INTEGRATED ANNUAL REPORT 2018-2019
THE CONSTITUTIONAL RIGHT OF ACCESS TO JUSTICE FOR ALL, CONTRIBUTING TO BUILDING A JUST SOCIETY
VISION
A SOUTH AFRICA IN WHICH THE RIGHTS AND RESPONSIBILITIES ENSHRINED IN THE CONSTITUTION ARE REALISED TO ENSURE EQUALITY, JUSTICE AND A BETTER LIFE FOR ALL.
MISSION
TO BE THE LEADER IN THE PROVISION OF ACCESSIBLE, SUSTAINABLE, ETHICAL, QUALITY AND INDEPENDENT LEGAL SERVICES TO THE POOR AND VULNERABLE.
VALUES
• PASSION FOR JUSTICE AND PROTECTION OF HUMAN RIGHTS • UBUNTU • INTEGRITY • ACCOUNTABILITY • SERVICE EXCELLENCE • PEOPLE CENTRED
LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 SUSTAINABLE DEVELOPMENT GOAL 16 TARGET 16.3 Promote the rule of law at the national and international levels, and ensure equal access to justice for all
LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 1 LEGAL AID SA NATIONAL FOOTPRINT LEGAL AID SA INFRASTRUCTURE Musina
Makhado Thohoyandou Mozambique Local Offi ces Soshanguve Bochum Giyani 64 NORTH WEST Pretoria Lephalale LIMPOPO Polokwane Tzaneen Phalaborwa GAUTENG Modimolle Mokopane Tembisa Lebowakgomo Krugersdorp N1 Burgersfort Alexandra MPUMALANGA Satellite Offi ces Johannesburg Benoni Bushbuckridge Botswana Siyabuswa 64 Germiston Soweto Nigel Groblersdal Westonaria Nelspruit N4 Ga-Rankuwa Heidelberg Kwa-Mhlanga N4 Vereeniging Witbank Tonga Mafikeng Rustenburg Middelburg Provincial Offi ces Lichtenburg Eerstehoek NORTH WEST GAUTENG MPUMALANGA 6 Delareyville Carletonville Ermelo Swaziland Potchefstroom Secunda Vryburg Namibia Klerksdorp Piet Retief Standerton N2 Ingwavuma Kuruman Wolmaransstad Frankfort Vrede National Offi ce Hartswater Kroonstad Newcastle Mkuze 1 Vryheid N14 Welkom N3 Bethlehem Dundee Upington Ulundi Postmasburg Phuthaditjhaba Ladysmith RECRUITED STAFF: 2,557 Kimberley FREE STATE Bloemfontein Ficksburg KWAZULU-NATAL Empangeni Ladybrand Estcourt Greytown N12 Botshabelo Pietermaritzburg Stanger Prieska Lesotho Criminal Legal 1,622 Springbok Bulwer Verulam NORTHERN CAPE N1 Pinetown Durban Ixopo Umlazi Umzinto De Aar Kokstad Aliwal North Sterkspruit N7 Colesberg Port Shepstone Bizana Mount Frere Support 536 N6 Elliot Calvinia Victoria West Lusikisiki Vredendal Mthatha NATIONAL FOOTPRINT NATIONAL EASTERN CAPE N10 Queenstown Cradock Beaufort West Butterworth Graaff-Reinet Stutterheim Vredenburg N1 King Williams Town Civil Legal 220 N9 Somerset East Fort Beaufort WESTERN CAPE East London Legal Aid SA Local Office Malmesbury Oudtshoorn Kirkwood Atlantis Uitenhage Grahamstown Satellite Office Bellville Worcester N2 Cape Town Swellendam Riversdale Humansdorp Athlone Stellenbosch Port Elizabeth Mitchells George Paralegals 180 Plain Caledon NEW LEGAL FINALISED LEGAL CRIMINAL/CIVIL LEGAL ADVICE AID MATTERS AID MATTERS NEW MATTERS MATTERS
416,203 410,396 416,203 308,050
�■ Local Offi ces 398,203 � �■ Local Offi ces 393,442 � �■ Criminal 362,213 � �■ Local Offi ces and � ■ Judicare 11,204 ■ Judicare 9,972 ■ Civil 53,990 Satellite Offi ces 228,523 ■ Co-operation ■ Co-operation ■ Legal Aid Advice Line 47,921 Agreements 5,829 Agreements 5,985 ■ Remand Detainees 31,606 LEGAL SERVICES DELIVERY LEGAL SERVICES ■ Agency Agreements 937 ■ Agency Agreements 971 Impact Litigation 30 Impact Litigation 26
Total Staff (Budgeted) 2,756 Total Budget R1,900,043,664
Total Staff (Recruited) 2,557 Expenditure 98%
Turnover Rate (excluding Contract Staff) 5.8% Auditor-General Report Unqualifed and Clean AND FINANCE Top Employer Accreditation 10th Year Number of years of 18th Year
PEOPLE DEVELOPMENT PEOPLE DEVELOPMENT Unqualifi ed Audits
2 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 CONTENTS
PART A: GENERAL INFORMATION PART D: SUSTAINABILITY REPORT
1. Legal Aid South Africa General Information 4 Sustainability Report (including Stakeholder Report) 74 2. Scope and Boundary of the Integrated Annual Report 8 PART E: HUMAN RESOURCES MANAGEMENT 3. Strategic Overview 9 3.1 Strategic Outcome Oriented Goals 9 1. Overview of Human Resources Matters at 4. Legislative and Other Mandates 10 the Public Entity 93 4.1 Constitutional Mandate 10 2. Set Human Resources Priorities for the year 4.2 Legislative Mandate 10 under review and the Impact of these Priorities 93 4.3 Public Finance Management Act 11 3. Workforce Planning Framework and Key 5. Organisational Structure 12 Strategies to attract and recruit a skilled and 6. Foreword by the Chairpersons 15 capable Workforce 94 7. Chief Executive Officer’s Overview 18 4. Employee Performance Management Framework 94 5. Employee Wellness Programme 95 PART B: PERFORMANCE INFORMATION 6. Policy Developments: Highlights, Challenges, Future Goals 95 1. Statement of Responsibility for 7. Human Resource Oversight Statistics 96 Performance Information 25 2. Auditor’s Report: Predetermined Objectives 25 PART F: FINANCIAL INFORMATION 3. Overview of Legal Aid SA’s Performance 26 3.1 Service Delivery Environment 26 1. Statement of Responsibility 105 3.2 Organisational Environment 29 2. Report of the Chief Executive Officer 105 3.3 Key Policy Developments and Legislative 3. Report of the External Auditor 108 Changes 30 4. Annual Financial Statements 112 3.4 Strategic Outcome Oriented Goals 31 3.5. Legal Aid South Africa Report on the PART G: LEGAL AID SA CONTACT DETAILS Six Capitals 31 4. Performance Information by Programme 34 1. Legal Aid SA National Office 155 5. Summary of Financial Information 52 2. Legal Aid SA Provincial Management 156 3. Legal Aid SA Local Offices and Satellite Offices 159 PART C: GOVERNANCE
1. Introduction 55 2. Portfolio Committee 56 3. Executive Authority 56 4. The Accounting Authority (Board) 56 5. Risk Management 63 6. IT Governance 68 7. Internal Control 68 8. Internal Audit Function 69 9. Compliance with Laws and Regulations 69 10. Fraud and Corruption 70 11. Minimising Conflict of Interest 71 12. Code of Conduct 71 13. Health, Safety and Environmental Issues 71 14. Board Secretary 71 15. Report of the Audit Committee 72
2 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 3 PART A GENERAL INFORMATION
4 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GENERAL INFORMATION
1. LEGAL AID SOUTH AFRICA GENERAL INFORMATION
REGISTERED NAME: Legal Aid South Africa
PHYSICAL ADDRESS: Legal Aid House 29 De Beer Street Braamfontein Johannesburg 2017 South Africa
POSTAL ADDRESS: Private Bag X76 Braamfontein 2017
TELEPHONE NUMBER/S: +27 11 877 2000
FAX NUMBER: +27 11 877 2222
EMAIL ADDRESS: [email protected]
WEBSITE ADDRESS: www.legal-aid.co.za
EXTERNAL AUDITORS: Auditor-General South Africa 300 Middel Street New Muckleneuk Pretoria 0011
BANKERS: First National Bank 92-94 Jorissen Street Braamfontein 2017
BOARD SECRETARY: Mr Langa Lethiba
4 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 5 GENERAL INFORMATION
List of Tables
Table 1 List of Abbreviations/Acronyms
Table 2 Legal Aid SA Corporate Dashboard
Table 3 Legal Aid SA Corporate Dashboard Provincial Split
Table 4 Annual Performance Report
Table 5 Summary of Financial Information
Table 6 Attendance at Board Meetings
Table 7 Composition of New Board
Table 8 Composition of Board Committees
Table 9 Strategic Risks and Mitigating Controls and Opportunities
Table 10 Average percentage completion of the Register of Interest by employees – three-year comparison
Table 11 Details of the Audit Committee members, qualifications, date of appointment/termination
Table 12 Engagement with Stakeholders
Table 13 Personnel Cost by Business Unit
Table 14 Personnel Cost by Salary Band
Table 15 Performance Rewards
Table 16 Training Costs
Table 17 Employment and Vacancies per Province
Table 18 Employment Changes
Table 19 Employment and Vacancies per Critical Occupation
Table 20 Reasons for Staff Leaving
Table 21 Labour Relations: Misconduct and Disciplinary Action
Table 22 Equity Target and Employment Equity Status
Table 23a Legal Aid SA Local Offices
Table 23b Legal Aid SA Satellite Offices
6 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GENERAL INFORMATION
Table 1: List of Abbreviations/Acronyms This is an alphabetical list of abbreviations and acronyms used. Whilst many are generic in nature, some are specifically used at Legal Aid South Africa.
AFS Annual Financial Statements IJS Integrated Justice System
A-G Auditor-General Local Office/ Legal Aid SA Local Office LO Previously: Justice Centre
CA(s) Candidate Attorney(s) Legal Aid SA Legal Aid South Africa
CAOSA Centre for the Advancement of Community LQAU Legal Quality Assurance Unit Advice Offices of South Africa
CARP Capital Asset Replacement Programme LSM Living Standards Measures
CAT Children Awaiting Trial MIS Management Information System
CBO Community-Based Organisation MoJ Minister of Justice and Correctional Services
CJSR Criminal Justice System Review MTEF Medium Term Expenditure Framework
CPD Corporation for Public Deposits NEEC National Efficiency Enhancement Committee
CRO Chief Risk Officer NGO Non-Governmental Organisation
CSA Control Self-Assessment NT National Treasury
DC District Court IR Integrated Reporting
DoJ & CD Department of Justice and Constitutional PFMA Public Finance Management Act Development
EA Executive Authority PEEC Provincial Efficiency Enhancement Committee
EE Plan Employment Equity Plan RC Regional Court
eLAA electronic Legal Aid Administration System RDs Remand Detainees
EVP Employee Value Proposition PE Provincial Executive Previously: Regional Operations Executive
FBO Faith Based Organisation SAICA South African Institute of Chartered Accountants
FY Financial Year SCA Supreme Court of Appeals
GRAP Generally Recognised Accounting Practice SDGs Sustainable Development Goals
HC High Court SCM Supply Chain Management
HCU High Court Unit Satellite Legal Aid SA Satellite Office Office/SO
HoO Head of Office SOP Standard Operating Procedure Previously: Justice Centre Executive
HR Human Resources SP Strategic Plan
IFRS International Financial Reporting Standards UN United Nations
6 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 7 GENERAL INFORMATION
2. SCOPE AND BOUNDARY OF THE INTEGRATED ANNUAL REPORT
The Integrated Annual Report covers the activities and results of Legal Aid South Africa for the period 1 April 2018 to 31 March 2019. The Integrated Annual Report has been prepared in compliance with the National Treasury (NT) Guide for the Preparation of the Annual Reports, the NT Regulations, NT Framework for Strategic Plans and Annual Performance Plans, the PFMA, and benchmarked against other relevant guides and codes, in particular the International Integrated Reporting (IR) Framework.
Statement from Governing Board acknowledging its responsibility for ensuring the integrity of the Report
The Board of Directors (Board) acknowledges its responsibility to ensure the integrity of the Integrated Annual Report. The Board has accordingly applied its mind to the Integrated Annual Report and in the opinion of the Board, the Integrated Annual Report addresses all material issues, and fairly presents the performance of Legal Aid SA and its impacts.
The Integrated Annual Report has been prepared in keeping with best practice and the recommendations of the King IV Report on Corporate Governance (“King IV”) (Part 5.2 and in particular Principle 5 of the Code).
The Integrated Annual Report was approved by the Board of Directors on 27 July 2019 and signed on their behalf by:
Ms Vidhu Vedalankar Chief Executive Officer: Legal Aid SA
Judge Motsamai Makume Chairperson: Board of Legal Aid SA
Why would anyone break into the premises of the SOS Children’s Villages? This was the question faced by the Legal Aid SA Bellville Local Office when they had to represent a minor child who was charged with housebreaking. It later transpired that Legal Aid SA's client had previously been declared a child in need of care and protection and lived at the SOS Village. When the court order expired, the accused was placed back in the care of his family. However, as a result of maltreatment by his family, the accused ran away and back to the SOS Village. He broke into one of the vacant houses for shelter. The legal practitioner realised that the child committed the offence to meet a basic need, namely the need for shelter, and to be free from abuse. Legal Aid SA engaged the Department of Social Development and the client’s previous probation officer to facilitate a referral to a Children's Court, in order for an inquiry to be conducted so that the client can once again be declared a child in need of care and protection, and their rights upheld.
8 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GENERAL INFORMATION
3. STRATEGIC OVERVIEW O6: Embedding good governance, high ethical standards and integrity, high performance and accountability. The 2018-2019 financial year was the fourth year of O7: Revised Legal Aid Act and its subsidiary legislation implementation of the Legal Aid South Africa Strategic Plan enacted and implemented. 2015-2020. O8: An effective, efficient, economic and environmentally responsive supply chain management system The Legal Aid SA vision is “A South Africa in which the supporting client services delivery and internal rights and responsibilities enshrined in the Constitution are business processes. realised to ensure equality, justice and a better life for all.” O9: An appropriately resourced national footprint reaching the poor and vulnerable persons requiring The mission is “To be the leader in the provision of accessible, legal assistance. sustainable, ethical, quality and independent legal services O10: Competent, dedicated, motivated and empowered to the poor and vulnerable.” employees capacitated to deliver the constitutional mandate and organisational strategies. The values that the organisation subscribes to are: O11: A modern and appropriate, integrated, secure and i. Passion for Justice and Protection of Human Rights cost-effective IT Platform supporting the provision ii. Ubuntu of client services and linkages and enabling internal iii. Integrity business needs. iv. Accountability v. Service Excellence The following Strategies were implemented to achieve the vi. People Centred outcomes and objectives: S1: Delivering quality client-focused legal aid in criminal 3.1 STRATEGIC OUTCOME ORIENTED GOALS matters, particularly for the poor and vulnerable groups. The outcomes and objectives for 2015-2020 are: S2: Delivering quality client-focused legal aid, including to poor and vulnerable groups, in civil matters with a Outcome 1: Quality justice for all, focusing on the poor and priority focus on constitutional rights. vulnerable, thus CONTRIBUTING TO BUILDING SAFER S3: Delivering quality client-focused legal advice services. COMMUNITIES S4: Delivering client-focused Impact legal aid services, delivering access to justice for poor and vulnerable OBJECTIVES: groups particularly in social justice matters. O1: Empowered clients and communities making S5: Contributing to the effective functioning of the justice informed choices about their legal rights and and legal sector to assist in building safer communities. responsibilities. S6: Accounting to the Department of Justice and O2: All poor and vulnerable persons able to access Correctional Services, and Parliament on delivery of quality legal services to protect and defend their mandate, governance and sustainability. rights. S7: Increasing financial sustainability and managing the O3: An accessible, fair, efficient, independent and reductions to the budget. effective justice system serving all in South Africa, S8: Maintaining and enhancing good governance. contributing to building safer communities. S9: Maintaining a regulatory framework incorporating O4: Delivering on our constitutional and statutory best practices aligned to constitutional values. mandate in an independent, accountable and S10: Sustain strong financial management, supply chain sustainable manner. and asset management practices. S11: Consolidate and review the national footprint to Outcome 2: Respected, accessible, high performing and ensure access to legal aid services, especially in rural sustainable public entity impacting positively on society, and remote areas (including the use of technology the economy and the environment as well as other low cost service alternatives). OBJECTIVES: S12: Developing and expanding the legal quality and O5: An organisation embedding sustainable practice expertise for each segment of the national footprint. in every segment of the organisation, to positively S13: Building and maintaining an integrated and service- impact on society, the economy and the environment. oriented cutting-edge Information Technology system.
8 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 9 GENERAL INFORMATION
Progress made towards the achievement of the Objectives, Section 28(1) “Every child has the right, Strategies and Programmes is reported on in Part B of this (a) … Integrated Annual Report. (h) to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings During the 2015-2020 strategic planning period, Legal Aid affecting the child, if substantial injustice would South Africa will focus on making a strategic shift to realise otherwise result; …” the following: Increasing organisational MATURITY and SUSTAINABLE HIGH PERFORMANCE and EXCELLENCE Section 34 “Everyone has the right to have any dispute that in all segments of the organisation over the next decade, can be resolved by the application of law decided in a fair positively touching the lives of many more South Africans thus public hearing before a court or, where appropriate, another ensuring the OUTCOME of QUALITY JUSTICE FOR ALL. independent and impartial tribunal or forum.”
4. LEGISLATIVE AND OTHER MANDATES 4.2 LEGISLATIVE MANDATE
Legal Aid SA obtains its mandate from the Constitution of 4.2.1 Legal Aid South Africa Act 39 of 2014 the Republic of South Africa (Act 108 of 1996), the Legal Aid South Africa Act (Act 39 of 2014) as read with the (Date of commencement 1 March 2015) Legal Aid Regulations (Policy Provisions) and Legal Aid Manual (Procedural Provisions) and also from other national The Legal Aid South Africa Act (39 of 2014) came into legislation which gives content to the rights and obligations operation on 1 March 2015. enshrined in the Constitution. The current Board was constituted in terms of Section 4.1 CONSTITUTIONAL MANDATE 6 of the Legal Aid SA Act with effect from 1 March 2019, when the 3-year term of the previous Board expired on 28 The constitutional mandate to provide legal representation February 2019. The new Board members were appointed in criminal trials and appeals, children civil matters and civil by the Minister of Justice and Correctional Services for matters mainly emanates from the specific constitutional a term of five years, together with the members of all the sections that are detailed below. Board Committees who were appointed by the Board in terms of section 13. These rights are furthermore given particularity in our enabling legislation, as amplified by the Legal Aid The previous Board members held office for 11 months of Regulations, as well as in other national legislation that is the 2018-2019 financial year, whereas the current Board described in the subsequent paragraphs. members have held their positions for one month as at the end of the 2018-2019 financial year. The Constitution of RSA (Act 108 of 1996) Section 35(2) The mandate and objects of Legal Aid South Africa are “Everyone who is detained, including every sentenced succinctly described and detailed in the preamble to the prisoner, has the right: Legal Aid SA Act (39 of 2014), in the following terms: (a) … (c) to have a legal practitioner assigned to the detained “To ensure access to justice and the realisation of the right person by the state and at state expense, if of a person to have legal representation as envisaged in the substantial injustice would otherwise result, and to Constitution and to render or make legal aid and legal advice be informed of this right promptly; …” available; for that purpose, to establish an entity called Legal Aid South Africa with a Board of Directors and to define Section 35(3) “Every accused person has a right to a fair its objects, powers, functions, duties and composition; to trial, which includes the right: provide for the independence and impartiality of Legal Aid (a) … South Africa; …” (g) to have a legal practitioner assigned to the accused person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; … (o) of appeal to, or review by, a higher court.”
10 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GENERAL INFORMATION
The objects are described as follows in the Legal Aid SA Act: xi. Promotion of Equality and Prevention of Unfair 3. The objects of Legal Aid South Africa are to – Discrimination Act 4 of 2000 (section 10(5)). (a) render or make available legal aid and legal advice; (b) provide legal representation to persons at state Legal Aid South Africa currently provides legal representation expense; and relating to the above legislation, within its available budget/ (c) provide education and information concerning funding and resources, in accordance with the policy legal rights and obligations, as envisaged in the provisions of the Legal Aid Regulations which came into Constitution and this Act. operation in terms of section 23(1) of the Legal Aid SA Act on 22 August 2017. Due to these budget/funding and 4.2.2 Other legislation impacting on delivery of legal aid resource constraints, there are criteria in the Regulations that determine qualification for and limitation or exclusion The following laws give content to the requirement for the of assistance. This results in unmet legal needs for South state to provide legal assistance to indigent persons. In most Africans who are not able to afford the cost of their own instances Legal Aid South Africa is mandated and funded to legal representation. provide such representation but there are some noticeable exceptions (mostly in civil related matters) where the State Newly proposed draft legislation or envisaged amendments has not provided the necessary funding to enable Legal Aid to current legislation, insofar as they impact on Legal SA to render such services: Aid SA’s mandate and/or clients’ rights, are monitored and responded to as part of the legal research agenda. i. Criminal Procedure Act (sections 73, 309, 309B, This is to ensure that clients’ rights are protected and the 309C, 309D & 316) – Legal Representation in Trials mandate of Legal Aid South Africa is not extended without and Appeals; concomitant funding which must be determined after a ii. The Child Justice Act (sections 82(1) & 83(2)) – Legal proper costing of the required resources to implement any Representation for Children in Child Justice Court such mandate extension. (no child may refuse legal representation); iii. Children’s Act 38 of 2005 (section 55(1)) – Legal 4.3 PUBLIC FINANCE MANAGEMENT ACT Representation of Children in matters dealt with in the Act on order of the Court; The Public Finance Management Act 1 of 1999 (PFMA) as iv. Refugees Act 140 of 1998 (section 27(b)); amended, aims to regulate financial management to ensure v. Labour Relations Act 66 of 1995 (section 149) – both transparency and expenditure control in each sphere currently unfunded; of government. It gives effect to section 216 and other vi. Mental Healthcare Act 17 of 2000 (section 15); sections of the Constitution. vii. Restitution of Land Rights Act 22 of 1994 (section 22) – currently unfunded; Legal Aid SA, as a Schedule 3A Public Entity, falling under viii. Prevention of Illegal Eviction from and Unlawful the Department of Justice and Constitutional Development, Occupation of Land Act 19 of 1998 (section 4(5)) – complies with the requirements of the PFMA and National currently unfunded; Treasury Regulations which are necessary to be upheld and ix. Land Reform (Labour Tenants) Act, 1996 (Act No. 3 implemented for the realisation of good governance. The of 1996) – currently unfunded; budget allocation of Legal Aid South Africa was managed x. The Extension of Security of Tenure Act, 1997 (Act within the framework of the PFMA. No. 62 of 1997) – currently unfunded;
10 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 11 GENERAL INFORMATION
5. ORGANISATIONAL STRUCTURE
Chief Executive Officer Ms V Vedalankar
National Operations Chief Legal Chief Operations Internal Audit Manager Special Executive Executive Officer Executive Projects Advocate B Nair Mr P Hundermark Dr J Makokoane Mr S Mamotheti Ms L Timothy
KwaZulu-Natal Legal Human Resources PE Executive Executive Mr V Mdaka Mr T Mtati Ms A Clark
Chief Financial Gauteng PE Officer Advocate W Lambley Ms R Hlabatau
Eastern Cape Information Systems PE Executive Mr H Bambiso Ms M Monwa
Northern Cape/ Communication Western Cape PE Executive Ms C Robertson Mr V Shabangu
Free State/ Board North West PE Secretary Mr T Makamedi Mr L Lethiba
Limpopo/ Mpumalanga PE Ms M Kgabi
12 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GENERAL INFORMATION
From left: Advocate Brian Nair, Mr Hope Bambiso, Ms Nolitha Jali, Ms Lesleigh Timothy, Dr Jerry Makokoane, Advocate Wilna Lambley, Ms Mmantsha Monwa, Ms Mpho Kgabi, Mr Tshotlego Makamedi, Mr Langa Lethiba, Mr Victor Shabangu, Ms Rebecca Hlabatau, Mr Patrick Hundermark, Ms Amanda Clark, Mr Sethopo Mamotheti, Ms Vidhu Vedalankar, Mr Vela Mdaka.
5.1 COMPOSITION OF THE EXECUTIVE Ms Rebecca Hlabatau – Chief Financial Officer (CFO) MANAGEMENT BCompt, BCompt Honours, Advanced Diploma: Accounting Science, Postgraduate Diploma: Accounting Ms Vidhu Vedalankar – Chief Executive Officer (CEO) Science CTA (University of South Africa), Management BSc (University of Durban-Westville), Masters: Town Advancement Programme, Certificate Programme and Regional Planning (University of Natal), Executive in Leadership Development (WBS, University of the Development Programme (GIBS, University of Pretoria) Witwatersrand), AGA(SA) (SAICA)
The Chief Executive Officer is responsible for overall The Chief Financial Officer is responsible for strategically strategic direction of Legal Aid South Africa so as to realise guiding financial matters of Legal Aid South Africa in the vision and fulfil the mission. a manner that will ensure its long-term viability as an upholder of the rights of the people of South Africa to Dr Jerry Makokoane – Chief Operations Officer (COO) effective, high quality legal services. BCom Economics (University of South Africa), Diploma: Data Processing and Systems Analysis (University Mr Patrick Hundermark – Chief Legal Executive (CLE) of Zululand), MBA (Mancosa), Master of Applied BCom, LLB (Nelson Mandela University, formerly University Management and Doctor of Applied Management (UGSM- of Port Elizabeth), Certificate Programme in Leadership Monarch Business School of Switzerland) Development (WBS, University of the Witwatersrand), Practising Attorney, North Gauteng High Court The Chief Operations Officer is responsible for support operations within Legal Aid South Africa. The Chief Legal Executive is responsible for civil legal services delivery including legal advice, the improvement Advocate Brian Nair – National Operations Executive of quality civil and range of civil legal services offered (NOE) to Legal Aid South Africa’s legal aid applicants, Impact BPaed (University of Durban-Westville), BEd (University of Litigation services and Corporate Legal matters. South Africa), FDE Computer Studies (University of Natal), MBL, LLB (University of South Africa)
The National Operations Executive is responsible for ensuring the delivery of cost-effective, high quality legal services.
12 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 13 GENERAL INFORMATION
Mr Sethopo Mamotheti – Internal Audit Executive (IAE) Ms Mmantsha Monwa – Information Systems Executive BCompt, Postgraduate Diploma: Accounting Science (ISE) (University of South Africa), HDipTax (University of North BSc (University of Limpopo), BSc Honours: Information West), MBA (GIBS, University of Pretoria), CIA, CCSA (IIA), Systems (University of South Africa), MBL (University of AGA(SA) (SAICA) South Africa)
The Internal Audit Executive is responsible for the The Information Systems Executive is responsible for the assessment of controls and risk management within Legal Information Technology infrastructure and the provision of Aid South Africa, including compliance with the Legal support to all users within Legal Aid South Africa. Aid South Africa Act, Public Finance Management Act and National Treasury Regulations, and the applicable The following Provincial Executives are responsible for governance and common law stipulations. ensuring the efficient, effective and economic delivery of legal services as contemplated by the Constitution within Ms Amanda Clark – Human Resources Executive (HRE) their area of jurisdiction: National Diploma: Housing and Development Management (Technikon SA), B.Tech: Business Management (Technikon Mr Hope Bambiso – Provincial Executive – Eastern Cape Natal), MBA (University of Wales), Certificate: Advanced Province Diploma in Labour Law (University of South Africa) BProc, LLB (University of Fort Hare), LLM (University of South Africa), Practising Attorney The Human Resources Executive is responsible for the Human Resources Department and ensuring that the Ms Mpho Kgabi – Provincial Executive – Limpopo/ human resources processes and systems support the Mpumalanga Province delivery of the Legal Aid South Africa strategy. BProc (University of the North West), Higher Diploma: Drafting and Interpretation of Contracts (University of Mr Victor Shabangu – Communication Executive (CE) Johannesburg), Certificate Programme in Leadership BA Communication (University of South Africa), Development (WBS, University of the Witwatersrand), Postgraduate Diploma: Marketing Management (University Practising Attorney of South Africa) Advocate Wilna Lambley – Provincial Executive – The Communication Executive is responsible for creating Gauteng Province awareness about Legal Aid South Africa’s services and LLB, B.Iuris (University of South Africa), Practising educating the public regarding accessing such services, Advocate as well as building strategic relations with relevant stakeholders. Mr Vela Mdaka – Provincial Executive – KwaZulu-Natal Province Mr Thembile Mtati – Legal Executive (LE), resigned 31 BProc, LLB (University of Zululand), Practising Attorney March 2019 BProc (University of Fort Hare), Certificate Programme Mr Tshotlego Makamedi – Provincial Executive – Free in Leadership Development (WBS, University of the State/North West Province Witwatersrand), Practising Attorney, North Gauteng BProc (University of Limpopo), Certificate Programme High,Court in Leadership Development (WBS, University of the Witwatersrand), Practising Attorney The Legal Executive is responsible for legal research support and Corporate Legal services. Ms Cordelia Robertson – Provincial Executive – Northern Cape/Western Cape Province, retired 31 May 2019 BCom, BProc (University of South Africa), LLM (University of the Western Cape), Practising Attorney
14 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GENERAL INFORMATION
6. FOREWORD BY THE CHAIRPERSONS
This is the final foreword I write as the Chairperson of the Board of Legal Aid South Africa; a position I have held with great pride for 17 years. To be at the helm of an organisation that focuses so intently on human rights, every day and in all areas of planning and decision making, has been a great honour. I am tremendously gratified to have played a part in the story of Legal Aid SA for all this time; a story of making access to justice a reality for millions of South Africans and transforming our brand into that of a public entity of distinction, committed to championing legal rights. As we celebrate 25 years of our country’s constitutional democracy, we can be proud of what this institution has become, and still aspires to achieve.
While Legal Aid South Africa has had a challenging financial year, needing to manage our budget shortfall wisely, we were very happy to once again receive positive feedback from the Portfolio Committee on Justice and Correctional Services, which remains supportive of the work we do to provide independent, accessible and quality legal aid services in criminal and civil legal matters, as well as provide legal information and education to empower communities on their rights and responsibilities. In 2018-2019, I was invited to speak at the Third International Conference on Access to Legal Aid in Criminal Justice In the year under review, Legal Aid SA has continued to fulfil Systems in Georgia, accompanied by the then-Deputy the requirements of the fourth year of the Strategic Plan Chairperson of the Board, Judge Makume. We spoke on 2015-2020 and the 2018-2019 Business Plan. I am pleased the country responsibilities, focusing on South Africa, for to report that we continue to help over 700,000 poor and achieving Target 16.3 of SDG 16. I also visited Ireland and vulnerable South Africans access justice annually by assisting spoke as an external expert at the Irish Annual Judicial them in criminal and civil legal matters as well as legal advice Conference on the role of legal aid in ensuring that cases matters. We do so within a good governance framework, of the downtrodden and poor do come before the highest having achieved our 18th unqualified audit opinion and being courts in the land and do in fact shape jurisprudence. named a Top Employer South Africa for the past decade, as well as an Industry Leader in the Public Sector for the fourth I was invited to speak to the Afghanistan Legal Aid Board on successive year. The organisation remains very involved in how to set up a sustainable legal aid entity, and the benefits and committed to improving the performance of the justice of an independent board having oversight of a legal aid cluster, relying on the meaningful data we are able to collate scheme in New Delhi, India, in December, making reference in order to plan and effect appropriate interventions. This to our tried and tested frameworks, which provided me with underscores our ongoing work on National and Provincial an opportunity to trace the progress made over the years Efficiency Enhancement Committees, as well as realising by the Board of Legal Aid South Africa and the tremendous the United Nations’ Sustainable Development Goal (SDG) growth in Board maturity and adherence to corporate 16, Target 16.3 on promoting the rule of law at the national governance we have observed. This speaking opportunity and international levels and ensuring access to justice for all. reminded me once again of the stellar work that Legal Aid Furthermore, Legal Aid South Africa continues to work with SA has done, year-on-year, and continues to do; so much so the United Nations Office on Drugs and Crime (UNODC) that we are not only deemed global leaders in the provision and the United Nations Development Programme, remaining of access to justice, but also leaders in governance and an active partner in building justice systems regionally and sustainability in the public sector. internationally, too.
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Such a reputation is enabled by the sustained support of My heartfelt thanks goes to the Board I have served on for so many, in particular the Minister of Justice and Correctional many years – it has been an absolute pleasure to learn with Services, Advocate Michael Tshililo Masutha, and Deputy you, grow with you and most importantly, serve the public Minister of Justice and Constitutional Development, Mr with you. Knowing that our work affects so many people John Jeffery. Thank you for your ongoing support over the and effectively changes lives has been a point of distinct many years I have worked with you, and for continuously pride for me, and I am certain that the new Board and Board endorsing the mission and vision of our organisation. Chairperson already carry this fervour to serve.
The Chief Executive Officer, Ms Vedalankar, and the Legal I will always be proud to have served on the Board of Legal Aid South Africa Executive Management team deserve Aid South Africa – a distinguished leader in the provision much applause for moving the organisation forward every of accessible, sustainable, ethical, quality and independent day, remaining firmly committed to access to justice. This legal services to the poor and vulnerable. shared vision is fiercely upheld, and is reflected in the passion that Legal Aid SA employees have for their work and the change they are able to bring to so many lives. The Legal Aid South Africa family is built on an exceptionally strong foundation, and I look forward to seeing it continue to thrive.
Legal aid is a critical element of a strong constitutional democracy, enabling access to justice to uphold the rights enshrined in our Constitution. I urge government to continue to support Legal Aid SA so that it may continue to do so and Judge President Dunstan Mlambo enable access to justice to poor and vulnerable persons in Chairperson: Board of Legal Aid SA South Africa. (end of term: 28 February 2019)
Legal Aid SA's client, a 61-year-old woman, was charged with culpable homicide as well as driving a motor vehicle without a licence. She was travelling with the deceased as her passenger when her vehicle left the road and collided with terrain. The client's version was that she was not the driver of the motor vehicle when the accident took place. According to her, the motor vehicle started losing power while she was driving. They had stopped and flagged down a passing vehicle for assistance. The man who tried to assist them had driven the vehicle to ascertain the nature of the problem and had lost control of the vehicle, leading to the death of the deceased and the client's severe injury. The man had then gotten out of the vehicle and run away. There were no witnesses to the accident. The version of Legal Aid SA's client found strong support from the evidence of the investigating officer. The deceased was ejected from the vehicle on impact. The investigating officer confirmed that the client was found unconscious in a sitting position in the front passenger seat of the vehicle. He also does not dispute that the motor vehicle's keys were found some 100 metres ahead of where the vehicle had come to a rest after the accident. With regard to the driver’s licence, the only evidence that was led regarding Legal Aid SA's client not having a driver's licence was hearsay evidence of what the investigating officer was told at the local traffic department. Legal Aid SA's assistance in this matter has ensured that the due process of the law plays out, and that the client's right to a fair trial is upheld.
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As the incoming Chairperson of the Board, I thank the outgoing Board for their wonderful work in seeing the vision of the organisation – a South Africa in which the rights and responsibilities enshrined in the Constitution are realised to ensure equality, justice and a better life for all – made more real every day.
The Minister of Justice and Correctional Services has appointed the new Board and I am pleased to confirm that this Board commenced its work in March 2019. While the 2018- 2019 financial year has presented Legal Aid SA with financial challenges, I look forward to working with the new Board and ensuring that the organisation’s longstanding track record of performance excellence will remain in place, supported by our focus on good governance and sustainability.
My special thanks to the outgoing Chairperson, the Honourable Judge President Mlambo, for guiding me and preparing me to take over when his time came to retire. I also appreciate and acknowledge the invaluable support that I have received and continue to receive from the Chief Executive Officer, Ms Vedalankar, and her management team, as well as from the Board Secretariat.
Judge Motsamai Makume Chairperson: Board of Legal Aid SA (as of 1 March 2019)
The Legal Aid SA Thohoyandou Local Office’s High Court Unit represented a client who had been granted bail of R5000 in the Magistrate's Court. His family however failed in their attempts to secure his release because due to a clerical error, the warrant of detention stated that no bail was fixed. In the High Court, the legal practitioner presented the charge sheet to the Presiding Judge to show that bail was fixed but the Judge refused to release the client on bail without providing any reasons. The Legal Aid SA practitioner then brought an urgent application for the release of the accused. The practitioner further argued that at that point in time, Legal Aid SA's client could not afford the amount that was originally fixed in the Magistrate’s Court. The application was successful, and the client was released on R1000 bail. The right of an individual to liberty, and to be released on bail, was made a reality here, demonstrating how far Legal Aid SA goes to protect the rights of clients.
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7. CHIEF EXECUTIVE OFFICER’S OVERVIEW
As I reflect on the achievements of Legal Aid South Africa during the 2018-2019 financial year, for me it is also the culmination of a journey spanning 17 years of service as head of the organisation. At the end of October 2019 my tenure as CEO of Legal Aid SA comes to an end. I am extremely honoured to have been at the helm of this high performing public entity which champions the rights of all persons to access justice through the provision of independent, accessible and quality legal aid services in criminal and civil legal matters as well as in legal advice matters. Through the dedication of the Board, management and staff we have positively impacted the lives of vulnerable and marginalised people. We have built high levels of performance and set an example that the public sector can work, and as we celebrate 25 years of democracy in South Africa, I am proud that Legal Aid South Africa is one of government’s success stories.
