation process that we have embraced and our continuing efforts to ensure access for all to justice, are intended to fulfil this undertaking. This commitment has, in the last ten years of freedom, afforded an ever-expanding mass of our people greater access to justice.
As we enter the second decade of our democracy, we are fortified by the principles that underpin our Constitution and the Freedom Charter when it boldly declares that: “The courts shall be representative of all the people of South Africa.” These two important beacons have charted the course for the way forward.
We are therefore emboldened to proceed confidently with our efforts to transform the justice system. This will place it in a position to meet the needs of all the people of South Africa. Transformation is a key national undertaking for which the Constitution provides a blue-print for the fulfilment of a better life for all.
BROAD TRANSFORMATION OF THE JUDICIAL SYSTEM
Honourable Members,
Turning to the issue of the transformation of the judiciary, as evidenced by the recent Justice Colloquium, the government and the judiciary are engaged in meaningful dialogue about proposed legislation to improve the functioning, accessibility and transformation of the justice system.
A package of six Bills, which have a direct bearing on important aspects relating to the judiciary, were discussed at the recent Justice Colloquium. The six Bills are: the Constitution Amendment Bill, dealing with our superior courts, the Superior Courts Bill itself, the SA Justice Training College Bill and three Bills dealing with disciplinary mechanisms in respect of members of the judiciary.
The Colloquium enabled us to gather diverse and invaluable views and comments which we will consider. I am also looking forward to receiving further inputs from the judiciary on the policy aspects relating to the Bills under discussion for consideration.
Discussions in respect of the Rationalisation of Courts, Judicial Training and Complaints Mechanisms have taken place since 1994; legislation in this regard has been considered for the past few years. I intend to submit these Bills to Cabinet by July for consideration by Parliament during its last session of this year. I am confident that we will find a workable solution to address these concerns.
LEGISLATION
Madame Speaker,
We are constantly reviewing and refining our legislation. We will continue to make changes, where necessary, in order to ensure a greater positive impact on the lives of the people that are affected by these laws. In August last year, I was moved to apologise to women of this country regarding the ironic situation we found ourselves in, whereas we were celebrating a decade a freedom, we still had on our statute books outdated and discriminatory pieces of legislation such as the Black Administration Act and the Section 1(4)(b) of the Intestate Succession Act, 1987.
I am therefore pleased to report that legislation to repeal the Black Administration Act, 1927, and to bring the Customary Law of Succession in line with the Constitution is being finalised. I hope to table these two Bills into Parliament during the second half of the Parliamentary programme for this year. The same can be said in respect of a draft Bill that is intended to address the concerns raised by the Constitutional Court in the case involving the attachment of low-cost housing.
The Child Justice Bill and the Criminal Law (Sexual Offences) Amendment Bill are pending before the Portfolio Committee and I hope to see deliberations on them resume in the very near future.
We are working on a strategy to look at the transformation of the legal sector; and to engage the sector in respect of the development of a Legal Services Charter.
SERVICE DELIVERY
Our priorities for the 2005 financial year are:
* transformation of the Judiciary, including the alignment of the Judicial Service Commission and the Magistrates’ Commission * the Criminal Justice System Review * improving and monitoring court capacity and performance * the Masters’ Offices.
The Department’s Medium Term Expenditure Framework (MTEF) baseline allocation grows from R5 072 million in 2005/06 to R5 598 million in 2006/07 to R6 046 million in 2007/08. This equates to an average increase of 9,2 per cent over the MTEF period.
We are currently engaging expertise to quantify the costs of services of the Administration of Justice.
I am certain that the additional allocations received over the MTEF period will go a long way in addressing this personnel budget shortfall. We have already received some additional allocations from Treasury and this will be used to assist with the following priorities for the next three years respectively:
* Service delivery and integration (R68m, R85m and R134m);
* Modernising the justice system (R10m, R20m, and R30m);
* Effective and efficient management of cases through the justice chain (R97m, R227m and R317m);
* Transforming the justice system (R11m, R27m and R35m);
* Court Security (R50m, R70m and R100m).
