DEPARTMENT OF JUSTICE THE FIRST 1000 DAYS (MAY 1994 - JANUARY 1997): MEDIA BRIEFING PRESENTED BY DR A M OMAR MP, MINISTER OF JUSTICE, 13 FEBRUARY 1997

"JUSTICE FOR ALL"

MISSION

The mission of the new Department has been revisited and is now directed at the following aims:

• To establish and maintain, in the spirit of the Constitution, and through a democratic process of transformation, a legitimate administration of justice which is efficient, accessible, accountable, just, user-friendly and representative of the South African community;
• to exercise and perform administrative powers, duties and functions in an efficient, cost-effective and transparent manner which will ensure that mechanisms are always in place to serve justice;
• to promote equality, freedom, fairness and respect for human rights; and
• to incorporate and expand community participation in the administration of justice.

1. ROLE OF THE DEPARTMENT OF JUSTICE

Our challenge is to create a society in which everyone feels safe and secure in their homes, schools, places of employment and worship, sports fields, shopping complexes, places of recreation and particularly when using public transport. During the period under review, a great deal has been accomplished in this regard as well as towards effecting far reaching changes to the Department of Justice and the administration of justice as a whole, to make it representative, legitimate, just, transparent, accessible and accountable. A lot still needs to be done to instill and maintain public confidence in the administration of justice and to dispel the notion that the courts have not been effective in the fight against crime - particularly serious crime and crimes against women and children. The Department of Justice has therefore initiated a number of important steps to ensure that the courts play an effective and efficient role in the fight against crime, that they serve to deter criminals and help to combat criminality in general. However, problems still exist - for example, bail remains a matter of serious concern and adequate sentencing policies need to be devised. These and other measures to ensure that the Department of Justice plays a meaningful role in the fight against crime, will receive further attention this year.

The steps taken, progress made or achievements in this regard and in the various spheres of activities, amid a shortage of posts, human resources and budgetary constraints, are dealt with in the main document in some detail, so that the past 1000 days can be properly evaluated.

The Justice Department is responsible for the day-to-day running of the court system, and performs these functions in conjunction with the various Magistrates, Judges, and Attorneys-General, who are independent. However, the Justice Department's responsibilities extend far broader than only criminal justice, to include the production of legislation, the establishment of institutions required by the Constitution - such as the Truth and Reconciliation Commission - and the administration of the system of civil justice.

2. COMBATTING CRIME

In respect of crime, it is the responsibility of the Justice Department to ensure that adequate resources are provided to the criminal court system, and that it works fairly and efficiently. The issue of crime received urgent attention and in this regard several initiatives have been taken, both on a national and international level. This is dealt with in detail in the main document, but it can be stated that our aims in this regard is to tighten-up measures in order to protect the community effectively and to help regulate disputes and problems in all communities, in such a way as to demonstrate clearly to all South Africans: "You need no longer take the law into your own hands! You need no longer resort to violence to solve your problems! There are mechanisms and there are procedures which will help to ensure justice and peace throughout the land". This is not only in the interests of justice, but important to instil confidence in the courts.

FOR THE FIRST TIME IN OUR COUNTRY'S HISTORY, A COMPREHENSIVE NATIONAL CRIME PREVENTION STRATEGY (NCPS) HAS BEEN FORMULATED AND PUT IN PLACE TO MEET THESE CHALLENGES HEAD-ON. THIS STRATEGY HAS AS AIM TO EMPOWER THE GOVERNMENT TO DEAL WITH CRIME IN AN EFFICIENT AND MULTI-SECTORAL MANNER.

The NCPS, in which the Department is an active participant, now also makes it possible for much closer co-operation between all the relevant departments that deal with crime. Cross-cutting exercises in this regard is being considered and dealt with for greater efficiency and for closer collaboration and communication between the respective departments and also within the departments concerned. Various business plans were drafted in order to source money from the RDP funds so that the criminal justice system could be made more effective.

