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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
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