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Annual Report 2006/07

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Annual Report 2006/07 Annual Report 2006/07 THEDOJCD Department: Justice and Constitutional Development REPUBLIC OF SOUTH AFRICA TABLE OF CONTENTS Foreword by Minister BS Mabandla, MP ............................................................................. 2 Part 1 - General Information ............................................................................................... 3 Part 2 - Programme Performance ....................................................................................... 9 Part 3 - Report of the Audit Committee ............................................................................. 83 Part 4 - Annual Financial Statements .................................................................................. 85 a - DoJ&CD Financial Statements (excluding NPA) Vote 23 ............................................... 85 b - NPA Financial Statements Vote 23 ................................................................................. 149 c - Consolidated Financial Statements (DoJ&CD and NPA) ................................................ 193 d - Third-Party Funds .......................................................................................................... 203 Part 5 - Human Resource Development ............................................................................. 233 Abbreviations and Acronyms .............................................................................................. 267 Foreword by Ministerannual Mabandla report The Department of Justice and Constitutional Development’s core own and are entirely dependent on the main court areas mandate is inter alia to uphold the Constitution and provide for an to deliver essential justice services. By conferring primary appropriate environment for all people to exercise and enforce their jurisdiction to the initial 24 courts, an estimated 7 million rights. In order to achieve this the Department must ensure proper people served by these courts collectively will be spared administration of courts. Therefore we are paying special attention to the hardships and pain of enduring long distances and high the administration of courts to ensure efficiency in the dispensation of costs to access courts and services outside their areas of justice. One of our greatest challenges in the administration of justice residence. The question of access to justice for our people is the establishment of an efficient and well-capacitated court system. will continue to be a priority for the Department. For a long time, Justice services have not been readily available During the period under review we reaffirmed our commitment in most communities. The Department’s efforts to provide to this by improving human resource capacity, by appointing services related to the Guardian’s fund, maintenance 226 court managers and creating 47 magistrates’ positions. and the administration of estates, closer to the people, This increased the number of magistrates to 1912. In addition, reflects our commitment to implementing Government the budget allocation of the National Prosecuting Authority (NPA) programmes of service delivery. Much work must still be was increased gradually in order to realise our aim of appointing done in this regard. two prosecutors per court for serious offences heard in the Regional Courts. The continued prosecution of criminal matters is I take this opportunity to recommit the Department to impacting on our criminal justice system. The NPA continued to ensuring access to justice. maintain a high conviction rate averaging 87%. This goes a long way in maintaining confidence in the criminal justice system. In order to further enhance access to justice, we have decided to review the old apartheid-drawn jurisdictional areas of the lower courts because they continue to limit access to justice for people. In terms of the current areas of jurisdiction, most of the Magistrates’ Courts Mrs B S MABANDLA, MP in the rural and former black townships exercise limited jurisdiction MINISTER FOR JUSTICE AND CONSTITUTIONAL within specific boundries. They have no staff or budgets of their DEVELOPMENT 2 Part 1 General Information General Informationannual report 1.1 To Mrs BS Mabandla, MP, Minister for Justice and Furthermore, ten major renovation projects were undertaken, Constitutional Development of which six were in the previously disadvantaged and rural I have the honour in submitting the 2006/07 Annual Report for areas. There are currently six new buildings to five existing court the Department of Justice and Constitutional Development in buildings in construction at Daveyton, Tsakane, Motherwell, terms of the Public Finance Management Act, 1999. Colesberg, Sekgosese and Augrabies. Major additions are currently being executed at the Supreme Court of Appeal in Bloemfontein, Mitchell’s Plain, Ceres, Polokwane (Permanent) 1.2 Introduction by the Head of the Department Circuit of the High Court, and Stanger. New construction The Department of Justice and Constitutional Development projects will commence in the course of this year at Kagiso, (DoJ&CD) has entered this second decade of our democracy Galeshewe, Ekangala and Thabong. with a greater recognition of the need in our country for greater access to justice. A modern and efficient justice system; The Department will also continue in gradually substituting responsive to the needs and aspirations of all South Africans is the Periodical Courts with proper full-time courts to increase one of the ways to achieve access. Such a system is not only key access. In their current form, Periodical Courts provide services to establishing credibility and legitimacy to our legal system, it will relating to criminal trials only and exclude maintenance, domestic also be key in defining the South Africa we all want. violence, deceased estates and children’s court enquiries. We have seen that these services are continually needed by It is for this reason that we have held in high esteem our three key strategic goals, which are: the vulnerable members of our society. The Department has therefore procured an extra 35 mobile courts to be deployed t FOTVSJOHBDDFTTUPKVTUJDFGPSBMM to sites where Periodical Courts are currently held in police t FOIBODJOHPSHBOJTBUJPOBMFGmDJFODZ stations and prisons. The Department will continue to provide t USBOTGPSNJOHKVTUJDF TUBUFBOETPDJFUZ temporary accommodation (mobile units) to identified points until it is possible to build permanent courts. The Department’s focus on these three key strategic goals is reflected in the deliberate shift in the allocation and utilisation We are, however, well aware that there is still a huge backlog of the financial and human resources. Our resource allocations in the provision of court facilities, particularly in many remote demonstrate the concerns we have in addressing the historical and densely populated areas. The Department is committed to inequalities in the distribution of justice services and resources resolve these challenges. to the people living in marginalised areas such as townships and Access to justice also requires us to educate our people on their rural areas. rights and the services we offer. We have worked hard this year to raise awareness on the Equality Courts, Victims Charter, as Access to Justice for all well as child and spouse maintenance. The implementation of We have come to recognise the importance of proximity the Service Charter for Victims of Crime will continue with an to justice services for the disenfranchised, the poor, and the increased focus on educating victims about their rights and the vulnerable portions of our populations. We are driven to not services they can expect at courts. Through Operation Isondlo only ensure that they are protected under the law, but also that in the Maintenance Courts, services in respect of maintenance they have equitable access to justice. have increased and improved tremendously thereby ensuring greater access to maintenance for women and children. During the year under review, the Department has increased The Electronic Funds Transfer (EFT) Project, aimed at helping its efforts in rehabilitating some of the existing and aging court maintenance beneficiaries get their funds efficiently, is currently infrastructure. Of the R308 million spent on infrastructure, paying R26 million to 13 000 beneficiaries. We are particularly R60 million was spent towards the upgrading of existing facilities proud that this initiative has introduced most of these under the Repair and Maintenance Programme (RAMP). beneficiaries to the formal banking sector for the first time. Currently, a total of 301 courts are now registered on The RAMP and are in various stages of execution. 4 annual report 2006/2007 Enhancing Organisational Efficiency t " TDBOOJOH TPMVUJPO XBT EFWFMPQFE UP BTTJTU XJUI UIF scanning of all relevant court documents. A total of To improve our provision of access to justice we have focused approximately 280 scanners were procured and placed on improving our organisational efficiency. The Department at various courts throughout the country in all provinces. identified the modernisation of the justice systems in our courts. The scanners will save time to track and trace misplaced or We have devoted much of our attention and focus to making this stolen documents. a reality. Modernisation of our systems is not only best in helping us keep up with the changes and the challenges of our business, The Department is further improving the modernisation of but also makes our services responsive to the growing needs of deceased and
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