The combatting of crime, including crime of an organised transnational nature (which emphasises our new role in the international sphere) and the combatting of corruption have been high on the Justice Department's list of priorities, as is confirmed by the Department's 1996 legislative programme, especially the legislation that was submitted to Parliament for consideration towards the end of the session, which has a bearing on the National Crime Prevention Strategy.

Other aspects include:

a. The criminal jurisdiction of the lower courts will be increased (that is, from I year to a maximum of 3 years in the district courts and from 10 to 15 years in the regional courts) by the Judicial Matters Amendment Bill which will be promoted during the 1997 session of Parliament.

b. The system of lay assessors is being extended. Possible legislation in this regard is being considered.

c. Approximately 188 persons (witnesses and members of their families) are being protected under the Witness Protection Programme (WPP) at present. On 28 March 1996 the Minister of Justice approved the establishment of a National Witness Protection Directorate. This directorate will be established in terms of substantive legislation. As an interim measure, section 185A of the Criminal Procedure Act, 1977 and the related regulations will be amended to address problems faced by the WPP. A business plan relating to witness protection was approved by the NCPS structures and it will be implemented as soon as possible.

d. The creation of a separate juvenile justice system was referred to the South African Law Commission for investigation.

SENTENCING

a. The South African Law Commission is also, inter alia, investigating sentencing which also includes the compensation of victims, guidelines with regard to sentence and community involvement in sentencing. This investigation will address effective sentencing. Provision for minimum sentences in respect of certain offences, for example, gang and drug-related offences as well as the development of a national sentencing policy is also under consideration.

b. The Department has also recently been instructed to include provisions in a Bill, obliging presiding officers to impose compulsory minimum sentences in respect of certain serious offences. These draft provisions have been approved by Cabinet in principle. These provisions have been submitted to various role players, including the Law Commission. The Law Commission's Project Committee which is considering the whole question surrounding sentencing, including the compensation of victims, guidelines with regard to sentences and community involvement in sentencing, have considered these draft provisions, and has indicated that they would like to furnish input thereanent. After all input/comment have been received the matter will be further considered, and Cabinet again be approached to consider the matter. Thereafter the Bill will be promoted in Parliament.

BAIL

a. In depth amendments were affected to the legislation dealing with bail from 21 September 1995 to strengthen the hand of a court to refuse bail where necessary and to provide for more effective prevention of interference with state witnesses. The grounds for cancelling bail were also extended (eg. where an accused poses serious threat to the safety of the public or a particular person). Discussions were in addition held with the attorneys-general and the magistracy relating to bail aspects. It have been stressed that bail should be seriously opposed and refused in deserving cases to protect the interests of the a community. The training of court officials in this regard have furthermore received attention. In relation to bail it is also envisaged that guidelines-will be sent to each Magistrates' Office and all prosecutors so that all the relevant bail provisions are known and everyone is kept up to date with amendments relating to bail. The co-operation and full participation of the community is, however, essential. People should assist the courts in providing evidence to help bring culprits to book and in the opposing of bail.

My view is that courts should be compelled to refuse bail in appropriate cases, and legislation is being considered in this direction; at the same time consideration will be given to constitutional implications. These provisions relating to sentencing as well as those tightening-up the granting of bail, have as aim the strengthening of the hands of Government and the courts in protecting our communities against serious crime and will augment the measures contained in the NCPS.

b. Actions specifically related to national priority crimes such as corruption and white collar crime, drug trafficking and organised crime, as well as the creation of a more effective court management system, and the giving of additional training for magistrates, prosecutors and other justice personnel also received attention and are comprehensively dealt with in the main document.

c. The Department is furthermore part of the Road Traffic Safety Board, which had its first meeting on 31 January 1997, and will assist in promoting cooperation between all the relevant role players, including NGO's. A business plan has been drafted to help combat the road carnage.

3. VIOLENCE AGAINST WOMEN AND CHILDREN

Because of the profoundly negative impact on the empowerment and rights of women and children which rape and domestic violence causes, several initiatives have been implemented by the Department in this regard, as can be seen in the main document.