We have delivered on our constitutional obligations and legislative mandate, offering legal services to close to 725,000 persons in the 2018-2019 financial year. This is despite facing our toughest moment since the organisation began its turnaround and transformation in 2000, as we managed a cumulative budget cut and shortfall of 8.9% as indicated below. It gives me immense pleasure to report for the 2018-2019 financial year, which has an enormous that Legal Aid South Africa has received a clean audit opinion negative impact upon an organisation that uses its limited for the 2018-2019 financial year; our 18th unqualified audit resources prudently and optimally. opinion. The detailed Report of the Auditor-General can be found in Part F of this Integrated Annual Report. Legal Aid SA has delivered on over 90% of the approved Business Plan for 2018-2019. Operating in a We have invested in our most important asset, our people, high performance context, we focused on a strategic who play a crucial role in the delivery and support of legal management maturity approach of how to increase the aid services. As a result of our human resource practices maturity level of each segment of the organisation and we being best practice-aligned, we were very pleased to be measure our performance against this. awarded with accreditation as a Top Employer South Africa for the 10th consecutive year and deemed public sector During the 2018-2019 financial year, Legal Aid South Africa category leader for the 4th successive year. provided legal assistance in 416,203 new criminal and The development of eLAA 2016, our new electronic Legal civil matters and legal advice to 308,050 persons, totalling Aid Administration system, was successfully completed 724,253 persons assisted by the organisation. There was a during this financial year. It is currently in the pilot stage and decrease of 2.4% in the number of people served through will go live in the new financial yea r. new criminal and civil matters and an increase of 0.9% in the number of people provided with general advice services. Our success can be attributed to operating within This aligns to the changing trends in the justice system. a strong governance framework which makes us responsive, accountable, fair, transparent, participative Legal Aid SA has consistently followed good governance and efficient, effective and economic. This also includes practices and used its allocated funds prudently to operate an effective and functioning Governing Board and Audit an accessible national footprint of offices with efficient and Committee; compliance with the Legal Aid SA Act, effective infrastructure, systems and processes that enables PFMA and National Treasury Regulations; application it to deliver its services and reach its clients. We achieved of relevant principles of the King IV Code on Corporate our budget expenditure target of 98%, spending R1,86 billion Governance; compliance with PAIA and an effective and to achieve our Business Plan objectives. We endeavoured to independent Internal Audit Department. minimise the impact of the budget cuts on service delivery
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There is also a zero tolerance approach to fraud and Civil legal and advice services were provided through corruption which the organisation has managed to uphold, our national footprint of 64 Local Offices and 64 Satellite emphasising strong ethics, integrity and accountability for Offices, Judicare and Co-operation Partnerships and the public funds. national toll-free Legal Aid Advice Line. Clients requiring civil legal aid services also had the option of using our self- Legal Aid South Africa is recognised internationally as a help modules on the Legal Aid South Africa website; there best practice model for how legal aid should be delivered was a 46% increase in the number of users of the self-help and has informed the development of many legal aid webpage. In order to meet a demand for legal advice at systems globally. As an example, during this past year High Courts (as assessed through research done in the we were invited to be part of an expert group meeting to previous financial year) we provided capacity for clients at provide input to a handbook which will provide guidance on the High Courts to be assisted. We also had to expand our the quality of criminal legal aid services, as well as being High Court Unit in Mpumalanga as this new High Court seat part of a workshop to review a chapter on access to and will be opened early in the next financial year. quality of justice which is to be included in the Handbook on Governance Statistics being prepared by the UN Statistical Our legal services were provided through our mixed model Commission for National Statistical Offices. of legal service delivery, in which our legal capacity is extended through partnerships. As per this model, 95.7% of We interacted with the Portfolio Committee on Justice and legal matters were dealt with by internal legal practitioners Correctional Services at two briefing sessions and the employed by Legal Aid SA; 2.7% by Judicare practitioners organisation was applauded for excellent management and (which is the system by which legal aid clients are assisted performance standards, given the important role that we by an external practitioner briefed by the organisation), play in promoting access to justice. and 1.6% through Agency Agreements and Co-operation Partners. Our legal staff complement was 2,022 including Legal Aid SA took on 362,213 (87%) new criminal legal paralegals and 79% of the total staff recruited were legal matters and 53,990 (13%) new civil legal matters in the staff. Legal staffing recruitment at Local Offices, for all financial year under review. In comparison to the previous categories of legal staff, was below the target as a result financial year, there was a decrease of 2.4% in criminal of the moratorium placed on recruitment to manage the and 2.6% in civil matters. The number of legal matters reduction in staffing and freezing of posts. finalised is 410,396, and of these, 359,075 (87%) were criminal matters and 51,321 (13%) were civil matters. There The cases litigated in Impact Litigation matters have has been a general trend towards a decrease in criminal contributed to making the Constitution a living document matters in courts which also aligns to a reduction in SAPS for the poor and vulnerable persons whom we serve. The crime statistics. A decrease in the number of children’s outcome of these cases has had a positive impact on a criminal matters arising from improved efforts to divert broader population beyond those persons involved in the them out of the formal justice system and a decline in the litigation. In addition, a number of legal precedents were set. prosecution of offences relating to the possession of dagga A total of 62 new Impact Litigation matters were assessed also contributed to the reduction in legal matters in courts. for impact funding and 30 of these were approved. Of the The decline in civil matters was as a result of the freezing of 19 impact matters finalised with an outcome, there was an posts due to the budget cuts as well as the reduction of the 89.4% success rate achieved. number of Co-operation Partners from eleven to ten. Matters involving children receive priority and we assisted We had a presence at all criminal courts as well as a total of 16,173 children; 9,486 (59%) being children in specialist criminal courts aligned to the demand per court conflict with the law and 6,687 (41%) children involved in room, to enable access to justice to ensure that no person civil matters. Overall, there was a decrease of 1.1% in the will go unrepresented through the criminal justice system. total number of children’s matters, but an increase of 7.7% Through the practitioner per court model, coverage in the in new civil matters involving children. Legal Aid South Africa District Courts was 84% and 94% in the Regional Courts. In is committed to timeously providing legal representation to High Courts, representation was provided in all matters that all children in conflict with the law, including the individual required legal aid. tracking of children who are incarcerated for periods in excess of one month in correctional facilities.
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Legal Aid SA continued with the implementation of our Legal Aid South Africa is committed to working with programme to track and monitor Remand Detainees, reporting stakeholders in the justice value chain to improve effectiveness to Provincial Efficiency Enhancement Committees. We ensured and speedy finalisation of legal matters, thereby improving the timeous provision of legal representation and facilitating of confidence in the justice system and ultimately enhancing bail processes including bail application and affordability. access to justice. To this end, we participated in all justice cluster committees to contribute to improving efficiencies. We have included synopses of criminal, civil and Impact Litigation cases in this Integrated Annual Report, which give We recognise that we would not be able to meet our insight into the important work done by Legal Aid South organisational objectives without stakeholder partnerships Africa in promoting access to justice and human rights. with internal and external stakeholders. This aspect of our work is reported in the stakeholder engagement table in Part The provision of legal advice is part of our legislative D of this Integrated Annual Report. Legal Aid SA promotes mandate and insofar as the provision of general advice is ongoing communication with stakeholders through various concerned, we assisted 308,050 persons; an increase of forums including meetings and newsletters. 0.9% from the previous financial year. Both Local Offices and Satellite Offices provided general advice consultations The Legal Aid Regulations were amended and gazetted, to 228,523 persons; paralegals provided general advice to with the changes becoming operational on 29 March 2019. 31,606 Remand Detainees and the toll-free Legal Aid Advice The amendments increased the parameters of the Means Line provided legal advice to 47,921 persons. Test, the threshold income limit to qualify for legal aid services, which will provide access to legal services to a We prioritise the rendering of quality legal services to our wider group of people. The Legal Aid Manual was updated clients, as quality impacts on the outcomes of matters (revised Judicare tariffs); these updates came into operation and therefore upon the lives of our clients. A combination on 29 November 2018. of interventions which includes training programmes (contact learning, electronic learning and self-learning); The change in the organisation and governance of the legal legal research and support programmes; mentorship and profession was realised when the Legal Practice Act was supervision; access to electronic libraries, and assessments implemented with effect from 1 November 2018. Legal Aid conducted by the Legal Quality Assurance Unit (LQAU) South Africa nominates a representative to the Legal Practice ensure that practitioners are well-equipped to provide Council, ensuring we contribute to issues involving the legal quality legal services. The Quality Management Programme profession and that we promote human rights and access to is regularly reviewed and changes or improvements are justice for our clients. made when necessary. The Legal Aid SA Governing Board was fully constituted The LQAU’s purpose is to independently and objectively during this past year, with the Board which was appointed appraise the quality of legal services of all legal practitioners from 1 March 2016, when the Legal Aid South Africa Act 39 providing services to our clients, which also includes of 2014 came into effect, completing its term at the end of practitioners handling cases on behalf of Legal Aid SA. February 2019 and a new Board being appointed from 1 Reviews of practitioners confirmed that 99% of internal March 2019. practitioners and 100% of paralegals comply with the quality requirements – this corroborates the success of our quality Legal Aid South Africa continued its involvement in the monitoring and management systems. As can be seen in the community-based paralegal sector, as well as processes Corporate Dashboard in this Integrated Annual Report, all relating to the UN Principles and Guidelines on Access to categories of legal practitioners exceeded the targets for file Legal Aid in Criminal Justice Systems and the Sustainable audit and court observation quality assessments. Development Goals.
Feedback mechanisms are available in the form of client In this year’s Integrated Annual Report, we have included satisfaction surveys which confirmed high levels of client a section on the capitals model, indicating how the satisfaction. In the past year, we extended client feedback organisation’s activities both affect and are affected by the channels to include clients being able to lodge complaints six capitals. This can be found in Part B. via our toll-free Legal Aid Advice Line.
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Financial planning is effective and aligned to best practice. The Board, in its oversight role, approved the risk appetite Despite the financial challenges relating to the budget and tolerance for the top strategic risks and reviewed the risk cuts/shortfalls, Legal Aid SA operated with a balanced registers and quarterly risk watch reports. Legal Aid South budget and practiced prudent financial management. Africa was materially compliant with relevant legislation that The organisation’s outstanding financial management comprises the organisation’s legislative universe. performance was recognised by the South African Institute of Chartered Accountants (SAICA), which presented us In recognition of the quality of our Human Resources with a recognition award for receiving a clean audit opinion practices, we were pleased to receive accreditation as for five years in succession. a Top Employer for the 10th consecutive year as well as be recognised as an Industry Leader in the Public Sector In the financial year 2018-2019, Legal Aid South Africa category for the 4th consecutive year. Budgetary reductions had a combined budget cut and shortfall of 8.9% which have had an adverse impact on the employment value amounted to R164 million. This resulted from a 5% cut to proposition; this resulted in a strain in the labour relations the baseline grant allocated to Legal Aid SA, as well as a and had a negative effect on the organisational culture. The shortfall arising from the difference in the wage settlement human resources function has had to manage processes agreed by government and the grant allocation to us. The and risks associated with the budget cuts. DoJ & CD mitigated this by allocating R30 million to Legal Aid South Africa from its own funds. The recruitment rate as at financial year end was 92.8%; 5.2% below the target, which can be attributed to managing The organisation has implemented various efficiency the vacancies to facilitate the freezing of posts as a result measures over the MTEF period to address the budget of budget cuts. We maintained a low staff turnover of 5.8%. shortfall/cut, including: i) reduction of the operating budget expenditure; ii) reduction of expenditure investing in people; Given the uncertainties that arose as a result of financial iii) reduction of the capital budget by increasing the lifespan sustainability challenges, staff engagement was critical and of capital assets; iv) cost efficient methods of service delivery; we consulted extensively on the impact of budget cuts on v) minimal use of consultants, and vi) cash reserves reduction. both staffing and employee benefits. This created insecurity In addition to this, the organisation also reduced staff posts, about jobs amongst staff as well as dissatisfaction at which it did by freezing 136 posts over the 2017-2018 and reductions to their employee benefits. A further report on 2018-2019 financial years. This resulted in the court coverage Human Resources Management is provided in Part E. of the District Courts reducing from 85% to 84% and coverage of the Regional Courts reducing from 95% to 94%. In 2018-2019 we intensified our presence on social media platforms and revamped the Legal Aid SA website, which Legal Aid SA met its expenditure target of 98%. Judicare has resulted in an increase in the number of engagements payments and payments to creditors made within 30 on Facebook, Twitter, LinkedIn and on our website. The days was recorded as 97.7% and 99.3% respectively, revamped website was launched at the end of March 2019 both marginally below the target of 100% due to delays in in an effort to increase access to justice, brand awareness processing invoices at various levels as well as incomplete and public education on constitutional rights and obligations. information submitted by creditors. The Supply Chain Management Policy was in place and adhered to. Detailed We are cognisant of the critical role that technology plays information on our financial performance can be found in in advancing any business. The environment in which Part F of this Integrated Annual Report. organisations operate continuously experiences technological change and our new information technology system, the Our risk management approach is an important contributor to electronic Legal Aid Administration system (eLAA 2016), will our work and performance and is utilised as a business tool enable us to keep up with the rapid growth in technology in order to support the achievement of the organisational objectives. to sustain our services. We look forward to the improvements The Enterprise Risk Management Strategy and Plan was that the business will realise as a result of the implementation reviewed by the Board and implemented effectively to mitigate and manage the strategic, operational and fraud risks of eLAA 2016 in 2019. Other new developments included affecting the organisation and to identify emerging risks. A online sign-off of attendance registers and the development combined assurance framework is in place and provides for of a new document management system. management, the Chief Risk Officer, the internal auditors and The IT platform remained stable and was maintained, with external auditors to provide assurance. The adequacy and the systems meeting our business needs with a system effectiveness of the risk management in the organisation was availability of over 99%. confirmed by the Internal Audit Department.
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The Board fulfilled its responsibility for IT governance We appreciate the acknowledgement by National Treasury by effectively reviewing the IT Strategy, IT investments, of the major negative impact of the budget cuts on Legal performance and maturity during Board meetings. Aid SA, which resulted in them reversing the 5% cut to the budget baseline for 2019-2020. However, Legal Aid South We undertook an external quality assessment review of the Africa still has a budget shortfall of R95,7 million in the 2019- Internal Audit Department. This was done by the Institute of 2020 financial year for reasons explained above. This will Internal Auditors (IIA), who confirmed that the department be absorbed by reducing the operating, capital and non- generally conforms with the IIA’s International Standards salary budget, thus eroding the non-salary budget. With for the Professional Practice of Internal Auditing and the the reversal of the 5% cut to the budget baseline of Legal Code of Ethics. The Internal Audit Department functioned Aid SA for 2019-2020 to 2021-2022, staffing levels will not well and successfully completed 99% of its planned audits be reduced to lower than they were before the budget cuts and six additional audit projects. They also entrenched the in the 2017-2018 financial year. Any further budget cuts organisation’s zero tolerance for fraud and corruption through implemented by government will however impact staffing awareness campaigns and ethics and lifestyle audits. and service delivery levels.
The LQAU conducted 1340 of the 1344 approved legal There is a need to strengthen the leadership capabilities quality assessments, which translates into an achievement in the organisation to manage the impacts of financial of 99.7% of its Annual Coverage Plan. They also conducted adversities and to manage change and maintain a positive 28 additional assessments outside the coverage plan, organisational culture and climate amongst the staff. resulting in a total achievement of 106.4%. With regard to technology, the organisation will need to The 2018-2019 financial year completed the fourth year of determine the eLAA 2016 Phase II requirements and the Legal Aid South Africa Strategic Plan 2015-2020, which implement these. Much is being said about the Fourth sets out a clearly defined vision and mission, outcomes and Industrial Revolution (4IR) and Legal Aid South Africa will objectives. We are confident that the organisation is on track have to keep informed of the changes that this brings and to largely meet its strategic shift set for this 5-year strategic how it impacts on the business environment, in order to plan period. exploit opportunities that the advances in technology offers to improve organisational efficiencies and systems as well Ongoing efforts by the Board and management, together as increase access to justice and services to clients. with the level of maturity of the organisation, contributed to us enduring the challenges faced during this financial year. We are documenting the transformation of Legal Aid SA in a case study in order to capture the story of the organisation The biggest challenge continued to be the threat to the and how it has developed into the high performing public financial sustainability of Legal Aid SA. The budget shortfalls entity it is today, which is particularly relevant as we celebrate will be provided for by the reduction of operating and other 25 years of democracy. The case study will be launched in expenditure, while making every effort to ensure that this the next few months. does not reduce service delivery. I would like to express my heartfelt appreciation to the Board The impact of these financial adversities has affected the of Legal Aid South Africa, who have been steadfast in their morale of staff and the organisational culture, and the staff service over many years. We bid farewell to a number of engagement to address this, undertaken since 2017, will longstanding Board members during this financial year, have to continue in the next period. all of whom have made significant contributions to the organisation. I acknowledge the contributions of our former During the 2019-2020 financial year, Legal Aid South Africa Chairperson, Judge President Dunstan Mlambo, who was will develop a new five-year strategic plan for the period dedicated in his service to Legal Aid SA for 18 years. 2020-2025. His unwavering support during my tenure as well as his championing of access to justice locally and internationally A major priority area for 2019 includes managing transitions contributed significantly to the success of this organisation. in leadership at various levels including the new Board, I would like to wish Judge Makume every success in his the changes to the Executive Authority as well as the role as the Chairperson of the Legal Aid South Africa Board appointment of a new CEO and other executives within the since 1 March 2019. organisation.
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The commitment of all Board members, former and current, Over the years, your contributions have been enormous and their invaluable inputs in providing oversight and and we have established our own high performance code leadership of this organisation are acknowledged and of practice in pursuit of service excellence and good appreciated. governance and I thank you for allowing us to realise this precious practice. Together, we have been able to achieve My thanks go to our Executive Authority, Minister Michael many significant milestones as set out in this statement. I Masutha and Deputy Minister John Jeffery; the Department know that you will continue with this is future years as you of Justice and Constitutional Development; the Portfolio are committed to making our Constitution a living document Committee on Justice and Correctional Services, and all for all persons in South Africa, especially the poor and the justice cluster stakeholders for positive and constructive vulnerable persons. engagements as we worked towards a common goal to make access to justice a reality, to promote and defend We have made tremendous strides, but much work still human rights and to improve the functioning of the justice remains to build a just society in which true freedom, as system to the benefit of our clients. espoused by our great leader, former President Nelson Mandela, is realised: “for to be free is not merely to cast off To the executive team, management and staff, it has been one’s chains, but to live in a way that respects and enhances a pleasure to lead this organisation and work with each of the freedom of others”. you as we rallied together, committed to the fulfilment of the mandate of Legal Aid SA, continuously striving to improve the organisation and our work with the ultimate aim of ensuring that we touched the lives of marginalised and vulnerable Vidhu Vedalankar people, championing their rights to access justice. Chief Executive Officer: Legal Aid SA
Legal Aid SA continues to fight for the rights of children, irrespective of their nationality. In Hayman v The Minister of Home Affairs, two stateless orphans whose parents were from the Democratic Republic of Congo (DRC), who were not able to obtain documentation from the Department of Home Affairs were assisted. When children do not have documents it means that they cannot access services meant for their protection. Legal Aid SA successfully brought an application that saw the youngest child, who was born in South Africa, being issued with an identity number and obtain an order compelling the Department of Home Affairs to consider an application for permanent residency for the older child who was born in the DRC. This matter is also an example of how Legal Aid SA will ensure that a client’s dispute is resolved and that they receive what they require from the legal action, as, in this case, although there was an order compelling the Department to act, they delayed in processing the application for permanent residence. Legal Aid SA continued to monitor the situation and when it became clear that the order was not being implemented, brought another application to compel the Department to implement the order, which resulted in the child being issued with documentation. These interventions meant that both children could now access services and be placed in safe care through proper processes, and, as child refugees, be accorded the same rights that any child should have.
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24 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 PERFORMANCE INFORMATION
1. STATEMENT OF RESPONSIBILITY FOR PERFORMANCE INFORMATION FOR THE YEAR ENDED 31 MARCH 2019
The Chief Executive Officer is responsible for the preparation of Legal Aid South Africa’s performance information and for the judgements made in this information.
Furthermore, the Chief Executive Officer is responsible for establishing and implementing a system of internal control designed to provide reasonable assurance as to the integrity and reliability of performance information.
In my opinion, the performance information fairly reflects the actual achievements against planned objectives, indicators and targets as per the Strategic and Annual Performance Plan of the public entity for the financial year ended 31 March 2019.
Legal Aid SA’s performance information for the year ended 31 March 2019 has been examined by the external auditors and their report is presented on page 109.
The performance information of Legal Aid South Africa set out on pages 45 to 52 was approved by the Board.
Vidhu Vedalankar Chief Executive Officer: Legal Aid SA 27 July 2019
2. AUDITOR’S REPORT: PREDETERMINED OBJECTIVES
The role of the Auditor-General South Africa/Auditor is acknowledged as critical to the sustainability of Legal Aid South Africa, as it provides independent assurance that activities being carried out within Legal Aid SA are in accordance with the approved predetermined objectives and mandate.
The audit conclusion on the performance against predetermined objectives is included in the report to management, with any material findings being reported under the Predetermined Objectives in the Report on other legal and regulatory requirements.
Please refer to page 108 of the Report of the External Auditor, published in Part F: Financial Information.
Nelson Mandela said that “education is the most powerful weapon which you can use to change the world”. Legal Aid SA's client was affected by bullying at school and as a result did not attend school for an entire year. The school enrolled him for the next academic year but when he reported at the school, he was refused access on the grounds that the school was full. The Principal merely indicated that the enrolment was a mistake as the school was already full. This refusal meant that the client would lose another year of schooling. Legal Aid SA immediately intervened by using the Education Act as well as the rights of children to education to negotiate with the Principal to allow the client to start with the academic programme. The Principal eventually acquiesced when Legal Aid SA confirmed it would proceed with litigation in the matter and obtain a court order. The client was enrolled and could proceed with the academic programme.
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3. OVERVIEW OF LEGAL AID SA’S Extensive work was done to secure suitable accommodation for PERFORMANCE our offices by continuously monitoring our lease agreements, renovating some of our premises, and by purchasing some 3.1 SERVICE DELIVERY ENVIRONMENT of our premises to guarantee the security of our tenure. All our offices are located such that they provide easy access to This financial year saw the continuation of cost containment our clients, and are conveniently located close to the courts measures that threatened not only our coverage of courts and other public amenities, such as public transport nodes. through our legal practitioners, but also the total employee value proposition we offer our staff. We therefore had to One of the cornerstones of our criminal legal services perform a belt-tightening exercise so that we can continue delivery system has been our ‘Practitioner per Court’ model to provide access to justice to all South Africans at the levels in terms of which we have a dedicated legal practitioner of quality they have become accustomed to. In doing so, we assigned to every criminal court. The practitioner per court have continued to affirm and protect the rights of all South model has made it possible for us to extend the delivery Africans, thereby making the Constitution a living document of criminal legal aid services to all courts throughout the for all. country, while eliminating court downtime due to the unavailability of practitioners. This has contributed to a Our limited staff resources were supplemented by our better flow of cases through the courts, and facilitates the use of a mixed model delivery system, which enables us speedy finalisation of a higher number of cases, thereby to extend the range of our services, as well as to tap into restoring the public’s faith in the justice system. We have the wealth of expertise existing within the legal fraternity. made capacity available to cover all specialised criminal Our mixed model of delivery entails entering into strategic courts such as Commercial Crimes Courts and Sexual partnerships with practitioners in private practice through Offences Courts. In those areas where there are dedicated our Judicare and Agency Agreement model, as well as with Juvenile Courts, we have provided capacity to these courts legal sector NGOs and University Law Clinics through Co- in the form of practitioners with a sound knowledge of operation Agreements. dealing with children in conflict with the law. We have also made capacity available in areas where there are full time We are constantly faced with pressure from stakeholders in Preliminary Inquiry Courts. the Criminal Justice System to have a relief component to cover the courts in the event that our practitioners are not able The Judicare system, through which we deliver services to our to. While we did introduce a limited relief model in the past, a clients by instructing practitioners in private practice, remains reduction in budgets resulted in the programme being short- an important mechanism to supplement our practitioner lived. We have however updated our Standard Operating resources, in order to facilitate easier access to justice for Procedures to ensure that the courts are serviced in cases our clients. We have continued with the accreditation of where the regular practitioner is not able to cover the court. new practitioners onto the system, while ensuring strict compliance with procurement regulations that require that To ensure that we continue to service the courts at levels that Judicare practitioners must be registered on the Central are sustainable, we have had to revisit the research studies Supplier Database (CSD), and be tax compliant. we conducted on court rolls in previous years, to better understand the demand for legal aid services coming from We have also revised the policy in terms of which Judicare the courts. We have also encouraged our local managers to practitioners are reimbursed for their travel costs, by continuously assess the demand coming from their courts putting in place limitations on the maximum travel distance so that our staff provisioning in the courts does not lead to practitioners can be paid a travel reimbursement. This under or over-resourcing of the courts. revision ensures that Judicare practitioners do not take instructions in courts that are situated a long distance away Our national footprint is continuously reviewed to ensure from their own offices, as there is no reward for it. With this that we do not have any gaps in coverage. However, with revision of the travel reimbursement policy, we have also continuing budget cuts in the last few years, there was no introduced an automated system to calculate the distance room to expand the footprint. Our national footprint has travelled by a practitioner, by using Google Earth to calculate therefore remained unchanged at 64 Legal Aid SA Local the distance from the practitioner’s office to the court. Offices and 64 Legal Aid SA Satellite Offices, supported by 6 Legal Aid SA Provincial Offices, as well as our National Office.
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Legal Aid SA Local Offices are required, on an annual basis, We have also introduced web-based systems to assist to convene a briefing session for Judicare practitioners civil practitioners to monitor compliance with prescribed for the purpose of communicating all our policies and time periods, as well as monitoring all cases which have practices, as well as to respond to any questions that defined prescription periods. Research material as well Judicare practitioners may have. as precedents are easily accessible from our Intranet, and through our subscription to cutting edge research resources Additionally, a newsletter written specifically for Judicare such as Jutastat and LexisNexis. On the financial side, we practitioners is published twice a year and circulated to all have designed custom webpages to help practitioners in Judicare practitioners. This newsletter covers all changes in managing trust funds. the organisation, of relevance to Judicare practitioners. With the introduction of procurement regulations by the While budget cuts saw a reduction in our recruitment targets, National Treasury requiring all suppliers to be registered and a corresponding reduction in our court coverage figures, on the CSD, the organisation faced some challenges with Legal Aid South Africa achieved its targets in respect of regard to the service of court processes, as some Sheriffs new and finalised matters for both civil and criminal legal were not registered on the CSD. services delivery. We have also met our targets in terms of our mixed model ratio for the distribution of our work We consulted widely with the Board for Sheriffs, the National between our Local Offices, Judicare practitioners, and Co- Treasury as well as the Department of Justice to resolve operation Agreements. the issue. In light of the fact that Sheriffs are responsible We have continued in our drive to increase our legal for service of process in defined areas, we have taken the representation in civil matters, with a special focus on decision to give instructions to Sheriffs even if they are estates in which children are beneficiaries. To ensure that non-compliant, to avoid any prejudice to our clients. This we are able to address the ever increasing demand for legal was done in consultation with all parties, and is an interim aid in civil matters, we have had to employ creative ways of measure until a solution is found. re-arranging our civil delivery teams, so that we can obtain General legal advice is an integral part of our service delivery maximum benefit from them. programme and is provided by dedicated paralegals who We continued to provide the teams with adequate are stationed at all 128 of our offices, as well as the Legal administrative capacity, so as to free up the time of Aid Advice Line. The Legal Aid Advice Line makes it possible the civil practitioners, for use in the actual delivery of for clients, particularly those in rural areas, to access instant legal services. Whereas previously, our civil recruitment legal advice through a toll-free telephone service. For clients strategy was geared more towards finding practitioners using cellular phones, we have introduced a system whereby with high experience levels in civil litigation, we have now a client can send a ‘Please Call Me’ message, and a qualified created a number of posts of junior civil practitioners Legal Advisor will return the client’s request. which, in addition to widening the career path for our practitioners, also increases our civil capacity in a cost We have expanded our civil offering to clients by introducing effective manner. The provisioning of a sufficient number self-help modules on the Legal Aid South Africa website. of civil supervisors to oversee the work of the less These modules cover a number of common legal issues, experienced practitioners ensures that the quality of the and are meant to guide clients who wish to traverse their services we deliver is not compromised. legal issue on their own.
The increased demand for civil legal services poses a challenge Our Impact Litigation Unit has continued to ensure that to our civil practitioners to render client focused services, while the Constitution becomes a living document for the poor at the same time meeting the exacting time demands of a and vulnerable through the litigation of cases of high civil practice. We have Standard Operating Procedures and constitutional importance. The unit dealt with a number guidelines in place to regulate the functioning of our civil units. of cases which had a positive impact on the rights of We have also adopted a technology-driven approach to assist the indigent by taking on cases dealing with land issues, our practitioners in meeting these challenges. Legal Aid SA environmental matters, evictions, the rights of children, the has procured and rolled out to all our Local Offices, advanced right to housing, as well as many other issues that impact on document generation software to lessen the load of generating the daily lives of ordinary South Africans. The unit litigated some very important cases dealing with the rights of women the multiple documents that a civil practitioner generates on any in Muslim marriages, as well as women who were married given day. according to the old homeland laws.
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You can read more about some of these matters throughout Legal Aid SA is currently playing the lead role within the this Integrated Annual Report, as well as other noteworthy Criminal Justice System (CJS) cluster in the monitoring of matters handled by Legal Aid SA during the 2018-2019 this category of RDs in order to establish the reasons for financial year. the delays in finalising their matters, as well as formulating strategies for the speedy finalisation of their cases. The RDs We have a specialised High Court Unit at every seat of a High are tracked by our Local Offices on an individual basis. Court. The establishment of new High Court seats in Limpopo Reports are then provided by Legal Aid South Africa to all and Mpumalanga necessitated the establishment of new High National and Provincial Efficiency Enhancement Committees Court Units in these provinces. Through the High Court Units, for discussion and interventions by all stakeholders. One of we are able to ensure that legal aid is available to litigants in these reports is a summary report of the top 20 longest the highest courts in the land, including the Supreme Court of serving RDs per province. Appeal and the Constitutional Court. The High Court Units are staffed by highly experienced practitioners who are dedicated Children are a special vulnerable group and as such, enjoy to servicing the High Courts only. special priority by Legal Aid SA. We have capacitated all our practitioners by offering them training in dealing with We are in continuous discussions with stakeholders to matters involving children in conflict with the law and have improve the way in which High Court rolls are compiled, practitioners available to help with the representation of so that clients can be allocated a legal representative children in all Child Justice Courts as well as in all Preliminary timeously, thereby affording the legal practitioner (whether Inquiry Courts, whenever our assistance is required. We also internal or Judicare) sufficient time to prepare for their guarantee legal representation to all children in civil matters. cases. Dedicated High Court Unit paralegals are utilised to visit clients in Correctional Centres so as to free up the time Our civil units continue to provide legal representation for of High Court practitioners. children, most of whom are children in need of care, in the Children’s Courts. Through our partnership with the Master’s We have improved our systems to give early notification Offices, we continue to help in the administration of estates to our High Court Units of all trial cases that have been in which children are beneficiaries, and place these monies transferred from the lower courts for trial in the High Court, for minor children with the Guardians Fund. as soon as the matter is finalised in the lower court. We have also developed an automated web-based system to The Quality Management Programme we have developed over notify our High Court Units of all matters in which we have the years is often imitated in other jurisdictions and remains successfully applied for leave to appeal in the lower courts, the driving force behind all the work we do. This programme is so that the High Court Units are aware and ready for the reviewed and refined annually to ensure that it is continuously ensuing appeal. The management of appeal matters has improved, and remains relevant to our operations. also been improved with the introduction of web-based systems to monitor the various stages of each appeal The Legal Quality Assurance Unit (LQAU), located within the matter, in order to identify causes of delays. We continuously Internal Audit Department, conducts independent quality engage with court stakeholders to fast track the preparation audits of our practitioners, thereby providing a measure of of case records to be used in appeals. For those High Court independent assurance of the quality of our services. We instructions that are given to Judicare practitioners, the are assured that the majority of our practitioners meet and practitioner is provided information on the case duration so exceed the quality targets we have set for ourselves. that they are better placed to make the decision to accept the instruction, without the risk of double-booking. The Quality Assurance Programme has been extended to include a review of the work of all practitioners handling Legal Aid South Africa has over the years participated in inter- cases on behalf of Legal Aid SA clients, including Judicare sectorial structures aimed at resolving the challenge of case practitioners, Co-operation Agreements and fixed-fee backlogs in our courts. We continued with our programme to Agency Agreements. monitor Remand Detainees (RDs) and Children Awaiting Trial in custody (CAT). RDs awaiting trial for periods exceeding Client satisfaction surveys are conducted with both civil two years are an indication of backlogged cases, and are and criminal clients and the results are used to inform therefore a special focus group in the Criminal Justice Cluster. improvements in our legal services delivery.
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Any negative feedback received from these surveys is It has also resulted in internal disputes and externally immediately routed to Local Office management so that they referred disputes by employees of Legal Aid South Africa. can engage the client and, if necessary, the practitioner In addition, the sentiment and climate created by budget who dealt with the matter. We also have a web-based cuts stimulated mobilisation of employees in the form of the complaints management system to track all complaints emerging union, SALAWU (the South African Lawyers and received until their successful resolution. The Complaints Allied Workers Union). Standard Operating Procedures has also been revised to include complaints received via the organisational social The Human Resources strategic focus during 2018-2019 media platforms, ensuring that all complaints are routed was thus dictated by a focus on mitigating the impact of through the management system and therefore recorded budget cuts experienced by the organisation on the total and monitored until resolution. cost of employment, the Employment Value Partnership and employee engagement. Human resources activities We subscribe to the view that challenges in the justice intensified around staff rationalisation, re-organisation and system can only be resolved through joint problem change management. The Employee Value Proposition was identification and resolution by all stakeholders. In keeping reviewed to mitigate the reduction in the financial aspects with this inter-sectorial approach, we continue to actively of the offering. Legal Aid SA’s overall strategy, policies, participate in the activities of the Criminal Justice System procedures and systems were reviewed to be responsive Review (CJSR) Committee, so that we can provide input into to these realities. These efforts by management, coupled the improvement of the criminal justice system. We have with the maturity of the organisation enabled us to withstand implemented all recommendations and protocols developed these challenges and the emerging risks. as a result of the work of the CJSR Committee. Management also reacted to the emerging risks by Legal Aid SA is also represented in all specialist committees continuing to engage staff regularly on its efforts to manage such as the Inter-Sectorial Committee on Child Justice, the funds and to motivate them to ensure that the delivery of Sexual Offences Committee, as well as a number of other services to clients was not hampered. There were also ad hoc committees that deal with issues affecting specific efforts to stabilise the management ranks, especially middle vulnerable groups. We also monitored and provided input to management, through training and engaging in Leadership proposed legislative changes. Business Priority Conversations that are geared to ensure that all management responded to the challenges as a team We are hopeful that developments in the country and around and with a uniform approach. the world will lead to improvements in the economic outlook so that our ability to provide much needed legal aid services The electronic Legal Aid Administration project (eLAA is not threatened. In particular, we would like to avoid any 2016), the development of which began in 2016, was reduction in our ability to staff the courts at the level we had completed in 2018. This is a remarkable milestone given achieved before our financial setbacks. the previous experience where the services of the previous service provider were terminated due to the challenges with 3.2 ORGANISATIONAL ENVIRONMENT performance as well as the various scope variations that were added to the current project. Legal Aid SA is proud The impact of the budgetary reductions to the baseline to announce that the system will go live during 2019. It is funding of Legal Aid South Africa by the National Treasury currently in the testing stage. in the previous financial years was felt during the 2018- 2019 financial year with concomitant impact on the The IT system was available 99.6% of the time to support organisational environment. Legal Aid South Africa’s operations.
Budget cuts have impacted employees in various ways, Growth in Communications Platforms including a reduction to the various benefits that employees receive, as well as creating some uncertainty relating to The world of branding keeps evolving and Legal Aid South staff cuts. As a result, Legal Aid SA found itself in a state Africa’s reinvigorated brand has continued to grow and of environmental change which has had an impact on amass earned media in the midst of budgetary constraints. the internal environment, mainly from the staff morale perspective. This impacted on the organisational culture.
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Using the combination of cost effective communication 3.3 KEY POLICY DEVELOPMENTS AND channels to achieve its marketing objectives, the LEGISLATIVE CHANGES organisation’s reliable expert commentary on various media platforms resulted in multi-stakeholder referrals which has The Legal Aid South Africa Act 39 of 2014 has now been in put our brand in the databases and minds of many senior operation for just over four years and the Board has been media producers and editors. constituted for the second time since the implementation of the Legal Aid SA Act. Furthermore, the instances of negative media coverage recorded relate to only two issues and fall well within the A second Board was appointed by the Minister of Justice organisation’s risk tolerance level of 2%. This is effectively and commenced its term of office on 1 March 2019. managed through media monitoring to monitor those who During the period under review the relevant governance report on issues of significance to Legal Aid SA and the requirements were fully operational, all governance justice cluster in general. structures functioned efficiently and effectively and the annual review and refinement of all the Board Governance Legal Aid South Africa’s digital communication efforts Charters and instruments was undertaken. continued to develop, with growth across all social media platforms. While the organisation’s verified Facebook page A comprehensive handover report was documented by the remains its most popular digital means of communicating outgoing Board to ensure that the incoming Board is able with the public, we are pleased to see a sustained increase to effectively continue with their governance and oversight in awareness of the Legal Aid Advice Line emanating from functions. our social media platforms. Earned media has on many occasions come in the form of tweets about the Legal Aid Both the Legal Aid Regulations and Manual have been SA brand, as well as retweets/shares or likes of Legal Aid operational since 22 August 2017. In compliance with SA posts by high profile and widely followed public officials. a request from Parliament at the time when the initial Regulations were considered, the Legal Aid SA Means Test The organisational website was also revamped in the year was reviewed by the Board and the proposed amendments under review, and is seeing more and more traffic being which were submitted in the previous financial year were directed from our social media presence. Legal Aid SA’s approved by both Houses of Parliament and duly gazetted main source of website traffic remains search engine by the Minister. The amendments came into operation on 29 results, which we continue to capitalise upon with improved March 2019. This increases the threshold limit of the Means search engine optimisation. An organisational Social Media Test to qualify for legal aid, making it possible for a larger and Website Strategy, benchmarked against global and number of persons to access legal aid. local research on social media output and measurement, as well as legal aid websites, has been developed. The Legal Practice Act was fully operationalised with effect from 1 November 2018. Legal Aid South Africa is The new Legal Aid South Africa website includes features represented on the Legal Practice Council and is actively such as translation into five different languages, audio and contributing to the development of an independent and visual tools to better assist with content accessibility, as well unified legal profession that is conscious of the need for as integration with Google Maps so as to enable members poor and indigent persons to be able to access justice as of the public to locate our service points with ease. contemplated in our Constitution.
The organisation is mindful of the implications of the Fourth The adoption of the United Nations (UN) Principles and Industrial Revolution and foresees digital communication as Guidelines on Access to Legal Aid in Criminal Justice Matters a long-term area of growth. continues to play a critical role internationally to guide sustainable development. This is paving the way for the development of With regard to paid media, Legal Aid SA rolled out short legal aid systems and increased access to justice by indigent campaigns encompassing new channels and avenues to persons in all member countries. The inclusion of access to place content in front of its target audience and to generally justice in the UN Sustainable Development Goals (SDGs) promote the brand. These new channels and avenues include which includes a set of 17 SDGs, or Global Goals, to end digital rank TV, billboards in mall corridors, branded taxis, in- extreme poverty and fight injustice and inequality over the next stadium perimeter boards and wall murals. 15 years is focusing efforts, both nationally and internationally, on measuring the achievement of these goals.
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SDG 16, Target 16.3 calls upon countries to: Promote the The provision of legal aid services further promotes the rule of law at the national and international levels and ensure rule of law and increases confidence in the fairness and equal access to justice for all. The common set of measures accessibility of the criminal justice system and the justice that have been agreed upon to track progress towards the system in general. This contributes to building a just society. goals and monitor the actions taken to achieve the SDGs are very narrow and focus only on criminal justice to the Legal Aid SA operates a mixed model of legal services exclusion of civil justice. delivery provided mainly by in-house legal practitioners who are augmented by Judicare and Co-operation Partners. Our There have been ongoing interventions to ensure that these legal aid services ensure access to justice for the populace, measures are enhanced, especially at national level, and especially in view of the high level of legal costs. The Means some progress has also been made in conjunction with our Test, which sets the threshold limits for persons to qualify for partners in delineating broader goals to achieve the goal legal aid, is periodically reviewed to widen the level of eligibility of ending extreme poverty and to fight the injustice and of legal aid services for the poor. Our greatest differentiator lies inequality that pervades South Africa and the rest of the in both our national footprint, and our toll-free Legal Aid Advice world. Specifically, Statistics South Africa have enhanced line, which ensure the presence of our services for both urban the Victims of Crime Survey to obtain baseline information and rural based citizens, thus facilitating access to justice. on the legal needs of South Africans and to whom they turn for assistance when they encounter a legal problem. Legal Aid South Africa’s lawyers are committed to deliver quality legal services to ensure a high standard towards the We await the results of the survey that are currently being progressive realisation of the rights of individuals. Our low analysed and will give further attention to these results turnover rate and recruitment and retention strategies have during the coming year. South Africa will be presenting its ensured that the legal experience and competency levels Voluntary National Review on implementation of SDGs at of our legal professionals is high and able to provide quality the High Level Political Forum of the UN during July 2019. legal services and advice to our clients. Substantial work has been done in conjunction with Statistics SA during the financial year to ensure that South Africa will Moreover, our Impact Litigation matters, including class be able to report on its progress in implementing the SDGs action lawsuits, positively impact the lives of groups of and particularly Global Goal 16, Target 16.3. persons and a large section of society by establishing legal precedent, jurisprudence and constitutional damages, 3.4 STRATEGIC OUTCOME ORIENTED GOALS resolving group disputes and influencing changes to laws The strategic outcome oriented goals of Legal Aid South and administrative systems that impact society. Africa are detailed in Part A, Section 3.1 of this Integrated Annual Report (page 9). Progress made towards the We actively manage our brand and reputation, driving achievement of the Objectives, Strategies and Programmes service excellence and accountability through integrity and as set out in the Legal Aid SA Strategic Plan 2015-2020 and people-centred values. Therefore, we use our combined Annual Performance Plan 2018-2019 is reported in Section skills, expertise and years of experience to lead and 4, Performance Information by Programme. manage the business operations of our organisation, being mindful of governance principles. The use of the practitioner 3.5 LEGAL AID SOUTH AFRICA REPORT ON THE per court model ensures the efficient and effective use of SIX CAPITALS resources in covering the criminal courts, nationwide.
