To Dr P M Maduna, MP Minister for Justice and Constitutional Development
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intro/contents/chapt1 26/09/2001 12:19 Page i To Dr P M Maduna, MP Minister for Justice and Constitutional Development I have pleasure in presenting to you the Annual Report for the Department of Justice and Constitutional Development for the period of 1 July 2000 to 31 March 2001. Mr Vusi Pikoli Director-General: Justice and Constitutional Development Message from the Minister It is with pride that I accept this Annual Report, the first in its new format to take into consideration the provisions of the Public Finance Management Act, 1999 (Act 1 of 1999). The achievements contained in this report is yet again indicative of the dedication, commitment and loyalty of all departmental officials, from the most junior to the management echelon. I wish to thank the Deputy Minister, Director-General and his staff for the hard work during the past year. We are yet another step closer towards our goal of transforming the justice system into one that would render justice for all. Dr PM Maduna Minister for Justice and Constitutional Development i intro/contents/chapt1 26/09/2001 12:19 Page ii ISBN NO. 0-621-31572-9 RP NO. 158/2001 PRINTED FOR THE GOVERNMENT PRINTER PRETORIA BY FORMESET PRINTERS CAPE intro/contents/chapt1 26/09/2001 12:19 Page iii Contents Chapter 1 Preface 2 Chapter 2 National Head Office Legislation Research Branch 6 Legal Services Branch 17 Human Resources Branch 40 Regional Coordination Branch 74 Corporate Services Branch 77 Chapter 3 State Law Adviser’s Branch 105 Chapter 4 Family Advocate’s Branch 110 Chapter 5 Registrar’s Branch 113 Chapter 6 State Attorney’s Branch 115 Annexures Report of the Auditor General - Part A Report of the Auditor General - Part B Financial Statements of the Department intro/contents/chapt1 26/09/2001 12:19 Page 1 Chapter One - Preface intro/contents/chapt1 26/09/2001 12:19 Page 2 1.1 The past year under review saw the introduction or Prosecutions. This will ensure that these independent bod- successful in securing the tender to develop the CPP for the court facilities at the Commercial Courts. During the year completion of a multitude of departmental initiatives and ies will be able to address concerns at the most senior organ Department, has made good progress with the development under review, a further court in Pretoria was created with programmes. We are indeed proud of the progress made in of the Department. Also included as non-executive mem- of an integrated court system for both criminal and civil the assistance of BAC. Philips South Africa has also con- various areas to improve the administration of justice. bers of the Board are members of the legal fraternity, a sen- cases. The CPP has to a large extent re-engineered the way tributed to the upgrading and renovations of the court in Various programmes were designed to make justice more ior business executive and a chartered accountant. The in which our courts will function and provide them with Newlands, whereas Vodacom made substantial contribu- accessible to members of the public through transformation accounting officer and managing directors of the other the necessary tools to deal with the caseloads and the man- tions towards the Wynberg (Alexandra) courts. of existing legislation, technological advancements and seven business units are to serve as the executive members agement of courts in a more effective manner. During the Partnerships such as these can only strengthen our hands in measures to make courts more effective and efficient. In of the Board. Business Units are self-contained structures pilot project it was established that it is possible to elec- the fight against crime and corruption. some areas office accommodation was upgraded, while pro- with clearly defined responsibilities and are accountable to tronically manage and control criminal cases from its ori- grammes were also embarked upon to make justice more the Board for their performance. Among the Business Units gin, up until sentence is passed and the accused is handed Crime and Corruption accessible, especially in regard to children awaiting trial. are the three line function structures dealing with all court over to either the Department of Correctional Services or 1.14 Combating crime remains one of our greatest challen- services, legal services to the state and the public and the Welfare. Strict security measures have been built into the ges and will feature as a priority for the Department for a TRANSFORMATION OF THE DEPARTMENT Master’s Office. The supporting Business Units, that are system by means of biometric identification/verification substantial time. It goes without saying that the high levels designed to formulate policy at a national level, are the and encryption technology. In civil cases, the proposed of crime not only influence our economic growth, but also 1.2 During the past few months, the Department has office of the CFO, Human Resources, Information and business solution will cover the full spectrum applicable to places a tremendous