Mention can, however, be made of the Campaign on No Violence Against Women that the Department has launched. The objective hereof is to raise awareness and educate the community about the problem of violence against women, and receive input from civil society. This input will be presented to the Law Commission with a view to draft legislation which is responsive to the needs of the community. We support the network against violence and wishes to build cooperation with civil society in this regard.

In addition, we are looking at the following aspects:

1. Adequacy of the law - we are revisiting the legal provisions and will, eg. again look at the definition of rape; all input received will be considered and referred to the Law Commission.

2. Prosecutions - we are addressing this and aim at making prosecutions and court management of cases more effective and efficient effective. Training and sensitizing of personnel involved in these issues are also receiving attention.

3. Special courts - There appears to be greater demand for such courts. Despite the attitude of most Attorneys-general against the implementation of such courts, I urge all Heads of Offices and Attorneys- General, to make provision for such courts, wherever possible and especially in the major urban areas.

4. Treatment with compassion - we have embarked on the road to ensure that all women and child victims are treated with compassion in the courts, and training in this regard is envisaged.

4. VICTIM SUPPORT

Various aspects are being dealt with in this regard by the Department, such as making the justice system more user-friendly, witness protection, sensitising of court personnel in relation to cases involving vulnerable groups such as women and children, making courts accessible to child witnesses, special measures relating to rape cases, etc.

What can be highlighted, however, is a new investigation by the S A Law Commission. The following provisional recommendations by the Law Commission's Project committee will be considered by the working committee of the Commission shortly, followed thereafter by the publication of an issue paper for comment. It is proposed that:

a. A Victim's Advisory Council or an office for a Victims of Crime Coordinator be established through legislation to address the plight of victims.

b. Legislation should provide for a number of principles which should govern the treatment of victims. The following principles are proposed:

• Victims should be dealt with at all times in a sympathetic, constructive and reassuring manner and with due regard to his or her personal situation, rights and dignity;
• victims should be informed at reasonable intervals of the progress of police investigations concerning the offence, unless where such disclosure might jeopardise the investigation;
• victims should be informed of the charges laid against the accused;
• victims should be informed of any decision concerning the accused to accept a plea of guilty to a lesser charge or a guilty plea in return for a recommendation on sentencing;
• victims should be informed of any decision not to proceed with a charge against the accused;
• where any property of a victim is held by the state for purposes of investigation or evidence, inconvenience to the victim should be minimised and the property returned promptly;
• a victim should be informed about the trial process and of the rights and responsibilities of witnesses;
• a victim should be protected from unnecessary contact with the accused and defence during the course of the trial;
• a victim's residential address should be withheld unless the court directs otherwise;
• a victim should be given an explanation of the outcome of criminal proceedings and of any sentence and its implications; and
• a victim who is known to have expressed concern about the need for protection from an offender should be informed of the offender's impending release from custody.

4. THE NEW DEPARTMENT OF JUSTICE

The administration of justice is a function of the National Government and as such-does not fall within the functional areas of the provincial legislatures. In terms of the Constitution the eleven former Departments of Justice were amalgamated with effect from 1 October 1994. As a result, the new Department of Justice now consists of a personnel complement of approximately 13 902 persons (as on 9 January 1997) who are utilized in approximately 540 sub-offices, in approximately 610 buildings throughout the country. The Head Office is in Pretoria and Regional Offices are to be established in all the Provinces, in order to rationalise and-decentralise the functions of the Department as effectively as possible.

BUDGET

The budget of the Department amounts to R1 488 694 million for the 1996/97 financial year which represents 0,84% of the total State budget.

When deducting the transfer amounts - which is appropriated on the budget of the Department, but is expended by other agencies such as the Human Rights Commission, Truth and Reconciliation Commission and the Legal Aid Board which amounts to R108 823 million, the budget of the Department represents 0,78% of the total State budget. The Department received an allocation of R1 697 396 million in respect of the 1997198 financial year, which represents an increase of 6,85% on the 1996/97 financial year. When taking into account the increase related to allocations to the Truth Commission, funds required for the establishment of the National Director of Public Prosecutions, and the increase in the salaries of magistrates and the Public Protector, the Department will experience a negative growth of minus 2% in the 1997/98 financial year. Taking into account normal annual cost and tariff increases, the Department will experience an even bigger negative growth in real terms for the 1997/98 financial year.