The source of Legal Aid South Africa’s value creation is the Hence, we have maintained the high performance level of constitutional and legislative mandate which enables the our Business Plan goals for 2018-2019 consistently, along formulation of policies and strategies of the organisation. past achievements. Social and economic imbalances between South Africa’s affluent and poor persons necessitates the intervention Legal Aid SA’s active participation in the development of by the State through legal aid. We create value through SDG 16, Target 16.3 is a demonstration of our commitment the provision of professional legal services and legal to the rule of law and equal access to justice for all, both advice services. This value, created through the delivery locally and internationally. It is therefore our conviction that of professional legal aid services, assists clients to protect our strategy to drive a sustainable business growth for and defend their rights, thus positively impacting the lives of access to justice for all must be pursued by way of State the poor and vulnerable persons and children in our society. funding for legal aid services.
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Our report on the six capitals spans Financial capital, Manufactured Capital Manufactured capital, Human capital, Intellectual capital, Social and Relationship capital, as well as Natural capital. This Strategies: (1) Consolidate and review the national footprint report will also outline how the use of the six capitals impacts to ensure access to legal aid services, especially in rural on our business activities and the external environment to and remote areas, and (2) Building and maintaining an create value over the short, medium and long term. integrated and service-oriented cutting-edge Information Technology system. Financial Capital Legal Aid SA’s manufactured capital comprises mainly of Strategy: Increasing financial sustainability and managing its owned and leased office buildings, motor vehicles and the reductions to the budget. equipment. The organisation aims to regularly consolidate and review its national footprint to ensure seamless access The Board and management has in the 2018-2019 financial to legal aid services, especially in rural and remote areas. year reviewed the financial sustainability of Legal Aid South As at 31 March 2019, Legal Aid South Africa owned seven Africa in view of the general decline in the economy of buildings, with a carrying value in excess of R44 million. South Africa and the reduction of the grant allocations in Additionally, 127 buildings are currently being occupied recent years. Subsequently, organisational financial policies on an operating lease basis, with the annual office lease were also reviewed in order to be cost-effective and efficient payments amounting to R53 million. Legal Aid SA also has in administering finances and growing the organisation. The free occupation of two offices situated at the Courts. budget shortfall resulting from budget cuts necessitated a reduction on operational budget lines, capital budget, as Many LOs are located in urban areas while most SOs are well as employee benefits as a last resort to contain costs. located in peri-urban and rural areas with their locations generally close to the courts and positioned for ease of Consequential negative effects on the Employee Value access to clients. The organisation also has a fully functional Proposition (EVP) has resulted in management reviewing Advice Line that offers general legal advice on various legal strategies to sustain a positive organisational culture and matters, housed at the National Office in Braamfontein. In the maintain high performance. main, Legal Aid South Africa maintains acceptable standards for Health and Safety compliance of its office buildings. Procurement is generally governed by the PFMA, National Treasury SCM Directives, Guidelines and Instructions as Legal Aid SA has its own fleet of vehicles (a total of 633) to well as the Legal Aid SA SCM Policy. The organisation uses support court coverage, enabling our legal practitioners to the Judicare system to expand its service delivery to clients. travel to different courts across the country on a daily basis The accreditation of Judicare practitioners ensures effective for the purpose of client representation in courts, as well as procurement of their services. Allocation of services to other related services of the business. The carrying value of Judicare practitioners is based on Legal Aid South Africa’s our motor fleet amounted to R65 million as at 31 March 2019. B-BBEE Framework. The organisation’s current ratio as at 31 March 2019 was 1.38:1, indicating Legal Aid SA’s ability to The organisation uses technology-based delivery methods to pay its debts as and when they fall due. support the business processes, legal research, the drafting of civil legal documents and for payments of salaries and The procurement of office accommodation and the use creditors. All 135 sites of Legal Aid South Africa are connected of Sheriffs remain a challenge. A total of 127 Legal Aid nationally on a Virtual Private Network (VPN). The methods South Africa offices constitute rented accommodation while used for collecting information is based on inputs through the seven are owned buildings and two are offices which are core system, Ad Infinitum, which enables the production of made available at zero rent. The non-compliance to the Business Intelligence reports for informed decision-making. requirement of tax clearance by landlords and Sheriffs has, amongst others, led to irregular expenditure and a need for The use of the Legal Aid Advice Line is accessible to clients National Treasury condonations. nationwide and information for client engagement is accessible on the Legal Aid SA website and social media platforms including Twitter and Facebook. Mobile technology is used for inviting Judicare practitioner services on new matters and allocation of instructions on the basis of a defined method of determining the B-BBEE status of a law firm.
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The total value of the organisation’s computer equipment Strategic intervention for capacity development of staff in amounted to R54 million as at 31 March 2019. thematic areas of priorities are made possible through the Business Priority Conversations amongst staff. Legal Aid SA Human Capital offers bursaries to its staff to advance themselves academically.
Strategy: Developing and expanding the legal quality and The Workplace Skills Plan (WSP) and Annual Training expertise for each segment of the national footprint. Report (ATR) were reviewed and subsequently implemented to meet the operational requirements for The HR Strategy, HR policies as well as the terms and Legal and Support positions. conditions of employment were reviewed by the Board and submitted to the Ministers of Justice and Finance as Legal training programmes which enhance legal capacity required by section 18 of the Legal Aid SA Act. include CA beginner training, CA Board exam preparation, and criminal legal training on trial advocacy, sexual offences, All service delivery points were appropriately staffed during DNA and ballistics. The civil legal training programme 2018-2019 with staff recruitment at 92.8%. The staff turnover prioritised family law. Legal staff are also trained through rate excluding CAs was at 5.8%. The workforce component e-Learning (electronic learning) and the use of self-learning of Legal Aid South Africa is generally diverse, in line with modules by legal practitioners and paralegals strengthen annual targets to achieve employment equity goals, although work performance. Legal Aid South Africa invested an the achieved levels for African Females in the Senior, Top amount of R3,4 million in both legal and non-legal training Management and Professional Levels remains a challenge. during the reporting year and targets for training staff were Legal services are mostly provided by salaried legal exceeded. practitioners employed at LOs. In the 2018-2019 financial year we achieved 84% coverage at DCs and 94% coverage Social and Relationship Capital at RCs in ensuring access to criminal legal aid services for clients. Resource allocation for civil practitioners at each LO Strategy: Engage and serve clients, potential clients, covers all the civil courts within the jurisdiction of the LO. stakeholders and employees to strengthen relationships Judicare services and the use of Co-operation Partners and and client/people focus. Agency Agreements continues to supplement Legal Aid SA’s capacity to provide legal services through its LOs, thereby The underlying principle for growing Legal Aid SA’s brand ensuring a mix of service delivery mechanisms. The impact is for citizens to receive timely and accessible quality of the work undertaken and funded as Impact Litigation legal services. The last National Brand Perception Survey, successfully assisted in establishing legal precedent. The conducted in the 2017-2018 financial year, showed a organisational Performance Management Framework has brand awareness increase of 6% from the previous year; continued to deliver sustainable, holistic and integrated from 60% to 66%. Brand awareness is primarily driven by organisational performance above the 90% threshold. targeted marketing and advertising initiatives on African language station radio; television (SABC & eTV); in print The quality of legal services provided is generally of a high media; on outdoor media; the organisational website as well standard, with an independent Legal Quality Assurance Unit as social media. Furthermore, branding is also accentuated providing assurance of quality targets. Beyond performance through branded Legal Aid South Africa vehicles, prison management and legal quality assurance assessments, every cells branding, police stations branding, court branding as employee is assessed to determine their level of support needs. well through posters displayed at government key service delivery points. Intellectual Capital Legal Aid SA has increased access to justice through the Strategy: Developing and expanding the legal quality and administration of a Pro Bono Scheme, which encourages expertise for each segment of the national footprint. practitioners to render pro bono services to indigent and vulnerable individuals. The Leadership Heatmap and associated succession planning; Skills Audit of staff talent pools based on competency An audit by the Department of Justice and Constitutional framework; Performance Management and Individual Development has confirmed that 234 Legal Aid South Development Plans, as well as Functional Risk Assessments Africa employees are registered as Small Claims Court are tools used to review and strategically position Legal Aid Commissioners to ensure the speedy resolution of small South Africa’s capacity level of service delivery. disputes, thereby increasing access to justice for the poor.
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The organisation has a university outreach programme The electricity consumption for National Office improved by that aims to educate students on the career opportunities 1.47% from 960.92 kwh in 2017-2018 to 946.91 kwh in 2018- available to them to advance their legal careers, beginning 2019. CO² emissions expelled though flights decreased by with the CA Recruitment Programme. The use of social 23% from 176kg of emissions in the previous financial year media platforms assists in exploring media opportunities to 136kg in the reporting year. Recycling programmes are in to engage both clients and staff. The Legal Aid SA Client place and continue to be expanded to LOs. Management Strategy covers monitoring mechanisms for clients’ complaints and the professional ethical practices 4. PERFORMANCE INFORMATION BY of staff. Any contraventions in this regard are immediately PROGRAMME acted on through the disciplinary policy. The 2018-2019 Annual Performance Plan of Legal Aid SA Natural Capital was approved by the Executive Authority, the Minister of Strategy: Directing the organisation in such a way that it Justice and Correctional Services, Adv. M Masutha, MP, on does not adversely affect the natural environment, society 5 March 2018. or future generations. The following are the delivery statistics for the organisation Pursuant to the intended strategic outcome, water savings nationally and per province for the 2018-2019 financial measures implemented at National Office resulted in a year and the detailed performance information against the reduction of 117% consumption as compared to 2017- approved 2018-2019 Annual Performance Plan. 2018. Legal Aid South Africa’s vehicles’ CO² emissions also reduced by 1.5% in a year-on-year comparison.
Legal Aid SA funded the non-governmental organisation Lawyers for Human Rights (LHR) in an Impact Litigation matter involving the Grootkraal community, which produced a landmark judgment with a positive outcome and contributed to the development of common law of public servitude. Rural labourers and schoolchildren in Grootkraal, Oudtshoorn, were confronted with losing land after the Kobot Besigheids Trust bought it in 2010 and decided they wanted to develop the land into a game farm for commercial purposes. In the early 1800s the London Missionary Society settled in the Western Cape and established a mission stationed on a privately owned farm, which became known as the Grootkraal. Community members were allowed to use a small portion of the farm; about 4000 square metres of the 117 hectares of land. These community members were allowed to use the land for their communal activities, including churches, schools for their children, post collection, funerals, bazaars, and the like. The community ended up building a school on the land for their children’s education. They occupied and used the land for more than 200 years, spanning generations. At some stage, the farm was bought by one individual. In 2010 the Grootkraal community were threatened with eviction from the farm, as a result of the sale of the farm to a business trust via a public auction. The trust launched an eviction application to evict the community’s school, and in so doing, evicting the community as well. The Grootkraal community is an impoverished black and coloured community, comprised of domestic workers and artisans who needed protection of their right to land. Legal Aid SA provided financial assistance to LHR to file a counter-application to have their rights of use of the land recognised and registered against the title deed by virtue of a legal principle that relates to a right that has been exercised against another person and has been in existence for so long – since time immemorial – that no one can tell when, and therefore how, it arose. It is then assumed that the right arose lawfully, subject to the other party being able to rebut that presumption by showing that it had an unlawful origin. The community’s main argument was that due to the significant period that they made use of the land and occupied it, there should be some way in which the law protects them. The Western Cape High Court dismissed their counter- application and granted an eviction order, but it was stayed pending engagement processes with the MEC for Education in the Western Cape regarding the reallocation of the school children before the order can be executed. From 2011 to 2017 the MEC was unable to come up with a suitable plan. LHR applied for leave to appeal to the Supreme Court of Appeal (SCA) which was granted by the presiding Judge. The matter was argued at the SCA and judgment was delivered, setting aside an order by the Western Cape High Court evicting the Grootkraal community. The SCA also made an order that, subject to engagement between the community and the Minister of Agriculture, the Deeds Registrar may register the title of the land in their name, and warded the cost order.
34 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard
No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
OVERALL PERFORMANCE
Delivery of Business Plan
1 Client Community Achieved Achieved Achieved
2 Financial Sustainability Achieved Achieved Achieved
3 Business Processes Achieved Achieved Achieved
4 Employee & Organisational Achieved Achieved Achieved Capacity
EXECUTIVE AUTHORITY ACCOUNTABILITY
5 Quarterly/Annual Reports 5 5 On target 5 5 0.0%
6 Parliamentary Briefings 2 2 On target 1 3 100.0%
CLIENT COMMUNITY
7 New Legal Delivery Matters/ 416,203 426,617 444,962 -2.4% Instructions (i.e. number of instructions to legal practitioners) (excluding Pro Bono)
7.1 Local Offices – New Matters 362,958 398,203 95.3% 95.7% 406,754 421,431 -2.1% positive variance to target
(i) District Court 301,035 305,734 315,318 -3.0%
(ii) Regional Court 46,460 48,362 50,438 -3.9%
(iii) High Court (including SCA 2,916 3,552 3,596 -17.9% and CC)
(iv) Civil 45,296 47,792 5.5% 49,106 52,079 -2.7% positive variance to target
7.2 Judicare – New Matters 11,204 2.7% 11,789 16,766 -5.0%
7.3 Co-operation Partners – New 5,829 1.4% 6,330 5,534 -7.9% Matters
7.4 Agency Agreements – New 937 0.2% 1,719 1,189 -45.5% Matters
7.5 Impact Litigation – New Matters 30 0.0% 25 13 20.0%
7.6 Pro Bono 303 337 473 -10.1%
34 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 35 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued)
No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
% in Actual Performance column represents split across delivery systems
8 Finalised Delivery Matters/ 410,396 420,061 445,625 -2.3% Instructions (excluding Pro Bono)
8.1 Local Office – Finalised Matters 362,958 393,442 95.0% 8.4% 399,190 422,412 -1.4% positive variance to target
(i) District Court 300,668 299,685 322,791 0.3%
(ii) Regional Court 45,186 47,456 47,701 -4.8%
(iii) High Court (including SCA 2,678 3,193 3,296 -16.1% and CC)
(iv) Civil 45,296 44,911 0.8% 48,856 48,624 -8.1% positive variance to target
8.2 Judicare – Finalised Matters 9,972 2.4% 12,838 16,528 -22.3%
8.3 Co-operation Partners – Finalised 5,985 1.5% 6,461 5,530 -7.4% Matters
8.4 Agency Agreements – Finalised 971 0.2% 1,553 1,140 -37.5% Matters
8.5 Impact Litigation – Finalised 26 0.0% 19 15 36.8% Matters
8.6 Pro Bono 90 107 47 -15.9%
9.1 Criminal Total New Matters 362,213 87% 371,202 385,972 -2.4%
9.2 Civil Total New Matters 53,990 13% 55,415 58,990 -2.6%
10 General Advice 305,239 308,050 100.9% 0.9% 305,239 322,694 0.9% positive variance to target
10.1 Local Offices & Satellite Offices 232,507 228,523 98.3% 1.7% 232,507 253,681 -1.7% negative variance to target
10.2 Legal Aid Advice Line 47,863 47,921 110.1% 0.1% 47,863 41,777 0.1% positive variance to target
10.3 RD – Paralegals 24,869 31,606 127.1% 27.1% 26,611 27,236 -8.7% positive variance to target
36 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued)
No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
11 Children Awaiting Trial (Legal Aid SA clients only)
11.1 Pending (> 1 month in custody) 15 46 78 -67.4%
12 Children – Total Matters 16,173 16,350 18,025 -1.1%
12.1 Children – New Criminal Matters 9,486 59% 10,141 11,378 -6.5%
12.2 Children – New Civil Matters 6,687 41% 6,209 6,647 7.7%
13 Pending Matters
13.1.1 Pending Matters – Local Offices 175,628 172,401 164,813 1.9%
13.1.2 Total Backlog Matters (Local 33,541 19% 28,042 25,367 2.8% Offices)
13.2.1 Pending DC – Total (Local Office) 88,975 89,627 83,656 -0.7%
13.2.2 DC Matters > 6 months 20% 9,371 10.5% 9.5% 7,412 6,605 2.3% positive variance to target
13.3.1 Pending RC – Total (Local Office) 29,378 28,427 27,392 3.3%
13.3.2 RC Matters > 9 months 25% 9,817 33.4% 8.4% 8,479 7,664 3.6% negative variance to target
13.4.1 Pending HC – Total (Local Office) 4,399 4,200 3,953 4.7%
13.4.2 Pending HC – excluding Appeal 675 717 510 -5.9% Matters
13.4.3 HC Matters ≥ 12 months 30% 215 31.9% 1.9% 153 112 10.5% (excluding Appeal/Petition negative Matters) variance to target
13.5.1 Pending Civil – Total (Local 52,876 50,147 49,812 5.4% Office)
13.5.2 Civil Matters > 18 months 30% 14,138 26.7% 3.3% 11,998 10,986 2.8% positive variance to target
14 Legal services delivery – Quality Monitoring
14.1.1 CAs – IA (LQAU) File Audit Score 80% 86% 6% positive 86% 86% 0.0% variance to target
14.1.2 CAs IA (LQAU) Court 80% 88% 8% positive 89% 89% 1.0% Observation Score variance to target
36 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 37 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued) No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
14.2.1 LPs – IA (LQAU) File Audit Score 85% 90% 5% positive 90% 90% -0.0% variance to target
14.2.2 LPs – IA (LQAU) Court 85% 92% 7% positive 93% 93% 1.0% Observation Score variance to target
14.3.1 HCU LPs – IA (LQAU) File Audit 90% 92% 2% positive 93% 93% 1.0% Score variance to target
14.3.2 HCU LPs – IA (LQAU) Court 90% 94% 4% positive 94% 96% 0.4% Observation variance to target
14.4.1 LPs – Civil – IA (LQAU) File Audit 85% 90% 5% positive 91% 92% 1.0% Score variance to target
14.4.2 LPs – Civil – IA (LQAU) Court 85% 93% 8% – – Observation Score positive variance to target
15 Community Outreach Programme
15.1 – Prison Cells (total 331) 331 100% 547 165.3% Positive 558 512 -2.0% Branding variance to target
15.2 – Police Cells (total 913) 913 100% 1,347 147.5% Positive 1,497 1,300 -10.0% Branding variance to target
15.3 – Court (total 1,028) Branding 1,028 100% 1,257 122.3% Positive 1,262 1,067 -0.4% variance to target
15.4 – Community Events at 1,032 100% 1,101 106.7% Positive 1,536 824 -28.3% Government key points (target variance to 1,032) target
FINANCIAL SUSTAINABILITY
16 Budget 1,900,043,664 1,806,965,466 1,830,537,692 2.1%
16.1 MTEF Allocation 1,800,892,000 1,754,394,000 1,577,171,000 2.7%
16.2 Expenditure (% of budget) 98% 1,861,260,058 98.0% On target 1,837,124,887 1,809,439,652 -0.7%
16.3 Payments (%) within 30 days
16.3.1 Judicare 100% 97.7% Below target 85.4% 91.8% 12.3%
16.3.2 Creditors 100% 99.3% Below target 99.3% 99.5% 0.0%
17 AFS reporting issues
17.1 Fraud detected/reported – 1 2 -100.0%
17.2 Unauthorised, Irregular, Fruitless, 39 38 62 -38.7% Wasteful Expenditure
17.3 Irregular Expenditure – Sheriffs 490 100%
17.4 Financial Misconduct 35 15 68 -77.9%
38 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued) No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
18 Supply Chain Management
18.1 BAC Meetings 12 or as 16 On target 14 16 14.3% required
18.2 Business Continuity/Crisis 2 1 On target 1 1 0.0% contingency plan – Meetings
19 Board
19.1 Meetings 4 5 On target 5 4 0.0%
19.2 Training 2 2 On target 2 2 0.0%
19.3 Board positions filled 14 14 On target 14 14 0.0%
20 Auditor-General Report
20.1 A-G Overall Report (2017/18) Unqualified Achieved Unqualified Unqualified
20.2 A-G Matters of Emphasis/ 0 – 0 0 mention (2017/18)
21 Internal Audit Reports
21.1 IA Coverage – completed reports 167 95% 166 99% Positive 156 167 6.4% variance to target
BUSINESS PROCESSES
22 System Availability (%) 99% 99.58% 0.58% 99.58% 99.6% 0.0% positive variance to target
23 User support (% calls within 90% 92.23% 2.23% 92.4% 91.4% 0.2% agreed time) positive variance to target
23.1 IT Security – viruses blocked at 95% 100% Achieved 100% 100% 0.0% firewall
23.2 Business Intelligence – available 99% 100% Achieved 99.94% 100% -0.1%
23.3 Disaster Recovery – tested Postponed to Q1 Tested Tested successfully successfully successfully
23.4 WAN Availability 95% 94.64% 0.36% 97.09% negative variance to target
EMPLOYEE & ORGANISATIONAL CAPACITY
24 Infrastructure
24.1 Legal Aid SA Local Offices 64 64 Maintained 64 64 0.0%
24.2 Legal Aid SA Satellite Offices 64 64 Maintained 64 64 0.0%
38 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 39 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued) No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
25 Legal Staffing (only Legal Aid SA Local Offices)
25.1 LPs (100% = 1,048 LPs) 98% 956 91.2% 6.8% 994 1,057 -3.8% negative variance to target
25.2 CAs (100% = 562 CAs) 98% 531 94.5% 3.5% 550 578 -3.5% negative variance to target
25.3 Legal Managers (100% = 344 98% 321 93.3% 4.7% 328 333 -2.1% posts) negative variance to target
25.4 Paralegals (100% = 172 posts) 98% 167 97.1% 0.9% 166 168 0.6% negative variance to target
26 Staffing
26.1 Establishment (budgeted posts) 2,756 2,761 2,863 -0.2%
26.2 Number of staff (recruited) 98% 2,557 92.8% Lower than 2,627 2,751 -2.7% target
26.3 Number of Legal staff (including 2,182 2,184 2,275 -0.1% Paralegals) (budgeted)
26.4 Number of Legal staff (including 2,022 79.1% 2,084 2,186 -3.0% Paralegals) as % of total staff (recruited)
26.5 Turnover excluding CAs & Less 5.8% 6% -0.3% Temporary/Contract Staff than 10%
27 Employee Relations
27.1 Grievances 52 2% of 24 0.94% 1.06% 22 22 9.1% total positive staff variance to target
27.2 Disciplinary hearings 65 2.5% 8 0.31% 2.19% 18 33 -55.6% of total positive staff variance to target
27.3 Disciplinary matters 65 4% of 32 1.25% 1.25% 21 41 52.4% total positive staff variance to target
27.4 New Labour disputes 108 4% of 15 0.59% Less labour 8 12 -33.3% total disputes staff than target
40 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued) No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
28 Staff training
28.1 National Legal Training (training hours)
28.1.1 Legal staff (8 hours per legal 10,796 6,376 79% Lower than 11,621 13,200 -45.1% staff – excl CAs) target
28.1.2 Paralegals (4 hours per 674 1,006 149% Higher than 1,296 2,330 -44.4% paralegal) target
29.1 Legal staff (Legal Aid SA Local Office training hours)
29.1.1 – CA (24 hours per CA) 12,176 17,598 145% Higher than 21,257 26,263 -17.2% target
29.1.2 – LP (subject to needs profile) 966 13,988 145% Higher than 18,547 28,917 -24.6% target
29.2 Support Staff Training
29.2.1 – Non-legal staff (hours) 13,651 14,976 110% 9.71% 18,700 17,080 -19.9% positive variance to target
29.2.2 – Non-legal managers (hours) 1,987 2,208 111% 11.12% 5,132 3,946 -57.0% positive variance to target
30 Health & Safety
30.1 Injury on duty 1% of 17 0.3% 0.34% 22 16 -22.7% total positive staff variance to target
30.2 HIV/AIDS – Voluntary counselling 30% Cancelled 41% 40% and testing (% of staff tested) due to budget constraints
31 Employment Equity
31.1 Overall total staff (includes 2,684 2,685 2,827 0.0% contract and temporary staff)
31.1.1 Blacks 91% 2,411 89.8% 1.2% 89.2% 89.1% 0.6% negative variance to target
31.1.2 Africans 77% 1,960 73.0% 4% negative 72.4% 72.4% -0.7% variance to target
31.1.3 Women 45% 1,446 53.9% 9.4% 53.2% 53.0% -0.6% positive variance to target
40 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 41 PERFORMANCE INFORMATION
Table 2: Legal Aid SA Corporate Dashboard (continued) No. Indicator Performance – 2018/19 Performance prior years Variance
Annual Target Actual Performance 2017/18 2016/17 FY 2018/19 Variance compared against to FY Number % Number % target Number/% Number/% 2017/18
31.1.4 People with disabilities 2% 47 1.8% 0.2% 1.8% 1.7% 0.0% negative variance to target
31.2 Senior Management 115 113 1.8%
31.2.1 Blacks 91% 93 80.9% 10.1% 80.5% 80.9% -0.3% negative variance to target
31.2.2 Africans 77% 71 61.7% 15.3% 60.2% 61.7% -1.6% negative variance to target
31.2.3 Women 45% 47 39.8% 3.4% 39.8% 40.0% -1.1% negative variance to target
In the Constitutional Court case of Holomisa v Holomisa, a 47-year-old unemployed mother of two children says her Impact Litigation matter highlights the discrimination against women who live in a patriarchal community in the former Transkei. According to the court papers, to date there is no legislation making it possible for women married under the Transkei Marriage Act to seek a redistribution of assets on divorce. She approached the court alleging that in so far as her marriage is out of community of property, section 7(3) of the Divorce Act 70 of 1979 is unconstitutional as she and other women married in terms of the laws of the former Transkei do not have the right to seek a redistribution of assets on divorce. In this case the divorce was finalised at the Mthatha Regional Court in 2014 in Mrs Holomisa’s absence and without having any knowledge that the matter would be before court.
The Regional Court found that Mr and Mrs Holomisa were married in community of property and Mr Holomisa appealed to the Mthatha High Court, which came to the same conclusion but for different reasons. He then appealed to the SCA, which ruled in May 2017 that the couple’s marriage regime was out of community of property. Meanwhile, Legal Aid SA applied to the Constitutional Court, which heard the matter on 14 August 2018 and the Minister of Justice and Correctional Services was joined in the case. During the arguments at the Constitutional Court the main contentious issue was the rationalisation of marriage laws across the former homelands. The Court was asked to decide whether section 7(3), in its failure to rationalise the position of women in the former Transkei, was constitutionally invalid. It was accepted by all parties that the marriage was out of community of property. In a unanimous judgment penned by the Honourable Justice Froneman, the Court held that section 7(3) of the Divorce Act created a ‘discriminatory oddity’ that prevented judges from exercising their discretion to order the redistribution of assets for women married out of community of property in the former Transkei. The Constitutional Court declared section 7(3) of the Divorce Act constitutionally invalid insofar as it prevented women married under the Transkei Marriage Act, out of community of property, from claiming redistribution of assets on divorce. This is a landmark judgment which will benefit a lot of women in a similar position to the Applicant in this case.
42 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 Table 3: Legal Aid SA Corporate Dashboard Provincial Split – 2 30 28 937 303 937 189 97% 5,829 9,742 1,121 1,462 4,708 11,204 47,792 Number 416,203 398,203 350,411 Full Year – 4 26 44 322 322 97% Cape 2,124 2,411 2,080 1,110 5,475 1,301 89,226 84,369 78,894 Number Western – – 4 8 787 284 284 779 91% Cape 1,255 16,950 15,879 14,624 Number Northern – – – 71 20 14 27 71 848 821 97% 4,215 27,843 26,924 22,709 Number North West – – – 8 19 35 320 196 285 196 94% 3,164 26,408 25,892 22,728 Number Mpumalanga – – 7 7 35 34 55 309 254 95% 3,670 22,762 22,446 18,776 Number Limpopo – – – 34 20 327 252 327 96% Natal 2,450 2,198 8,128 PERFORMANCE – 2018-2019 67,690 64,913 56,785 Number KwaZulu– – – – 81 69 503 98% 2,152 1,446 1,649 8,600 1,446 74,480 70,882 62,282 Number Gauteng – – 5 34 324 805 324 378 97% 1,183 5,347 32,890 31,383 26,036 Number Free State Free – – 50 11 35 871 160 97% Cape 1,378 1,031 7,938 1,367 57,924 55,515 47,577 Eastern Number
% 90%
Annual Target 382,726 Number
INDICATOR Average National LOPM New Legal DeliveryNew Legal Matters/Instructions of number (i.e. instructions to legal practitioners) Local Offices - Total New Local Offices - Matters Judicare - Total New - Total Judicare Matters Co-operation PartnersCo-operation - New Matters Total Agency Agreements - Agency New Matters Total Impact Litigation Pro Bono Local Offices - New Criminal Matters Judicare - New Criminal Judicare Matters Co-operation PartnersCo-operation - New Criminal Matters - New Impact Litigation Criminal Matters Pro Bono - New Criminal Matters Agency Agreements - Agency New Criminal Matters Local Offices - New Civil Matters Judicare - New Civil Judicare Matters Co-operation PartnersCo-operation - New Civil Matters Impact Litigation - New Impact Litigation Civil Matters Agency Agreements - Agency New Civil Matters No. LO PERFORMANCE MONITOR LO 1 CLIENT COMMUNITY 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.11 2.12 2.10 2.13 2.14 2.15 2.17 2.16
42 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 43 Table 3: Legal Aid SA Corporate Dashboard Provincial Split 64 64 26 90 114 956 531 321 971 9,972 5,985 2 556 2 369 9,486 6,687 53,990 16,173 Number 410,396 393,442 362,213 Full Year 1,562,853,092 9 9 1 22 82 47 145 365 385 350 477 Cape 1,698 2,743 6,820 3,641 3,164 90,583 85,777 82,406 Number Western 238,194 589 3 4 6 37 16 16 93 604 267 107 778 569 209 Cape 1,263 17,518 16,647 15,687 Number Northern 65,071,353 7 6 3 4 52 33 68 24 749 148 144 954 554 400 4,313 27,192 26,375 23,530 Number North West 84,803,905 4 11 10 73 30 23 265 257 174 162 634 298 336 3,395 26,229 25,707 23,013 Number 91,201,493 Mpumalanga 5 1 7 65 32 23 28 13 80 239 177 166 489 409 3,725 21,221 20,954 19,037 Number Limpopo 114,484 671
10 14 11 51 22 157 103 409 431 400 Natal 1,872 8,707 2,861 1,297 1 564 PERFORMANCE – 2018-2019 65,411 63,130 58,983 Number KwaZulu- 262,930 146
4 10 12 59 12 187 122 511 475 2,093 1,339 2,581 1,276 1,305 74,065 70,633 63,931 10,549 Number Gauteng 321,512 019 6 3 29 75 38 28 23 311 210 194 835 812 1,429 5,725 1,647 32,219 30,479 27,165 Number Free State Free 129,424 112
10 15 11 75 50 15 165 413 385 Cape 1,023 1,169 9,465 2,588 1,084 1,504 55,932 53,740 48,459 Eastern Number 255,230 804
% 98% 98% 98% 98% 100% of new matters
64 64 Annual Target 2 556 2 369 Number INDICATOR Infrastructure Local Offices (LOs) Pro Bono Satellite Offices (SOs) Satellite Finalised Delivery Matters/Instructions LPs (100% = 1048 LPs) Legal Staffing (Only LOs, LOs, Staffing (Only Legal Office) National excludes Local Offices - Finalised Matters CAs (100% = 562 CAs) Judicare - Finalised Judicare Matters Legal ManagersLegal (100% = 344 posts) Co-operation PartnersCo-operation - Finalised Matters Agreements Agency Establishment (budgeted Establishment posts) Staffing (Only LOs, LOs, Staffing (Only Office) National excludes Impact Litigation Pro Bono Number of staff (recruited) Criminal new matters Civil new matters Budget per province National (total excludes Office) Children - Total matters Children - Total Children - New Criminal Matters Children - New Civil Matters No. CAPACITY & ORGANISATIONAL EMPLOYEE 6 6.1 2.18 6.2 3 7.1 7 3.1 7.2 3.2 7.3 3.3 3.4 8.1 8 3.5 3.6 8.2 4.1 4.2 9 5 5.1 5.2
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Table 4: Annual Performance Report
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance O1 Empowered clients and communities making informed choices about their legal rights and responsibilities S1 Delivering quality client-focused legal aid in criminal matters, particularly for the poor and vulnerable groups P1 To deliver quality criminal legal aid services that are client-focused, within budget constraints P1-1 Access to Criminal Legal Coverage Targets: Legal aid provided to Legal Aid SA LO court Aid Services Average DC coverage: qualifying accused coverage plans are ≥80% persons. reviewed bi-annually Average RC coverage: to ensure coverage ≥90% of all criminal courts. HC Coverage: All legal We had 84% planned aid matters covered coverage of DCs as at the end of FY 2018/19. A practitioner per court model was used in DCs. A practitioner per court model was used in RCs. Our RC planned coverage at the end of FY 2018/19 was 94%. A central court roll model was in place for HC coverage and representation was provided in all matters that required legal aid. Our HC practitioners were allocated for 75% of the scheduled court days. 416,203 new matters were taken on for the financial year. Of this figure, 362,213 (87%) were criminal matters and 53,990 (13%) were civil matters. The 362,213 criminal matters comprised 306,631 (85%) DC matters; 51,847 (14%) RC matters and 3,735 (1%) HC matters. For FY 2018/19, 410,396 matters were finalised, of which 359,075 (87%) were criminal matters and 51,321 (13%) were civil matters.
The criminal matters comprised 305,572 (85%) DC matters; 50,137 (14%) RC matters and 3,366 (1%) HC matters.
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Table 4: Annual Performance Report (continued)
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance O2 All poor and vulnerable persons able to access quality legal services to protect and defend their rights S2 Delivering quality client-focused legal aid, including to poor and vulnerable groups, in civil matters with a priority focus on constitutional rights P2 Deliver quality civil legal aid services that are client-focused, with a priority for constitutional rights, within budget constraints P2-1 Access to Civil Legal Aid Civil legal aid delivery: Civil clients assisted In the 18/19 FY we took Instructions to Judicare Litigation Services I.LO: ≥90% of civil within available capacity. on 53,990 new civil practitioners were low practitioner target matters through our in the first half of the FY calculated at 98% delivery mechanisms as they were reluctant to recruitment which exceeds the target accept civil instructions. II. Judicare: ≥4% of LO of 49,480 by 4,510 (9%). Interventions from civil matters Internal practitioners took Provincial Executives III. Co-op: Based on on 86% (47,792) of the and HoOs increased the budget allocation (based new civil matters, which instructions issued in the on cost/case being lower exceeded the target second half of the FY. than Judicare cost/case (45,296) by 6%. Continued engagements for civil matters) 1,462 Judicare will take place to ensure instructions were issued, further improvement. which is 19% below the target (1,812). Co-operation Partners took on 4,708 new matters, which exceeds the target by 198%. In the 18/19 FY we The total civil finalised finalised 51,321 civil matters is 2,669 matters matters through our less than the total mixed model delivery new civil intake. This mechanism. This is negative clearance rate 13% of the total matters is as a result of internal finalised in the 18/19 FY. practitioners finalising Internal practitioners 2,881 matters less than finalised 44,911 matters the new matters they took (88% of civil finalised on. Staff rationalisation matters); Co-operation affected LOs as Partners finalised 4,841 vacancies could not be matters (9% of civil filled. finalised matters) and Judicare practitioners finalised 1,548 matters (3% of civil finalised matters) in the 18/19 FY. S3 Delivering quality client-focused legal advice services P3 To deliver (increase access) quality legal advice services that are client-focused, within budget constraints P3-1 Legal Advice Services General advice service General advice service In the 18/19 FY, Legal Aid General advice is available at all Legal Aid provided at all offices. SA provided general legal demand-based. No SA offices advice to 308,050 clients clients who seek general Growth in legal advice through its LOs and SOs legal advice are turned matters: 0% (target set and the Legal Aid Advice away. When paralegals at 0% subject to demand Line. This is a slight at LOs or SOs are not and available capacity) increase of 0.9% (2,811) available, other staff from the previous FY. assist where available, or Paralegals and other clients are linked to the staff at LOs and SOs Legal Aid Advice Line. assisted 228,523 clients, which is 74% of the total general advice clients assisted. The Legal Aid Advice Line assisted 47,921 clients which is 16% of all general advice. RD paralegals assisted 31,606 clients in prisons which makes up 10% of the total number of clients assisted.
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Table 4: Annual Performance Report (continued)
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance S4 Delivering client-focused Impact legal aid services, delivering access to justice for poor and vulnerable groups; particularly in social justice matters P4 To give content to the Constitution through Impact Litigation – which is able to address constitutional rights and socio-economic rights and develop jurisprudence on social justice matters P4-1 Impact Litigation Impact matters as Legal representation The ILU assessed a total The outcome of litigation addressing social justice approved by the CCMC provided in impact number of 62 matters is not determinable with within budget matters. for recognition as impact certainty or guaranteed. matters. 41 of those CCMC did an initial ≥90% success matters were presented assessment of the merits to CCMC for recognition and was satisfied that the as impact matters and matters had a reasonable CCMC approved 30 prospect of success. new matters as impact matters for funding within the approved budget. A total of R4,740,144.70 was approved by CCMC out of a budget of R5,03 million for impact matters in FY 18/19. This translated to 94% expenditure of the available impact budget for the FY. 26 matters were finalised, and 19 matters were finalised with an outcome. 17 of the 19 were finalised with a successful outcome, clarifying or providing certainty on a question of law, and 2 with a negative outcome. 7 were finalised without an outcome. This translates to a 89.4% success rate. At the end of the FY, a total of 56 matters were pending. O3 An accessible, fair, efficient, independent and effective justice system serving all in South Africa, contributing to building safer communities S5 Contributing to the effective functioning of the justice and legal sector to assist in building safer communities P5 To participate in, contribute to and influence structures aimed at improving the functioning of courts and justice system P5-1 Participate in National Attendance at NEEC and Participation in National Legal Aid SA attends and Provincial Efficiency PEEC meetings as per and Provincial efficiency NEEC and PEEC Enhancement Structures meeting schedules enhancement structures. meetings that are arranged, in order to advance the interests of Legal Aid SA as well as contribute to the efficient operation of the justice system.
Legal Aid SA attended the following meetings as at the end of the financial year: NEEC meetings - 1; PEEC meetings - 36.
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Table 4: Annual Performance Report (continued)
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance O4 Delivering on our constitutional and statutory mandate in an independent, accountable and sustainable manner S6 Accounting to the Department of Justice and Correctional Services, and Parliament, on delivery of mandate, governance and sustainability P6 To account and provide assurances to the Department of Justice and Correctional Services and Parliament, on performance and governance P6-1 Reporting and 4 quarterly performance 4 quarterly performance Accurate reports were accountability to the reports reports; submitted to the EA as Executive Authority 1 Annual Report. follows: 1 Annual Report Four (4) x Report on Performance against Annual Performance Plan for 2018-2019 submitted to the EA.
One (1) x Annual Report 2017-2018 was submitted to the Executive Authority, National Treasury, Auditor-General and tabled in Parliament timeously.
Two (2) x briefing sessions of the Portfolio Committee were held in the 2018/19 FY. FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY O5 An organisation embedding sustainable practice in every segment of the organisation, to positively impact on society, the economy and the environment S7 Increasing financial sustainability and managing the reductions to the budget P7 To improve financial planning (budgeting), including managing the budget cuts to ensure a balanced budget P7-1 Financial Planning Balanced budget Approved balanced Prepared MTEF 2019/20 (in consideration of MTEF and Budget. -2021/22 which is government grant aligned to the Strategic allocation and available Plan. The MTEF includes cash reserves for Legal the budget cuts for Aid SA) 2019/20 and 2020/21 financial years. Proposal for additional funds was also submitted to National Treasury and the DoJ requesting a reversal of budget cuts for the 2019/20 and 2020/21 financial years. The budget cut of R98 million for 2019/20 was reversed. Legal Aid SA spent and committed 98% of the 2018/19 budget as at 31 March 2019.