burden on our courts. The Department embarked upon a restructuring process. This was done to Systems Management and Communication and Public courts, ranging from interaction with private attorneys and is continuously revising the criminal justice system and laws achieve better service delivery to the public and to ensure Education. sheriffs, the registration and administration of case docu- within the ambit of its line functional responsibility to that the Department conducts its business in an efficient mentation, the scheduling of hearings, the recording of eradicate crime. and cost-effective manner. In terms of restructuring, our 1.6 An Executive Management Committee (EXCO) has results and the notification to the public of the outcome. resources, both human and financial, are directed towards also been created, to ensure implementation of depart- Legislation the core business functions of the Department. Therefore mental policies and facilitate coordination between the 1.10 An impressive demonstration of the criminal court 1.15 In a rapid changing society the law requires constant the emphasis is placed on courts and access to justice in Business Units. This marks the turning of a page with a new process was recently held in Cape Town for Members of revision to align statutes with the changing demands of general. approach to doing business in our Department. Although Parliament. Significant progress has been made in regard to society. The following legislation highlights how society this Annual Report will reflect upon work carried out in the civil court process and it was reported that officials at demands rapid intervention from our departmental law- 1.3 In this regard significant progress has been made with terms of our previous structure, readers should take note of the Johannesburg and Durban pilot sites are undergoing makers: the creation of business units, aligned to the Department’s new managerial developments, since next year’s Annual training to familiarise them with the new systems. line functions. Acting Managing Directors were appointed • Protected Disclosures Act, 2000 (Act 26 of 2000) - Report will be in accordance with the new departmental to spearhead the transformation process of the Department. makes provision for procedures in terms of which structure. 1.11 As far as the much publicised e-Justice system for the They are as follows: employees in both the public and private sector may Department is concerned, good progress has been made disclose information regarding unlawful or irregular • Court Services - Mr Simon Jiyane Colloquium with the development of the Digital Nervous System conduct by their employers or other employees. The • Legislative and Constitutional Development - 1.7 During the year under review the Department also Project (DNS) and the Financial Administration System Act also provides for the protection of employees from Mr Deon Rudman hosted a legal colloquium, with the aim to discuss: (FAS), whereby sub-offices would be linked electronically being subjected to an occupational detriment on • Master of the High Court - Mr Mike Tshishonga and enabled to communicate with one another. It is hoped • the strengths and weaknesses of the judicial system; account of having made a disclosure which is protected • Financial Management - Mr Alan Mackenzie that the successful implementation of these projects will • challenges facing the administration of justice; in terms of the Act. • Legal Advisory Services - Mr Enver Daniels lead to the elimination of duplication, as well as unneces- • the structure and hierarchy of the courts; and • Human Resources - Ms Jackie Ngeva sary red tape in the workplace. It is clear that the techno age • other relevant issues affecting service delivery and its • Information Management Services - Mr Hassen has finally dawned upon justice officials. • Cross-Border Insolvency Act, 2000 (Act 42 of 2000) - impact on access to justice. Ebrahim which emanates from an investigation by the South • Public Education and Communication - Mr Clive Upgrading of Courts African Law Commission, gives effect to a resolution of Barrows 1.8 The two-day conference was held in Centurion and 1.12 During the year under review progress was made with the General Assembly of the United Nations, which attended by various stakeholders in the legal fraternity, the upgrading of court buildings, especially in the previous- recommended that states review their legislation on 1.4 Mr Alan Mackenzie was seconded from Business including members of the bench, the organised profession, ly disadvantaged areas. Court buildings such as those at cross-border insolvency with the view to considering Against Crime (BAC) to act as Chief Financial Officer. He academics, officials and NGOs. Post-colloquium reports Tsomo and Sterkspruit were completely revamped and the Model Law on Cross-Border Insolvency of the is to assume responsibility for the financial matters within were furnished to the Minister for his consideration, and upgraded and we are now proud to serve the public from United Nations Commission on International Trade the Department.