Other aspects also additionally funded include:
* Lay assessors (R10m, R15m and R30m);
* Rehabilitation of courts (R50m, R50m and R61m);
* Court Nerve Centre (R4m, R6m and R8m); * Victim Support Programme (R10m, R15 and R20m);
* Specialised Courts (R10m, R12m and R15m); * Filling court vacancies (R50m, R150m and R220m);
* Appointment of magistrates (R15m, R17m and R20m);
* Court personnel for new High Courts (R0, R5m and R2m);
* Increased witness fees (R5m, R6m and R7m).
Our vision is to meet the challenge of creating a stable society, in which all communities are able to live in peace, safety and security.
To achieve this, it is critical that the judicial system be accessible to all; and this can partly be achieved through the provision of adequate infrastructure. This is receiving urgent attention on all levels. Interactions with the Department of Public Works continue resulting in the improvement of service delivery regarding maintenance of buildings and the building of new accommodation.
The modernisation of court security infrastructure remains a challenge. In order to address the identified deficiencies in a structural and effective manner, an integrated approach with the Security Cluster has been adopted.
NATIONAL COURT PERFORMANCE OVERVIEW (Criminal Matters)
We have piloted Re aga boswa in KwaZulu-Natal. The results look good and we are considering rolling out to the rest of the country.
High Courts
The High Courts managed a conviction rate of 86% through a greater improvement in case flow efficiency, court performance and effective monitoring.
District Courts
The District Courts managed a conviction rate averaging 87%, exceeding the target of 85% for the last year. The District Courts have also managed to attain their target in reducing case cycle time. The set cycle times for District Court cases prescribes that 90% of all cases should not be on the roll for longer than 6 months.
Regional Courts
Regional Courts, on the other hand, realised a conviction rate of 75%. The number of finalised cases by the end of January 2005 represented a 15% increase as compared to the previous year.
DEDICATED COURTS
The Department has gradually established a range of specialised courts to deal with specialised and sensitive cases related to sexual offences, family and domestic cases, commercial crime and community courts. While these courts have shown significant progress in comparison to the other mainstream courts, the aim here is not to see a proliferation of specialised courts that are better resourced than the mainstream courts. The Department has therefore initiated a review of the impact, effectiveness and sustainability of specialised courts within the judicial system.
To date the status of some of the specialised courts is as follows:
* Sexual Offences Courts: 54 Sexual Offences Courts, with a conviction rate of 62%, have been established. 26 of the 54 sexual offences courts are blueprint compliant and attention is being paid to provide the infrastructure to make the remainder blueprint compliant. Permanent positions will be created in conjunction with the Magistrates’ Commission to capacitate the approved sexual offences courts.
* Equality courts: There are presently 220 designated Equality Courts throughout the country: On the 13th June 2003, 60 Magistrates Courts in all 13 administrative regions, were designated as Equality Courts. An additional 150 courts were designated as Equality Courts on 26 March 2004. As far as the High Courts are concerned, section 16(1) (a) of the Promotion of Equality and Prevention of Discrimination Act, 2000 (Act No. 4 of 2000), provides that every High Court is an Equality Court for its area of jurisdiction. Infrastructure is being provided on a continuous basis as new courts are established. More than 800 magistrates have been trained in equality matters. More magistrates and court staff will receive training so that more courts are designated as Equality Courts to increase access. Successful public awareness campaigns have been launched in various areas of the country.
* Commercial Crime Courts: These courts are set up to deal with serious commercial crime in a more effective manner. We have now established further commercial crime courts in Durban and Port Elizabeth to add to the already existing courts in Johannesburg and Pretoria. We launched the Durban Commercial Crime Court in November 2004. It is a pleasure to note that these commercial crime courts have gained business sector support and international acclaim as a best practice model.