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Table 4: Annual Performance Report (continued)
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance P8 Ensure strong and best practice financial reporting to ensure unqualified audit and optimum financial maturity P8-1 Financial Reporting Annual and mid-year Annual and mid-year Prepared Annual Financial Statements Financial Statements. Financial Statements compliant with relevant that are compliant standards and with the financial regulations reporting framework and regulations. Annual Financial Statements were approved by the Board at the May 2018 meeting and submitted to the Auditor-General and National Treasury timeously. Legal Aid SA received an unqualified audit opinion from the Office of the Auditor- General. Mid-year Financial Statements were presented to the Audit Committee and the Board at the November 2018 meetings. O6 Embedding good governance, high ethical standards and integrity, high performance and accountability S8 Maintaining and enhancing good governance P9 To ensure best governance practices (PFMA compliance, King IV guidelines & other relevant statutory requirements) P9-1 Compliance with 100% compliance with Monthly statutory Reviewed the Statutory Requirements statutory requirements compliance and compliance universe, including Legal Aid deadlines exception ensured sign off of proof South Africa Act and listings; of statutory compliance PFMA Quarterly updated by Executives. Reviewed compliance provisions; and revised quarterly Quarterly Compliance compliance checklists. Reports; Legal Aid SA was Six monthly updated materially compliant with Legislative Universe relevant legislation. Reports.
P10 Independent monitoring and oversight unit providing combined assurance Audit Coverage Plan informed by Combined Assurance Model, Enterprise Risk Management Plan and Internal Control Framework, developed and implemented by IAD P10-1 Risk-based Audit ≥95% of 2018-19 Audit One Annual Audit The Internal Audit Three 1% (1 project) variance Coverage Plan Coverage Plan delivered Coverage Plan; Year Rolling Plan for on the approved One Revised Mid-Year 2018/19 to 2020/21 and Annual Plan was not Audit Coverage Plan; the Annual Coverage conducted - the legal Audit Reports issued as Plan for 2018/19 were data migration review per the Audit Coverage approved on 24 February could not be performed Plan. 2018. as the project to migrate One hundred and sixty- data from Ad Infinitum six (166) (99%) audit to the eLAA system projects were completed was not completed. against the annual target The Computer Audit of one hundred and project, eLAA Release sixty-seven (167). Six (6) One Progress Report additional projects were Part 2 was conducted completed outside of the in replacement of the approved Annual Plan, above. making the overall total achievement for the FY 102%.
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Table 4: Annual Performance Report (continued)
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance P11 An effective and strategic Board providing leadership and oversight of delivery on performance P11-1 An effective, functional Properly constituted Board meetings as per As at the end of Q4 Board Board (in terms of Legal schedule; 2018/19, the Board Aid SA Act, 2014) Governance instruments of Legal Aid SA was approved by the Board. fully constituted. Board Committees were in existence and functioned effectively. An effective and strategic Board provided leadership and oversight of delivery on performance of Legal Aid SA. An additional Board meeting was held on 16 March 2019 for newly appointed Board members, to bring the total number of meetings of the Board for the FY to five (5). INTERNAL BUSINESS PROCESSES PROGRAMMES PER STRATEGY O7 Revised Legal Aid Act and its subsidiary legislation enacted and implemented S9 Maintaining a regulatory framework incorporating best practices aligned to constitutional values P12 Ensure the implementation of the rewritten Legal Aid Act and the gazetting/implementation of the Legal Aid Regulations (policy) and Legal Aid Manual (procedures) P12-1 Legal Aid SA Act (2014) Prepare amendments to Take necessary steps Proposed amendments The DoJ&CD removed the Regulations for the to ensure that the Legal to the Legal Aid SA Act our submissions in the Board to recommend as Aid SA Act (2014) is will be incorporated in 2018 Judicial Matters and when required revised and propose the 2019/2020 Judicial Amendment Bill. amendments where Matters Amendment Bill required. by DoJ&CD. P12-2 Legal Aid Regulations Prepare amendments to Ensure updating of The Regulations (Policy) Regulations for the Board Regulations where came into operation to recommend when required. on 29 March 2019, required (at least every amending the Means alternate year) Test as provided for in Regulation 27. P12-3 Legal Aid Manual Prepare amendments Take necessary steps Revised Legal Aid (Procedures) to the Legal Aid Manual to ensure that the new Manual came into for approval by the Legal Aid Manual is operation on 29 Board and submission updated as required. November 2018. In Q4, to the Minister for the Board approved tabling in Parliament, the amendment to when amendments are the Manual relating to required payment for travel for Judicare practitioners. O8 An effective, efficient, economic and environmentally responsive supply chain management system supporting client services delivery and internal business processes S10 Sustain strong financial management, supply chain and asset management practices P13 To maintain a strong supply chain management framework and practices P13-1 Supply Chain 100% compliance with Quarterly reports on Implemented Supply Management PPPFA, PFMA and acquisition of goods/ Chain Management relevant NT regulations services in excess of Policy. Reported when acquiring goods R0,5 million, indicating deviations above R1 and services compliance with PPPFA, million to National PFMA and relevant NT Treasury and the Auditor- regulations. General and these were submitted to the Board for noting. Approved deviations for bids above R1 million were submitted to National Treasury and the Auditor- General.
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Table 4: Annual Performance Report (continued) EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance O9 An appropriately resourced national footprint reaching the poor and vulnerable persons requiring legal assistance S11 Consolidate and review the national footprint to ensure access to legal aid services, especially in rural and remote areas (including the use of technology as well as other low cost service alternatives) P14 Appropriately staff all service delivery points P14-1 Review and develop Recruitment at ≥98% Staffing plans ensure Staff recruitment for The recruitment rate staffing plans to meet effective management 2018/19 is at 92.8%. is at 92.8% due to the operational requirements of recruitment statistics Staff turnover rate, moratorium placed on for Legal and Support at ≥98% excluding CAs, is at staff recruitment after positions 5.79%. budget cuts and the shortfall of R134 million in the FY. O10 Competent, dedicated, motivated and empowered employees capacitated to deliver the constitutional mandate and organisational strategies S12 Developing and expanding the quality and expertise for each segment of the national footprint P15 To strengthen and improve organisational competences and expertise required for delivery of quality outcomes P15-1 Skills Development Submission of the ATP and ATR submitted Submitted 30 April 2018. Workplace Skills Plan to SASSETA in (WSP) and Annual compliance with the Training Report (ATR) Skills Development Act. in compliance with the Skills Development Act
P15-2 Employment Equity Implementation of the Diverse workforce in Overall, African men, approved Employment line with annual targets Coloured men and Equity (EE) Plan 2015- to achieve employment people challenged 2020 equity goals; with disabilities are EE Plan and Reports. underrepresented groups. There is also a challenge with African females in the Senior, Top Management and Professional Levels. Disability recruitment grew from 0.9% to 1.75% of a target of 2%. O11 A modern and appropriate, integrated, secure and cost-effective IT Platform supporting the provision of client services and linkages and enabling internal business needs S13 Building and maintaining an integrated and service-oriented cutting-edge Information Technology system P16 Maintain a modern IT Platform (including hardware, software, middleware and IT network infrastructure) P16-1 IT Network VPN connected to all Provide effective The average WAN Negative variance of sites and available at throughput of reliable availability for the FY 0.62% below the target 95% of the time data across accessible 2018/19 was 94.38%. of 95% was due to Legal IT systems. Aid SA offices relocated without connectivity, as well as load shedding. P16-2 IT Hardware IT hardware capacity Hardware available to The average server aligned to business support, maintain and availability was 99.58% needs and available 99% sustain business needs. in FY 2018/19. of the time
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Table 4: Annual Performance Report (continued)
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY Project Project Description KPI/Measures Outputs Delivery Reason for Variance S13 Building and maintaining an integrated and service-oriented cutting-edge Information Technology system P16 Maintain a modern IT Platform (including hardware, software, middleware and IT network infrastructure) P16-3 IT Software and IT software and Updated, reliable and The introduction of Applications applications fully dependable IT software an online register integrated with IT and applications and enhancement software upgrade responsive to business of the HR Online roadmap in place and needs. Portal has resulted available 99% of the time in a reduction in our carbon footprint, in line with the organisational Sustainability Strategy (focus on going green). The introduction of the Sharepoint document management system has helped to reduce the growing demand of online storage as multiple users are able to work on the same documents which are version controlled. IT systems have been aligned to the new naming conventions to comply with the new corporate identity. The overall software and application availability was at 99.58%.
5. SUMMARY OF FINANCIAL INFORMATION Table 5: Summary of Financial Information REVENUE COLLECTIONS 2018–2019 2017–2018 Actual amount Over/(under) Actual amount Over/(under) Sources of revenue Estimate collected collection Estimate collected collection Grant 1,764,342,000 1,800,892,000 36,550,000 1,754,394,000 1,754,394,000 – Sponsorship for – 200,958 200,958 conference Interest 21,500,000 22,425,190 925,190 21,500,000 23,193,726 1,693,726 Commission and 118,056 118,056 136,097 136,097 legal fees received/ recovered Profit on disposal of 2,328,100 2,328,100 1,333,637 1,333,637 assets Sundry income 1,139,325 1,139,325 877,856 877,856 1,785,842,000 1,826,902,671 41,060,671 1,775,894,000 1,780,136,274 4,242,274 Note: 1. The over collection on the grant is due to additional funds of R30 million from the DoJ&CD and R6,5 million for the IJS. 2. The R925,190 interest is additional interest received from the Reserve Bank - Corporation for Public Deposits (CPD) on funds invested with them. This is due to higher interest rates received from CPD which were higher than estimates thereof. 3. The amount of R2,3 million is profit realised from the sale of old and fully depreciated assets disposed of during the 2018- 2019 financial year. 4. The R1,1 million surplus which is included in the sundry income is mostly recoveries from other operations.
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Table 5: Summary of Financial Information (continued) PROGRAMME EXPENDITURE The Budget is in terms of the cash basis while the expenditure is on the accrual basis. 2018–2019 2017–2018 Actual (Over)/under Actual (Over)/under Programme name Budget expenditure expenditure Budget expenditure expenditure Client, Community, 1,304,394,300 1,259,203,495 45,190,805 1,307,326,352 1,296,052,970 11,273,383 Stakeholders and Shareholders Finance and 24,901,355 24,901,355 – 25,853,340 25,853,340 – Sustainability Business Processes 14,595,272 14,595,272 – 15,153,253 15,153,253 – (Internal) Employee and 533,429,525 516,500,192 16,929,333 533,199,677 501,795,128 31,404,549 Organisational Capacity and Innovation and Learning 1,877,320,452 1,815,200,314 62,120,138 1,881,532,622 1,838,854,690 42,677,932 Judicare commitments 54,814,080 52,271,705 2,542,375 60,798,557 53,686,330 7,112,227 1,932,134,532 1,867,472,019 64,662,513 1,942,331,179 1,892,541,020 49,790,159 Note: 1. The R64,3 million under expenditure is due to commitments of R41,7 million for which rollover has been requested; surplus of R4,5 million comprising R925 thousand due to over recovery of interest from CPD, R2,3 million from sundry income and R1,1 million proceeds from sale of assets, as well as savings from operations of R18,4 million.
CAPITAL INVESTMENT, MAINTENANCE AND ASSET MANAGEMENT PLAN
Infrastructure 2018–2019 2017–2018 projects/capital Actual (Over)/under Actual (Over)/under assets Budget expenditure expenditure Budget expenditure expenditure Building improvements 9,140,885 2,381,156 6,759,729 9,407,761 – 9,407,761 Computer hardware 13,280,182 8,395,221 4,884,961 12,426,194 774,628 11,651,566 Computer software 11,199,254 7,546,499 3,652,755 8,805,430 7,112,120 1,693,310 Furniture and 1,217,337 1,121,525 95,812 778,121 774,628 3,493 equipment Leasehold 6,831,045 1,671,616 5,159,429 4,435,729 2,911,781 1,523,948 improvements Motor vehicles 14,215,812 4,738,037 9,477,775 13,671,021 12,485,613 1,185,409 Land and buildings 11,259,173 – 11,259,173 31,834,912 20,576,156 11,258,756 67,143,688 25,854,054 41,289,634 81,359,168 44,634,925 36,724,243 Note: 1. The under expenditure in computer hardware and computer software is due to commitments relating to procurement of computers and the eLAA 2016 system development project but not finalised and/or not delivered at year end. The amount of R8,3 million has been requested for rollover. 2. The under expenditure on leasehold and buildings improvements is due to new acquired builings and the refurbishments which could not be finalised by the end of the financial year. These funds have therefore been requested for rollover. 3. The under expenditure on motor vehicles is as a result of vehicles ordered but not yet delivered due to unavailability of stock from the supplier. The amount has been requested as rollover.
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54 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 GOVERNANCE
1. INTRODUCTION The Board was fully constituted in the year under review, held its meetings as scheduled and was effective in undertaking In the Legal Aid SA Act 39 of 2014, the objects of Legal Aid its oversight responsibilities to ensure Legal Aid South Africa South Africa are outlined in chapter 2, section 3 as follows: fulfilled its mandate of making access to justice a reality. (a) render or make available legal aid and legal advice; (b) provide legal representation to persons at state The Board self-assessment takes place annually. The Board expense; and engaged in an informal self-assessment exercise as part of (c) provide education and information concerning an End of Term Self-Evaluation process. It scored itself at over legal rights and obligations, as envisaged in the 90% which translated into a consistently good to excellent Constitution and this Act. performance. A report was presented at the Board meeting in February 2019 as well as to the new Board in March 2019. The Board, as the Accounting Authority of Legal Aid South Africa, did all that was necessary or expedient within the From an audit perspective, the Internal Audit Department and financial constraints it operated in, to achieve the objects the External Auditors continued to function independently referred to above. The Board discharged its oversight to provide assurance that the internal control environment responsibilities to ensure that sound corporate governance was under control by management. There were no adverse elements underpinned every aspect of the organisation, the audit findings on governance or any material findings for implementation of which was delegated and best managed the organisation. All controls were effective and adequate, at executive management level. These elements included which is in line with the risk tolerance and risk appetite. the approval of the legislative compliance universe, supply chain management, risk management, management of All these efforts above facilitated a smooth-running fraud and corruption through and ensuring mitigating operation and were necessary in the interest of the values initiatives were in place, ensuring a stable IT environment, of accountability and openness to provide comfort and implementation of the communication strategy to ensure the assurance to Legal Aid SA’s shareholder, the Minister of flow of communication and meaningful engagement with Justice and Correctional Services, and other stakeholders, external and internal stakeholders, amongst others. that the organisation is run by an ethical leadership that upholds sound governance principles. These efforts ensure Commitment to Governance Processes and Principles that the objects of Legal Aid South Africa as outlined above were achieved, despite a challenging financial environment The Board effectively monitored the standards of sound that persisted in the year under review. corporate governance at Legal Aid SA. It constantly reviewed compliance with the relevant legislation and applicable Overall, for the financial year 2018-2019, the co-operative codes. It received and reviewed the PFMA Report and the and collegial working relationship between the Board and King IV Compliance Report pursuant to ensuring that the management of Legal Aid SA helped to maintain sound organisation was managed based on best practice. governance and oversight by the Board. This allowed the Board to focus on strengthening governance structures and From a risk perspective, the Board: supporting the management team to carry out the mandate i. ensured that a Governance Framework was in place of the organisation. Neither Legal Aid South Africa nor its and aligned to King IV; officials were associated with any negativity in the public ii. approved the governance instruments that are space as a result of maladministration, misuse of funds or reviewed annually; any activity linked to corruption or fraud. iii. ensured that the decisions on approval requests were made timeously at every Board meeting, and We once again attained an unqualified and clean audit opinion iv. ensured that that the Governance Framework aligned by the Auditor-General confirming that the organisation is 100% to King IV (as applicable). This is in line with viable and sustainable in the short to medium term. the risk appetite of 100% compliance as approved by the Board.
Board Self-Assessment
The 2018-2019 financial year was the final year of the term of the Board appointed from 1 March 2016. Its term ended on 28 February 2019.
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2. PORTFOLIO COMMITTEE The Board also received the Compliance Reports confirming the status of compliance by Legal Aid SA, which Legal Aid SA appeared twice before the Portfolio Committee indicated material compliance with applicable laws by the on Justice and Correctional Services. The first meeting was organisation. held on 24 April 2018 where the Strategic Plan 2015-2020 Review 2018-2019; the Annual Performance Plan 2018-2019 The Board convened its meetings as scheduled and all and the Budget 2018-2019 were presented. The Integrated meetings and that of its committees were quorate. The Annual Report 2017-2018 was presented to the Committee attendance of the meetings is indicated in Table 6 of this on 16 October 2018. report on page 60.
Legal Aid South Africa also responded timeously to all The Board evaluated its performance at the end of the 2018- Parliamentary questions sent during 2018-2019. The 2019 financial year. Being the final year of the term of the Board, Portfolio Committee was appreciative of the work done by the Board evaluation took the form of an End of Term Review. and the quality of the leadership of Legal Aid SA. The Board evaluation culminated in a handover report for the 3. EXECUTIVE AUTHORITY incoming Board that was appointed by the Minister of Justice and Correctional Services in January 2019 and assumed In line with its value of accountability, Legal Aid South its duties on 1 March 2019. The handover report identified Africa reported and provided assurance to the Minister of critical issues that the incoming Board is to take cognisance Justice and Correctional Services as required in the year of, prioritise and monitor as areas of strategic intervention under review. The Legal Aid SA Annual Performance Plan in taking Legal Aid South Africa forward to help it remain 2018-2019, prepared in compliance with the Framework for stable, sustainable and maintain its excellent performance in Strategic and Annual Performance Plans, was submitted to ensuring more access to justice to indigent people. the Minister on 28 February 2018 and approved by him on 5 March 2018. Subsequently, Legal Aid South Africa submitted The Board rated its overall performance during its term at over 90% four quarterly performance reports to provide updates on the which translated into consistently good to excellent performance. implementation of the Annual Performance Plan. To ensure ongoing development, two Board workshop The Legal Aid SA Integrated Annual Report 2017-2018 was sessions took place in 2018-2019. The topics that were submitted to the Minister, Parliament, National Treasury and core to these discussions were aimed at ensuring common the Auditor-General in compliance with section 55(1)(d) of understanding of the issues that affect the sustainability the PFMA by 30 August 2018. of Legal Aid SA in light of financial sustainability of the organisation and the associated and emerging people risks. 4. THE ACCOUNTING AUTHORITY (BOARD) The Board acknowledged that these discussions were 4.1. THE BOARD OF DIRECTORS necessary in view of the imminent change in the leadership of the organisation, both at the Board and management The 2018-2019 financial year was the final year of term of the levels, particularly as the previous Chairperson of the Board, Board that was appointed and began its functions on 1 March who served Legal Aid SA for a total of 18 years, was also 2016. The Board was fully constituted during its term of office handing over the reins at the end of 2018-2019. Amidst the and successfully exercised its oversight role to ensure that budgetary reduction and a surge in IT security environment Legal Aid South Africa maintained high levels of service and cyber risks and their impact on the sustainability of excellence in delivering on its mandate and providing access the organisation, the outcome of the Board workshops in to justice to all South Africans. The Board followed through on 2018 was better accountability by the Board in terms of the implementation of the Succession Plan to facilitate and embracing its corporate governance responsibility in taking ensure the appointment of the new Board. The Minister of key decisions over employee and financial sustainability Justice and Correctional Services appointed a new Board in issues that were facing Legal Aid South Africa in the year January 2019, which is fully constituted. under review and minimising the risks in these areas.
All the governance instruments and policies of the organisation were reviewed in the year under review. This included the review of the Compliance Policy.
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Composition of the Board Judge President Mlambo also chaired the Board Executive Committee. The Board comprises ten Non-executive Directors who are independently appointed by the Minister of Justice Judge Motsamai Makume and Correctional Services and four Executive Directors B.Iuris (University of the North) (Chief Executive Officer, Chief Operations Officer, National Operations Executive and Chief Legal Executive). There are A Judge of the High Court South Gauteng and a former three alternate members. Board members hold office for a member of the Legal Aid South Africa Board, from 2005- maximum of three years, but are eligible for re-appointment. 2010. Deputy Chairperson of the Board of Directors for The Non-executive members of the Board are listed below Legal Aid South Africa and served as the Chairperson of the with their qualifications. For the emoluments of the Directors Legal Services Committee and as a member of the Board of the Board, please refer to the Annual Financial Statements Executive Committee. He was appointed the Chairperson on page 144 of this Integrated Annual Report. of the Board of Legal Aid SA effective from 1 March 2019.
For the four Executive members serving on the Board, their Ms Nonhlanhla Mgadza qualifications are listed on page 13 of this Integrated Annual BCom (University of Swaziland), MBA (De Montfort Report while their remuneration is listed on page 144. The University) Board was fully constituted in the year under review, having served effective from 1 March 2016. Currently the Group Head of Internal Audit at Impala Platinum Holdings Limited. Ms Mgadza has been a member Judge President Dunstan Mlambo of the Legal Aid South Africa Board since 2004. She served BProc (University of the North) as the Chairperson of the Audit Committee and a member of the Board Executive Committee. Judge President of the Gauteng Division of the High Court of South Africa, as well as Chairperson of the Board of Directors for Legal Aid South Africa since October 2002.
From left: Advocate Brian Nair, Ms Adila Chowan, Mr Patrick Hundermark, Mr Matome Leseilane, Ms Marcella Naidoo, Dr Jerry Makokoane, Judge Motsamai Makume, Judge President Dunstan Mlambo, Ms Vidhu Vedalankar, Ms Thulisile Mhlungu, Advocate Pieter du Rand, Mr Nkosana Mvundlela, Ms Nonhlanhla Mgadza, Professor Yousuf Vawda.
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Prof. Yousuf Vawda She served as Deputy Chairperson of the Remuneration BA, LLM (University of Durban-Westville), BProc (University Social and Ethics Committee and as a member of the Legal of South Africa), LLD (University of KwaZulu-Natal) Services Committee. Professor of Law at the University of KwaZulu-Natal and a Mr Nkosana Mvundlela former Director of the University of Durban-Westville Law BA Law, LLB (University of Venda), Diploma in Corporate Clinic and former practicing attorney. He served on the Legal Law (University of Johannesburg) Services Committee of the Board and the Constitutional Case Management Committee. Director of Mvundlela & Associates Attorneys and Mvundlela Property Developers (Pty) Ltd; Chairperson Adv. Pieter A du Rand of the Black Lawyers’ Association in Limpopo; Council BProc (University of the Free State), LLB (University of member of the Law Society of South Africa and a member South Africa) of its Management Committee; Council member of the South African Judicial Education Institute. He serves as Chief Director for Programme Planning and Support Services the Chairperson of the Legal Services Committee and in the Department of Justice and Constitutional Development. as a member of the Board Executive Committee and the Advocate Du Rand is the designated official representing Constitutional Case Management Committee. He served on the Director-General for Justice, Mr Vusi Madonsela, on the both the Legal Services and Audit Committees of the Board. Board of Legal Aid South Africa. He served on both the Legal Services and Remuneration Social and Ethics Committees. Ms Adila Chowan Mr Matome Leseilane BCom, PGDip Accounting (University of Durban-Westville), CA (SA) BAdmin (University of the North), PGDip Labour Law, BA Honours: Human Resources Development (University Qualified chartered accountant, who also serves on the of Johannesburg), Executive Leadership Programme Boards of SA Corporate and ActionAid South Africa. She (GSB, University of Cape Town), Advanced Management served as a member and Deputy Chairperson of the Audit Programme (GIBS, University of Pretoria & London School Committee. of Economics), Executive Human Resources Programme Alternate Board Members as at 31 March 2019 (USB, University of Stellenbosch) Ms Aneline Rhoda Self-employed as a consultant, with extensive experience in human resources, corporate governance and business BSocSci (University of Cape Town), Honours, Masters: management. He served as the Chairperson of the Industrial and Organisational Psychology (University of the Remuneration Social and Ethics Committee and a member Western Cape) of the Board Executive Committee. She is an Industrial and Organisational Psychologist with Ms Thulisile Mhlungu PMP (Project Management Professional USA) as well as Leadership Coaching qualifications. A Non-executive Board BProc (University of Natal), LLB (University of Natal) member, HR Director and Senior Business Manager with Registered attorney and a clinical legal educator and more than 21 years’ work experience; a thought leader and conveyancer with extensive experience as a global facilitator, programme manager of many national and global projects, leadership and team coach and trainer in both public and some of which have been the first of its kind. private sector organisations. Ms Mhlungu served as the She represented South Africa as part of a workgroup in New Deputy Chairperson of the Legal Services Committee York which designed a flexible work arrangement policy for and as a member of the Remuneration Social and Ethics senior managers in the United Nations in 2010. Committee and the Legal Services Technical Committee. Ms Marcella Naidoo She has facilitated many interventions with colleagues and clients in Brazil, Australia, the USA, Canada, Europe and BSocSci (University of Cape Town) Africa. She served on the Remuneration Committee and Currently a freelance consultant, with a focus on organisational Executive Committee of the Board. development. Ms Naidoo was previously the National Director of the Black Sash, a leading Human Rights NGO, and Regional Director in the Truth and Reconciliation Commission SA.
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Mr Langelihle Mtshali Mr Robin Theunissen BProc, Postgraduate Diploma in Practical Legal Studies Bachelor of Accountancy (University of the Witwatersrand), (University of KwaZulu-Natal) CA(SA), Registered Auditor with the Independent Regulatory Board for Auditors, Diploma in Criminal Justice A Lead Training Facilitator, he has immense training, & Forensic Auditing (Rand Afrikaans University), Member of organisational and leadership mentorship and legislative the Institute of Directors drafting skills that spans for more than two decades. He facilitated mentorship for Non-Profit Organisations Mr Robin Theunissen is self-employed, working in consulting in UThungulu District for the National Agency. He is the and served as a member of Audit Committee of the Board. Mediation Panellist for the Land Rights Dispute Management Facility for the Department of Rural Development and Land Mr Willie Scholtz Reform; Managing Director of Zizwele Ngolimi Business Advanced Business, Corporate Strategy and Financial Enterprises; Acting Director of CAOSA and Chairperson and Information Management Education, Executive of the African Centre of Excellence for Access to Justice's Management Programme (IBM International Business Board of Directors. He served as an alternate Board member School, in conjunction with Harvard University, Wits Business on the Legal Services Committee. School and the UCT Graduate School of Business)
Co-opted Members of Committees as at 31 March 2019 His career of more than 40 years has included business enablement through technology innovation and efficient and Ms Erica Emdon simplified business processes. He has been working with BA, Honours, LLB, Masters (University of the Witwatersrand) the South African government since 1996 and was involved in establishing the NPA and the first specialised commercial A founder staff member then subsequently National crime courts in South Africa. Director, from 2006 to 2017, of ProBono.Org, a legal NGO dedicated to promoting access to justice for marginalised He is still playing a leading role in the transformation of the and impoverished people living in South Africa. She worked criminal justice system in a consulting capacity. He served as a lawyer since the 1990s, focusing on public interest law, on the Audit and Risk Committees of the Law Society of land, housing and development law, acting for civil society South Africa and of SABRIC. He previously served on the organisations and government. boards of IBM South Africa, Business Against Crime SA, SBV Services and was Chairperson of the IQ Consulting She is currently a Director at Erica Emdon Legal & Strategic Group. He served as a member of the Audit Committee and Services and the Public Interest Practice, both of which the Board Executive Committee of Legal Aid South Africa. provide legal and advisory services to public interest entities and community-based organisations with a focus on human rights. She is an admitted attorney and mediator. She served as a member of the Legal Services Committee.
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Table 6: Attendance at Board Meetings Number of meetings Number Number not Percentage Name during year attended attended attendance I. Judge President Dunstan Mlambo 4 4 0 100% II. Judge Motsamai Makume 4 4 0 100% III. Ms Nonhlanhla Mgadza 4 4 0 100% I V. Advocate Pieter du Rand 4 4 0 100% V. Mr Nkosana Mvundlela 4 3 1 75% VI. Ms Adila Chowan 4 4 0 100% VII. Ms Marcella Naidoo 4 4 0 100% VIII. Professor Yousuf Vawda 4 3 1 75% IX. Ms Thulisile Mhlungu 4 4 1 100% X. Mr Matome Leseilane 4 4 0 100% XI. Ms Vidhu Vedalankar 4 4 0 100% XII. Advocate Brian Nair 4 4 0 100% XIII. Dr Jerry Makokoane 4 4 0 100% XIV. Mr Patrick Hundermark 4 4 0 100% I-X: Non-executive Directors XI-XIV: Executive Directors
From left: Advocate Michelle Odayan, Mr Patrick Hundermark, Mr Nkosana Mvundlela, Mr Langelihle Mtshali, Ms Mamodike Makgoba, Ms Adila Chowan, Dr Cleopas Sanangura, Judge Motsamai Makume, Advocate Pieter du Rand, Ms Vidhu Vedalankar, Professor William Gumede, Dr Jerry Makokoane, Advocate Brian Nair, Mr Matome Leseilane.
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Table 7: Composition of New Board The new Board was appointed in January 2019 by the Minister of Justice and Correctional Services. Its term commenced on 1 March 2019. It convened its first meeting on 16 March 2019. The composition of the new Board is as follows: Number of meetings attended Area of (number of Name Designation Date appointed Qualifications expertise meetings) Judge Motsamai Makume Director: 1 March 2019 B.Iuris (University of the Law 1 Board appointed onto North) Chairperson new Board Advocate Pieter du Rand Director Ex-officio BProc (University of the Free Law 0 State), LLB (University of South Africa)
Advocate Michelle Odayan Director 1 March 2019 BA, LLB (University of Natal) Law 1 appointed onto new Board Dr Cleopas Sanangura Director 1 March 2019 Associate Chartered Corporate 1 appointed onto Certificate Accountant, Governance new Board Fellow Chartered Institute of Business Management, Fellow Chartered Institute of Secretaries & Administrators, Masters, Doctorate: Business Administration (Nottingham Business School), Chartered Director of South Africa (Institute of Directors South Africa) Professor William Gumede Director 1 March 2019 Diploma: Economics & Governance 1 appointed onto Public Finance (University of new Board South Africa), Joint Degree (Utrecht, Aarhus and Cardiff Universities), Masters: Political Studies (University of the Witwatersrand) Ms Adila Chowan Director 1 March 2019 BCom, PGDip Accounting Accounting or 1 appointed onto (University of Durban- Auditing new Board Westville), CA (SA) Mr Nkosana Mvundlela Director 1 March 2019 BA Law, LLB (University Law 1 appointed onto of Venda), Diploma in new Board Corporate Law (University of Johannesburg)
Mr Matome Leseilane Director 1 March 2019 BAdmin (University of the Human 1 appointed onto North), PGDip Labour Resources new Board Law, BA Honours: Human Resources Development (University of Johannesburg), Executive Leadership Programme (GSB, University of Cape Town), Advanced Management Programme (GIBS, University of Pretoria & London School of Economics), Executive Human Resources Programme (USB, University of Stellenbosch)
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Table 7: Composition of New Board (continued) Number of meetings attended Area of (number of Name Designation Date appointed Qualifications expertise meetings) Mr Langelihle Mtshali Director 1 March 2019 BProc, Postgraduate Diploma Law 1 appointed onto in Practical Legal Studies new Board (University of KwaZulu-Natal) Ms Mamodike Makgoba Director 1 March 2019 National Diploma, BTech: Accounting or 1 appointed onto Cost and Management Auditing new Board Accounting (Cape Peninsula University of Technology), BCom, Honours: Accounting (University of KwaZulu- Natal), CA(SA) Ms Vidhu Vedalankar Director 1 March 2019 BSc (University of Durban- Executive 1 appointed onto Westville), Masters: Town and Management new Board Regional Planning (University of Natal), Executive Development Programme (GIBS, University of Pretoria)
Advocate Brian Nair Director 1 March 2019 BPaed (University of Durban- Executive 1 appointed onto Westville), BEd (University of Management new Board South Africa), FDE Computer Studies (University of Natal), Masters in Business Leadership, LLB (University of South Africa) Dr Jerry Makokoane Director 1 March 2019 BCom Economics (University Executive 1 appointed onto of South Africa), Diploma Management new Board Data Processing and Systems Analysis (University of Zululand), MBA (Mancosa), Master of Applied Management and Doctor of Applied Management (UGSM-Monarch Business School of Switzerland) Mr Patrick Hundermark Director 1 March 2019 BCom, LLB (Nelson Executive 1 appointed onto Mandela University, formerly Management new Board University of Port Elizabeth), Certificate Programme in Leadership Development (WBS, University of the Witwatersrand), Practising Attorney, North Gauteng High Court
4.2 COMMITTEES OF THE BOARD iv. Remuneration Social and Ethics Committee
The following Board Committees, to which specific decision- Board Committees met at least once per quarter and making authority is delegated, assisted the Board in provided feedback to the Board through Committee discharging its mandate over the period under review: Reports. All committees of the Board adopted formal terms i. Board Executive Committee of reference, which were reviewed in the period under ii. Legal Services Committee review to ensure continued relevance. iii. Audit Committee
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The membership of the committees comprises Non- The table below shows the role, membership and attendance executive Directors, Executive Directors and Co-opted of members of each Board Committee: members. The Audit Committee comprises Non-executive members only; the Board appoints these members and determines their term of office. Table 8: Composition of Board Committees (4 meetings during 2018-2019, attendance in brackets) (term ended 28 February 2019)
Board Executive Legal Services Remuneration Social & Audit Committee Committee Committee Ethics Committee Chairperson JP D Mlambo (1) Judge M Makume (3) Mr M Leseilane (4) Ms N Mgadza (3)
Deputy Chairperson Judge M Makume (3) Ms T Mhlungu (4) Ms M Naidoo (4) Ms A Chowan (4)
Non-executive Chairperson LSC (3) * Prof. Y Vawda (3) Ms T Mhlungu (3) Mr N Mvundlela (4) Directors of the Board Chairperson Audit Mr N Mvundlela (3) Adv. P du Rand (0) Comm (2) * Adv. P du Rand (1) Chairperson REMSEC (4) Ms M Naidoo (4) Alternate Board Mr L Mtshali (4) Ms A Rhoda (3) Members Executive Directors CEO (4) CEO (4) CEO (4) CEO (invitee) (4) of the Board NOE (4) NOE (4) COO (4) NOE (invitee) (4) CLE (4) CLE (4) COO (invitee) (4) COO (4) CFO (invitee) (4) CFO (invitee) (4) Co-opted members Mr W Scholtz (3) Ms E Emdon (2) Mr W Scholtz (3)
Mr R Theunissen (3)
* Deputy Chairpersons attended on their behalf. Note: The committees of the new Board that commenced its A total of 2.7% of the controls were assessed at below operation on 1 March 2019 were still to be established. Level 5.
Section 15.1 on page 72 elaborates further on the role and Legal Aid South Africa has demonstrated both competence duties of the Audit Committee. and commitment in building a risk intelligent culture across its management structures, supervisors and lower level 5. RISK MANAGEMENT employees by ensuring that risk appetite and risk tolerance values for the Top Nine Risks which were approved by the Board Board Risk Registers are reviewed bi-annually by management are understood at all management levels. All other risk appetite and thereafter submitted to the Board for noting. Risk Control and risk tolerance values were approved by management and Self Assessments (CSA) surveys are conducted bi-annually are understood by all levels that work with them. The Enterprise by all Executives and Managers. A five rating scale model, Risk Management Plan including the Fraud Management Plan ranging from controls both adequate and effective (Level 5) was reviewed and approved by the Board. to no controls in place (Level 1), is used by Executives and HoOs to assess mitigating measures or controls for each During the year under review, management has demonstrated of the risks listed on the Risk Register. As at Q4 2018-2019 competence in applying the concepts of Risk Appetite and Executives and Managers indicated that 97.3% of controls Risk Tolerance. Challenges in applying these concepts at implemented to mitigate 172 risks were at Level 5. supervisory level remain.
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Quarterly Risk Watch Reports were submitted to the Board, The Board is of the view that a strong ethical culture is key detailing the residual value of each risk for the quarter under to negating theft, fraud and corruption by employees, hence review in relation to the risk appetite and risk tolerance roles and responsibilities for both legislative compliance settings, together with explanations where tolerance levels and risk management in this area are well understood by have been exceeded. The risk appetite and risk tolerance all employees, and are detailed in the Risk Management values for the Top Nine Risks were approved by the Board. Strategy and Plan, Combined Assurance Framework, Fraud Corruption and Ethics Management Policy and the The Combined Assurance Framework which was approved Compliance Policy which was reviewed and submitted to by the Board during the year provides for four lines of the Board for approval. Fraud awareness workshops are assurance, i.e. management, the Chief Risk Officer, internal held at Legal Aid SA Local Offices across the country and audit and external audit. The Combined Assurance Report for the monitoring of the Fraud and Ethics Hotline. Quarterly is completed semi-annually by all four lines of assurance reports are submitted to the Board in this regard. Two using the same five rating scales used by Executives and instances of fraud were reported in the year under review. Managers for the completion of Risk CSA. The ratings provided by the various assurance providers for the 2018- At its meeting in November 2018, the Board approved the 2019 financial year are generally at Level 5 for the 57 Legal Aid SA Cybersecurity Policy, which is currently in the identified controls or mitigating measures associated with process of being implemented in the organisation. the nine risks. The Internal Audit Department has provided over 90% coverage in these areas. A table of the top nine risks is included below.
Table 9: Strategic Risks and Mitigating Controls and Opportunities Risk Description of No. Risk Mitigating measures or controls Opportunities derived 1 Challenges to Court Coverage Programme i. All courts are covered by practitioners. the Rule of Law ii. Proactive role being played by Legal Aid (Criminal & Civil) SA in ensuring justice system inefficiencies are minimised. iii. Proactively funding Impact Litigation matters for clients and communities. i v. Provision of legal advice through the Legal Aid Advice Line and self-help modules on the website. 2(a) Lack of capacity i. Bi-annual review of court coverage plans. i. All courts are covered by practitioners or to deliver on ii. Co-operation Partner Agreements. through Agency Agreements with Judicare the demand for iii. Judicare programmes. practitioners. legal services i v. Legal advice capacity. ii. Practitioners are allocated in terms of (Criminal) v. Review Legal Aid Regulations and Manual demand emanating from individual courts. to assess exclusions in line with budget. vi. Monitoring of recruitment levels per Legal Aid SA Local Office. vii. Monthly staffing plans compiled per LO. viii. Relief Programme implemented at identified LOs.