TRANSFORMATION

• During 1996 a further great deal of important work was done towards effecting far-reaching changes to the administration of justice as a whole to make it legitimate, just, transparent, accessible, accountable and representative of the broad South African community.
• The Ministry and Department of Justice have also met a variety of role players and have consulted the community at large on a multitude of matters relating to the administration of justice, including crime, transformation of the justice system, aspects relating to vulnerable groups and victims of crime and legal education. Contact outside the country, with experts in these fields was also promoted.
• The process of transforming and restructuring the new Department of Justice, which commenced in all earnest on 1 October 1994 when the then existing eleven justice departments were amalgamated, gained further momentum with the approval of the rationalised organigram. The new organigram was developed with due consideration to, inter alia, constitutional developments, the National Crime Prevention Strategy and the White Paper on the Public Service. In this regard, posts have been advertised and are in the process of being filled.
• Rationalisation of pre-election 1994 structures have also received attention. In this regard a new Rules Board for Courts of Law, Board for Sheriffs and South African Law Commission, complying with the aims of representivity, have already been established. The restructuring of these structures has obviously already lead to a shift in emphasis as far as their activities are concerned. It should be noted that although the restructuring of the Magistrates Commission, in order to make it more representative, is still to be done, the Magistrates Act, 1993, has already been made applicable to all magistrates in the whole of the RSA by the Judicial Matters Amendment Act, 1995, which commenced on 1 December 1995, resulting in all magistrates being independent and falling under the jurisdiction of the Magistrates Commission.
• The Directorate Equity has through a process of consultation and negotiation with all relevant employee organizations registered a Departmental policy on the promotion of representivity and employment equity with the Department of Public Service and Administration, which indicated that the policy is in line with the values as stipulated in the Constitution and the White Paper on the Public Service. The Department has made substantial progress in making the Department more representative of the community. As a result of the move towards transformation, various people representing communities other than white have been appointed, not only within the Department, but also on the bench. This is illustrated in the main document.
• The present human resources complement (13 902) of the Department reflects the following situation:

BLACK WHITE COLOURED INDIAN TOTAL M F M F M F M F M F 4391 2689 2449 3423 299 293 134 224 7273 6629 %: 31.619,3 17,6 24,6 2,1 2,1 0,96 1,61 52,3 47,6

With regard to the Management Echelon, the present position is as follows:

BLACK WHITE COLOURED INDIAN TOTAL M F M F M F M F M F 24 0 16 1 1 0 0 0 41 1 %: 57,1 0 28,1 2,4 2,4 0 0 0 97,6 2,4

A new management plan for the Department has been finalized and we are at present in the process of filling the vacancies in the new management structure. This process will be concluded within the next few months and interviews for the Deputy Director Generals have already been concluded. The functions of these new Deputy Director Generals will be the following: Legislation Research, Legal Services, Corporate Services, Human Resources and Regional Co-ordination.

• The following information indicates the progress we have made in making the Bench more representative of our community:

o Magistrates reflect the following situation:

Black males - 413; black females - 59; white males - 669; white fempales - 189; coloured males - 25; coloured females - 5; indian males - 15; indian females 12 (total 1387).

o Regional Court Magistrates reflect the following situation:

Black males - 17; black females - 0; white males - 164; white females - 7; coloured males - 1; coloured females - 0; indian males - 1; indian females - 4 (total 194).

o Since April 1994, 22 persons representative of communities other than white, have been appointed as permanent judges. This includes the appointment of the Honourable Chief Justice, Mr Justice Mahomed. In addition, various chief magistrates, regional court magistrates, regional court presidents and senior magistrates representing other communities, have been appointed. Some examples in this regard are Mr M C Bashe, Chief Magistrate Johannesburg, Mr D S F Kondile, Chief Magistrate Port Elizabeth, Mr T J Raulinga, Chief Magistrate Bloemfontein, Mr M I Mkize, Chief Magistrate Durban, Mr M S Radise, Chief Magistrate Odi, and Mr A V M Lugaju, Regional Court President Cape Town.