* Community Courts: In line with President Mbeki’s directive during the State of the Nation Address in February, we will speed up the establishment of Community Courts beyond the pilot projects. By the end of this financial year, the Department shall have established two community courts per province, which will operate with flexible hours compared to the normal courts, like the Hatfield community court. The business community and other formations of civil society continue to contribute immensely in the establishment and sustainability of these courts. There are, at present, a total of 13 community courts - of which four are fully operational and have been formally launched.
* Small Claims Courts: We are also proud to announce that we have completed a National Plan of Action to transform and re-engineer Small Claims Courts throughout South Africa. This is meant to ensure greater access to civil justice. We have formed a dynamic partnership with the Swiss Agency for Development and Co-operation; the South African Law Society and tertiary institutions in order to pursue our blueprint for Small Claims Courts.
MASTERS’ OFFICES
Madame Speaker,
The Masters’ Offices play an important role in the social and economic lives of our people.
Each year the value of the estates under the supervision of the Masters amounts to approximately R18 billion, which includes about R2,5 billion in the Guardians’ Fund. It is essential that the Masters’ offices are transformed and restructured to ensure that those, who are entitled to this service, receive it without unnecessary delays. This will not only stimulate our economy, but ensure that those who need support receive it promptly. Ways of ensuring that estates, both deceased and insolvent estates, are promptly wound up must be explored.
The ability of the Masters’ offices to render an efficient and effective public service in the national interest must be enhanced.
On 20 July 2004, pursuant to widespread allegations of corruption within the liquidation industry and general inefficiency in the Masters’ Offices, I appointed a Committee of Enquiry. The Committee, co-chaired by Advocates Seth Nthai and Lindi Nkosi-Thomas, was tasked with enquiring into, and investigating the administrative system relating to the appointment of liquidators, and to identify practices which encourage undesirable or illegal practices.
I am pleased to report that the Committee has delivered its final report and has provided me with a comprehensive overview of the problems in the Masters’ Offices and in the liquidation industry. The report also contains recommendations, which have been considered by officials from my Department and departments of Trade and Industry and Treasury. I am in the process of reporting to Cabinet on the Committee’s findings and on the recommendations made by both the Committee and the departmental officials. The report will assist us to achieve our objectives in the Master’s offices.
Although many allegations of corruption were made, the Committee received very few substantiated allegations. In appropriate cases, the allegations were referred to the authorities for investigation. We shall continue our efforts to eradicate corruption completely.
THE NATIONAL PROSECUTING AUTHORITY
The National Prosecuting Authority (NPA) has been a commendable champion of its own vision statement – Justice in our society, so that people can live in freedom and security.
The NPA has achieved numerous successes in its short existence and I hereby wish to acknowledge the excellent contribution of Adv Bulelani Ngcuka in ensuring that the element of professionalism was greatly enhanced.
Through the growth of the NPA , we have seen the emergence of the Sexual Offences And Community Affairs Unit, the Directorate of Special Operations, Specialised Commercial Crimes Court Unit, Priority Crimes Litigation Unit , the Integrity Management Unit , the Assets Forfeiture Unit (inter alia). We eagerly await the success of Project X – the NPA’s plan for Transformation.
DIRECTORATE OF SPECIAL OPERATIONS
The National Prosecuting Authority’s Directorate for Special Operations continues to position itself as an elite crime-fighting agency through the exploitation of key partnerships and co-operations.
Some of the operational achievements of the DSO include:
* A conviction rate of 93% for the year ending February 2005. This is well over the 80% target for the year.
* Proceeds of crime value for the year ending February 2005 was R255.7 million.
ASSET FORFEITURE UNIT
Many issues relating to asset forfeiture have been clarified in the 120 judgements to date. While the success rate in cases brought to court in four years to April 2003 was low, this changed dramatically in the 2003/04 financial year when the Unit won 75% of judgements. This was achieved against a target of 60%. In the last financial year the Unit achieved a success rate of 64%. To further enhance the Unit’s performance, a number of areas have been identified where the relevant legislation will have to be strengthened and clarified.