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Risk Description of No. Risk Mitigating measures or controls Opportunities derived 2(b) Lack of capacity i. Matters exceeding turnaround times i. All LOs and SOs provide civil legal aid to deliver on webpage. services. the demand for ii. Pending matters exceeding turnaround ii. Growth of civil legal aid services at LOs, legal services times report. SOs and via the Legal Aid Advice Line. (Civil) iii. Pending matters verification webpage. iii. Self-help modules provided on the website. i v. Legal aid only granted where there is a iv Prioritisation of vulnerable group matters, reasonable prospect of success. i.e., women and children. v. Linkages with Community Advice Offices/ v. Legal support to Advice Offices. traditional structures/Government Departments, including the Master’s Office for estates matters. vi. Legal Aid Clinics assisting clients with civil problems. vii. Co-operation Partner agreements. viii. Judicare programmes. ix. Legal advice capacity. x. Community Outreach/Civil Courts Outreach Programme. xi. Self-help programmes. xii. Business model for delivery of civil legal aid. xiii. Review Legal Aid Regulations and Manual to assess exclusions in line with budget. 3(a)(i) Poor quality i. Quality intervention programmes. Improved competencies and skills of all of the legal ii. Quality monitoring and assessment practitioners, thereby ensuring improved legal services programmes. services provided to clients. provided by iii. Competency development/training of Legal Aid SA legal staff. Local Offices i v. Professional indemnity insurance. (Criminal) v. Recruiting competent practitioners. vi. CA readiness/support programmes. vii. Judicare file reviews. viii. Quality reviews of Judicare and Agency Agreement practitioners. 3(a)(ii) Poor quality i. Practitioner support needs assessment. Improved competencies and skills of all of the legal ii. Quality Management Programme. practitioners. services iii. Independent legal quality assessment by provided by the LQAU. Legal Aid SA i v. Professional Negligence Insurance Cover. Local Offices (Civil)
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Risk Description of No. Risk Mitigating measures or controls Opportunities derived 3(b) Poor quality i. Agency Agreement quality reviews. Increased awareness of the required quality of the legal ii. Quality file reviews of Judicare practitioners. standards by Judicare practitioners. services iii. Judicare court observations. provided i v. Co-operation Agreement audits. by Judicare practitioners, Agency Agreements (Criminal) and Co-operation Partners (Civil) 4 Lack of i. Monitoring case turnaround times of all i. Legal Aid SA playing proactive role in confidence matters. ensuring that inefficiencies within the in the justice ii. Backlog Court Project - reduction in case justice system are minimised. system due backlogs. ii. Regional Court turnaround times being to ineffective iii. Criminal Justice System Review. monitored on a monthly basis. and inefficient iii. Civil turnaround times are monitored processes continually. (ability to i v. Civil Practice Rules are enhanced by resolve cases constant review and inputs to the Rules timeously, fairly Board. and efficiently) (Criminal & Civil) 5 Budgetary i. Prudent balanced budget and lobby i. Legal Aid SA ensuring budget is aligned reductions National Treasury for additional budget. to Strategic Plan and Business Plan. impacting on ii. Use own reserves while maintaining ii. Business Plan projects aligned to budget Legal Aid SA’s minimum current ratio of 1.5:1. and organisational resources. ability to deliver ii. Monitor cash flow closely, ensuring that iii. The current ratio is being monitored on its MTEF and annual budget are focused on proactively on a monthly basis. mandate essential and priority spending. i v. Implementing further operational efficiency i v. Monitor expenditure ensuring that it is measures. within budget. v. A revised Legal:Support ratio in response to staff rationalisation in the 2018/19 FY. 6 Ineffective i. Reviewed Board Charter 2018/19. i. Compliance with the intended outcomes governance ii. Board and committees minutes accurate of King IV. structures and and timeously distributed. ii. Improved Enterprise Risk Management processes iii. Board self-evaluation reports discussed. across Legal Aid SA including measuring i v. Reviewed Sustainability Strategy & Plan and monitoring risk appetite and risk 2018/19. tolerance levels. v. Strategic Plan 2015-2020 and Annual iii. Improved compliance across Legal Aid SA. Review of Strategic Plan 2018/19. i v. Greater consultation with stakeholders vi. Business Plan 2018/19 timeously finalised to refine the organisational maturity and and available. sustainability models. vii. Quarterly Performance Reports submitted timeously to Executive Authority. viii. Assessment of performance on organisational maturity scale. ix. Quarterly Internal Audit Reports submitted to the Audit Committee and Board.
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Risk Description of No. Risk Mitigating measures or controls Opportunities derived 7 Unethical, i. Monitoring and follow up of issues i. Regular fraud awareness and training corrupt or reported to Ethics Hotline. workshops held across the country. fraudulent ii. Signing of Confidentiality Agreement by ii. Organisational Culture Programme practices or acts all employees upon commencement of addresses ethics. employment. iii. Legal Aid SA Fraud Management Policy iii. Implementation of Online Register of revised to include the building of an Interests for Executives and Managers. ethical culture. i v. Implementation of Organisational Culture i v. Regular lifestyle audits conducted by the Programme including fraud awareness. Internal Audit Department. v. Selection and recruitment done in terms of recruitment policies. vi. Segregation of duties between administrators and interview panel. vii. Segregation of duties between human resources and payroll. viii. Validation of staff records. ix. Implementation of financial controls and segregation of duties between initiation and approval of procurement transactions. x. Management oversight over procurement. xi. Conducting lifestyle audits on legal administration managers, legal practitioners and paralegals. xii. Client Complaints Monitoring Programme. 8 Inadequate IT i. IT Strategic Plan responding to i. Relevant and applicable IT best practices infrastructure organisational strategy and best practices. applied across the IT environment. to support the ii. IT system continuously monitored and user ii. Lifespan of IT equipment reviewed in line business needs queries timeously responded to. with capex budget. iii. Up-to-date IT CARP. iii. Development of new systems for the i v. IT architecture implemented in line with administration of the granting of legal reviewed Architecture Framework of best aid, case management and business practices and in support of business intelligence. requirements. v. Consistent review of IS Policies and SOPs. vi. Uninterrupted power supply installed in all offices. 9 Lack of i. Leadership Development Programme Legal Aid SA is being marketed as an employer engagement implemented to improve leadership and of choice to potential employees, positively with the management capability. impacting on the strategic positioning of the organisational ii. Organisational Culture Programme Legal Aid SA brand. values and implemented to improve the levels of culture by engagement with the organisational values. employees iii. Annual Internal Omnibus Survey to monitor and measure levels of engagement. i v. Employment Value Proposition reviewed in order to attract, retain and engage talent. v. People development programmes re- aligned to business requirements.
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6. IT GOVERNANCE The Audit Committee oversees these controls and reviews the effectiveness of the system as a whole. An effective The annual IT Strategy review was conducted and approved internal control system provides reasonable assurance that by the Board in line with the organisational strategy as policies, processes, tasks, behaviours and other aspects required by the King IV Code of Practice. of Legal Aid SA, taken together, facilitate its effective and efficient operation, help to ensure the quality of internal The Information Systems governance structures are in place and external reporting, and help to ensure compliance with with the Information Systems Steering Committee (ISSC) applicable laws and regulations. being instrumental in ensuring that the newly developed electronic Legal Aid Administration system (eLAA 2016) is The Board has the ultimate responsibility for establishing successfully implemented. The new system was deployed in a framework for internal controls, including an appropriate the production environment and is running in parallel with the procurement and provisioning system. During the period legacy system as at the end of the 2018-2019 financial year. under review, the Board approved the reviewed Internal Control Framework which assists the organisation to assess The IS Department continues to automate business and enhance internal control systems. The Internal Control processes to improve on efficiencies while reducing costs. Framework considered the following: All applications were reviewed and aligned to the new i. effectiveness of internal control systems and organisational corporate identity including the Intranet and governance processes; the Extranet. The organisation has embarked on migrating ii. legal matters that could have a material impact on all the Virtual Private Network (VPN) lines across all 135 the organisation; Legal Aid SA offices to the newer technologies such as iii. effectiveness of the system and process of risk fibre and Wi-Fi. As at the end of the 2018-2019 financial management including the following specific risks: year, 20 LOs were migrated to fibre. To ensure reliable and a. management reporting. sustainable business continuity processes, the disaster b. external financial reporting. recovery environment was upgraded to the latest version. c. internal financial controls. The Uninterrupted Power Supply (UPS) installed across d. fraud risks relating to financial reporting. 69 Legal Aid SA offices is constantly maintained to ensure e. information technology risks relating to financial effective functionality and minimise business operations reporting and internal control. disruptions during power outages. f. the effectiveness of the organisation’s compliance with legal and regulatory requirements. The Legal Aid South Africa server environment is 100% virtualised, with all the servers standardised for consistent high Legal Aid South Africa implemented internal controls to availability and performance. All servers on the production ensure that the following objectives are achieved: environment and user workstations are procured with a five- i. managed public income, expenses, assets and year warranty and replaced according to the Legal Aid SA liabilities in an effective, economic and efficient manner; Capital Asset Replacement Plan (CARP). The infrastructure ii. operated finance and administration in accordance is maintained on an ongoing basis and capacity assessment with the laws and other regulations; is done to ensure adequate infrastructure capacity to support iii. prevented and detected irregularity and fraud in all sustainable business applications. types of financial decisions and transactions; iv. provided regular, timely and reliable reporting A security penetration test is performed regularly by the and acquisition of information to make and follow service provider on the Legal Aid South Africa network to decisions, and identify any security vulnerabilities to be addressed. v. prevented misuse and wastage of assets and to provide protection against losses. 7. INTERNAL CONTROL Legal Aid SA’s policies, procedures, structures and approval Legal Aid South Africa’s management is responsible for frameworks provide direction, accountability and division of establishing and maintaining an effective system of internal responsibilities and contain self-monitoring mechanisms. control as the organisation does not have an internal control unit. A system of matrix management is however in place, Both management and the Internal Audit function closely which provides management with sufficient oversight over monitor the controls, and actions are taken to correct all the activities of the organisation. deficiencies as they are identified.
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8. INTERNAL AUDIT FUNCTION Accordingly, Internal Audit adopted a risk-based approach and the Audit Plan is approved by the Audit Committee. The Audit 8.1 INTERNAL AUDIT FUNCTION Plan is flexible and responsive to Legal Aid SA’s risk profile.
The Internal Audit function at Legal Aid South Africa provides The purpose, authority and responsibility of the Internal an independent, objective assurance and consulting service Audit activity is formally defined in the Internal Audit Charter. designed to add value and improve the organisation’s Internal Audit reports functionally to the Audit Committee operations. It helps the organisation accomplish its and has full and unrestricted access to all organisational objectives by bringing a systematic, disciplined approach to activities, records, property and personnel. evaluate and improve the effectiveness of risk management, control, compliance and governance processes. The Internal Audit function completed 166 (99%) of its 167 assignments in accordance with the approved Audit The Internal Audit function is responsible for the following: Coverage Plan. The shortfall of one assignment was due to i. Evaluating controls, including assessing the tone the legal data migration review that could not be performed and risk management culture of the organisation as the project to migrate data from Ad Infinitum to the and reporting on the effectiveness and efficiency of eLAA system was not completed. The data analysis will be the implementation of management controls; performed in 2019-2020. ii. Evaluating risks by identifying key activities and relevant risk factors and assessing their significance. The Internal Audit function however completed a total of The Internal Audit function has adopted a more six additional projects over and above the planned and proactive and risk-based approach. This enables the approved audits during the year, resulting in a 102% overall function to anticipate possible future concerns and achievement for the year. opportunities as well as identify current issues; iii. Analysing operations and confirming information 8.2 LEGAL QUALITY ASSURANCE by closely working with line managers to review operations then report their findings, and The LQAU conducted 1340 out of 1344 approved iv. Reviewing compliance to ensure that the organisation is assessments, which translates into an achievement of 99.7% adhering to rules, regulations, laws, codes of practice, of its Annual Coverage Plan. The shortfall of four was due to guidelines and principles as they apply individually and four planned follow up file assessments in 2018-2019 which collectively to all parts of the organisation. were not performed, for internal practitioners who did not meet their targets for their assessments in 2017-2018. The LQAU The Internal Audit activity assesses and makes appropriate however conducted 28 additional assessments outside the recommendations for improving risk and governance processes to accomplish the following objectives: coverage plan resulting in an achievement of 106.4%. i. Promote appropriate ethics and values within the organisation; 9. COMPLIANCE WITH LAWS AND ii. Achieve effective organisational performance REGULATIONS management and accountability; iii. Communicate risk and control information to Legal Aid South Africa’s Compliance Universe consists of appropriate areas of the organisation; approximately 93 applicable laws. A risk rating is now provided iv. Assist management in achieving the organisation’s for all legislation listed in the compliance universe in line with strategic objectives; discussions held with the independent quality assurance v. Secure reliability and integrity of financial and reviewers of the Internal Audit Department. Approximately 15 operational information; applicable laws require the attention of management on an vi. Operate effectively and efficiently; ongoing basis, such as the Legal Aid South Africa Act 2014, vii. Safeguard assets, and the Public Finance Management Act 1999 as amended, the viii. Comply with laws, regulations, policies, procedures, Basic Conditions of Employment Act 1997 as amended and and contracts. the Employment Equity Act 1998 as amended.
The Internal Audit function generally conforms to the The Legislative Compliance Checklist with 283 provisions International Standards for the Professional Practice of that includes deadline dates for complying with certain Internal Auditing and performs its activities in compliance statutory requirements, is confirmed annually by all with the PFMA, National Treasury regulations and the King Executives and Heads of Offices through a webpage, and IV Report on Corporate Governance. thereafter monthly confirmations are done by all Executives.
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A separate webpage has been created, for Statutory The first request sought three records relating to the outcome Submissions Tracking which allows Executives to record of a recruitment process and access to all records was dates of submission, extensions granted and to upload a granted. The second request sought 11 records. copy of the submission as well as any extensions granted for submission on a later date. The Legislative Compliance The records and/or information were granted, except for the Checklist is updated every six months by the CRO. psychometric tests of other candidates, which were refused on the grounds of section 34 of PAIA. A Legislative Compliance Checklist was completed monthly by all Executives and Managers. A quarterly compliance The third request from an unsuccessful bidder in a tender report was thereafter submitted to Board. The Legislative requested 23 records and/or information. Some information Compliance Checklist was updated when new legislation or falls within the ambit of section 36 of PAIA and notices in provisions came into effect. Management strives to ensure terms of section 47 of PAIA were dispatched to the owners 100% compliance with all relevant legislations, regulations of the records so requested. The reply to the request is still and directives/practice notes. pending and will be reported in the next reporting year.
Legal Aid SA is in compliance with all legislation that In compliance with section 32 of PAIA, a report was comprises the Legislative Universe, except for the submitted to the South African Human Rights Commission Preferential Procurement Policy Framework Act - 2000 stating the number of all requests received and how each (PPPFA), the Public Finance Management Act - 1999 request was dealt with. (PFMA) and the Construction Industry Development Act - 2000 (CIDB), for which it is materially compliant with all three, 10. FRAUD AND CORRUPTION but not fully compliant. All incidents of non-compliance with the PPPFA, PFMA and the CIDB relate to the conduct of Legal Aid South Africa is committed to zero tolerance of individual employees and suppliers of Legal Aid South any fraudulent and unethical behaviour. Its fraud policy, Africa, resulting in irregular expenditure or internal and fraud prevention plan and code of ethics policy are external audit findings. effectively implemented.
The King Report on Governance for South Africa 2016, The Legal Aid SA Fraud Management Plan and Fraud together with the King Code of Governance Principles 2016 Management Policy were approved by the Board in May (King IV) contains 17 governance principles of which only 2018. These documents outline specific measures on the 16 apply to Legal Aid SA. The organisation meets outcomes management of fraud. The Fraud Management Policy for 13 principles with the outcomes for the remaining three includes the implementation of a Fraud and Ethics Hotline. requiring further attention in the 2019-2020 financial year. To promote a culture of whistle blowing, the Fraud and Ethics Hotline is managed by an external independent party that Roles and responsibilities relating to legislative compliance reports directly to the Internal Audit Executive to guarantee are well understood by the Board, Management and anonymity of whistle blowers. All reasonable suspicions of all other employees, and are detailed in the Legislative fraud, corruption, maladministration and unethical behaviour Compliance Policy. are verified and investigated, and appropriate action taken, including but not limited to: PAIA requests for the year under review i. consequence management procedures. ii. referrals to relevant agencies. In respect of the Promotion of Access to Information Act iii. institution of criminal complaints. 2 of 2000 (PAIA), Legal Aid South Africa reported during the 2017-2018 reporting period that it had received three Incidents reported to the Fraud and Ethics Hotline are requests for information where one request was granted in reported to the Board in the Internal Audit Quarterly Report full and two requests were refused in full. and are disclosed in the Annual Financial Statements. There was one matter brought forward from the 2017-2018 financial During the 2018-2019 reporting period, Legal Aid SA year and 15 new matters reported through the Ethics Hotline received three requests. Two requests were received from and by management during the year. one requester.
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Eight matters were finalised and seven were carried forward 12. CODE OF CONDUCT to the 2019-2020 financial year. The Legal Aid SA Code of Ethics and Conduct Policy was Three matters investigated concluded that there was evidence reviewed and approved by the Board in November 2018. of unethical conduct by Legal Aid South Africa employees. The Policy applies equally to all employees and compliance Action was instituted by management in these matters. with the Code is compulsory. The purpose of the Code of Ethics and Conduct Policy is to promote and enforce ethical Lifestyle and ethics audits were also conducted during business practices and standards within Legal Aid SA. the period under review. These audits could not detect any employees conducting business that is in conflict with This Code represents the highest ethical standards Legal Aid SA. The Forensic Unit conducted eight fraud and applicable in the environment in which the organisation corruption awareness campaigns during the financial year. operates and strongly emphasises integrity and objectivity on the part of all employees, all managers and all Executives. A zero tolerance on fraud and corruption remains entrenched internally. A contravention of the Code must be reported to a line manager, the Human Resources Executive or Internal Audit 11. MINIMISING CONFLICT OF INTEREST Executive. The matter will then be investigated and dealt with in terms of the Legal Aid SA Disciplinary Policy and Procedure. Employees of Legal Aid South Africa are obligated to declare instances of conflict of interest, which is regulated through 13. HEALTH, SAFETY AND ENVIRONMENTAL the Code of Conduct and Ethics Policy. Those employees ISSUES involved in procurement processes further declare conflict of interest in line with the supply chain management policies The Legal Aid South Africa Health and Safety Policy and adhered to for all procurement. the Occupational Health and Safety Act 85 of 1993 provide guiding principles for the achievement of the organisation’s In 2018-2019, employees of Legal Aid SA declared instances health and safety programmes. Health and Safety of Conflict of Interest once in the year under review, during representatives and Committees are in place. September 2019. The results of the declarations are indicated in Table 10 below. Any serious injuries, reportable diseases or dangerous occurrences taking place at work must be reported to the A three-year average view of compliance by employees is Human Resources Department. Fifteen incidents of injury also shown in the table below: on duty were reported.
Table 10: Average percentage completion of the Register The Employee Wellness and HIV Education Programme was of Interest by employees – three-year comparison fully implemented to encourage awareness and support. Financial Year 2016-2017 2017-2018 2018-2019 The Vicarious Trauma Counselling Programme planned Compliance Rate 98% 99% 99% interventions were delivered on a national scale by the in- house clinical psychologist. All employees receiving gifts, regardless of value or size, registered the gifts on the centralised online Gift Register. This programme has remained effective in mitigating the Quarterly reports on the declaration relating to gifts, hospitality vicarious trauma suffered by legal professionals, particularly and favours were reviewed by the Management Executive in serious violent criminal matters including sexual offences Committee in order to assess the risks the organisation is matters. The programme creates awareness and shares facing and inform the Risk Awareness Programme. coping strategies for affected employees. All directors of the Board declared interest in all meetings 14. BOARD SECRETARY they attended in the year under review to ensure adherence with the Legal Aid South Africa Code of Conduct. The Board had the services and support of the Board Secretary to complement and support the Board in exercising its oversight function.
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Key functions of the Board Secretary include providing 15. REPORT OF THE AUDIT COMMITTEE guidance to the Board on the duties of the directors and good governance, guiding the Board on its roles and The Legal Aid South Africa Audit Committee is a committee responsibilities and to ensure that the Board is well informed of the Board duly constituted in terms of the PFMA. Its and equipped to discharge its oversight function. Other main purpose is to assist the Board in fulfilling its oversight duties include: responsibility on the system of internal financial control; the i. Preparing agendas of meetings in agreement with governance of risk, internal and external audit functions; the Board and Board Committee Chairpersons; integrated reporting and Legal Aid SA’s processes for ii. Preparing the annual review of the Board programme monitoring statutory and regulatory compliance. To this and ensuring that the meetings of the Board are held end, the Board delegates the above listed responsibilities as scheduled; to the Audit Committee. This is over and above its statutory iii. Spearheading the recruitment process of directors, responsibility to the governing authority. ensuring that the right talent is attracted to drive The Audit Committee accordingly adopted its terms of greater productivity of the organisation; iv. Assisting with the induction and training programmes reference, which are updated year-on-year and approved for Board members; by the Board of Directors. Throughout the financial year, the v. Tracking the review and approval of the governance Committee carried out its duties in accordance with its terms instruments by the Board; of reference, the Public Finance Management Act and the vi. Ensuring that minutes of Board and Committee National Treasury Regulations 3.1.13 and King IV report on meetings are recorded, circulated and agreed to by Corporate Governance for South Africa 2016. members of the Board and filed securely; 15.1 COMPOSITION vii. Ensuring that the decisions of the Board are implemented; The Committee consists of four independent Non-executive viii. Spearheading the evaluation of the Board, Committees Directors and one independent specialist member. and individual directors, and Collectively they have sufficient skills and knowledge to ix. Advising the Directors of the Board with regard to deliver on the set responsibilities of this Committee. The their entitlement to obtain independent professional meetings of the Audit Committee members for the year are advice, at Legal Aid SA’s expense, where necessary. detailed in table 8 on page 63.
All directors had access to the Board Secretary’s services in The table below provides the qualifications and the appointment/ the year under review. termination dates of the members of the Committee.
Table 11: Details of the Audit Committee members, qualifications, date of appointment/termination Name Qualifications Internal or external Date appointed Ms Nonhlanhla Mgadza BCom (University of Swaziland), External (Non- 1 March 2016, term ended 28 (Chairperson) MBA (De Montfort University) executive Director) February 2019 Mr Nkosana Mvundlela BA Law, LLB (University of External (Non- 1 March 2016, term ended 28 Venda), Diploma in Corporate Law executive Director) February 2019 (University of Johannesburg) Ms Adila Chowan BCom, PGDip Accounting External (Non- 1 March 2016, term ended 28 (University of Durban-Westville), CA executive Director) February 2019, reappointed to (SA) the Committee 16 March 2019 Mr Robin Theunissen Bachelor of Accountancy (University External (Co-opted 1 April 2016, term ended 28 of the Witwatersrand) Committee Member) February 2019 Mr Willie Scholtz Technology and Business External (Co-opted 1 April 2016, term ended 28 Leadership Programme (IBM Committee Member) February 2019 International Academy and Harvard Business School)
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The Legal Aid South Africa CEO, COO, NOE, CFO and other iv. Approved the Internal Audit Plan and the adjustments senior members of management, together with the internal thereafter, and and external auditors, attend these meetings by invitation. v. Continuously encouraged co-operation and reliance During the year, the Committee held separate meetings with between internal and external audit. senior management, external auditors and internal auditors The Internal Audit Department is subject to an external individually, before every meeting. The internal and external assessment every five years, which is now due. The Audit auditors have unrestricted access to the Audit Committee. Committee recently approved the proposed Request for The Audit Committee and its members are assessed for Proposal prepared by Internal Audit to procure services for effectiveness on an annual basis. the External Quality Assurance Review for FY19.
The Audit Committee is happy to report that it has regulated 15.3 MANAGEMENT MONTHLY/QUARTERLY REPORTS its affairs in compliance with its set terms of reference and has delivered on all its responsibilities as contained therein. Legal Aid SA submitted monthly and quarterly reports to the Executive Authority. 15.2 THE EFFECTIVENESS OF INTERNAL CONTROL 15.4 EVALUATION OF FINANCIAL STATEMENTS The Committee reviewed: i. the significant issues raised by both internal and We have reviewed the Annual Financial Statements prepared external auditors, discussed and was satisfied by Legal Aid South Africa. regarding the resolution of all these issues as and 15.5 AUDITOR’S REPORT when they were reported; ii. the policies and procedures relating to the prevention We have reviewed Legal Aid SA’s implementation plan for and detection of fraud and corruption, and audit issues raised in the prior year as stated above and we iii. the effectiveness of Legal Aid SA’s systems of are satisfied that the matters raised by external audit have internal control including the assurance received been adequately resolved. from management, internal audit and external audit, during the course of the financial year. The Audit Committee notes the caution raised by the external auditor with regard to the lease agreement of some The Combined Assurance Model was updated and of our premises, causing the reported increased irregular the tracking map reported to us during FY19. The final expenditure. Finally, we concur and accept the conclusions Combined Assurance Report concluded that the internal by the external auditor as articulated in the Annual Financial controls are satisfactory. Statements. We are of the opinion that the audited Annual Financial Statements should be accepted and read together Regulatory compliance: with the Report of the Auditor-General. The Committee has complied with all applicable legal and regulatory responsibilities; these are tracked, reported and Integrated Reporting discussed at the quarterly meetings. We recommended the Integrated Report for approval by the Board on the basis of the processes in place, underpinned External audit: by the assurance provided by the Internal Audit function in We reviewed, discussed and deliberated on the external audit their June report. scope and coverage including the fees as set out in Note 15 of the Annual Financial Statements. We concur with the In conclusion, nothing came to our attention to indicate any conclusions on the status of the internal financial controls and material breakdown of the Legal Aid South Africa internal we therefore recommended these to the Board for approval. control processes, risk management, corporate governance and compliance. Internal Audit: The Committee: i. Reviewed the updated Internal Audit Charter and recommended it for approval by the Board; Ms Nonhlanhla Mgadza ii. Evaluated the independence, effectiveness and Chairperson of the Audit Committee performance of the function as well as compliance Legal Aid South Africa with its Charter; 27 July 2019 iii. Considered and satisfied itself that Internal Audit has the necessary resources, budget and appropriate standing within Legal Aid South Africa;
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1. SUSTAINABILITY STRATEGIC PLAN 2. REPORT ON PERFORMANCE AGAINST SUSTAINABILITY GOALS Legal Aid South Africa has a Sustainability Strategic Plan which is linked to the organisational Strategic Plan 2015-2020. Goal 1: Improved access to justice impacting on current The sustainability focus is two-fold; the sustainability impact and future quality of life of clients of the organisation and the sustainability of the organisation itself. This translates into the impact of the organisation’s Focus area I – access to justice work on the economy, society and the environment in the short, medium and long term, and improving the maturity Sub-focus areas: level of the organisation so that it operates at optimal levels i. access to legal services and advice and can continue to be a going concern in delivery terms as ii. quality of legal services and advice well as financial terms. iii. community outreach and education
Legal Aid SA’s SUSTAINABILITY VISION is Access to legal services and advice
To make the Constitution a living document for the poor and The practitioner per court model in the lower courts and vulnerable, be a partner to communities and stakeholders demand-based court coverage ensured that clients obtained and be a preferred employer of legal professionals legal representation when required. Through the continued monitoring of the demand from individual court rooms we thus increasing access to justice, widening the social safety have been able to align staff resources to demand and net of communities, building trust in the rule of law and achieve the productivity targets reached in previous years, building viable institutions (courts and public entity) of a despite reduced staff resources. In 2018-2019 the coverage democratic state; in DCs (84%) and RCs (94%) decreased, by 1% and 2% respectively, as a result of the staff rationalisation process. All to positively impact the current and future quality of life of clients requiring and qualifying for legal representation in the clients and communities. HC were provided with legal aid as were those who required and qualified for matters at the SCA and Constitutional Court. The Legal Aid South Africa Sustainability Vision incorporates the following aspirational elements: There has been a decrease in automatic review statistics i. to promote a human rights approach to access to over the past decade which indicates that there are justice; fewer accused going through the criminal justice system ii. to be an accepted part of the community’s safety unrepresented. A 13% decrease in the number of automatic net enabling poor and vulnerable persons to access reviews is evidence of this. justice which positively improves the quality of their life in the short and long term; A programme is in place to make sure that every accused iii. to contribute to an efficient and effective justice has an opportunity to apply for bail when in custody and system which builds trust in the rule of law and systems are in place for practitioners to take active steps to confidence in the effective functioning of a public assist clients in custody because of their inability to afford institution (that is, courts) of a democratic state; bail. The importance of this is that clients’ constitutional iv. to partner with communities and stakeholders to right to liberty and the right to be presumed innocent until inform the delivery of legal aid services and increase proven guilty is protected. However, of the 42% of our access to justice; clients awaiting trial in custody at the end of the financial v. to be the best and preferred employer of legal year, 21% have fixed bail which remained unpaid. The reality professionals, and is that poor clients are prejudiced, as clients do not have the vi. to develop a segment of a clean, accountable, means to pay for bail and this then impacts on their right efficient and effective government/state. to liberty. This adversely affects the overall sustainability outcome of a just society. The sustainability report below is reported per sustainability goal and focus area. Sustainability risks were managed and There was a decrease in demand, reflected by a 2.4% risk registers and risk management reports were submitted reduction in the number of new criminal matters from the to the Board. previous financial year, making it possible to reduce our coverage of courts.
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This bodes well for the sustainability of Legal Aid SA, There was an increase of representation of vulnerable bearing in mind the budget cuts. Coverage of specialist groups of people in a variety of specialist matters. This courts including Child Justice Courts, Sexual Offences included assistance to women, mental healthcare patients, Courts and Commercial Crimes Courts decreased. The children refugees and the elderly, with a significant increase coverage of these courts was affected as our overall in the number of mental healthcare patients assisted. There coverage decreased. Practitioners continued to receive was a decrease in representation in land/eviction matters. training so that they are better equipped to represent clients An example of an Impact Litigation case which focused in these specialist courts. Therefore, the overall quality of on women as a vulnerable group was the Holomisa matter legal services is improved, instilling greater confidence in which dealt with the issue of women married in terms of the work that is done by Legal Aid South Africa. the former Transkei Marriage Act. In Holomisa v Holomisa, the Constitutional Court declared sub-section 7(3) of the All Remand Detainees were tracked and monitored through Divorce Act 70 of 1979 constitutionally invalid to the extent reports produced by the organisation and discussed at that it excludes a spouse married out of community of Provincial Efficiency Enhancement Committees to finalise property who has not entered into ante-nuptial contract or matters speedily. The flagship programme to track Remand express declaration in terms of section 39(2) of the now Detainees who have been in custody for more than two repealed section 39 of the Transkei Marriage Act 21 of 1978, years was hampered by the unavailability of data from from its ambit. Constitutional rights were protected through the Department of Correctional Services and had to the 30 new Impact Litigation matters dealt with. An 89% consequently be adapted to track only those detainees that success rate was achieved and the outcome of each case are represented by Legal Aid SA or by Judicare practitioners. litigated has had a positive impact on a wider population far beyond those who were actually involved in the litigation. The overall number of internal pending matters has increased by 1.9% and this increase in finalisation time will be continuously Legal Aid SA entered into a Memorandum of Understanding monitored. This increase in turnaround time was directly related with Childline SA and strengthened links with the Teddy to the freezing of staff posts owing to budget cuts. Bear Foundation, aimed at creating greater access to legal services for children and caregivers of children. We also There was a 2.6% decrease in the number of clients assisted linked with the National Movement of Shelters to ensure that in civil matters. Our policy on waiting periods for non-priority people affected by gender-based violence are referred to matters has ensured that capacity is always available to Legal Aid South Africa when they need legal services. assist qualifying clients in priority matters. In the financial year under review, 2,436 clients had to wait three months Our Remand Detainee Programme incorporates the before legal aid was provided to them in terms of our matter monitoring of children awaiting trial in correctional facilities prioritisation policy, which is an increase of 17% from the for periods greater than one month. There was a 67% previous financial year. decrease when compared with the previous financial year, with 15 children awaiting trial in correctional facilities as Civil matters exceeding the 18-month turnaround time at the end of the financial year. These cases were tracked increased by 2.8%. Staff capacity was affected by the staff by staff at LOs. A total of 3,675 children were assisted in rationalisation process. administration of deceased estate matters which is an increase of 7% from the previous financial year and we paid To ensure accessibility of civil legal aid services at various out R47 million to beneficiaries in estate matters. outreach sites, Legal Aid SA Local Offices linked to 128 Community Advice Offices and conducted 965 visits. Clients accessed legal advice through a number of channels: Through our linkage initiatives, services are available consultations at LOs and SOs, the Legal Aid Advice Line beyond our LOs (64) and SOs (64). A further 5,829 clients, and community outreach advice sites. This past year saw including matters involving labour and other specialist the introduction of general legal advice services provided matters, were assisted by Co-operation Partners who are by paralegals based at High Court Units (LOs where there funded by Legal Aid South Africa. Following the findings of is a High Court seat). Through our outreach programme, we a study conducted in the previous financial year on demand extended our reach to clients and communities who were for legal aid in the High Courts, general advice capacity was not aware of their rights as well as their rights to legal aid, made available at High Courts to decrease the number of especially with regard to High Court matters which generally unrepresented litigants and ensure that qualifying clients’ impact more significantly on the lives of clients. rights are protected, which has seen 4,764 clients assisted.
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Clients in outlying areas were able to access instant telephonic Given the focus on quality services to clients and competent, legal advice services thereby ensuring access to justice that informed and knowledgeable practitioners, we are able to positively impacts on their ability to access their rights and assure a high quality of legal services is rendered to clients. services associated with such rights. Cell phone users can also access telephonic advice services at no cost to them. Marketing and branding activities raised awareness of the Legal Aid South Africa brand. These activities included Advertising initiatives have increased the awareness of the consistent advertising (outdoor, radio, television and print), Legal Aid Advice Line slightly, by 0.1%, which resulted in increased use of social media platforms, branding of more people being able to access telephonic legal advice. prison cells, police stations and courts, outreach events, stakeholder engagements, media statements, interviews Through self-help modules available on our website, and networking sessions. There has been an increase in legal information and guidance is available to all persons, the use of the Legal Aid SA website and the website was including Community Advice Offices, irrespective of revamped towards the end of the financial year, to make it whether such persons qualify for legal aid or not. In this easily accessible and mobile-friendly. way we assist clients to attend to their own legal issues and enhance access to justice. The usage statistics indicate that Community outreach and education our self-help content was viewed by 206,243 users in the financial year. This is a 46% increase in the number of users. Educational awareness of legal rights is part of the An average of 15% return visits to the self-help section of organisation’s mandate. Outreach events remain pivotal the website was recorded. to educate and inform clients about their rights, as well as increase awareness of the Legal Aid South Africa brand at Quality of legal services and advice community level. Increased visibility at outreach events in various communities means that an increased awareness of Quality services to clients remained a priority, since the the Constitution and Bill of Rights has been achieved. provision of quality services has a bearing on the outcomes of cases and therefore the lives of clients. Obtaining feedback from clients is an important mechanism for assessment of services provided as well as determining To build the capabilities/level of expertise of practitioners, the needs of clients. Surveys are in place to gauge client they have access to a variety of training, support and satisfaction levels. research programmes. Training targets have been achieved and the results of a survey indicate that practitioners find These surveys were conducted by our call centre agents the monthly legal newsletters discussed at monthly training and survey results as at the end of the financial year show sessions relevant to their work. satisfaction of 96% by clients served in criminal legal matters and 80% by clients assisted in civil legal matters. Legal Aid SA is assured that clients receive quality legal Satisfaction levels by clients in criminal matters remained representation by competent and empowered practitioners. constant while those for civil matters have increased by 3%. This is supported by reviews of quality by the Legal Quality Further, the call centre services were extended to receive Assurance Unit which verified that 99% of our internal telephonic complaints from clients. A steady increase in practitioners and 100% of our paralegals are rendering client satisfaction levels was noted which reflects increasing services in compliance with our quality requirements. positive experiences by clients with regard to services These assessments included the outcomes achieved by the received from our practitioners and staff. practitioners in the cases reviewed. Additional support is provided to those practitioners who have not met the quality Goal 2: Improved effectiveness and confidence in the targets, in order to minimise the risk of prejudicing clients. justice system
The outcome of the assessments (by the LQAU) of the Focus area II – justice system quality of Judicare practitioners’ service confirmed that 75% achieved the quality targets. We have recognised that Sub-focus areas: there is a need to develop Judicare-specific quality review i. speedy and fair trial (criminal) instruments, to make them more suited to practitioners for ii. speedy and fair resolution of matters (civil) whose supervision we are not responsible. iii. justice governance
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Speedy and fair trial (criminal) Speedy and fair resolution of matters (civil)
Court coverage reduced in the DC and RC as a result of There was an increase of 2.8% in backlog civil cases exceeding the staff rationalisation process and consequently there was turnaround times and the number of civil matters exceeding an increase in turnaround times. The practitioner per court turnaround times increased from 11,998 in the previous model used by Legal Aid SA ensures that all clients who financial year to 14,138 in this financial year. Recruitment require legal assistance and qualify in terms of the Means processes were delayed on account of the staff rationalisation Test are assisted at both our lower courts, although it might process negatively impacting on capacity and this ultimately not be on their first appearance in court. Legal Aid South hampered speedier justice for clients. We continued to use Africa legal practitioners are always accessible to attend to Hotdocs software for automatic document generation in client matters and the high level of coverage of matters, including civil matters, which further facilitated efficiency. all clients who require legal aid in the High Courts, means that clients’ right to a fair trial is protected. Justice governance
Through the continued implementation of various protocols The Court Stakeholder Relationship Management Programme, approved by the CJS Review Committee, we have maintained including the Presiding Officer Visitation Programme, which co-operative working relationships with justice system role- was extended to High Court judges, was implemented and players to process client matters speedily. We participated assisted in obtaining feedback from our stakeholders in the in the Rules Board for Courts of Law that updates and justice system and resolving challenges which have the improves the functioning of the civil justice system and potential to hamper efficiencies and the finalisation of client submitted contributions on new and proposed legislative matters. We are pleased that presiding officers are generally changes in order to protect the rights of indigent clients. satisfied with the quality of our legal services.
Legal Aid SA representatives actively participated in all Interventions were in place to prevent clients being justice cluster forums to meet the objective of increased unrepresented in legal matters. Work done through extended efficiencies in the justice system, to ultimately contribute to pro bono services rendered by the legal profession, including the timeous finalisation of matters. During the financial year, work done by ProBono.Org and the South African Society for the organisation was involved in a Committee that is reviewing Labour Law (SASLAW) resulted in indigent clients in labour efficiencies of the courts in order to find an appropriate and other matters where Legal Aid SA capacity is limited, resourcing model across the sector. Further, we worked having access to legal services. Linkages with community on a project aimed at assisting the State Attorneys Offices structures are a further enabler in accessibility of legal throughout the country to implement effective management advice and legal representation. systems and participated in the first Presidential Summit on Gender-Based Violence to provide input on how processes Goal 3: Good governance practice and a strong can be improved to enable victims of gender-based violence governance reputation and discrimination to access legal services when needed. Focus area III – good governance Legal Aid South Africa participated in the sectoral working group for SDG 16 and other processes relating to the Sub-focus areas: voluntary national review process and in preparing the i. strong governance performance first Country Report on progress in terms of SDGs, to be ii. high ethical standards: zero tolerance on fraud and presented at the United Nations in September 2019. We also corruption and ethical conduct with clients raised awareness of the need to focus on the implementation iii. an effective and visionary Board of SDG 16 through our interactions with other departments iv. IT governance in the JCPS cluster. Our participation in the development of the Statistics SA questionnaire on Governance, Justice and Strong governance performance Public Safety ensured that questions testing legal needs, Legal Aid South Africa continued to place emphasis on its access to legal services and the public’s responses to governance framework and has implemented all relevant legal needs are included so that we can assess these levels practices of the King IV Code on Corporate Governance. against SDG 16 Target 16.3.
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As a result of effective monitoring systems, the organisation The Board played an oversight role in the development of is materially compliant with all legislation forming part of its the new electronic Legal Aid Administration system (eLAA), legislative universe. reviewed and approved the IT Strategy and policies as well as IT risk management. High ethical standards: zero tolerance on fraud and corruption and ethical conduct with clients Goal 4: Improved maturity level of the organisation
In order to emphasise the zero tolerance approach on Focus area IV – maturity levels fraud and corruption, the forensic unit conducted fraud and corruption awareness campaigns. Of the 15 new alleged Sub-focus areas: fraud matters reported and investigated, three employees i. to develop maturity level of core business to improve were found to have acted unethically; one of whom has quality services to clients resigned and two are undergoing disciplinary processes. ii. to develop maturity level of each segment of the Ethics and lifestyle audits conducted did not yield any organisation to perform at optimal levels and improve adverse findings and it is clear that employees subscribe the impact of delivery/outcomes to high ethical conduct and adhere to the organisational iii. to embed enterprise risk management into the values of integrity and accountability. business approach and culture of the organisation iv. financial maturity and clean audits An effective and visionary Board v. IT and IT systems vi. business continuity The term of the Board appointed with effect from 1 March 2016 ended on 28 February 2019 and a new Board was in To develop maturity level of core business to improve place from 1 March 2019. quality services to clients
The Board actively monitored the implementation of the The maturity level of quality legal services in both criminal Legal Aid SA Strategic Plan 2015-2020, as reviewed for the and civil matters and for both internal and Judicare 2018-2019 financial year, through the tracking of quarterly practitioners has improved. Internally, the outcome of the reports against the Annual Performance Plan 2018/19, audits conducted by the Legal Quality Assurance Unit found confirming that the organisation’s performance was aligned that 99% of practitioners dealing with criminal matters and to the fulfilment of its mandate. 100% of civil practitioners met or exceeded the quality targets. Therefore, clients can be assured of access to Amidst the budgetary reduction and a surge in IT security quality legal services, their rights to a fair trial and to having environment and cyber risks and their impact on sustainability disputes resolved. of the organisation, the outcome of the Board workshops in 2018 was better accountability by the Board. This was in To develop maturity level of each segment of the terms of embracing its corporate governance responsibility organisation to perform at optimal levels and improve the in taking key decisions relating to employee and financial impact of delivery/outcomes sustainability issues that were facing the organisation in the year under review and minimising the risks in these areas. The Internal Audit function provided value-add assurance to management and the Board. An Institute of Internal Auditors Other than budget cuts, which impacted service delivery (IIA) Independent Quality Assessment Review found that the and employee benefits, Legal Aid SA was not hindered Internal Audit Department “Generally Conforms” with the by emerging risks in meeting its strategic objectives and IIA’s International Standards for the Professional Practice experienced stability of the internal control environment. of Internal Auditing (Standards/ISPPIA) and the Code of Ethics. Further, their audit coverage targets were met and IT governance a 99% client satisfaction result (from Client Satisfaction Questionnaires) was attained. The Board performed its oversight role with regard to the monitoring and management of IT to ensure the effective Continuously working to align the financial processes to alignment to business objectives, in accordance with best practice yielded the outcome of improved financial the King IV Code. Particular attention was given to IT maturity that has enabled Legal Aid South Africa to cope investments, IT strategy and IT performance and maturity. with a declining fiscal outlook.