• The Department's Gender unit has launched several activities relating to women and children. as is pointed out in the main document.
• The Constitution places a duty on the Department of Justice to ensure that courts are accessible to every person or community, both physically and culturally. The Department has committed itself to address this need under its access to justice focus. The Department is furthermore exploring the development and coordination of the assessor project in order to bring the justice system closer to the community, and is also considering alternative dispute resolution for such as mediation, traditional courts and community courts to facilitate access to justice, bearing in mind the diversity of issues, cultures and constitutional parameters. The Department's access to justice initiative incorporates a community outreach programme and a commitment to the simplification of language used in statutes and the administration of justice and ensuring that as far as possible communication is done in the language understood by all users of the justice system regardless of culture or any other qualifications. The Constitution makes provision for access to legal representation and the Department has committed itself to and has commenced to implement 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 for persons and communities from all cultural groups and economic backgrounds.
• The Department had, since 1994, acquired new statutory and constitutional responsibilities which involve the establishment of and assistance in, for example the administration of the Constitutional Court, Labour Court and the Land Court. The Department's legislative programme has, over the past two years, been dominated by the preparation and promotion of legislation of a constitutional nature, thereby giving effect to the changes required by the Constitution and the new constitutional dispensation. This will most probably be the position for some time to come yet. The changes required are enormous, long term and understandably cannot be effected overnight. The recently enacted new Constitution also requires numerous legislative changes and these will be given priority attention. During the course of the past two years the Ministry and Department have made numerous contacts with international bodies and foreign countries in an effort to bring our judicial system into line with international trends, to facilitate mutual international co-operation, where necessary, and transform our legal system to the benefit of all, in line with the spirit of the Constitution. This international influence has also had a positive effect on issues relating to children and gender, the development of a human rights culture and the combatting of crime, particularly corruption and crime of a transnational character. In these matters as well as others, the emphasis is now more than ever on an inter-sectoral approach, with all relevant State Departments and other role players being involved, right from the outset in the planning stage through to the implementation stage.

5.LEGISLATIVE PROGRAMME

The Department is currently responsible for the administration of about 165 Acts which cover virtually every facet of the administration of justice, including matters connected with human rights, the different adjudication structures, the law of persons and family, admiralty law criminal law and criminal procedure, law of succession, the combatting and prevention of violence, the administration of estates, legal practitioners, investigative bodies and many more. This, for example, shows an increase of 27% on the number of Acts administered in 1991. In addition to the fact that the Department was required to draft a number of Acts which emanated directly from the Constitution, it also had to ensure the drafting of new legislation, as well as the amendment of existing legislation, to conform with the changing views and sentiments of an ever changing society. The new constitutional dispensation moreover requires a revision of all existing legislation which is administered by the Department in order to bring it in line with the provisions of the Constitution, and more specifically, the provisions of the Bill of Fundamental Rights.

The legislative programme since 1994 is set out in detail in the main document, and particular reference is made to the legislative measures that were promoted to help combat crime.

THE 1997 LEGISLATIVE PROGRAMME:

The following Bills have already been introduced into Parliament or are expected to be introduced early in the 1997-Parliamentary Session and promoted during the course of the 1997 Parliamentary Session:

a. Magistrates' Courts Amendment Bill, 1996 b. Prescribed Rate of Interest Amendment Bill, 1996 c. The Abolition of Corporal Punishment Bill, 1997 d. Criminal Law Amendment Bill, 1997 e. Powers of Natural Fathers of Extra-marital Children Bill, 1997 f. Divorce Courts Amendment Bill, 1997 g. Judicial Matters Amendment Bill, 1997

