TRANSFORMATION OF THE COURTS: JUSTICE IN PROGRESS

Issued by: Ministry of Justice and Constitutional Development

24 June 1999

Since 27 April 1994 a great deal of progress has been made in transforming the administration of justice under Minister Dr Dullah Omar, and the then Deputy Minister Mmantho Tshabalala-Msimang. For that, they deserve our country's sincere appreciation. Our vision is to assist the Government to create a stable society in which all communities are able to live in peace, safety and security. Therefore, we shall have to re-establish the legitimacy and accountability of the entire judicial system by ensuring that it operates in a way which is not only just, transparent, accessible and representative of the whole South African community, but also restores the rule of law. This will address violence and serious crime, create and establish responsibility for human conduct and behaviour and ensure that a new culture based on respect for human rights is promoted. Much work still needs to be done to instil and maintain public confidence in the courts and to dispel the notion that they have not been effective in the fight against crime - particularly serious crime and crimes against women and children.

DEPARTMENTAL PRIORITIES

To achieve our objectives, the Department of Justice and Constitutional Development will re-prioritise its activities, within the financial constraints of its budget. It will continue to initiate measures to improve efficiency, in accordance with the National Crime Prevention Strategy (NCPS), to fight crime effectively and to deter criminality.

Some of these priorities are listed below:

• The Heath Commission will continue to help deal with corruption and recover amounts due to the state;
• Automated systems will be introduced at the courts and justice offices to improve efficiency. This will assist with the management of cases and work. Budgetary constraints will limited our ability to automate everywhere immediately.
• Court management is being improved and will receive the attention of the management structures established at both Regional/Provincial level and Sub-office levels. Transformation committees will consider matters relating to transformation and improved service delivery.
• The re-engineering of business processes throughout the criminal justice system, as part of the broad National Crime Prevention Strategy to achieve a smooth integration of functions between the Justice and Constitutional Development, Correctional Services and Police Departments will continue.

These actions are aimed at developing an integrated management system for the whole criminal justice system, to improve the arrest, prosecution and conviction rates.

A User Board has been established to manage the integration of processes from Departments involved in the justice system and to fast track certain projects such as the computerisation of Directors of Prosecution Offices and the Deposit Account Maintenance management system. Judicial and administrative functions are also to be separated. Administrative functions in courts should be attended to by court managers/office managers, not magistrates. This process which started in the Eastern Cape will shortly be introduced in other areas.

A National Steering Committee on Court Management was formed to develop cluster structures for districts courts. Magisterial districts have been grouped into 14 clusters headed mainly by Chief Magistrates. Judicial and administrative manuals have been produced for use by judicial officials. These are regarded as tools to make the court management system work within the cluster structures.

• To reduce the high number of remands, a pilot project in which certain courts receive cases to be remanded will continue in major centres and under-utilised staff will be transferred to areas where they are needed. The Department is also involved high level talks with Correctional Services and South African Police Services to improve the criminal justice system.

. Specialised courts have been established to deal with sexual offences involving women and children. In addition, the family court centres have been established.

. Section 9 of the Constitution places a duty on the Department of Justice and Constitutional Development to ensure that courts are accessible to every person and communities particularly those from the previously disadvantaged group. To ensure compliance with the constitution at all times;

• The Department will continue to implement the lay assessor project in order to bring the justice system closer to the community;
• The Department has committed itself to promoting access to legal representation and has implemented measures to extend legal assistance to indigent persons, both in civil and criminal cases. The Department's initiatives in this regard include strategic interventions to broaden the legal profession and access to the services of that profession. The Legal Aid Board will fast track the move away from the judicare system towards an extension of the less expensive Public Defender Scheme.
• To enhance the administration of justice in Southern Africa, initiatives will be continued to procure uniformity which will result in the uniform enforcement of maintenance orders and measures to facilitate closer co-operation to combat crime such as drug trafficking and corruption;
• The S A Law Commission will continue its investigations on a variety of topics, such as those relating to community participation through alternative dispute resolution fora such as mediation, traditional courts and community courts.

In view of the need to have property accommodation and other facilities in our courts, especially in the previously neglected areas of our country, needy courts will be renovated where necessary. This is a priority because the upgraded facilities will lead to increased productivity, boost staff morale and contribute to job creation.

Constitutional obligations in this regard I mention a few:

- The Superior Courts Bill that will rationalise the present jurisdictional areas of the High Courts, leading to increased access to justice in all nine Provinces;

- The Promotion of Equality Bill to give effect to Section 9 of the Constitution;

- The Open Democracy Bill to give access to information as contemplated in Section 32 of the Constitution;

- The Review Powers of Courts Bill to give effect to Section 33 of the Constitution relating to just administrative action;

- Interception and Monitoring Prohibition Amendment Bill which is intended to further regulate and improve the monitoring and interception of communications in the fight against crime;

- Prevention of Crime Fund Bill which is intended to place greater emphasis on the victims of crime through compensation and other interventions.

. The Department will continue with human resource development as a critical component of its strategic planning and implement fully its policy on employment equity and representativity.

. The Department has established an audit committee which is chaired by Mr Mervyn King, a former judge who is assisted by five accountants from public service. The Department is currently busy implementing an internal audit process to improve its financial management system.

The Department will not tolerate late coming, drinking on the job and general misconduct said to be taking place in some of our courts and offices. Serious and decisive steps will be taken against anyone in any position found to be on the wrong side of the code of conduct.

Justice is a very serious issue which requires serious consideration by all stakeholders and we commit ourselves to improving service delivery. In the process we shall consult with civil society and promote and strengthen partnerships between state departments and organisations in civil society.

ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATIONS, ON BEHALF OF THE MINISTRY OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT

PRETORIA

Contact person: Simon Ngomane

(012) 315 1731

082 491 3505