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Legal Aid SA received a recognition award from SAICA for As a result of a reduced budget, business activities had to sustainable clean governance. Supply chain management be reprioritised without adversely affecting major contractual compliance remains a challenge in a few instances and obligations and business operations. Stringent controls on receives ongoing attention. expenditure included: a. Implementation of cost containment measures Human resources practices are best practice aligned to Top with non-contractual operating expenditure being Employer accreditation and recognised as best in its class reduced by -30.6% and contractual obligations within the public sector segment. Legal Aid South Africa reduced by 2% through negotiations on lower workforce planning practices remained flexible, agile and escalation rates for financial year 2018-2019. able to cope with disruption. Succession planning practices b. Implementation of increased life cycles of capital were enriched, resulting in organisational readiness for any assets and used Plan B savings to procure assets rapid changes in critical leadership roles and improved not budgeted for. bench strength in respect of future placement requirements. The organisation and employee performance was effectively Service delivery was not impacted by the R132 million managed, resulting in performance goals being achieved. budget shortfall since it was funded from operational The digitisation of human resources processes roadmap efficiency while ensuring that solvency and liquidity tests outcomes are being progressively achieved. were met and cash flows monitored. Expenditure was appropriately used to achieve the Business Plan objectives. The Information Systems department’s maturity remained stable in the financial year. IT and IT systems
To embed enterprise risk management into the business Legal Aid South Africa maintained a stable IT environment approach and culture of the organisation and IT systems. The network infrastructure was refreshed with new switches to improve performance and security Risk management processes were implemented and the virtual environment network was upgraded in successfully. Risk Control Self Assessment surveys were terms of speed. The virtual environment was stable with an completed and the results confirmed that controls are average server availability of above 99%. A new document viewed as both adequate and effective. Bi-annual Risk management system was developed and implemented. Registers, quarterly Combined Assurance Reports and Risk Watch Reports were reviewed by the Board. The Risk The risks associated with the implementation of the new Watch Reports confirmed that the majority of risks are eLAA system were monitored and managed. managed within the risk tolerance level. The Internal Audit function verified the adequacy and effectiveness of the risk Business continuity management in Legal Aid SA. The risk maturity level has enhanced together with a risk intelligent culture. There were minimal interruptions to business operations through the implementation of Uninterrupted Power Supply An investigation register in which suspected or alleged (UPS) at the Local and Provincial Offices and a generator fraud incidents is recorded was maintained and monitored at the National Office. This however had an adverse effect throughout the year by the Internal Audit Department. Of the on the environment as more carbon dioxide emissions were 15 matters investigated, only three employees were found discharged. Proactive mitigation plans that respond effectively to have conducted themselves unethically. Legal Aid South to business threats and take advantage of opportunities are Africa employees maintained a high level of professional in place. A healthy working environment is still prioritised and and ethical conduct. maintained. Legal Aid SA remains a sustainable organisation with strong and committed leadership. Financial maturity and clean audits
In 2018-2019, Legal Aid SA received an unqualified, clean audit opinion from the AG-SA, this being the 18th unqualified audit.
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Goal 5: Best employer of legal professionals (and related Organisational culture management and support staff) Maintaining employee engagement during a challenging Focus area V – employer of choice: period was a priority. This was done through the effective implementation of the Organisational Culture Programme. Sub-focus areas: The programme focus was as follows: i. recruitment and retention a. Getting through budget cuts together ii. employee engagement and development b. Sexual harassment and patriarchy in the workplace iii. labour relations c. Mandela Day outreach programmes iv. organisational culture d. Celebrating World AIDS Day v. employee wellness e. Celebrating the Provincial and National Achiever vi. CSI Awards
Recruitment and retention As a result of the Internal Communications Programmes (including the weekly online newsletter, Good News Alerts, The 2018-2019 financial year saw Legal Aid South Africa SMS messages) employees were not only kept informed; achieving accreditation as a Top Employer for the 10th these messages also served to motivate and engender loyalty consecutive year. This, together with a low staff turnover and productivity in employees of Legal Aid South Africa. rate of 5.8%, is an indication that the organisation remains an employer of choice. There is a succession planning Reductions in the value of the Employment Value Proposition project in place and this was enhanced by the introduction to mitigate budget cuts have led to muted levels of employee of the 9-box performance potential tool to map talent depth, satisfaction. This has impacted on the Team Climate Monitor. readiness to transition through the leadership pipeline and The score range on the monitor tool indicated that the bench strength. outcome achieved a positive to declining Team Climate Monitor with the result encroaching on the threshold for The leadership pipeline, career path and the succession requiring improvement. planning programme remained in place and effective with nine out of ten (90%) critical positions being filled by internal Employee wellness candidates. The Employee Wellness Education Programme remained Employee engagement and development relevant and effective during the period. There was lower absenteeism due to unauthorised and unpaid leave; 0.29 Training plans are linked to individual development plans. days per capita in 2018-2019 as compared to 0.55 days per The skills levels of legal and support staff have improved capita in 2017-2018. Sick leave usage increased by about as a result of the Competency Based Training Programme. one day per capita (7.63 days per capita 2018-2019 as Through their participation in training and development compared to 6.65 days per capita in 2017-2018), remaining opportunities, including training courses arranged by the within the managed target set at less than 8 days per capita. legal training unit, e-learning and self-learning modules, legal practitioners have enhanced their skills. This is confirmed by Corporate social responsibility the findings of the reviews conducted by the LQAU. Client and community awareness of their constitutional rights Labour relations and obligations increased through community legal support programmes which ensures greater access to justice. Legal The outcome of achieving sound labour relations is being Aid SA has 234 employees registered as Small Claims effectively managed within a difficult labour relations Court Commissioners and the organisation’s contribution landscape, which emanated from the negative impact to the pool of Small Claims Court Commissioners ensures of budget cuts on the Legal Aid SA Employment Value speedy resolution of small disputes, thereby increasing Proposition. The organisation’s relationship with organised access to justice for the poor. The Legal Aid South Africa labour has been robust in the period with attempts for a Asset Disposal Policy allows for the donation of usable second union to be registered by employees. assets such as furniture, computers and motor vehicles to organisations that deliver access to justice such as Community Advice Offices and University Law Clinics to address their infrastructure challenges.
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Goal 6: Reduced carbon footprint (of organisation) Legal Aid South Africa proactively establishes, promotes and honours arrangements to interact and foster Focus area VI – carbon footprint relationships and the common good with other government departments, public institutions and international bodies Sub-focus area: on issues of social and legal justice. To this end, Legal Aid i. reduce carbon footprint related to business operations SA is part of dedicated forums that promote dialogue and representations on access to justice through collaborations There was a continued focus on raising awareness of and partnerships to advance the legal interests of vulnerable environmental issues within the organisation, such as groups in societies. promoting recycling, through the Internal Communications Programme and the work done by the Environmental Some of these partnerships include: Committee. We are pleased to report a reduction in water i. Working with like-minded stakeholders in the justice and electricity consumption, CO² emissions expelled from cluster to promote the efficient functioning of the Legal Aid SA fleet vehicles as well as CO² emissions expelled justice system within South Africa. though flights. The Legal Aid South Africa Environmental ii. Continuously hosting informative outreach initiatives Policy was reviewed and approved by the Board. through our Legal Aid SA Local Offices, to ensure that communities are informed and educated about 3. STAKEHOLDER ENGAGEMENT their legal rights and get to interact with our staff as they receive legal assistance and advice in matters Legal Aid South Africa recognises and understands affecting them. the important role played by both internal and external iii. Continuously nurturing and maintaining meaningful stakeholders in driving the mission and vision of the relationships with like-minded stakeholders, such organisation. Our employees are our valued primary internal as NGOs and CBOs, with a focus on awareness of stakeholders and continue to play a critical role in advancing rights and access to legal aid services as mandated the strategic objective and mandate of the organisation. by the Legal Aid SA Act. Among these are legal practitioners who interact daily with iv. Acknowledging and supporting traditional our indigent clients who need legal representation. community structures, tribal offices and Community Advice Offices in order to give access to legal Ongoing interaction and communication with our employees services even to far-flung rural communities. is pivotal to motivate staff to remain at the forefront of v. Engaging internal stakeholders by rolling out offering legal services to clients with professionalism, Organisational Culture Programmes aimed at our passion and integrity. employees in an effort to continuously train and monitor service excellence as well as promote good Moreover, at National, Provincial and Local Offices our brand ambassadorship. employees actively participate in justice, crime prevention vi. Continuing to provide expert knowledge and advice and security cluster meetings in order to add value to to other countries in the global arena to model their making our criminal justice system as efficient as possible. access to justice and legal services to Legal Aid In pursuit of a collaborative and an interactive approach South Africa’s model which has proven to work. with stakeholders, Legal Aid SA strives for a meaningful interaction and effective relations with our justice cluster The following table details the various stakeholder groups stakeholders in recognition of our interdependency while and the specific stakeholders that we interacted with during observing the independence of its legal professionals on the 2018-2019 financial year, the engagements we had, as the matters of application of the law. well as inputs and responses we received.
82 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 Table 12: Engagement with Stakeholders Access to our self-help modules support at paralegals clients with their Offices to assist Advice Community needs. legal The importance The of practitioners allowing time for to the quality ofconsult in order to improve their work. The need to align supply and demand per court need to align supply The room in light of levels to maintain optimal court coverage reduced staffing levels. A review is being undertaken A review to consider the allocation of civil capacity to the High Courts from non- away priority matters. The details ofThe our criminal service delivery were shared explaining: with stakeholders, both financial Aid SA is not in a position to provide Legal supportfocus our Offices and Advice to Community support services on addressing the legal needs of clients. supportLitigation support advice and specialist legal through our programme which was are made available Offices to call on Advice amended to allow Community us when need assistance. they Statistics were shared on all children represented by represented by were shared on all children Statistics Aid SA. Legal Staff courts. programme at deployment courts in the measures to cover Our contingency absence of the regular practitioner. priority to to give has been revised Our policy if even maintenance and domestic violence matters, it is where advice resource constraints limit our to give only in court.ability to represent the clients Expanded outreach programme to ensure that general programme to ensure that Expanded outreach civil courts at servicesadvice and that are available aid services can access civil legal clients those at courts. Policy on donation of on donation Policy assets to Community usable explained. Offices Advice Engagement with the Judge President, Western Cape with the Judge Engagement High Court on measures to increase productivity. Legal Aid SA sits on the Legislative Task Team appointed Team Task Aid SA sits on the Legislative Legal to recognise the the Minister to prepare legislation by sector. paralegal A) i. ii. iii. iv. v. vi. B) Our civil delivery programme was explained: i. ii. iii. A) B) C) D) E) How Issues were Responded To Issues were Responded How Support required when expertise Advice Community at available Offices cannot address the legal needs of their clients. Offices require Advice Community help. material Stakeholder concernsStakeholder about the ofextent aid our criminal legal and capacity in courts, coverage 100% our inability to provide e.g., in both DCs and RCs; coverage ofcoverage the courts on Fridays; oflack as well relief capacity, our response to reduced budgets. representation Stakeholders’ aid on increased civil legal aid civil legal services, e.g., services/consultations at all courts; increased legal services in maintenance matters and and domestic violence, unrepresented for representation in the High Courts.civil litigants Offices Advice Community require support to ensure their sustainability. support representation Legal whose clients mattersrequired for require litigation. A) B) A) B) C) D) Report on Input Received
NEEC (1), PEEC and Dev Comm meetings (36). NEEC (1), PEEC and Dev Acquire meaningful insight and input to the organisation’s strategic Acquire meaningful insight and input to the organisation’s direction. Legal Aid SA continues to participate Aid SA continues Legal in the Criminal Justice process. System Review Aid SA participates Legal Courts Board for in the Rules of that law the functioning of and improves updates the civil justice system. Shared vision and commitment to ensure an effective justice Shared vision and commitment to ensure an effective upholds constitutional rights. system that Legal Aid SA’s National Office, as well as Legal Aid SA Provincial Aid SA Provincial as well Legal Office, National Aid SA’s Legal with court-basedand Local Offices engaged through stakeholders engagements: the following Review of Review aid access and recommendations. criminal legal Participated in meetings (1589) of Committees Local Case Flow (414). To be responsive and have co-operative relationships with other relationships co-operative and have be responsive To service providers. Interactions (922) held with DoJ senior officials including court Interactions (922) held with DoJ senior officials including managers. To increase access to legal services increase access to legal through partnering with like- To minded organisations. Participated in the Inter-sectorial Committee on Child Justice that Committee on Child Justice Participated in the Inter-sectorial deals with matters of in conflict with the law. children Advice to 128 Community Aid SA Local Offices linked Legal up legal assistance and back Offices through 965 visits to provide services. A total of were seen and 758 new files 6,059 clients opened. Participated in meetings/interactions (6300) with presiding officers. Improved relationship with courts relationship the provision in order to facilitate Improved of services quality legal to the efficient as well contribute ofoperation the justice system as a whole. Interactions (>2000) with other justice cluster stakeholders. Some usable assets were donated to Community Advice Offices Advice to Community assets were donated Some usable disposal.when were due for they Consultative meetings were held with CAOSA, the umbrella body for the umbrella body for meetings were held with CAOSA, Consultative Offices. Advice Community Strategic Objectives A) B) Report on Performance A) B) C) D) Report on Performance A) B) C) i. ii. iii. iv. v. vi. A) B) C) Strategic Objectives Engagement Law Clinics Law and Advice Offices Courts (including Judiciary and Prosecution) 2. 1. Stakeholder A. Legal/ Justice Group
82 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 83 Table 12: Engagement with Stakeholders (continued) The protocol with the Sheriff’s The Board provides ofguidelines on the processing and payment Sheriffs accounts as well the lodgement of complaints. A divorce self-help package is available on our website. is available self-help package A divorce Our Preadmission Training Programme was revised to Programme was revised Our Preadmission Training of to as wide a variety CAs are exposed ensure that work as possible. CAs to for provision Our CA programme makes carry criminal as well civil files to ensure practical of to a variety exposure matters. All complaints/concerns Local Case Flow raised at and addressed. Management Committees investigated Comment and input provided on the Legal Practice Act. on the Legal Comment and input provided practitioners 234 legal serve as Commissioners in the Small Claims Courts. Statistics on the number of on the number Statistics pro bono instructions issued been shared. have Legal Aid SA compiles Top 20 RD list per province for for 20 RD list per province Aid SA compiles Top Legal ofattention PEECs. respective Improved processing of Improved registration for documentation of service. community through our newsletter Information was disseminated practitionersto all Judicare on the performance of practitionerssuch in file quality and court observation reviews. Aid SA has implemented all protocols in as far Legal it affects Aid SA. Legal Aid SA ensures participation Legal of senior managers meetings. all Local Case Flow at SOP developed to guide Legal Aid SA Local Offices to guide Legal SOP developed both whereexists between two people, a conflict aid assistance. seeking legal and monitoring ofEnhanced tracking awaiting children trial. A) B) C) D) E) F) G) A) B) C) D) E) F) G) H) How Issues were Responded To Issues were Responded How Efficient processing of contracts of service community our CAs. for of number maximum The CAs reporting to a Principal. B-BBEE and women empowerment of in the allocation Judicare. Increasing the exposure ofIncreasing the exposure CAs to ofa variety work. Processing of of payments ourmembership for fees practitioners. The allocation of allocation The pro bono work to practitioners. legal Implementation ofImplementation our Quality Monitoring Programme for practitioners. Judicare Changes brought by the Legal Aid the Legal Changes brought by as well SA Act and Regulations Aid Manual. the new Legal Development ofDevelopment protocols to the functioning ofimprove the criminal justice system. with our relationship Improving to stakeholders justice cluster communication ensure improved to address local challenges. Practices that cause delays in the cause delays Practices that offinalisation cases. of the number Reducing RDs those in especially in custody, than 2 years. greater custody for Providing assistance to litigants Providing with the seeking divorces assistance of Court Regional Registrars. Making qualifying practitioners to act as Commissioners available of the Small Claims Courts. A) B) C) D) E) F) G) H) A) B) C) D) E) F) ofG) Non-payment Sheriff accounts. Report on Input Received
An improved criminal justice system. An improved To increase civil legal aid. increase civil legal To Acquire meaningful insight and input to the organisation’s strategic strategic Acquire meaningful insight and input to the organisation’s direction. Joint efforts Joint at courts. case flows improving aimed at The organisation nominated its executive, the NOE, to serve on the its executive, nominated organisation The of other employees Practice Council (LPC). Two AidLegal Legal also been elected/appointed to the LPC and one other has SA have LPC. been elected to the Limpopo Provincial Mitigate the service Mitigate of serving court civil process and executing orders. Legal Aid SA participated Legal in 192 joint projects to increase access Women’s Week, Access to Justice Week, as Wills to justice such ofMonth, 16 Days and Women against No Violence Activism for Month, Human Rights Month. Children, Youth Legal Aid SA Local Offices hosted annual Justice Cluster Forums. Justice Cluster Aid SA Local Offices hosted annual Legal One Legal Aid SA Board member and a Provincial Executive Executive Aid SA Board member and a Provincial One Legal structuresparticipate of in the executive the BLA and SAWLA. Improved relationship with justice cluster stakeholders in order to stakeholders with justice cluster relationship Improved of the provision facilitate services quality legal as well contribute ofto the efficient operation the justice system as a whole. Effective interaction with professional bodies regarding professional bodies regarding interaction with professional Effective regulatory matters concerning professionals. legal all justice system stakeholder Aid SA is represented at Legal participation including meetings, in all Local Case Flow Management Committees. Legal Aid SA participated Legal Society meetings. Law in 63 provincial Legal Aid SA participated Legal fraternity in 74 legal meetings. Committee Participated System Review in the Criminal Justice of to the development and contributed of a number protocols to efficiencies ofimprove the criminal justice system. Protocol entered into with the Sheriff’s Board and Sheriff’s to limit the cost ofAssociations service poor clients. or process for Legal Aid SA participated Legal to monitor in the forum established the cross-border abduction of in terms children of the Hague Convention. Legal Aid SA kept up to date with developments in the legal with developments up to date Aid SA kept Legal professional interaction with legal through continued profession bodies. Engagement with Sheriff’sEngagement Board and Deputy Minister of in light of challenges procurement-related to resolve Justice the ofestablishment the National by a Central Supplier Database Treasury. Input into development of the LPC, Input into development for regulations relevant training. dealing with practical vocational regulations especially Increase access to justice through pro bono agreements with practitioners. private Legal Aid SA lawyers participated Aid SA lawyers AGMs of Legal in the final the Law Societies. Improved Improved access to detainees. A) B) C) D) E) F) Strategic Objectives A) B) C) Report on Performance Strategic Objectives A) B) C) D) E) F) Report on Performance A) B) C) D) E) F) G) H) Engagement
Professional Bodies Legal System Justice Stakeholders (criminal and civil) 3. 4. Stakeholder A. Legal/ Justice Group
84 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 Table 12: Engagement with Stakeholders (continued) No issues raised by the Executive Authority. Legal Authority. the Executive No issues raised by and compliant with relevant Aid SA was accountable legislation. participated stakeholder organisation The in all relevant meetings as required. SOP updated to provide for submitting L & D Accounts for to provide SOP updated section 18(3) limits. exceeding in estates to track updated Schedule Account Tracking Trust section 18(3) limits. exceeding estates Updated the webpage to track reasons for matters reasons for to track the webpage Updated 12 month turnaround payments. exceeding for Incidence of monies being returned reduced as when documents are action can be taken immediate outstanding. Material compliance on PFMA and full Material other statutory requirements. Engagement with Guardians Fund on required Engagement the quality ofdocuments improved submissions. Engagement with Banking Association expected expected with Banking Association Engagement unknown deposits resulting in speedy to eliminate estates. to relevant allocation Legal Aid SA grant allocation was cut in 2018-2019 Aid SA grant allocation Legal Aid SA also and Legal to baseline allocations, relation shortfallhad a budget due to the final wage increases NT. by and the lower allocation government agreed by New circulars and NT guidelines introduced the forums and workshopsdiscussed at were Aid SA to ensure good Legal implemented by and financial maturity. governance New accounting standards were applied when preparing the Quarterly Financial and Annual Statements. A) B) A) B) C) D) A) B) C) D) E) F) How Issues were Responded To Issues were Responded How Training conducted on NT Training Financial Statements Annual and new templates consolidation Accounting Standards. More efficient manner to finalise whereestates immovable property cannot be transferred ofdue to lack funds in estates. Delay in allocation of in allocation Delay funds to beneficiaries when we cannot deposit to a specific allocate estate. The MinistryThe of Justice the performanceacknowledged of Aid SA and remarked Legal Aid SA Legal it was on track. that staff were commended. Meetings with the Executive and other stakeholders Authority occurred as and when required. Legal Aid SA is seen as a Legal Meetings and entity. professional on finance matterspresentations are handled in a very proficient No additional all times. manner at the financial for funds allocated due to financial under review year constraints facing the country as a whole. Aid SA seen as one ofLegal entities with an excellent the few record oftrack Auditor-General’s independent audit opinions. Compliance with Administration ofCompliance with Administration exceeding estates Act for Estates R250 000 (after 24 November 2014). Monies returned Guardians by documents Fund where relevant all the for not received beneficiaries. A) B) A) B) C) A) B) C) D) Report on Input Received
Accounting to the Department of and Constitutional Justice on delivery of and Parliament Development done mandate as required. timeously Officials from the Office of the Chief Procurement Officer Aid SA Local Offices. Legal conducted SCM training at Ensure best governance practice and compliance with PFMA Ensure best governance other statutory requirements. Legal Aid SA attended one National Business Continuity one National Aid SA attended Legal Management workshop. Aid SA was partLegal of workshops and forums Treasury National on risk, SCM, quarterly reports and alignment of budgets. 3,675 new children estates matters were taken on. matters estates were taken 3,675 new children Linkage with Master’s Office to attend to estate mattersattend to estate on behalf Office to Linkage with Master’s of children. with Chief Engagements Master to respond operational local in place to resolve engagements Provincial challenges. challenges. and amended. MOU revised Engagements with Guardians Fund to facilitate efficient payment efficient payment with Guardians Fund to facilitate Engagements processes. Engagement with Banking Association of with Banking Association Engagement South Africa on working of to better administer estates relationship minors. Ensure best governance practice, King IV guidelines and practice, Ensure best governance compliance with PFMA and other statutory requirements. A) Strategic Objective A) Report on Performance A) Strategic Objective Report on Performance A) B) C) Strategic Objective A) Report on Performance A) B) C) D) E) Engagement
Ministry of and Justice Correctional Services (Executive and Authority) Department of and Justice Constitutional Development National Treasury Master’s Office Master’s 6. 7. 5. Stakeholder Govern- ment B. B. A. Legal/ Justice Group
84 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 85 Table 12: Engagement with Stakeholders (continued) Visits undertaken Aid SA Local Office Legal Visits by to offerparalegals assistance to unrepresented accused. Aid SA and JICS finalised. Draft MOU between Legal Meeting held with Gauteng Provincial Police Police Meeting held with Gauteng Provincial Commissioner to address the issue with all station commanders. meeting held with DBE officials to discuss the Telecon ofimplementation the MOU. Aid SA Local senior Legal Aid SA ensures that Legal Office managersattend the local JICS meetings as arranged concerns all inmate so that the regarding ofprovision aid can be addressed. legal concernsAll inmates’ Aid SA Legal regarding and addressed. investigated A) B) A) B) C) D) How Issues were Responded To Issues were Responded How Most police stations still resistant Most police stations to co-branding partnerships. MOU sign-off to with DBE delayed allow the acting DG and then with the to familiarise themselves terms of the partnership. Participation Aid SA at Legal by local JICS meetings. in as far inmates, Complaints by as it affects Aid SA, are Legal discussed. Issue of unrepresented accused correctionalat facilities. of Conclusion an MOU between Aid SA and the JICS. Legal A) B) A) B) C) D) Report on Input Received Attendance at Visitation Committee meetings. Visitation Attendance at To be responsive and have co-operative relationships with relationships co-operative and have be responsive To departments.government strategic Acquire meaningful insight and input to the organisation’s direction. service government at 551 posters points. displayed correctional police stations, centres and at 3,151 posters displayed courts across the country. linkages with DepartmentContinuous of Correctional Services for better access to detainees. Partnership detainees aid for with JICS to increase access legal and inmates. linkages with DepartmentContinuous of Correctional Services for better access to detainees. Partnership detainees aid for with JICS to increase access legal and inmates. 1,101 community events held at government key service key delivery government held at events 1,101 community points. and Security Crime Prevention with all Justice initiatives Joint of to reduce the number Cluster stakeholders Detainees Remand 2 years. periods exceeding in custody for Linkage with Department of assistance of Health for mental healthcare patients. Ongoing meetings with JICS and interactions independent Correctional Aid SA Local Office Legal Centre Visitors (ICCVs) at level. Joint initiatives with all Justice Crime Prevention and Security Crime Prevention with all Justice initiatives Joint of to reduce the number Cluster stakeholders RDs in custody for 2 years. periods exceeding Memorandum of Understanding Department signed with National of radio partnership. community (DBE) for Basic Education Strategic Objectives A) B) C) Report on Performance A) B) C) D) Strategic Objectives A) B) C) Report on Performance A) B) C) D) E) Engagement
Government Government Departments (other – National, Provincial, Local) Judicial Inspectorate of Correctional Services (JICS) 8. 9. Stakeholder Govern- ment B. B. Group
86 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 Table 12: Engagement with Stakeholders (continued) Legal Aid SA visits all holding cells whereLegal children is provided. representation are held to ensure legal held in custody all children Aid SA also tracks Legal correctional facilities. Referral Aid SA Local systems in place between Legal Partners Co-operation Offices and relevant to ensure Aid SA cannot assist are assisted Legal that clients that Partner a Co-operation by without delay. Information is shared within Legal Aid SA on research Information is shared within Legal adults to used by children studies on trends regarding commit crime. Aid SA on research Information shared within Legal DSD on the link between drug andconducted by abuse offending. Funding to Co-operation PartnersFunding to Co-operation and limited available Agreements. Co-operation for budget to the allocated Partners to Co-operation donation for available Vehicles in terms of our disposal policy. DSD and DCS stakeholders are continuously engaged are continuously DSD and DCS stakeholders on the quality of matters, reports prepared in children’s both criminal and civil. Aid SA responded to all ParliamentaryLegal Questions raised. Data provided on children represented in Preliminary on children provided Data Courts.Inquiries and in Child Justice Information provided for the development of development the for Informationprovided the National on Child Justice. Framework Policy A) B) C) A) B) C) D) E) F) A) How Issues were Responded To Issues were Responded How Children used by adults to commit Children used by crime. Drug and its impact on abuse crime levels. Additional funding required to services. extend ofAllocation depreciated fully motor vehicles. Children held in holding cells at police stations. Officer reportsProbation as well as assessments done on children. The Portfolio Committee wasThe ofappreciative the work done by and the quality of the leadership of Aid SA. Legal The The legal representation of in preliminarychildren enquiry matters and in Child Justice Courts their – details including ages as well the type of offences with. were charged they Clients assisted without delay. Programmes offered DSD for by ofthe rehabilitation children. A) B) C) A) B) C) D) E) F) A) Report on Input Received There is a common understandingThere to share among stakeholders in custody. children information regarding New proposals for Co-operation Agreements as well as for the Agreements as well for Co-operation New proposals for termination or restructuring of agreements considered by existing the LSTC. A total of Co-operation on by 5,829 new matters were taken Partners. referralEffective Agreement system in place with Co-operation Partners in respect of specialist matters or in instances where a conflict of legal Aid SA from providing Legal interest prevents representation. Legal Aid SA participatedLegal in all activities of the Intersectorial (ISCCJ). Committee on Child Justice Annual in the Integrated aid was included A section on legal Report of the ISCCJ. coordinate to jointly built relationships Strong and co-operative efforts justice matters. in dealing with child Ten Co-operation Agreements in place. Co-operation Ten Legal Aid SA partnership Legal outreach to other areas including extends and rights-based awareness social mobilisation programmes, SAPS police cells nationally. numerous through branding at Integration of Integration system (AI) and the CAS administration our legal system pursued as part of the IJS deliverables. Boost capacity and resources to deliver quality legal services/ quality legal Boost capacity and resources to deliver ensure increased access to justice. Effective engagement with SAPS and Social Development to with SAPS and Social Development engagement Effective in criminal matters. children for representation ensure legal referral linkages with the SAPS system for ofImproved matters aid. to legal relating Aid SA was partLegal of Management Committees 414 Case Flow from SAPS and representatives linkages which includes to improve Social Development. Aid SA Local Office personnelLegal attended almost 1,589 Case Committee meetings. Flow Reporting and accountability to the Executive Authority and Authority Reporting and accountability to the Executive statutory compliance maintained and improved. briefings ofTwo Portfolio the Committee were held in the 2018- Aid SA on the Legal 2018 focusing one on 24 April 2019 FY, Performance 2018/19, Annual Plan 2015-2020 Review Strategic other meeting 2018-2019. The Plan 2018-2019 and the Budget for took place on 16 October 2018, where the Portfolio Committee on and CorrectionalJustice Services Aid SA on the Legal was briefed Report Annual Integrated 2017-2018. for Increased access to justice in civil matters, with specific legal focus with specific legal Increased access to justice in civil matters, or within specific geographical areas. Provinces participated justice fora. child Provinces in all provincial Strategic Objective A) Report on Performance A) B) C) D) E) Strategic Objectives A) B) Report on Performance A) B) C) D) D) E) F) G) H) Strategic Objective A) Report on Performance A) Engagement
Co-operation Partners SAPS and Department of Social Development Parliamentary Portfolio Committee on and Justice Correctional Services 12. 10. 11. Stakeholder Service Providers Govern- ment C. C. B. B. Group
86 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 87 Table 12: Engagement with Stakeholders (continued) Judicare newslettersJudicare contained articles on requirements the efficient processing offor Judicare practitioner accounts. Accreditation criteria reviewed and refinements criteria reviewed Accreditation effected. Suppliers were assisted with registration on NT CSD. Suppliers on NT CSD. were assisted with registration Held tender briefing meetings, where applicable, to where applicable, Held tender briefing meetings, SCM requirements. clarify Suppliers informed of the cut-off submission for dates of December closure. accounts to be processed before Details of our Quality Monitoring Programme shared with practitioners in their compulsory briefing session Aid SA Local Office management. with Legal Webpage introduced for reporting introduced for progress on allWebpage matters. Judicare Court observation of practitioners senior Judicare by Aid SA Local Office ManagersLegal rolled out. New Agency Agreement practitioners New Agency inducted and agreements finalised. Update on NT regulations on tax clearance certificates on tax clearance on NT regulations Update ofand payment on NT suppliers; registration including Central Supplier Database. A) B) C) D) E) F) G) A) B) C) How Issues were Responded To Issues were Responded How Account payment enquiries. enquiries. Account payment requirements. CSD registration Judicare quality monitoring ofJudicare at courtcase files as well observations. Suppliers Aid SA requested Legal SCM requirements for to clarify tenders and requested assistance with CSD registration. Suppliers requested to be informed about Legal timeously and December closure Aid SA’s cut-off submission of for dates purposes. payment accounts for A) Criteria for Judicare accreditation. Judicare A) Criteria for B) C) D) A) B) Report on Input Received All Legal Aid SA Local Offices held Judicare practitioner briefing Aid SA Local Offices held All Legal sessions to discuss all issues affecting practitioners. Judicare All Agency Agreements renewed and new proposed sites All Agency advertised. Boost capacity and resources to deliver quality legal services/ quality legal Boost capacity and resources to deliver ensure increased access to justice. Increase access to justice in rural based courts are that uneconomical to service Aid SA Local Office. from a Legal the appointment of for Implemented a webpage counsel in civil instructionmatters on a Judicare where Aid SA Local the Legal Office remains as the instructingattorneys. practitioners. Judicare for newsletter published Bi-annual Improved relations and supplier co-operation. relations Improved procurement Promote better understanding of Aid SA’s Legal policies and procedures. to SCM matters with regard and guidelines sent updates Regular out to suppliers SMS and e-mails. through newsletters, of briefings and publishing tender results on website. Tender Individual communications sent to Judicare practitioners sent to Judicare to Individual communications in policy. highlight changes Prospective suppliers advised to register on NT CSD. suppliers to register on NT CSD. advised Prospective Strategic Objectives A) B) Report on Performance A) B) C) D) E) Strategic Objectives A) B) Report on Performance A) B) C) Engagement
Judicare Judicare practitioners and Agency Agreements Other Suppliers 13. 14. Stakeholder Service Providers C. C. Group
88 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 Table 12: Engagement with Stakeholders (continued) An organisational Social Media Strategy was drafted in Social Media Strategy An organisational the 18/19 FY and will be aligned further to the SP 2020- position on and response to 2025 and the organisation’s on once engagements the Fourth Industrial Revolution, the SP 2020-2025 are finalised in new FY. ofRevision Complaints SOPs was the organisational undertaken social media. in order to include Strengthened focus on both social media and internalStrengthened focus increase in the frequency including communication, of information sharing on our social media platforms, and introduction of the brand uniformity document, i.e., roll out of corporate revised the naming conventions, colours in terms of signage and email office branding, signature. frozen Management and the Board ensured that attrition posts were managed through natural employee of Reduction or transfers. staff benefits had to be and to prevent implemented to balance the budget retrenchments. All issues referred to National Operations, HR and Legal All issues referred Operations, to National and resolutions. attention for Development An increased pool of to developed spokespersons to PR initiatives. attend Inputs, suggestions and recommendations received received and recommendations suggestions Inputs, as part of Leadership Business Priorities Conversation Programme. through received and recommendations Suggestions Survey. Internal and Brand Employee Communication Revamped Legal Aid SA website and its progressive and its progressive Aid SA website Legal Revamped with the organisation functionalities has now provided other digital engagement a benchmark to develop opportunities against. A) B) C) D) E) A) B) C) D) How Issues were Responded To Issues were Responded How A broadening of who our external as digital is necessary, public access becomes more available and affordable. Increased complaints and enquiries on general legal CA including aid applications recruitment process. as a spacemedia social in Growth of with external engagement has introduced a greater public ofawareness the opportunities of for the Fourth Industrial Revolution Aid SA. as Legal entities such The most significant revisions to most significant revisions The Plan 2015-2020: the Strategic to 2019-2020 related Review financial sustainability as a result of shortfall the budget and the impacts thereof. adverse raised concernsEmployees about impact of cuts on jobs budget and staff benefits and wanted impacts removed these negative and/or minimised. External Aid contact Legal public SA on social media more often serviceregarding complaints. A) B) C) D) A) B) Report on Input Received
Monthly staffMonthly quarterly meetings including forums. Introduction of braille printing of and other information brochures presentations. lobbied to 935 instances of proactively media coverage positive Aid SA brand. position the Legal Employees and recognised trade union consulted on budget cuts, cuts, and recognised trade union consulted on budget Employees Rightsizing. Scheme EVP reductions and Group Life Programmes Development and People Wellness Employee implemented during the year. Good News online newsletters four Issued weekly (47), including Alerts. The Social and Ethics Programme implemented. The Values-based Legal Aid SA Organisational Culture Programme Aid SA Organisational Legal Values-based diversity. implemented, including Increased awareness and usage ofIncreased awareness Aid SA services. Legal service key delivery government held at events 1,101 community points. More advertising campaigns which introduced new digital advertising platforms. Ongoing dialogue between Legal Aid SA employees and Aid SA employees Ongoing dialogue between Legal all levels. management at Consult with internal Aid SA to obtain input on Legal stakeholders 2019-2020. Plan 2015-2020: Review Strategic 2019-2020 considered by Plan 2015-2020: Review Strategic Executives. Plan as partManagement discussion on Strategic of Leadership Programme. Business Priorities Conversation Central email platform for external public actively monitored and externalCentral email platform actively for public responded to. timeously Internal Communication and Brand Employee Survey conducted. Internal and Brand Employee Communication Social media continued to see a growth in engagement with to see a growth in engagement Social media continued communicate primarily Clients and potential clients external public. and Twitter Facebook Aid SA via the organisation’s with Legal 1,599 by 7,042 followers; Twitter grew by Facebook accounts. 1,220 by 422 followers and LinkedIn followers; Instagram by in the FY. videos to our channel posted 9 YouTube We followers. Internal events on human rights and other special days (46) on human rights and other special days Internal events and mid-year annual including employees, implemented for ceremonies. Awards Achiever Revamped website launched in Q4 of the FY, making it easier and in Q4 of launched website Revamped the FY, website external need. This information they to locate faster for public different for cater languages accessibility tools that various includes people with specific visual and auditoryand for requirements. Strategic Objective A) Report on Performance A) B) C) D) E) F) G) Strategic Objectives A) B) Report on Performance A) B) C) D) E) F) G) H) I) J) Engagement
Clients and Potential Clients/Public (LSM 1-5) 16. 15. Employees Stakeholder External Public Internal Public E. D. D. Group
88 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 89 Table 12: Engagement with Stakeholders (continued) Participated in workshop with SALRC on developing Participated on developing in workshop with SALRC rules mediation. for Discussed a referral system and procedure with the CRL Commission and CGE. Shared reports pilot on the mediation and experiences project and use of interns pilot with the SALRC. team on theConducted a workshop with the SALRC footprint Aid SA, our national services Legal by provided the servicesand the programmes in place to deliver we render. No funding available so programmes are supportedNo funding available ofthrough the provision and promotional advice legal items. Discussed referral Protector and process with Public the Liaison to facilitate Relations a Public allocated receipt of internal to relevant distribution complaints, ofperson up on the finalisation and to follow complaints to ensure a response the complainant. A) B) C) D) E) services printed to display A) Posters throughout the year. A) How Issues were Responded To Issues were Responded How The CRL Commission required The information on how people access their aid in order to enforce legal rights. Gender Equality Commission for required information on an referraleffective a system at and Local Office level. Provincial The SALRC required information SALRC The pilot the mediation regarding Aid SA conducted project Legal as well the use of interns to services. legal deliver required information SALRC The on services of and operations Aid SA to better understandLegal how we can work together. during specific national Active Child Protection i.e., campaigns, Week. Funding/support of partnership level. community programmes at Public Protector requires Public information on the referral of follow complaints and liaison for ofup and finalisation complaints referred Aid SA. them to Legal by A) B) C) D) E) A) A) Report on Input Received
Improved linkages to increase awareness of linkages to increase awareness Improved aid services legal as well as referral of Aid SA. to Legal clients Participated in a discussion at SAHRC on the decriminalisation ofParticipated on the decriminalisation SAHRC in a discussion at petty offences. Co-branding initiatives/human rights awareness campaigns. rights awareness Co-branding initiatives/human mediation Aid SA participatedLegal in the process to develop Commission Reform rules the South African Law steered by (SALRC). Aid SA participated forumLegal of in a consultative the Commission of access to services Gender Equality on improving to the public. 579 meetings held with NGOs. To network with Commissions in safeguarding the rights of network with Commissions in safeguarding To persons. vulnerable referralEnsure effective systems of representation with legal clients Aid SA. needs to Legal Aid SA maintained partnershipsLegal with Commissions and other Chapter 9 institutions. with the Commission on Cultural, Religious Aid SA engaged Legal to providing and Linguistic Rights (CRL Commission) with regard to people referred representation them.legal by strengthen partnerships. To referral ensure effective systems ofTo with legal clients Aid SA. needs to Legal representation ofFinalisation Memorandum of Understanding with Childline South of on marketing focusing Africa and Soul City Institute, services. First time production of SA in braille for information brochures Council ofNational the Blind workshop. Stakeholders invited to be part invited Stakeholders of the local and provincial forums. stakeholder with Childline South Africa. Co-branding and marketing Public information sharing with relevant institutions through co- information sharing with relevant Public partnerships of on access to justice and awareness constitutional rights. Legal Aid SA engaged with the South African Human Rights Aid SA engaged Legal in which can they Protector on the ways Commission and the Public offices. their various at process complaints received Strategic Objectives A) B) C) Report on Performance A) B) C) D) E) F) G) Strategic Objectives A) B) Report on Performance A) B) C) Strategic Objective A) Report on Performance A) B) Engagement
Commissions and Chapter 9 Institutions Non-govern- mental Organisations and Lobby Groups Community- based organisations FBOs) (CBOs,
18. 19. 17. Stakeholder External Public Advocacy Advocacy Groups F. F. E. Group
90 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 Table 12: Engagement with Stakeholders (continued) Legal Aid SA and other legal aid entities on the Aid SA and other legal Legal an Africacontinent are working towards establishing Aid Forum. Legal Renewed partnershipsRenewed on new platforms and research with journalists. the relationship conducted to continue was drafted Social Media Strategy An organisational and implemented in the 18/19 FY. Complaints with regard to Candidate Attorney to Candidate Complaints with regard recruitment were referred Aid SA Provincial to Legal for furtherOffices and resolution. clarification Knowledge/information sharing with other legal aidKnowledge/information sharing with other legal bodies is based on the specific requirements of each visiting delegation. promotion ofThe Aid SA outside of Legal South Africa ongoing activity. remains a key A) B) A) A) B) C) How Issues were Responded To Issues were Responded How Legislation and Policy; Legislation There is a need to leverage is a need to leverage There opportunitiesthe multimedia offered social media and our by website. revamped Support systems/structures e.g., Information Systems and Human Resources. Governance Structures;Governance Unstable commentaryUnstable database resulting from journalists moving from one media house to another due to career changes. must social media strategy Any respond to the opportunities and the presented by challenges Fourth Industrial Revolution. Legal Aid SA is mostly the Aid SA is mostly Legal preferred that organisation students want to do their Articles of Clerkship with. students enquired about the The recruitment process to become Attorneys. Candidate Legal aid bodies seek to Legal and understand the development management of a sustainable aid system with particularlegal to: reference Delivery Systems including quality Delivery Systems including management; A) B) C) A) B) iii) iv) A) i) ii) Report on Input Received Ensure that students understand the organisation’s Employment Employment students understandEnsure that the organisation’s Proposition. Value 59 media networking sessions focusing on executive news editors on executive 59 media networking sessions focusing and producers. in major national 56 self-written media pieces issued and published and regional media platforms. Position Legal Aid SA as an employer of Aid SA as an employer Legal Position to potential choice Attorneys. Candidate learnersEducate schools/ about their rights and responsibilities at brand awareness. public Programmes were conducted at Outreach 18 University across the country. universities Attorney280 Candidate applicants were placed in 2018-2019. Foster relationships that will result in partnerships that relationships Foster to strengthen aid internationally. legal Legal from the Botswana Aid SA workshopped Legal a delegation collection. on information systems and data Aid agency was hosted and information was shared from Kenya A delegation systems. on paralegal Strategic Objectives share of Aid SA in the media. Legal A) Improved for voice thought leadership Aid SA. within Legal B) Position Report on Performance A) B) C) 940 broadcast interviews undertaken Aid SA officials. Legal by D) 102 media queries responded to timeously. to grow. continued and content generation E) Social media reach Strategic Objectives A) B) C) Report on Performance A) B) Strategic Objective A) Report on Performance A) B) Engagement
National Print, National Broadcast, Online, Community and Regional Media Tertiary Institutions and Schools African/ International Aid Legal Bodies 22. 21. 20. Stakeholder
Educational Institutions I. Media H. G. InternationalG. Bodies Legal Group
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1. OVERVIEW OF HR MATTERS AT THE However, the financially constrained budgetary environment PUBLIC ENTITY has resulted in a reduction in the value of the EVP on critical financial attributes such as professional services In the 2018-2019 financial year, Human Resources membership fees subsidisation, performance incentive Management’s performance remained stable in all areas bonuses and a rightsizing of the Group Life scheme of talent management, despite the function being affected amongst others. by the impact of financial constraints and budget cuts on the Employment Value Proposition (EVP) and employee Despite the above challenges, the EVP remained effective in engagement and cohesion. The Human Resources ensuring that Legal Aid South Africa was able to attract and Management function has strived to continuously add value retain talent during the reporting period. to the core business and to support the organisation in the achievement of its strategic goals. 2.2 LEADERSHIP DEVELOPMENT PROGRAMME
Satisfactory recruitment levels, low turnover and the During 2018-2019 the Legal Aid SA Leadership Programme exceeding of training and development targets were was supported by continued in-house education and training achieved in the face of budgetary uncertainty. in critical leadership competencies. A block-based Leadership and Management Development Programme was extended to 2. SET HR PRIORITIES FOR THE YEAR the Administrative and Civil Supervisory level. This programme UNDER REVIEW AND THE IMPACT OF was facilitated by a leading tertiary institution. THESE PRIORITIES Critical to employee engagement during periods of rapid The key priorities set for the Human Resources function, over change, such as the disruption of reductions to the total cost and above maintaining the standard talent management of employment, is ongoing leadership support to ensure that programmes, included maintaining a competitive EVP, leaders are able to engage with their teams whilst providing ongoing Leadership Development and high levels of direction. Leadership Business Priority Conversations employee engagement all within the context of budget continued to ensure universal critical awareness of strategic reductions to the cost of employment. issues facing the organisation including the financial constraints. These conversations have empowered leaders 2.1 MAINTAINING A COMPETITIVE EMPLOYMENT to contribute solutions to current business challenges. VALUE PROPOSITION During the reporting period, the 9 Box Talent Management The Legal Aid South Africa EVP articulates both the financial Tool in terms of which all leaders are mapped based on and non-financial value presented as a total rewards package their potential and performance was extended to the Middle in the Legal Aid SA employment offering. The EVP establishes Management and Supervisory levels. This tool has assisted us the expectation by the employer from the employee in terms to ensure a more intentional purpose-directed leadership and of commitment to the Constitution, the organisational culture, succession management approach in the year under review. the Legal Aid South Africa brand and approach to providing access to justice to the poor and vulnerable. The Legal Aid 2.3 MANAGING EMPLOYEE ENGAGEMENT SA EVP thus represents a partnership between the employee and employer, and shared, mutual responsibility for the A quarterly assessment of the climate within each business provision of a stimulating and meaningful work experience. unit and across all management forums was conducted. The findings were used to direct the HR Business Partners During the 2018-2019 financial year, the organisational to work with leaders and teams to address and improve EVP was reviewed in keeping with people management the engagement dimensions which needed attention. best practices. These interventions were found to be All employees remain committed to the values and competitive in that Legal Aid South Africa was accredited organisational culture of Legal Aid South Africa. Leaders as a Top Employer South Africa for the 10th consecutive are held accountable for levels of employee engagement year and Industry Leader in the Public Sector segment of within each business unit. However, the reductions made to the benchmark for the 4th successive year. This benchmark the EVP have had the result of a decline in the satisfaction provides assurance that Legal Aid SA’s talent management, levels, with the Team Climate result encroaching on the leadership, culture and development practices are in threshold for requiring improvement. keeping with international contemporary best practice.