MODERNISATION PROGRAMME
We have identified modernisation as one of our strategic objectives. The Department has conducted intensive planning and preparations over the past few years towards the modernisation of the Department and the services it renders. The goal is to ensure that we are able to deliver justice services in a simpler, better, faster and cost-effective manner. Critical to our modernisation programme are our e-Justice, human resources development programmes and various projects designed to improve our financial management.
Significant progress has already been made. Five years ago, there were no more than 200 users that were provided with computers and internet connectivity. This year, the Department completed a major exercise providing nearly 10 000 judges, magistrates, prosecutors and administrative personnel with such equipment. This has placed, within easy access to judges, magistrates and prosecutors, vital legal research.
Legal Aid Board
The Legal Aid Board has completed the roll-out of national infrastructure of four regional offices, 57 Justice Centres and 35 Satellite Offices, employing more than 1 500 staff of whom more than 1 000 are legal professionals. The Board continues to provide legal assistance to the indigent, in accordance with the Constitution and other legislative requirements, through the system of in-house lawyers from its Justice Centres and also through outsourcing to private lawyers (a system of judicare) and co-operation partners. With its national infrastructure in place, it can now focus on improving access to clients and communities and also on improving the quality of delivery of our legal services.
Sheriffs’ Profession
We have recently successfully completed Phase 1 of the Sheriffs Transformation Programme. The Sheriffs Amendment Bill is a priority, which is aimed at accelerating representivity within the profession, as well as enhancing accountability and professionalism.
FINANCIAL MANAGEMENT
Honourable Members,
Last year the Department obtained, for the first time ever, a Non-Qualified Audit on its vote account in respect of the 2003/04 financial year. This was an exciting moment because it had never been done in the history of the Department. This major achievement was made possible by the commitment and dedication of the former Director-General, Adv. Vusi Pikoli; the CFO, Mr Alan Mckenzie and all the staff. For this, I salute and thank them. Now, almost a year later in my tenure as Minister, I can favourably report that we continue to make significant progress with the clearance of long-outstanding suspense accounts. A feasibility study is being conducted on the Management of Monies in Trust, and recommendations are eagerly awaited.
The challenges, that we face, are complex and require a measured, but determined approach.
Honourable Members, I wish to applaud the contribution of our outgoing Chief Justice, Arthur Chaskalson. His legacy will be indelible in the annals of our Constitutional Democracy. May I also welcome our new Chief Justice Pius Langa and hereby pledge our support and co-operation to these deserving advocates of Constitutionalism and Human Rights.
I also wish to thank Advocate Vusi Pikoli, now National Director of Public Prosecutions, for his excellent service as Director-General for the Department of Justice and Constitutional Development. At the same time, I wish to welcome Dr Khotso De Wee, our new Chief Operating Officer. Our new Director-General, Advocate Menzi Simelane, will commence on 1 June 2005. We congratulate him on his appointment and eagerly anticipate his commencement. A special thanks to our Acting Director-General, Ms Jacqui Ngeva - for her commitment and contribution over these past two months.
In conclusion, I wish to thank everyone working in and with the Department over the years. I recognise the Deputy Minister, Johnny De Lange, the Chairperson Fatima Chohan and members of the Portfolio Committee for their outstanding work, Judge Presidents and the Judiciary, the leaders and the members of the Magistracy, Chairpersons of the Chapter 9 institutions, the Legal Aid Board and all our Civil Society partners. As custodians of the Constitution, we shall strive to entrench its value system in every aspect of South African society in the spirit of transformation and the realisation of our constitutional democracy. Justice belongs to ALL the people of South Africa!
I thank you.
Issued by: Department of Justice and Constitutional Development
20 May 2005
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