The following legislation is also already receiving attention and will form part of the Department's 1997-legislative programme:

a. Rationalization of Legal Practitioners Bill, 1997. b. Judges' Remuneration and Conditions of Employment Amendment Bill, 1997 c. Debt-Collectors Bill, 1997 d. Sheriffs Amendment Bill, 1997 e. Legal Aid Amendment Bill, 1997 f. National Prosecuting Authority Bill, 1997 g. Assessors Bill, 1997 h. Witness Protection Programme Bill, 1997 i. Establishment of Family Courts Bill, 1997 j. Convention on the Elimination of All Forms of Racial Discrimination Bill, 1997 k. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Bill, 1997 l. The Prevention of Crime Fund Bill, 1997 m. Maintenance Amendment Bill, 1997 n. Criminal Procedure Amendment Bill, 1997 o. Unification of Legal Qualifications Bill, 1997 p. Rationalisation of Courts Bill, 1997 q. Judicial Service Commission Amendment Bill, 1997 r. Human Rights Commission Amendment Bill, 1997 s. Other possible proposed legislation which is receiving attention includes Bills to further regulate the division of pension benefits on divorce, to address a jurisdictional lacuna in the Supreme Court Act, 1959 (Act 59 of 1959), to regulate the review powers of courts in respect of administrative acts, to regulate the declaration and detention of persons as State patients in terms of the Criminal Procedure Act, 1977, and the release of such person in terms of the Mental Health Act, 1973 (Act 18 of 1973), to regulate access to minor children by interested persons and to rationalise the legislation of the former RSA and territories which was not rationalised in 1996.

THE IMPACT OF THE NEW CONSTITUTION ON THE DEPARTMENT is also dealt with in the main document.

6. HUMAN RESOURCE DEVELOPMENT

It is generally acknowledged that the rationalization of the Department brought along new demands in the field of training. The Department consequently identified human resources development as a critical component Of its strategic planning. Interventions aimed at human resources development are specifically reflected in two of the six strategic areas of importance in the "Vision 2000" draft strategic plan. Training and human resource development is furthermore considered so important that it has been identified as part of the Premier projects proposals. Particular projects and further detail in this regard is contained in the main document. Justice College's role is also highlighted there.

What can be highlighted in relation to training, is the valuable assistance we are receiving from foreign instances. For example, the Canada South Africa Justice Linkage Project was launched recently, in terms of which the Canadian Government will donate $5 million Canadian towards the training of judicial officers over a period of four years. The necessary Memorandum of Understanding was signed on 19 September 1996 and an infrastructure for the implementation of the project is soon expected to be in place. This will assist in decentralising training and also in involving civil society, including NGO's in training initiatives. Similarly we are receiving assistance from the United States of America, Australia, France and others. For this the Department is very appreciative.

7. THE WORK OF THE SOUTH AFRICAN LAW COMMISSION have been significant in our transformation process and is therefore focussed in some detail on in the main document. The main policy embraced by the new restructured Law Commission is that emphasis should be placed on the fact that the Commission is a community orientated institution and that it should be seen by members of the public as a body that is subservient to the needs of the community. It is therefore imperative that the community should become involved in the Commission's activities at grassroots level and that the Commission should not be viewed by the public as an academic and aloof institution. Their PLANNING FOR 1997 includes aspects relating to Maintenance, Family Violence, Juvenile Justice, Sexual Offences against children, Recognition of customary marriages, Islamic personal law, Simplification of Criminal Procedure, and Sentencing.

8. GENERAL ASPECTS

The main document also gives full detail relating to aspects such as:

• PROGRESS MADE WITH THE TRANSFER OF AGENCY FUNCTIONS TO/FROM OTHER DEPARTMENTS AND PROVINCIAL ADMINISTRATION;
• UPGRADING OF ADMINISTRATION OF JUSTICE IN THE FORMER TRANSKEI;
• BOOSTING OF AUXILIARY SERVICES;
• PROGRESS ON THE ESTABLISHMENT OF REGIONAL OFFICES FOR THE DEPARTMENT IN THE NINE PROVINCES; and
• CONVERSION OF EXISTING JUSTICE STRUCTURES TO PROVIDE ADEQUATE FACILITIES FOR PHYSICALLY DISABLED PERSONS. In relation to this last-mentioned aspect it can be pointed out that the upgrading and subsequent conversion of all buildings presently utilised by the Department of Justice, was initiated by the Department of Public Works during 1995 and has since been effected as a National Project. Most centres such as magistrate's courts, Supreme Court Buildings etc are provided with either inadequate or no facilities to service the disabled community. The consequent upgrading of buildings in line with specified criteria, involves the provisioning of access ramps at all entrances and staircases in- and outside buildings, specialised toilet- and parking facilities. The overall programme is one of urgency and more than 250 projects have been launched country-wide and are to be completed as part of the RDP-initiative. Planning of the services in most cases have reached an advanced stage of completion, tenders invited and contracts awarded to construction firms.

What can also be pointed out in this regard, is that the Accommodation Section of the Department has embarked on the formulation of an extensive and detailed Business Plan in which all accommodation requirements at those centres as identified to be in dire need of revamping on a major scale, were listed and duly promoted with the RDP office for possible financial assistance. The Business Plan comprises a listing of 96 services pertaining especially to those centres in the former self-governing territories and TBVC states and range from repair and renovation services as well as the provision of additional accommodation, to the erection of complete new court structures. The appropriation of funds for these services is receiving attention. The prime object of the Business Plan is the eventual and practical provisioning of judicial services in all of the nine provinces, to all communities where the administration of justice and it's related functions are urgently needed. The re-vamping process entails a number of services which, cumulatively, serve to bolster proper application of the maxim "justice for all".

Due to ongoing neglect and a constant non-availability of adequate funds, the general condition of most rnagistrate's courts has regressed appallingly and funds will be well applied in the eventual repair and renovation thereof.

9. CONCLUDING REMARKS

Please refer to the main document in this regard. However, in general the following can be highlighted:

• During September 1995 the Minister established a planning unit to assist the Department in drawing up a medium to long-term strategic plan for the transformation and rationalisation of the administration of justice. During 1996 a draft strategic plan called "Justice Vision 2000" was circulated to all the different sectors of the Department, the legal fraternity and the public for discussion, comments, criticism and input. In this regard workshops were held in all nine Provinces so that the contents of this document, which indicates a broad framework for the future of the administration of justice, could be brought under the attention of all and an informed response be elicited. This document will, during 1997, be refined and form the basis of a White Paper - which will be thereafter widely consulted upon- encapsulating government policy in this regard.
• Justice Vision 2000 identified six strategic areas, namely the Department of Justice; Access to Justice; Crime, Safety and Security; Structures Administering Justice; Training, and the Legal Profession. In respect of each of these areas certain projects for immediate implementation have been identified. They are called "Premier Projects". More than 20 Business Plans have been developed and is receiving attention, for the purpose of sourcing funding and for the implementation of these projects .
• In order to facilitate the participation of civil society in the transformation of the legal and judicial systems and so ensure inclusivity, transparency and democracy, the Minister of Justice has since 1994 convened a number of consultative legal fora. These fora made it possible to discuss frankly the transformation of the administration of justice, crime, community perceptions about the justice system, community involvement in crime and issues of general concern to both the Department and the broader South African community, and so assist in the shaping of a new justice system.
• The Department of Justice has a vision that the community should fully participate in the administration of justice and its structures so that we become partners in our endeavours to combat and prevent crime. The Department is stretching out its hand to communities to assist it in its task and the community is invited to participate wherever and in whatever way possible in the administration of justice. The Justice Vision 2000 draft strategic plan of the department focuses in particular on the fact that the department should not only be transparent and accountable, but also that it must join hands with the community. Aspects such as community outreach programmes whereby knowledge of the law and assistance to members of all communities with regard to the law is envisaged, forms part and parcel hereof.

As can be seen from the above, and the enormous work already done, in the short period since April 1994, the transformation and the democratisation of the legal system and its institutions in particular are well under way.

Issued by the Ministry of Justice, 13 February 1997