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This climate is confirmed by the downward trend reported on In so far as civil legal aid is concerned, workforce planning the independent internal omnibus survey conducted biennially is undertaken on the basis of demand in a given Legal Aid to gauge employee satisfaction levels on a number of attributes. SA Local Office coverage area, together with the ability of the organisation’s capacity to efficiently serve this demand. The dissatisfaction has presented as internal grievances, dispute referrals to external forums as well as industrial The workforce planning approach of the support platform organisation as at 2018-2019. is one of continuous improvement and best practice alignment. The support services platform continuously 3. WORKFORCE PLANNING FRAMEWORK refines and develops support models in order to improve AND KEY STRATEGIES TO ATTRACT sustainability, efficiency and effectiveness of delivery. AND RECRUIT A SKILLED AND CAPABLE Business processes and organisational structures in WORKFORCE support departments were reviewed in response to the need to reduce the total cost of employment. The organisation bases its workforce planning framework on a practitioner per court model which is aimed at having The turnover rate of 5.8%, in relation to permanent positions, dedicated Legal Aid SA practitioners based at courts. recorded for the 2018-2019 financial year is well within acceptable norms. The Independent Omnibus Survey In the Magistrate’s Courts (District and Regional), the confirmed that 78% of staff intend remaining in employment practitioner per court model is able to serve the requirements for the next two years. of providing service at scale, meeting high volume needs. The advantage of the practitioner per court model is that the The key Legal Aid South Africa attraction and retention same practitioner is able to take on all cases required in a strategy is the offering of a viable Employment Value specific court on a specific day. Proposition which is appealing to our knowledge-based workforce both in terms of financial rewards, professional This provides certainty amongst court-based stakeholders fulfilment, work-life balance and social consciousness in as to who the Legal Aid South Africa service provider is and improving the lives of the poor and vulnerable by providing contributes positively to efficient case flow management. access to justice.
Legal Aid SA’s practitioner per court model has a target 4. EMPLOYEE PERFORMANCE of achieving ≥80% coverage of District Courts and ≥90% MANAGEMENT FRAMEWORK coverage of Regional Courts. In the 2018-2019 financial year we achieved our targets of 84% coverage of District The Legal Aid SA Performance Management Framework Courts and achieved 94% coverage of Regional Courts. has continued to deliver sustainable, holistic and integrated organisational performance. This is because the inclusive In the High Courts the central diary system provides the performance management policy applies to all permanent opportunity to match each case with the appropriate levels employees and because it contains elements of collective of practitioner skills and ability. performance and individual performance which must be delivered within budget and in compliance with Whilst the practitioner per court coverage explained above is organisational rules and policies. Stated differently, whilst the current targeted court coverage, the organisation strives each employee’s individual performance is critical, every to improve the court coverage with any improvements in this employee has to ensure a team approach to performance so regard being dependent on additional budget allocations that the organisation’s Business Plan is holistically delivered from the National Treasury. whilst complying with budgetary and policy frameworks.
The organisation remained reasonably well recruited The performance management framework also includes throughout the year under review with a recruitment rate of aspects aimed at stimulating innovation, exceptional 92.8% being recorded as at financial year end against the performance beyond agreed deliverables and paradigm targeted recruitment of 98%. changing organisational solutions.
The recruitment as at the end of the financial year was below target due to mitigation measures implemented at points in response to budgetary uncertainty and reductions in the total cost of employment.
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In addition, leadership development and performance In keeping with its commitment to continuous improvement forms part of the system for all managers. in people management practice, Legal Aid South Africa has continuously benchmarked its human resources policies Each leader’s performance assessment is weighted as and practices against the Top Employer standards. follows: Key Performance Indicators 60% A productive relationship was maintained with the Legal Aid Contribution to Strategic Outcomes 20% SA recognised trade union, the South African Parastatal and Management & Leadership Effectiveness 10% Tertiary Institutions Union (SAPTU), in the face of challenges Engagement with Culture & Values 10% and reductions to the EVP. The organisation has stood equal to the task of ongoing intentional engagement with Each non-management employee’s performance assessment employees on the financial constraints and EVP reductions is weighted as follows: and remains committed to re-energising the employment Key Performance Indicators 70% partnership. Contribution to Strategic Outcomes 20% Engagement with Culture & Values 10% In forecasting the year ahead, a key priority focus area for Legal Aid South Africa will be to implement a change and As such, the performance management framework transformation project to mitigate the disruption caused by contributes to the sustainable realisation of Legal Aid South budget cuts on employee satisfaction and engagement. Africa’s stated outcomes. This will be supported by a rejuvenation of the Employment During the reporting period, the financial quantum of the Value Proposition within the organisation’s affordability whilst performance bonuses payable was reduced by 50% globally applying innovation and contemporary practice. Efforts due to budget reductions; this having being reduced by will have to be made to grow and embed agility, flexibility 25% in 2017-2018 for the same reason. and resilience into the organisational culture. Additionally, the leadership will have to be supported through training 5. EMPLOYEE WELLNESS PROGRAMME and development to manage and lead the transformation agenda whilst maintaining a humanistic work environment. The Employee Wellness Programme took the form of health awareness programmes and an independent counselling CULTURE STATEMENT service. The creation of in-house clinical psychological services has continued to reap rewards in terms of assisting “Proudly Legal Aid SA... champion of legal rights, serving legal professionals to deal with vicarious trauma they are our clients with integrity and confidence. Your Voice. For often exposed to in the course of their criminal cases. Justice.” During the year under review, vicarious trauma counselling and awareness as well as supporting employees to maintain LEADERSHIP STATEMENT healthy lifestyles was the main focus of the programme. “Leading with integrity, inspiring excellence and promoting 6. POLICY DEVELOPMENTS: HIGHLIGHTS, values and rights enshrined in the Constitution.” CHALLENGES, FUTURE GOALS
Legal Aid SA has benchmarked its human resources practices against the Top Employers standard and is proud that it received Top Employers accreditation for the 10th consecutive year and the title of Public Sector Industry Leader for the 4th successive year during 2018-2019.
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7. HUMAN RESOURCES OVERSIGHT STATISTICS Table 13: Personnel Cost by Business Unit
Personnel Average Exp. as Personnel Total Expenditure Personnel a % of Cost per for the Entity Expenditure Total Exp. No. of Employee Directorate/Business Unit (R’000) (R’000) (R’000) Employees (R’000) Legal Aid SA National Office R340,133,854 R129,340,724 100.00 203 R5,988,555 Office of the CEO (includes COO R9,468,263 R8,255,861 6.38 6 R1,375,977 & BS) Communication R10,242,240 R6,145,680 4.75 10 R614,568 Finance (includes PPU & Creditors) R74,804,120 R30,896,034 23.89 58 R532,690 Human Resources R45,777,337 R11,247,819 8.70 18 R624,879 Internal Audit R20,522,501 R19,772,060 15.29 27 R732,299 Information Technology R61,736,009 R19,284,749 14.91 30 R642,825 Legal Development Services R28,549,099 R21,509,465 16.63 41 R524,621 National Operations R89,034,285 R12,229,056 9.45 13 R940,697 Eastern Cape Province R240,557,702 R219,477,256 100.00 455 R5,511,440 Legal Aid SA Aliwal North LO R10,421,170 R9,669,947 4.41 19 R508,945 Legal Aid SA Butterworth LO R11,971,004 R11,021,652 5.02 31 R355,537 Legal Aid SA East London LO R19,286,240 R17,896,759 8.15 41 R436,506 Legal Aid SA Eastern Cape R11,077,375 R7,637,915 3.48 9 R848,657 Provincial Office Legal Aid SA Graaff-Reinet LO R12,542,158 R11,704,505 5.33 23 R508,892 Legal Aid SA Grahamstown LO R20,954,367 R18,989,980 8.65 42 R452,142 Legal Aid SA King Williams Town LO R23,820,354 R21,607,031 9.84 45 R480,156 Legal Aid SA Mthatha LO R42,831,349 R38,076,759 17.35 88 R432,690 Legal Aid SA Port Elizabeth LO R53,489,882 R51,347,614 23.40 89 R576,939 Legal Aid SA Queenstown LO R21,352,650 R19,916,676 9.07 39 R510,684 Legal Aid SA Uitenhage LO R12,811,153 R11,608,418 5.29 29 R400,290 Free State/North West Province R205,396,960 R185,418,590 100.00 403 R6,144,400 Legal Aid SA Bethlehem LO R15,691,554 R14,492,052 7.82 34 R426,237 Legal Aid SA Bloemfontein LO R39,679,771 R36,212,473 19.53 69 R524,818 Legal Aid SA Botshabelo LO R12,058,990 R10,611,539 5.72 25 R424,462 Legal Aid SA Free State/North West R9,767,015 R6,934,772 3.74 9 R770,530 Provincial Office Legal Aid SA Klerksdorp LO R16,507,312 R15,652,272 8.44 30 R521,742 Legal Aid SA Kroonstad LO R10,273,590 R9,437,178 5.09 19 R496,694 Legal Aid SA Lichtenburg LO R10,051,068 R9,160,253 4.94 20 R458,013 Legal Aid SA Mafikeng LO R18,574,765 R16,034,168 8.65 36 R445,394 Legal Aid SA Phuthaditjhaba LO R12,531,157 R11,099,551 5.99 32 R346,861 Legal Aid SA Potchefstroom LO R16,285,513 R15,090,328 8.14 32 R471,573 Legal Aid SA Rustenburg LO R14,583,783 R13,505,354 7.28 29 R465,702 Legal Aid SA Vryburg LO R8,110,652 R6,991,931 3.77 18 R388,441 Legal Aid SA Welkom LO R21,281,790 R20,196,720 10.89 50 R403,934
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Table 13: Personnel Cost by Business Unit (continued)
Personnel Average Exp. as Personnel Total Expenditure Personnel a % of Cost per for the Entity Expenditure Total Exp. No. of Employee Directorate/Business Unit (R’000) (R’000) (R’000) Employees (R’000) Gauteng Province R300,022,258 R269,978,226 100.00 596 R5,608,787 Legal Aid SA Alexandra LO R16,429,176 R15,502,437 5.74 38 R407,959 Legal Aid SA Benoni LO R26,909,813 R25,693,435 9.52 67 R383,484 Legal Aid SA Ga-Rankuwa LO R19,865,127 R18,586,993 6.88 46 R404,065 Legal Aid SA Gauteng Provincial R12,827,356 R7,778,065 2.88 9 R864,229 Office Legal Aid SA Germiston LO R15,382,433 R13,990,056 5.18 42 R333,097 Legal Aid SA Johannesburg LO R57,507,118 R50,734,637 18.79 94 R539,730 Legal Aid SA Krugersdorp LO R23,232,095 R20,462,195 7.58 49 R417,596 Legal Aid SA Pretoria LO R47,089,009 R41,518,050 15.38 79 R525,545 Legal Aid SA Soshanguve LO R13,203,871 R12,520,065 4.64 28 R447,145 Legal Aid SA Soweto LO R28,480,165 R26,839,997 9.94 60 R447,333 Legal Aid SA Tembisa LO R13,392,966 R11,852,972 4.39 34 R348,617 Legal Aid SA Vereeniging LO R25,703,129 R24,499,321 9.07 50 R489,986 KwaZulu-Natal Province R245,200,877 R224,383,929 100.00 516 R5,029,349 Legal Aid SA Durban LO R46,282,970 R43,911,854 19.57 82 R535,510 Legal Aid SA Empangeni LO R24,095,889 R22,503,835 10.03 61 R368,915 Legal Aid SA KwaZulu-Natal R10,456,716 R7,733,119 3.45 9 R859,235 Provincial Office Legal Aid SA Ladysmith LO R11,908,752 R10,701,078 4.77 27 R396,336 Legal Aid SA Newcastle LO R13,259,776 R11,805,176 5.26 32 R368,912 Legal Aid SA Pietermaritzburg LO R39,179,038 R35,642,707 15.88 80 R445,534 Legal Aid SA Pinetown LO R16,357,376 R14,732,848 6.57 39 R377,765 Legal Aid SA Port Shepstone LO R22,639,450 R20,461,464 9.12 43 R475,848 Legal Aid SA Umlazi LO R19,786,577 R18,849,731 8.40 44 R428,403 Legal Aid SA Verulam LO R25,239,755 R24,255,947 10.81 64 R378,999 Legal Aid SA Vryheid LO R15,994,578 R13,786,170 6.14 35 R393,891 Limpopo/Mpumalanga Province R194,023,667 R174,609,092 100.00 390 R4,794,064 Legal Aid SA Ermelo LO R17,279,830 R15,483,711 8.87 32 R483,866 Legal Aid SA Limpopo/Mpumalanga R12,207,640 R7,435,625 4.26 9 R826,181 Provincial Office Legal Aid SA Makhado LO R14,000,045 R12,307,283 7.05 29 R424,389 Legal Aid SA Middelburg LO R17,536,310 R16,337,399 9.36 42 R388,986 Legal Aid SA Modimolle LO R10,203,095 R9,007,137 5.16 21 R428,911 Legal Aid SA Nelspruit LO R33,459,083 R29,969,940 17.16 69 R434,347 Legal Aid SA Polokwane LO R33,833,460 R32,383,632 18.55 71 R456,107 Legal Aid SA Thohoyandou LO R15,522,479 R14,772,792 8.46 29 R509,407 Legal Aid SA Tzaneen LO R19,497,406 R18,151,693 10.40 41 R442,724 Legal Aid SA Witbank LO R20,484,319 R18,759,880 10.74 47 R399,146
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Table 13: Personnel Cost by Business Unit (continued)
Personnel Average Exp. as Personnel Total Expenditure Personnel a % of Cost per for the Entity Expenditure Total Exp. No. of Employee Directorate/Business Unit (R’000) (R’000) (R’000) Employees (R’000) Northern Cape/ R283,891,953 R258,985,242 100.00 555 R6,362,874 Western Cape Province Legal Aid SA Athlone LO R39,839,254 R38,771,520 14.97 90 R430,795 Legal Aid SA Bellville LO R23,549,435 R22,439,812 8.66 60 R373,997 Legal Aid SA Caledon LO R12,853,369 R11,669,860 4.51 23 R507,385 Legal Aid SA Cape Town LO R40,171,424 R36,934,776 14.26 64 R577,106 Legal Aid SA Colesberg LO R11,409,778 R10,391,538 4.01 20 R519,577 Legal Aid SA George LO R31,427,206 R29,900,910 11.55 54 R553,721 Legal Aid SA Kimberley LO R29,650,305 R26,538,091 10.25 54 R491,446 Legal Aid SA Malmesbury LO R11,605,207 R10,889,644 4.20 26 R418,832 Legal Aid SA Northern Cape/ R12,399,085 R6,992,197 2.70 9 R776,911 Western Cape Provincial Office Legal Aid SA Stellenbosch LO R26,577,806 R24,364,513 9.41 63 R386,738 Legal Aid SA Upington LO R17,775,000 R15,606,035 6.03 39 R400,155 Legal Aid SA Vredendal LO R12,298,788 R10,930,998 4.22 27 R404,852 Legal Aid SA Worcester LO R14,335,296 R13,555,347 5.23 26 R521,359 R1,809,227,271 R1,462,193,059 3,118 R468,952
Table 14: Personnel Cost by Salary Band Average Personnel % of Personnel Personnel Cost Expenditure Exp. to Total No. of per Employee Level (R’000) Personnel Cost Employees (R’000) Top Management R27,035,019 1.85% 16 R1,689,689 Senior Management R125,349,015 8.57% 103 R1,216,981 Professional Qualified R956,312,797 65.40% 1,433 R667,350 Skilled R258,996,450 17.71% 1,120 R231,247 Semi-skilled R94,499,776 6.46% 446 R211,883 Total R1,462,193,059 100.00% 3,118 R468,952
Table 15: Performance Rewards % of Performance Personnel Expenditure Rewards to Total Salary Band Performance Rewards (R’000) Personnel Cost (R’000) Top Management R2,090,779 R27,035,019 0.14% Senior Management R5,743,067 R125,349,015 0.39% Professional Qualified R31,466,436 R956,312,797 2.15% Skilled R2,811,363 R258,996,451 0.19% Semi-skilled R2,626,492 R94,499,776 0.18% Total R44,738,137 R1,462,193,059 3.06%
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Table 16: Training Costs Training Expenditure Personnel Training as a % of No. of Average Expenditure Expenditure Personnel Employees Training Cost Directorate/Business Unit (R’000) (R’000) Cost Trained per Employee* Legal Aid SA National Office R129,340,724 R2,024,787 1.57% 617 Office of the CEO (includes COO & BS) R8,255,861 R4,416 0.05% 2 R2,208 Internal Audit R19,772,060 R22,153 0.11% 23 R963 Human Resources R11,247,819 R991,752 8.82% 181 R5,479 Communication R6,145,680 R0 0.00% 8 R0 Finance (includes PPU & Creditors) R30,896,034 R5,250 0.02% 52 R101 Information Technology R19,284,749 R232,989 1.21% 212 R1,099 National Operations R12,229,056 R40,102 0.33% 14 R2,864 Legal Development Services R21,509,465 R728,125 3.39% 125 R5,825 Eastern Cape Province R219,477,256 R345,764 0.16% 367 Legal Aid SA Aliwal North LO R9,669,947 R41,528 0.43% 14 R2,966 Legal Aid SA Butterworth LO R11,021,652 R14,511 0.13% 14 R1,037 Legal Aid SA East London LO R17,896,759 R37,049 0.21% 25 R1,482 Legal Aid SA Eastern Cape Provincial Office R7,637,915 R141,429 1.85% 88 R1,607 Legal Aid SA Graaff-Reinet LO R11,704,505 R2,136 0.02% 18 R119 Legal Aid SA Grahamstown LO R18,989,980 R23,488 0.12% 25 R940 Legal Aid SA King Williams Town LO R21,607,031 R25,699 0.12% 30 R857 Legal Aid SA Mthatha LO R38,076,759 R28,257 0.07% 58 R487 Legal Aid SA Port Elizabeth LO R51,347,614 R11,827 0.02% 58 R204 Legal Aid SA Queenstown LO R19,916,676 R17,341 0.09% 20 R867 Legal Aid SA Uitenhage LO R11,608,418 R2,499 0.02% 17 R147 Free State/North West Province R185,418,590 R193,183 0.10% 290 Legal Aid SA Bethlehem LO R14,492,052 R5,360 0.04% 19 R282 Legal Aid SA Bloemfontein LO R36,212,473 R0 0.00% 41 R0 Legal Aid SA Botshabelo LO R10,611,539 R0 0.00% 17 R0 Legal Aid SA Free State/ R6,934,772 R158,261 2.28% 80 R1,978 North West Provincial Office Legal Aid SA Klerksdorp LO R15,652,272 R6,075 0.04% 16 R380 Legal Aid SA Kroonstad LO R9,437,178 R1,766 0.02% 9 R196 Legal Aid SA Lichtenburg LO R9,160,253 R1,725 0.02% 12 R144 Legal Aid SA Mafikeng LO R16,034,168 R4,910 0.03% 15 R327 Legal Aid SA Phuthaditjhaba LO R11,099,551 R2,817 0.03% 14 R201 Legal Aid SA Potchefstroom LO R15,090,328 R594 0.00% 17 R35 Legal Aid SA Rustenburg LO R13,505,354 R0 0.00% 17 R0 Legal Aid SA Vryburg LO R6,991,931 R3,900 0.06% 10 R390 Legal Aid SA Welkom LO R20,196,720 R7,775 0.04% 23 R338
* Training costs allocated to organising cost centre/Provincial Office
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Table 16: Training Costs (continued) Training Expenditure Personnel Training as a % of No. of Average Expenditure Expenditure Personnel Employees Training Cost Directorate/Business Unit (R’000) (R’000) Cost Trained per Employee* Gauteng Province R269,978,226 R179,807 0.07% 444 Legal Aid SA Alexandra LO R15,502,437 R0 0.00% 19 R0 Legal Aid SA Benoni LO R25,693,435 R0 0.00% 28 R0 Legal Aid SA Ga-Rankuwa LO R18,586,993 R0 0.78% 7 R0 Legal Aid SA Gauteng Provincial Office R7,778,065 R144,533 0.00% 96 R1,506 Legal Aid SA Germiston LO R13,990,056 R0 0.00% 20 R0 Legal Aid SA Johannesburg LO R50,734,637 R14,840 0.03% 62 R239 Legal Aid SA Krugersdorp LO R41,518,050 R3,290 0.01% 24 R137 Legal Aid SA Pretoria LO R20,462,195 R7,350 0.04% 57 R129 Legal Aid SA Soshanguve LO R11,852,972 R600 0.01% 22 R27 Legal Aid SA Soweto LO R12,520,065 R3,520 0.03% 47 R75 Legal Aid SA Tembisa LO R24,499,321 R3,520 0.01% 24 R147 Legal Aid SA Vereeniging LO R26,839,997 R2,154 0.01% 38 R57 KwaZulu-Natal Province R224,383,929 R274,413 0.12% 372 Legal Aid SA Durban LO R43,911,854 R10,350 0.02% 45 R230 Legal Aid SA Empangeni LO R22,503,835 R12,535 0.06% 31 R404 Legal Aid SA KwaZulu-Natal Provincial Office R7,733,119 R207,701 2.69% 85 R2,444 Legal Aid SA Ladysmith LO R10,701,078 R0 0.00% 16 R0 Legal Aid SA Newcastle LO R11,805,176 R1,298 0.01% 18 R72 Legal Aid SA Pietermaritzburg LO R35,642,707 R8,107 0.02% 44 R184 Legal Aid SA Pinetown LO R14,732,848 R0 0.00% 16 R0 Legal Aid SA Port Shepstone LO R20,461,464 R11,479 0.06% 29 R396 Legal Aid SA Umlazi LO R18,849,731 R537 0.00% 21 R26 Legal Aid SA Verulam LO R24,255,947 R809 0.00% 43 R19 Legal Aid SA Vryheid LO R13,786,170 R21,597 0.16% 24 R900 Limpopo/Mpumalanga Province R174,609,092 R300,796 0.17% 308 Legal Aid SA Ermelo LO R15,483,711 R0 0.00% 26 R0 Legal Aid SA Limpopo/Mpumalanga R7,435,625 R296,476 3.99% 73 R4,061 Provincial Office Legal Aid SA Makhado LO R12,307,283 R0 0.00% 15 R0 Legal Aid SA Middelburg LO R16,337,399 R4,320 0.03% 26 R166 Legal Aid SA Modimolle LO R9,007,137 R0 0.00% 14 R0 Legal Aid SA Nelspruit LO R29,969,940 R0 0.00% 40 R0 Legal Aid SA Polokwane LO R32,383,632 R0 0.00% 45 R0 Legal Aid SA Thohoyandou LO R14,772,792 R0 0.00% 18 R0 Legal Aid SA Tzaneen LO R18,151,693 R0 0.00% 23 R0 Legal Aid SA Witbank LO R18,759,880 R0 0.00% 28 R0
* Training costs allocated to organising cost centre/Provincial Office
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Table 16: Training Costs (continued) Training Expenditure Personnel Training as a % of No. of Average Expenditure Expenditure Personnel Employees Training Cost Directorate/Business Unit (R’000) (R’000) Cost Trained per Employee* Northern Cape/Western Cape Province R258,985,242 R106,168 0.04% 419 Legal Aid SA Athlone LO R38,771,520 R0 0.00% 48 R0 Legal Aid SA Bellville LO R22,439,812 R0 0.00% 27 R0 Legal Aid SA Caledon LO R11,669,860 R0 0.00% 17 R0 Legal Aid SA Cape Town LO R36,934,776 R500 0.00% 38 R13 Legal Aid SA Colesberg LO R10,391,538 R0 0.00% 17 R0 Legal Aid SA George LO R29,900,910 R800 0.00% 37 R22 Legal Aid SA Kimberley LO R26,538,091 R0 0.00% 31 R0 Legal Aid SA Malmesbury LO R10,889,644 R800 0.01% 18 R44 Legal Aid SA Northern Cape/ R6,992,197 R104,068 1.49% 90 R1,156 Western Cape Provincial Office Legal Aid SA Stellenbosch LO R24,364,513 R0 0.00% 27 R0 Legal Aid SA Upington LO R15,606,035 R0 0.00% 28 R0 Legal Aid SA Vredendal LO R10,930,998 R0 0.00% 19 R0 Legal Aid SA Worcester LO R13,555,347 R0 0.00% 22 R0 R1,462,193,059 R3,424,918 2.23% 2,445 R1,401 Note: Excluding Board members * Training costs allocated to organising cost centre/Provincial Office
Table 17: Employment and Vacancies per Province
Number of *Number of Posts Number of Number of Permanent Vacancy Filled Additional to Province Posts Posts Filled Posts Filled Rate % Establishment Legal Aid SA National Office 200 191 188 6.00% 3 Northern Cape/Western Cape Province 492 468 443 9.96% 25 KwaZulu-Natal Province 431 427 400 7.19% 27 Eastern Cape Province 413 408 385 6.78% 23 Gauteng Province 511 499 475 7.05% 24 Free State/North West Province 358 352 338 5.59% 14 Limpopo/Mpumalanga Province 351 343 328 6.55% 15 Total 2,756 2,688 2,557 7.22% 131
* Includes Candidate Attorneys and Temps
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Table 18: Employment Changes Employment at Beginning Employment at Salary Band of Period Appointments Terminations End of Period Top Management 16 0 2 16 Senior Management 97 0 6 97 Professional Qualified 1,413 44 92 1,376 Skilled 760 269 286 726 Semi-skilled 341 13 10 342 Total 2,627 326 396 2,557
* Please note that there will be differences in the various levels between opening and closing – this is due to persons moving through the levels internally. The most important figure is the total, which does balance with zero discrepency.
Table 19: Employment and Vacancies per Critical Occupation
Number Number of Vacancy Succession Planning Candidates Critical Occupation of Posts Posts Filled Rate in Development Programmes Legal 1 1 0% 16 Finance 1 1 0% 2 Human Resources 1 1 0% 3 Internal Audit 1 1 0% 2 Legal Development 1 1 0% 2 Information Services 1 1 0% 2 Communication 1 1 0% 2 National Operations 7 7 0% 3 Chief Operations 1 1 0% 2 Chief Executive 1 1 0% 3 Total 16 16 0% 37
* National Operations include Provincial Executives
Table 20: Reasons for Staff Leaving Termination Type Number % of Total Terminations Abscondment 0 0.00% Death 7 1.77% Dismissal 0 0.00% Dismissal incapacity 0 0.00% Resignation 117 29.55% End of contract* 255 64.39% Retirement 16 4.04% Medical boarding 1 0.25% Dismissal due to operational changes 0 0.00% Total 396 100.00% * Legal Aid SA employs ±600 Candidate Attorneys each year. These appointments are made on a fixed term contract basis. These contracts expire after 24 months.
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Table 21: Labour Relations: Misconduct and Disciplinary Action Nature of Disciplinary Action Number Verbal Warning 10 Written Warning 26 Final Written Warning 5 Dismissal 0 Other 9 Total 50
Table 22: Equity Target and Employment Equity Status Levels Male African Coloured Indian White Current Target Current Target Current Target Current Target Top Management 7 7 0 1 1 0 1 1 Senior Management 40 41 5 6 5 2 8 5 Professional Qualified 519 563 49 80 35 27 116 74 Skilled 101 100 9 14 2 5 0 13 Semi-skilled 63 138 4 20 2 7 1 8 Total 730 849 67 121 45 41 126 101 * Excluding Candidate Attorneys/Temps
Levels Female African Coloured Indian White Current Target Current Target Current Target Current Target Top Management 3 6 2 1 1 0 1 1 Senior Management 21 34 3 5 4 1 12 3 Professional Qualified 368 469 116 67 47 13 91 47 Skilled 106 84 16 12 1 2 4 8 Semi-skilled 188 115 40 16 9 3 22 12 Total 686 708 177 101 62 19 130 71 * Excluding Candidate Attorneys/Temps
Levels Disabled Staff Male Female Current Target Current Target Top Management 0 0 0 0 Senior Management 1 1 1 1 Professional Qualified 24 14 7 12 Skilled 1 2 1 3 Semi-skilled 2 1 3 5 Total 28 19 12 21 * A 2% target has been set for disabled persons * Excluding Candidate Attorneys/Temps The organisation is challenged in meeting its targets for African Females at the Top, Senior and Middle Management levels. This is being addressed through the 2015-2020 Employment Equity Plan.
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104 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 FINANCIAL INFORMATION
1. STATEMENT OF RESPONSIBILITY Increasing employee costs also bring financial challenges due to the cost of living increases that are higher than Refer to page 25 for the Statement of Responsibility. the National Treasury macro of 5%. The higher cost of living increases was funded from the baseline allocation 2. REPORT OF THE CHIEF EXECUTIVE by implementing further cost containment measures and OFFICER reducing the organisational staff establishment to the available salaries budget. Intermittent vehicle fuel prices GENERAL FINANCIAL REVIEW continue to be a challenge as they continue to increase above the inflation rates. This has been a challenging year for Legal Aid South Africa as it had to absorb the budget cut of R92,8 million. Despite Although this prudent budgeting has worked in the past this, the organisation continued to mature its financial financial years, it is not sustainable in the long-term. management processes, internal controls and financial risk management controls. The organisation reviewed its policies ROLLOVER OF FUNDS FROM 2018-2019 FINANCIAL and procedures to be in line with best practices in the YEAR industry. The Internal Control Framework was also reviewed and approved by the Board in 2018 and updated, taking During the 2018-2019 financial year, Legal Aid SA embarked into account additional mitigating controls implemented on numerous projects, most notably the development of the by the organisation throughout the financial year under new system (eLAA 2016) to enhance its IT infrastructure review. Legal Aid SA achieved its targets within the budget to align to its business operational requirements and the constraints it operates under due to prudent and effective procurement of buildings. cost management measures. The organisation’s main source of revenue is the government grant which amounted This project commenced in the 2016-2017 financial year, to R1,800 billion in the 2018-2019 financial year which is however it could not be finalised in the same financial 0.56% higher than the 2017-2018 allocation. The increase year due to the complexity and the size of the project. was insignificant due to the R92,8 budget cut on the 2018- As expected, development projects of this nature take 2019 baseline allocation. multiple financial years to be finalised. The eLAA project was completed and is currently running in parallel with the EXPENDITURE: TRENDS AND CHALLENGES Ad Infinitum system that it will replace in order to test data integrity issues, while Release 2 is to be launched before the The organisation completed the financial year on a positive end of the 2019-2020 financial year. note by implementing the 2018-2019 approved budget and spending and committing 98% of its budget. Although the The Board has been requested to approve the request to roll spend was on target, it was slightly lower than in previous over funds set aside for the finalisation of this system to the years. The spending was more conservative as a result of new financial year and the refurbishments of the purchased the budget cut and reduced spending in order to avoid and leased buildings which were not suitable for use in the overspending the budget. This was consistent with the state they were purchased in. organisational spending trends of spending and committing more than 98% of the budget. Other projects such as Impact Litigation matters run over a lengthy period of time, which then extend into the new Legal Aid South Africa continues to face challenges with financial year. regard to office accommodation as the organisation operates mostly from rented premises. The escalation rates Legal Aid South Africa participates in the National Treasury and/or renewal of these leases are usually higher than the motor vehicle transversal contract RT 57 2018. Orders for macro of 5-6% provided by National Treasury. motor vehicles were placed with the suppliers timeously; however, the supplier could not deliver the total orders placed The organisation also faced challenges with the renting of by the end of the financial year and the balance of the office accommodation in that in some areas where there vehicles ordered were delivered subsequent to year end. is no alternative office accommodation, the landlords are not compliant with the National Treasury supply chain management requirements, and any continued payment to them results in irregular expenditure.
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Since most of these projects were completed in the current A total of 99.3% of trade creditors were paid within 30 days financial year, the organisation submitted a report on while 97.7% of Judicare creditors were paid within 30 days. commitments to the Board for approval to roll over these Further systems enhancements have been put in place to committed funds to the current financial year 2019-2020 as improve the payment turnaround rate of our creditors. they could not be absorbed in the current budget. ASSET MANAGEMENT SUPPLY CHAIN MANAGEMENT (SCM) In terms of sub-section 51(1)(c) of the Public Finance Legal Aid SA submitted its Procurement Plan to National Management Act as amended, the Accounting Authority of Treasury by 31 March 2018 as required in terms of the National a public entity is responsible for the management, including Treasury Instruction Note. Where the need arose, the revised the safeguarding, of the assets and for the management of Procurement Plan was submitted to NT on a quarterly basis. the revenue, expenditure and liabilities of the public entity. Legal Aid South Africa also reviewed its SCM policies and procedures to align them to the applicable legislation, National In addition to the normal day-to-day administration and Treasury Regulations, Practice Notes and best practices. management of Legal Aid South Africa’s asset register, The organisation had in place effectively functioning Bid the organisation carried out several activities including Specification, Bid Evaluation and Bid Adjudication Committees. the quarterly asset verification. The various Local Offices Compliance with SCM policies and procedures was managed and National Office departments assist in the day-to-day by Executive Management, Legal Aid SA Provincial Office and administration and monitoring of Legal Aid SA assets. To Local Office Management and was monitored and audited by assist with the monitoring of assets, 19 asset verification the Internal Audit Department. processes were concluded by offices in the organisation as a control measure on a quarterly basis. The overall The organisation was able to implement its approved verification process for 2018-2019 was finalised successfully Procurement Plan within the allocated budget. for all quarters and variances resolved. The fixed assets register and general ledger reconciliations for 2018-2019 Legal Aid SA continued to face a challenge of incurring continued to be performed on a monthly basis without any irregular expenditure as a result of non-tax/CSD compliant long outstanding reconciling items. office accommodation service providers, and failure to renew contracts before they expired. In most rural areas, Legal Aid South Africa capitalised software licenses in the possible suppliers do not comply with Supply Chain its financial statements for 2018-2019 in line with the Management Policy requirements in that they do not always National Treasury guidelines. This resulted in an increase have valid tax clearance certificates in place, and are not in intangible assets for the current financial year as well as registered on the National Treasury CSD and as a result, the the depreciation charge. The increase in intangible assets organisation cannot lease office space from them. is also attributable to the new in-house developed system (eLAA 2016) for the finalised stages. In some of the instances where Legal Aid South Africa does not have alternatives for office accommodation, the The organisation also implemented the revised Fixed Assets organisation had to continue to rent offices from these Policy which provides for, amongst other things, the donation suppliers/landlords to ensure that services are not interrupted of computer hardware to non-governmental and non-profit and this has resulted in the organisation incurring irregular organisations which provide legal advice services. Fifty expenditure. In order to curb this irregular expenditure, the percent of the replaced computer hardware equipment was Board approved the acquisition of immovable property in donated to these organisations. A total of 100 computers areas where we are facing challenges. Legal Aid SA went were donated to various non-profit organisations during the out on tender to acquire office accommodation. During 2018-2019 financial year. the financial year under review, the organisation acquired immovable property for the Legal Aid SA Port Elizabeth During the 2018-2019 financial year, Legal Aid SA had Local Office. functional Local Office, Provincial and National Office disposal committees. These committees approved assets for disposal in terms of the approved Fixed Assets Policy.
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AUDIT 2018-2019 OUTLOOK/PLAN FOR THE FUTURE TO ADDRESS FINANCIAL CHALLENGES The organisation produced its financial statements for 2018-2019 financial year and submitted them to the Auditor- Over the MTEF period, National Treasury has not allocated General and National Treasury timeously. Legal Aid South new funding to Legal Aid South Africa. The organisation’s Africa received its 18th unqualified audit opinion in 2018- grant allocation was cut by 5% over the MTEF period 2019- 2019 with no matters emphasised by the Auditor-General. 2020 – 2021-2022, with R92,8 million in the immediate financial year, 2018-2019. With the organisation having Interim financial statements were issued for various quarters of implemented operational efficiency measures and with no the 2018-2019 financial year that fairly presented the financial other budget line items to cut, the only other place to reduce performance, financial position, changes in net assets and the expenditure was to review the organisational structure. cash flows of the organisation at the end of each quarter. The organisation completed and submitted its Budget The Auditor-General South Africa conducted the 2018-2019 for 2019-2020 to the Executive Authority. The 2019-2020 Interim Audit. There were no material findings identified by Budget has a budget shortfall of R95,6 million which was the auditors. There were no significant findings in the final funded through reprioritisation of the existing resources. audit, and it was a clean audit. The budget shortfall is beginning to impact negatively on service delivery. ECONOMIC VIABILITY EVENTS AFTER REPORTING DATE The organisation understands the budget constraints the country is facing. The shedding of jobs will increase the Legal Aid SA was able to produce its financial statements impact on demand for legal services with the consequent for the 2018-2019 financial year and submit them to the impact on the fiscus which is the main source of funding for Auditor-General and National Treasury timeously. the organisation. There were no material events which occurred between the Legal Aid SA will continue to implement prudent and cost reporting date and the date of this report. effective measures in striving to achieve its strategies and deliver legal services as well as address the challenge of increasing demands for legal aid services in the context of limited funding. Ms V Vedalankar Chief Executive Officer 27 July 2019
In the aftermath of the #Feesmustfall protests, the Legal Aid SA Athlone Local Office represented a young woman who is a student of the University of Cape Town, and who was charged with contravention of a High Court order. It was alleged that she had incited protests at the University of Cape Town and caused damage to property belonging to the university, in contravention of an interdict that the university had obtained to interdict the commission of such acts by protesting students. After extensive negotiation with the Director of Public Prosecutions, the legal practitioner managed to get a settlement which resulted in the client being diverted away from the criminal justice system, with no criminal record. The now famous #Feesmustfall protests marked the largest student uprisings since the events of June 1976. They led to important changes in policy by the government, which will eventually pave the way to free tertiary education, at least for needy students.
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3. REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT ON LEGAL AID SOUTH AFRICA
Report on the audit of the financial statements Responsibilities of accounting authority for the financial statements Opinion 6. The board of directors, which constitutes the accounting 1. I have audited the financial statements of Legal authority is responsible for the preparation and fair Aid South Africa set out on pages 112 to 152, which presentation of the financial statements in accordance comprise the statement of financial position as at 31 with the SA Standards of GRAP and the requirements March 2019, the statement of financial performance, of the PFMA, and for such internal control as the statement of changes in net assets, cash flow statement accounting authority determines is necessary to enable and the statement of comparison of budget information the preparation of financial statements that are free from with actual information for the year then ended, as well material misstatement, whether due to fraud or error. as the notes to the financial statements, including a summary of significant accounting policies. 7. In preparing the financial statements, the accounting authority is responsible for assessing Legal Aid South 2. In my opinion, the financial statements present fairly, Africa’s ability to continue as a going concern, disclosing, in all material respects, the financial position of Legal as applicable, matters relating to going concern and Aid South Africa as at 31 March 2019, and its financial using the going concern basis of accounting unless performance and cash flows for the year then ended in the appropriate governance structure either intends to accordance with the Generally Recognised Accounting liquidate the public entity or to cease operations, or has Practice (SA Standards of GRAP) and the requirements no realistic alternative but to do so. of the Public Finance Management Act of South Africa, 1999 (Act No.1 of 1999) (PFMA). Auditor-general’s responsibilities for the audit of the financial statements Basis for opinion 8. My objectives are to obtain reasonable assurance 3. I conducted my audit in accordance with the International about whether the financial statements as a whole Standards on Auditing (ISAs). My responsibilities under are free from material misstatement, whether due those standards are further described in the auditor- to fraud or error, and to issue an auditor’s report that general’s responsibilities for the audit of the financial includes my opinion. Reasonable assurance is a statements section of this auditor’s report. high level of assurance, but is not a guarantee that an audit conducted in accordance with the ISAs will 4. I am independent of the public entity in accordance always detect a material misstatement when it exists. with sections 290 and 291 of the International Ethics Misstatements can arise from fraud or error and are Standards Board for Accountants’ Code of ethics considered material if, individually or in aggregate, for professional accountants (IESBA code), parts 1 they could reasonably be expected to influence the and 3 of the International Ethics Standards Board economic decisions of users taken on the basis of for Accountants’ International Code of Ethics for these financial statements. Professional Accountants (including International Independence Standards) and the ethical requirements 9. A further description of my responsibilities for the audit that are relevant to my audit in South Africa. I have of the financial statements is included in the annexure fulfilled my other ethical responsibilities in accordance to this auditor’s report. with these requirements and the IESBA codes.
5. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my opinion.
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Report on the audit of the annual performance report 13. I performed procedures to determine whether the reported performance information was properly Introduction and scope presented and whether performance was consistent with the approved performance planning documents. 10. In accordance with the Public Audit Act of South Africa, I performed further procedures to determine whether 2004 (Act No. 25 of 2004) (PAA) and the general the indicators and related targets were measurable and notice issued in terms thereof, I have a responsibility to relevant, and assessed the reliability of the reported report material findings on the reported performance performance information to determine whether it was information against predetermined objectives for valid, accurate and complete. selected objectives presented in the annual performance report. I performed procedures to identify findings but 14. I did not raise any material findings on the usefulness not to gather evidence to express assurance. and reliability of the reported performance information for these objectives: 11. My procedures address the reported performance information, which must be based on the approved • Objective 1 – Empowered clients and communities performance planning documents of the public making informed choices about their legal rights and entity. I have not evaluated the completeness and responsibilities. appropriateness of the performance indicators/ • Objective 2 – All poor and vulnerable persons able to measures included in the planning documents. My access quality legal services to protect and defend procedures also did not extend to any disclosures or their rights. assertions relating to planned performance strategies • Objective 3 – An accessible, fair, efficient, independent and information in respect of future periods that may and effective justice system serving all in South Africa, be included as part of the reported performance contributing to building safer communities. information. Accordingly, my findings do not extend to these matters. Other matter
12. I evaluated the usefulness and reliability of the reported 15. I draw attention to the matter below. performance information in accordance with the criteria developed from the performance management and Achievement of planned targets reporting framework, as defined in the general notice, for the following selected objectives presented in the 16. Refer to the annual performance report on pages 45 annual performance report of the public entity for the to 52 for information on the achievement of planned year ended 31 March 2019: targets for the year and explanations provided for the under and overachievement of a number of targets. Objectives Pages in the annual Report on the audit of compliance with legislation performance report Introduction and scope Objective 1 – Empowered clients and 45 communities making informed choices 17. In accordance with the PAA and the general notice about their legal rights and responsibilities issued in terms thereof, I have a responsibility to report material findings on the compliance of the public entity Objective 2 – All poor and vulnerable 46-47 persons able to access quality legal with specific matters in key legislation. I performed services to protect and defend their rights procedures to identify findings but not to gather evidence to express assurance. Objective 3 – An accessible, fair, efficient, 47 independent and effective justice system 18. I did not raise material findings on compliance with the serving all in South Africa, contributing to specific matters in key legislation set out in the general building safer communities notice issued in terms of the PAA.
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Other information 21. In connection with my audit, my responsibility is to read the other information and, in doing so, consider whether 19. The accounting authority is responsible for the other the other information is materially inconsistent with information. The other information comprises the the financial statements and the selected objectives information included in the annual report. The other presented in the annual performance report, or my information does not include the financial statements, knowledge obtained in the audit, or otherwise appears the auditor’s report and those selected objectives to be materially misstated. I have no findings to report in presented in the annual performance report that have this regard. been specifically reported in this auditor’s report. Internal control deficiencies 20. My opinion on the financial statements and findings on the reported performance information and compliance 22. I considered internal control relevant to my audit of the with legislation do not cover the other information financial statements, reported performance information and I do not express an audit opinion or any form of and compliance with applicable legislation; however, assurance conclusion thereon. my objective was not to express any form of assurance on it. I did not identify any significant deficiencies in internal control.
Pretoria 31 July 2019
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Annexure – Auditor-general’s responsibility • evaluate the overall presentation, structure and content for the audit of the financial statements, including the disclosures, and whether the financial statements represent the 1. As part of an audit in accordance with the ISAs, underlying transactions and events in a manner that I exercise professional judgment and maintain achieves fair presentation professional scepticism throughout my audit of the financial statements, and the procedures performed Communication with those charged with governance on reported performance information for selected objectives and on the public entity’s compliance with 3. I communicate with the accounting authority regarding, respect to the selected subject matters. among other matters, the planned scope and timing of the audit and significant audit findings, including any Financial statements significant deficiencies in internal control that I identify during my audit. 2. In addition to my responsibility for the audit of the financial statements as described in this auditor’s 4. I also confirm to the accounting authority that I have report, I also: complied with relevant ethical requirements regarding • identify and assess the risks of material misstatement independence, and communicate all relationships and of the financial statements whether due to fraud or error, other matters that may reasonably be thought to have a design and perform audit procedures responsive to bearing on my independence and, where applicable, those risks, and obtain audit evidence that is sufficient related safeguards. and appropriate to provide a basis for my opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control • obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the public entity’s internal control • evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the board of directors, which constitutes the accounting authority • conclude on the appropriateness of the board of directors, which constitutes the accounting authority’s use of the going concern basis of accounting in the preparation of the financial statements. I also conclude, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on Legal Aid SA’s ability to continue as a going concern. If I conclude that a material uncertainty exists, I am required to draw attention in my auditor’s report to the related disclosures in the financial statements about the material uncertainty or, if such disclosures are inadequate, to modify the opinion on the financial statements. My conclusions are based on the information available to me at the date of this auditor’s report. However, future events or conditions may cause a public entity to cease continuing as a going concern
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Country of incorporation South Africa
Nature of business Provide legal services to the indigent
Members of Accounting Authority
Non-executive Members Judge President D Mlambo – Chairperson Term ended 28 February 2019 Judge M Makume – Chairperson Appointed 01 March 2019 Adv. P du Rand Re-appointed 01 March 2019 Ms N Mgadza Term ended 28 February 2019 Prof. Y Vawda Term ended 28 February 2019 Ms M Naidoo Term ended 28 February 2019 Ms T Mhlungu Term ended 28 February 2019 Mr MNF Mvundlela Re-appointed 01 March 2019 Ms A Chowan Re-appointed 01 March 2019 Mr M Leseilane Re-appointed 01 March 2019 Prof. W Gumede Appointed 01 March 2019 Dr C Sanangura Appointed 01 March 2019 Adv. M Odayan Appointed 01 March 2019 Ms M Makgoba Appointed 01 March 2019 Mr L Mtshali Appointed 01 March 2019
Executive Members Ms V Vedalankar Re-appointed 01 March 2019 Dr J Makokoane Re-appointed 01 March 2019 Mr P Hundermark Re-appointed 01 March 2019 Adv. B Nair Re-appointed 01 March 2019
Registered office 29 De Beer Street Braamfontein Johannesburg
Business address 29 De Beer Street Braamfontein Johannesburg
Postal address Private Bag X76 Braamfontein 2017
Bankers First National Bank South African Reserve Bank
Auditors Auditor-General of South Africa
112 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
The reports and statements set out below comprise the Annual Financial Statements presented to the members:
Index Page Report of the Accounting Authority 114 Statement of Financial Position 116 Statement of Financial Performance 117 Statement of Changes in Net Assets 117 Cash Flow Statement 118 Statement of Comparison of Budget and Actual Amounts 119 Notes to the Annual Financial Statements 131-152
ACCOUNTING AUTHORITY’S RESPONSIBILITY AND APPROVAL
The Public Finance Management Act (No. 1 of 1999) (PFMA), as amended, requires the Accounting Authority to ensure that Legal Aid South Africa keeps full and proper records of its financial affairs. The Annual Financial Statements have been prepared in accordance with the effective Standards of Generally Recognised Accounting Practice (GRAP), including any interpretations and directives issued by the Accounting Standards Board.
The Annual Financial Statements are the responsibility of the Accounting Authority.
To enable the members of the Accounting Authority to fulfil their responsibilities, appropriate standards are set and agreed at their level, and require systems of internal control and risk management to be implemented. These are designed to provide reasonable assurance against material misstatements and deficits. Legal Aid SA maintains internal financial controls to provide assurance regarding the safeguarding of assets against unauthorised use or disposition, as well as the maintenance of proper accounting records to provide reliable financial information for use within the organisation or for publication.
The internal controls contain self-monitoring mechanisms, and actions are taken to mitigate risk as identified. Even an effective system of internal control, no matter how well designed, has inherent limitations, including the possibility of circumvention or the overriding of controls.
An effective system of internal control therefore aims to provide reasonable assurance that financial information is accurate, valid and complete, to ensure that the financial statements fairly present the financial position of Legal Aid South Africa.
The effectiveness of internal financial controls may vary over time due to the changes in conditions.
The Accounting Authority has reviewed Legal Aid SA’s budgets and cash flow forecasts for the period under review. On the basis of this review, and in view of the current financial position, the Accounting Authority has every reason to believe that Legal Aid South Africa will be a going concern in the foreseeable future. Accordingly, Annual Financial Statements have been prepared on the going concern basis, since the Accounting Authority has every reason to believe that the organisation has sufficient resources to continue in operation for the foreseeable future.
The Annual Financial Statements which appear on pages 112 to 152 were approved by the Accounting Authority on 27 July 2019 and signed on their behalf by:
Vidhu Vedalankar Judge Motsamai Makume Chief Executive Officer Chairperson Legal Aid SA Legal Aid SA Johannesburg Johannesburg
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REPORT OF THE ACCOUNTING AUTHORITY FOR THE PERIOD ENDED 31 MARCH 2019
The Members of the Accounting Authority present their report for the Annual Financial Statements.
1. INCORPORATION
Legal Aid South Africa was established on 26 March 1969 in terms of the Legal Aid Act (No. 22 of 1969). In December 2014, the President of the Republic approved the new Legal Aid South Africa Act (No. 39 of 2014) which came into effect on 01 March 2015.
2. BUSINESS AND OPERATIONS
Legal Aid SA’s results are clearly reflected in the attached Annual Financial Statements. No material fact or circumstance has occurred between the accounting date and the date of this report. Legal Aid South Africa carries on the business of providing legal services to indigent residents of South Africa utilising State funding. There was no major change in the nature of the business.
3. FINANCIAL RESULTS
The results of Legal Aid SA and the state of its affairs are set out in the attached Annual Financial Statements and do not, in our opinion, require further comments. The financial position of the organisation, which is set out in the Statement of Financial Position, shows it has no borrowings. Legal Aid South Africa’s surplus on ordinary activities for the period amounted to R37,556,411 (Deficit March 2018 R2,831,865).
4. PROPERTY, PLANT AND EQUIPMENT
There were no major changes in the property, plant and equipment during the year or any changes in the policy relating to their use.
5. MEMBERS OF THE ACCOUNTING AUTHORITY
The members of the Accounting Authority of Legal Aid SA, all of whom are South Africans, during the accounting period and up to the date of this report were as follows:
Non-executive Members Judge President D Mlambo – Chairperson Term ended 28 February 2019 Judge M Makume – Chairperson Appointed 01 March 2019 Adv. P du Rand Re-appointed 01 March 2019 Ms N Mgadza Term ended 28 February 2019 Prof. Y Vawda Term ended 28 February 2019 Ms M Naidoo Term ended 28 February 2019 Ms T Mhlungu Term ended 28 February 2019 Mr MNF Mvundlela Re-appointed 01 March 2019 Ms A Chowan Re-appointed 01 March 2019 Mr M Leseilane Re-appointed 01 March 2019 Prof. W Gumede Appointed 01 March 2019 Dr C Sanangura Appointed 01 March 2019 Adv. M Odayan Appointed 01 March 2019 Ms M Makgoba Appointed 01 March 2019 Mr L Mtshali Appointed 01 March 2019
114 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
Executive Members Ms V Vedalankar Re-appointed 01 March 2019 Dr J Makokoane Re-appointed 01 March 2019 Mr P Hundermark Re-appointed 01 March 2019 Adv. B Nair Re-appointed 01 March 2019
6. EVENTS AFTER REPORTING DATE
The were no significant events that took place after the reporting date of the Statement of Financial Position.
7. GOING CONCERN
The Accounting Authority reviews Legal Aid South Africa’s budgets and cash flow forecasts for the period under review. On the basis of this review, and in view of the organisation’s current financial position, the Accounting Authority assesses the organisation’s going concern in the year ahead. The Annual Financial Statements are prepared on a going concern basis based on the Accounting Authority’s assessment.
Johannesburg 27 July 2019
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STATEMENT OF FINANCIAL POSITION AS AT 31 MARCH 2019
Restated March March 2019 2018 Notes R R ASSETS
Non-current assets 192,873,579 203,146,486 Property, plant and equipment 2 176,406,270 190,766,526 Finance lease assets 2.1 477,271 746,868 Intangible assets 3 15,990,038 11,633,092
Current assets 336,642,033 302,608,570 Trade and other receivables 4 2,062,120 5,614,606 Prepayments 5 11,262,456 4,343,503 Client trust funds 6 60,374,953 56,498,805 Deposits 7 1,608,460 1,557,170 Cash and cash equivalents 8a 261,334,044 234,594,486
Total assets 529,515,612 505,755,056
NET ASSETS AND LIABILITIES Accumulated surplus 284,533,983 246,977,571 Non-current liabilities Non-current portion of finance lease 9 72,832 252,779 Employee benefits 10 1,468,994 1,045,517
Current liabilities 243,439,802 257,479,189 Current portion of finance lease 9 424,535 516,303 Provisions 11 90,301,485 107,509,833 Client trust funds 12a 60,374,953 56,402,311 Trade and other payables 12 92,338,829 93,050,742
Net assets and liabilities 529,515,612 505,755,056
116 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
STATEMENT OF FINANCIAL PERFORMANCE AS AT 31 MARCH 2019
March March 2019 2018 Notes R R Revenue 1,826,902,671 1,780,136,274 Non–exchange transactions Grant 13 1,800,892,000 1,754,394,000 Sponsorship for conference 13 – 200,958 Exchange transactions 26,010,672 25,541,316 Interest income 14 22,425,190 23,193,726 Other income 14.1 3,585,481 2,347,590
Expenses (1,789,346,261) (1,782,968,140) Personnel (1,420,182,837) (1,393,267,692) Administrative 15 (121,687,510) (130,419,333) Other expenses 15.1 (212,980,297) (231,218,792) Depreciation and amortisation 8c (34,295,877) (27,879,850) Finance costs 9.1 (199,738) (182,472)
Surplus/(Deficit) for the year 37,556,411 (2,831,865)
STATEMENT OF CHANGES IN NET ASSETS AS AT 31 MARCH 2019
Notes R Balance as at 31 March 2017 249,589,134 Net deficit for the year ended 31 March 2018 (2,831,865) Balance as at 31 March 2018 246,757,269 Prior year adjustment 26 220,302 Restated balance as at 31 March 2018 246,977,571 Net surplus for the year ended 31 March 2019 37,556,411 Balance as at 31 March 2019 284,533,983
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STATEMENT OF FINANCIAL POSITION AS AT 31 MARCH 2019
Notes March March 2019 2018 R R CASH FLOW FROM OPERATING ACTIVITIES
Receipts 1,824,574,571 1,778,802,637 Grant 1,800,892,000 1,754,394,000 Sponsorship for conference – 200,958 Interest received 22,425,190 23,193,726 Other receipts 1,257,381 1,013,953
Payments (1,775,868,429) (1,737,284,616) Employee costs (1,420,182,837) (1,393,267,692) Suppliers (355,485,855) (343,834,453) Finance costs (199,738) (182,472) Net cash flow from operating activities 9c 48,706,142 41,518,022
CASH FLOWS FROM INVESTING ACTIVITIES
Proceeds on disposals of property, plant and equipment 4,515,040 3,327,054 Acquisition of property, plant and equipment 2 (18,307,556) (48,774,431) Acquisition of intangible assets 3 (7,546,498) (7,112,120) Cash flows from investing activities (21,339,014) (52,559,497)
CASH FLOWS FROM FINANCING ACTIVITIES
Finance leases (627,568) (335,741) Cash flow from financing activities (627,568) (335,741)
Increase/(Decrease) in cash and cash equivalents 26,739,559 (11,377,216) Cash and cash equivalents at beginning of the year 234,594,485 245,971,703 Cash and cash equivalents at end of the year 9a 261,334,044 234,594,485
118 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
STATEMENT OF COMPARISON OF BUDGET AND ACTUAL AMOUNTS AS AT 31 MARCH 2019 BUDGET ON CASH BASIS
Difference between Final Approved Budget and Budget Final Budget Actuals Actuals % R R R R Difference Revenue 1, 797, 342, 000 1, 872, 809, 781 1, 877, 320, 452 (4, 510, 671) Grant 1, 764, 342, 000 1, 800, 892, 000 1, 800, 892, 000 – 0% Interest income 21, 500, 000 21, 500, 000 22, 425, 190 (925, 190) -4% Other income – – 3, 585, 481 (3, 585, 481) -100% Rollover funding – 38, 917, 781 38, 917, 781 – 0% Funding from reserves 11, 500, 000 11, 500, 000 11, 500, 000 – 0%
Expenses (1, 797, 737, 773) (1, 836, 382, 342) (1, 789, 346, 261) (47, 195, 703) Personnel (1, 478, 458, 487) (1, 426, 255, 462) (1, 420, 182, 837) (6, 072, 625) 0% Administrative (88, 323, 966) (126, 631, 997) (121, 687, 510) (4, 944, 487) 4% Other expenses (200, 239, 070) (252, 738, 517) (212, 980, 297) (39, 758, 220) 16% Depreciation and (30, 716, 250) (30, 716, 250) (34, 295, 877) 3, 579, 627 -12% amortisation Finance costs – (40, 116) (199, 738) – 100%
Capital Expenditure (30, 320, 477) (67, 143, 688) (25, 854, 054) (41, 289, 634) 61%
Depreciation - non-cash flow 30, 716, 250 30, 716, 250 34, 295, 877 (3, 579, 627) -12% item Surplus for the period - - 96, 416, 014 (96, 575, 636) -100%
The 2018-2019 approved budget was prepared on the cash basis and financial statements are presented on the accrual basis. The approved budget was for the period 01 April 2018 to 31 March 2019. The variances in line items between the approved budget and final budget were due to the following: • Approved transfers effected during the financial year. • 100% variance on other income mainly relates to profit on disposals of assets and monies collected from client contributions. • The 16% variance on other expenses is due to certain projects that could not be finalised due to matters beyond the control of the organisation. • -12% variance on depreciation is mainly due to prepaid computer software licenses amortisation and buildings acquired in 2019. • 61% variance on capital expenditure is due to the electronic Legal Aid Administration system (eLAA), motor vehicles, building and leasehold improvements which could not be delivered/finalised in the financial year. The budget will be rolled over to the 2019-2020 financial year.
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ACCOUNTING POLICIES
1. BASIS OF PREPARATION
The Annual Financial Statements have been prepared in accordance with the policies stipulated, which have been applied consistently in all material respects, unless otherwise indicated. However, where appropriate and meaningful, additional information has been disclosed to enhance the usefulness of the Annual Financial Statements and to comply with the statutory requirements of the Public Finance Management Act, Act 1 of 1999 (as amended by Act 29 of 1999) and the Treasury Regulations issued in terms of the Act.
The Annual Financial Statements have been prepared in accordance with the effective Standards of Generally Recognised Accounting Practice (GRAP), including any interpretations and directives issued by the Accounting Standards Board. The Annual Financial Statements have been prepared using the accrual basis of accounting.
The Annual Financial Statements have been prepared on the basis of the accounting policies applicable to a going concern. This basis assumes that funds will be available to finance future operations and that the realisation of assets and settlement of liabilities, contingent liabilities and commitments will occur in the ordinary course of business.
Assets and liabilities, income and expenditure have been reported separately and have not been offset against one another.
The principal accounting policies of the entity, except where noted, are consistent in all material respects with those applied in the previous period. The Annual Financial Statements have been prepared on the historical cost basis and at fair value, where applicable.
The Annual Financial Statements are presented in South African Rands (R) and all amounts are rounded to the nearest Rand.
Standards, amendments to standards and interpretations issued but not yet effective
The following standards, amendments to standards and interpretations have been issued but are not yet effective and have not been early adopted by the entity. Management has assessed the impact of these standards and interpretations on the operations of Legal Aid South Africa. The adoption of the standards would not have material changes on the presentation of the financial statements or prior year balance, but will improve the presentation of the financial statements. The standards and interpretations, where applicable, will be adopted in the year they become effective.
Standards approved but not yet effective:
TITLE NAME NATURE DATE EFFECTIVE DATE APPLIED GRAP 34 Separate Financial Statements Disclosure Not yet known Not applicable to the organisation GRAP 35 Consolidated Financial Statements Disclosure Not yet known Not applicable to the organisation GRAP 36 Investments in Associates and Disclosure Not yet known Not applicable to the organisation Joint Ventures GRAP 37 Joint Arrangements Disclosure Not yet known Not applicable to the organisation GRAP 38 Disclosure of Interest in Other Disclosure Not yet known On effective date Entities GRAP 104 Financial Instruments Disclosure Not yet known On effective date GRAP 110 Living and Non-living Resources Disclosure Not yet known Not applicable to the organisation
120 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
ACCOUNTING POLICIES (continued)
Interpretations approved but not yet effective:
TITLE NAME NATURE DATE EFFECTIVE DATE APPLIED IGRAP 1 Applying the Probability Test on Initial Recognition of Disclosure 01 April 2019 On effective date Revenue
IGRAP 18 Recognition and Derecognition of Land Disclosure 01 April 2019 On effective date IGRAP 19 Liabilities To Pay Levies Disclosure 01 April 2019 On effective date IGRAP 20 Accounting for Adjustments to Revenue Disclosure 01 April 2019 On effective date
1.1 Cash flow
The Cash Flow Statement is prepared in accordance with the direct method. Specific information has been presented separately on the Statement of Financial Position, such as: i) Receivables from exchange transactions. ii) Trade and other payables from non-exchange transactions.
1.2 Budget Note
Legal Aid SA prepares its annual budget on a cash basis in terms of the PFMA and the National Treasury Medium Term Expenditure Framework Guidelines issued annually. The budget is approved by the Accounting Authority before the commencement of the new financial year. The Statement of Financial Performance is prepared on an accrual basis.
1.3 Revenue recognition
Revenue is the gross inflow of economic benefits or service potential received during the reporting period when those inflows result in an increase in net assets, other than increases relating to contributions from owners.
An exchange transaction is one that the entity receives assets or services or has liabilities extinguished and directly gives approximately equal value to another entity (primarily in the form of goods, services or use of assets) to the other party in exchange.
A non-exchange transaction is one that the entity receives or gives value to another entity without directly providing or receiving an approximate equal value in exchange.
Revenue is recognised when all the following criteria have been met:
It is probable that economic benefits or services potential will flow to the entity.
These benefits can be measured reliably.
Grant
Revenue received from unconditional grants is recognised in the period when received or receivable. The grant Legal Aid South Africa received is unconditional.
Other income
Legal Aid SA receives occasional income by way of a share in awards made to clients in civil matters as well as receiving cost awards, and income from disposed assets sold to staff. Due to the nature of services as well as the prospect of appeals, Legal Aid South Africa only recognises this income as soon as it is awarded to them.
LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 121 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
ACCOUNTING POLICIES (continued)
Interest income
Interest is recognised on a time proportion basis that takes into account the effective yield on cash and cash equivalent.
1.4 Significant judgments and estimates
In preparing the financial statements, management makes estimates and assumptions that affect the amounts presented in the financial statements and related disclosures. Use of available information and the application of judgment is inherent in the formation of estimates. Actual results in the future could differ from these estimates which may be material to the Annual Financial Statements. Significant judgments and estimates include Judicare provision, provision for doubtful debts, employee benefits and useful lives and depreciation or amortisation methods and asset impairment.
Provisions
Provisions are recognised when Legal Aid SA has a present legal or constructive obligation as a result of past events, it is probable that an outflow of resources embodying economic benefits will be required to settle the obligation, and a reliable estimate of the amount of the obligation can be made. All the provisions of Legal Aid South Africa are short-term in nature and thus ignore the effects of discounting.
Judicare provision
Judicare provisions are recognised when Legal Aid SA has a present legal or constructive obligation as a result of past events, for which it is probable that an outflow of economic benefits will be required.
Critical accounting estimates on Judicare provision In the process of applying the Accounting Authority’s accounting policies, management has made the following judgments that have the most significant effect on the amounts recognised in the financial statements:
The calculation for this provision is based on reviewing actual payments for matters over a minimum period of 5 financial years and adjusting all payments made during this period to their present day value. We thereafter determine the percentage of case activities that is completed per month for each matter and/or court type, up to a maximum of 36 months. This information is then used to determine the provision amount for each pending matter based on its age and the cost per case of the matter.
Contingent liabilities
Contingent liabilities are possible obligations that arise from past events and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not wholly within control of the entity or a present obligation that is not recognised because the outflow of economic benefits or service potential is not probable and/or real present obligation that may not be recognised, either because the timing or the measurement is not known.
Commitments
Commitments are recorded at cost in the notes to the financial statements when there is a contractual arrangement or an approval by management in a manner that raises a valid expectation that the department will discharge its responsibilities, thereby incurring future expenditure that will result in the outflow of cash.
122 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
ACCOUNTING POLICIES (continued)
1.5 Impairment
The carrying amounts of property, plant and equipment are reviewed for impairment when events or circumstances indicate that the carrying values may not be recoverable at each reporting date. If any such indicators exist, and where the recoverable amount of an asset is less than its carrying amount, the carrying amount of the asset is written down to its recoverable amount through the Statement of Financial Performance.
The organisation’s property, plant and equipment including intangible assets are classified as non-cash generating assets, as they are not used to generate profit but to provide legal services.
Impairment of non-cash generating assets
The non-cash generating assets are impaired when the carrying amount of the asset exceeds its recoverable service amount.
The non-cash generating assets are assessed yearly at reporting date to determine if there is any indication that the assets are impaired.
Intangible assets with an indefinite useful life are assessed for impairment at the end of the year.
In assessing whether there is any indication of impairment, the following indicators are considered: i) Cessation, or near cession of the demand or need for services provided by the asset. ii) Significant long-term changes with an adverse effect on the entity have taken place during the period, or will take place in the near future, in the technological, legal or government policy environment in which the entity operates. iii) Evidence is available of physical damage of an asset. iv) Significant long-term changes with an adverse effect on the entity have taken place during the period, or are expected to take place in the near future, in the extent to which, or manner in which, an asset is used or is expected to be used. These changes include the asset becoming idle, plans to discontinue or restructure the operations to which an asset belongs, or plans to dispose of an asset before the previously expected date. v) Evidence is available from internal reporting that indicates that the service performance of an asset is, or will be, significantly worse than expected.
The impairment loss is recognised immediately in the Statement of Financial Performance.
The recoverable amount of an asset or a cash-generating unit is the higher of its fair value less costs of disposal and its value in use.
1.6 Property, plant and equipment
The cost of an item of property, plant and equipment is recognised as an asset when • it is probable that future economic benefits or services associated with the item will flow to the entity, and • the cost of the item can be measured reliably.
On initial recognition, an item of property, plant and equipment is measured at cost but those that are acquired through non- exchange transactions are initially measured at fair value. Cost includes purchase price or all costs incurred initially to acquire or construct an item of property, plant and equipment less discounts received on acquisition including service costs.
Recognition of cost in the carrying amount of an item of property, plant and equipment ceases when the item is in the location and condition necessary for it to be capable of operating in the manner intended by management.
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ACCOUNTING POLICIES (continued)
Property, plant and equipment are subsequently carried at cost less accumulated depreciation and any impairment losses.
Property, plant and equipment items are de-recognised once they are fully depreciated and sold, or are obsolete or fully impaired.
Depreciation is calculated on the straight line method to write-off the cost of each asset to its residual value over its estimated useful life. The property, plant and equipment is depreciated from the time when an item of property, plant and equipment is ready for use. The depreciation rates applicable to each category of property, plant and equipment are as follows:
Description % Estimated useful life Land 0% Infinite Building 4 % 25 years Building improvements 6.67% 15 years Motor vehicles 11.1% 6 to 9 years Furniture and equipment 6.67%-20% 5 to 15 years Leasehold improvements Lease term Lease term Fitting and fixtures 10% 10 years Computer equipment 10%-20% 5 to 10 years
The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at each reporting date. The residual values of property, plant and equipment were reassessed at year end.
The following considerations are taken into account in assessing the useful lives of assets: • Expected usage of the asset. • Expected physical wear and tear, which depends on operational factors of the asset. • Technical obsolescence arising from changes in the market demand or service output of the asset. • Legal or similar limits on the use of the asset, such as the expiry dates of related leases.
The residual values are determined by considering the expected market demand of the asset at the end of its lifespan, and the market value of similar assets that have reached their life span.
Subsequent expenditure incurred on items of property, plant and equipment is only capitalised to the extent that such expenditure enhances the value or previous capacity of those assets.
Repairs and maintenance not deemed to enhance the economic benefits or service potential of items of property, plant and equipment are charged to income during the period in which they are incurred.
Depreciation
Depreciation is calculated on a straight line basis over the estimated useful life of property, plant and equipment. Land is not depreciated as it is deemed to have an indefinite useful life.
When significant components of an item of equipment have useful lives or residual values, they are accounted for as separate items (major components) of equipment.
Leasehold improvements relate to refurbishments and partitioning of buildings that are leased. These are depreciated over the lease period.
Gains and deficits on disposal of property, plant and equipment are determined by reference to their carrying amount and are taken into account in determining operating surplus.
124 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
ACCOUNTING POLICIES (continued)
1.7 Intangible assets
Intangible assets consist of computer software.
The cost of an item of intangible asset is recognised as an asset when • it is probable that future economic benefits or services associated with the item will flow to the entity, and • the cost of the item can be measured reliably.
Intangible assets items are de-recognised once they are fully amortised and replaced by new computer software or obsolete and no longer supported by the service providers.
On initial recognition, an item of intangible asset is measured at cost if acquired through non-exchange transaction.
Cost includes the purchase price and all developmental costs incurred in preparing the intangible asset to be ready for use less discounts received on acquisition including service costs. Intangible assets are carried at cost less accumulated amortisation and any impairment losses.
Subsequent expenditure incurred on an item of intangible asset is only capitalised to the extent that such expenditure meets the recognition criteria. Where the expenditure is material or more than the initial cost of the asset, the cost is capitalised as a new asset and the initial asset is de-recognised.
Intangible assets are amortised on a straight line basis over the useful lives of the asset. The intangible assets are amortised from the time when it is ready for use.
The assets are generally amortised over 2 to 10 years. Those assets which will be used for an indefinite period are not depreciated.
The assets’ useful lives are reviewed, and adjusted if appropriate, at each reporting date. The residual values of intangible assets are reassessed at year end.
The assets classified as indefinite are evaluated at year end to assess for impairment and whether they are still considered to be indefinite. Where the assets cease to be classified as indefinite assets, they are amortised over the remainder of their useful life. During the year under review there were no assets which useful lives had changed.
1.8 Leased assets
A lease is classified as a finance lease if it transfers substantially all the risks and rewards incidental to ownership. A lease is classified as an operating lease if it does not transfer substantially all the risks and rewards to ownership.
Finance leases
Finance leases are recognised as assets and liabilities in the Statement of Financial Position at amounts equal to the fair value of the leased property or, if lower, the present value of the minimum lease payments. Finance lease payments are apportioned between the capital and the interest portions. The interest is expensed in the Statement of Financial Performance.
The lease assets are depreciated over the lease period. The present value of the minimum lease payments are calculated at the net present value based on the applicable prime rate at the reporting date.
Operating leases
Operating lease payments are straight lined and recognised as an expense over the period of the lease in the Statement of Financial Performance. The operating lease commitments are disclosed in the notes to the financial statements.
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ACCOUNTING POLICIES (continued)
1.9 Taxation
No provision is made for taxation as Legal Aid South Africa is exempt in terms of section 10(1)(CA) of the Income Tax Act.
1.10 Financial assets and instruments
Financial instruments are recognised on the Statement of Financial Position when Legal Aid SA becomes party to the contractual provisions of the instrument. Financial instruments include cash and bank balances, receivables and trade payables. These financial instruments are generally carried at their estimated fair value, which is the amount for which an asset could be exchanged, or a liability settled, between knowledgeable and willing parties in an arm’s length transaction.
The change relates to classification of finance lease payable being classified as financial instruments. The finance leases are measured in accordance with GRAP 13.
Recognition
Financial assets are initially recognised using the trade date accounting method.
Measurement
Financial instruments are initially measured at fair value net of transaction costs when the entity is a party to contractual arrangement. Subsequent to initial recognition, these instruments are measured as set out below.
Trade and other receivables
Trade and other receivables are initially measured at cost, and subsequently measured at cost less impairment. Appropriate allowances for estimated irrecoverable amounts are recognised in surplus or deficit when there is objective evidence that the asset is impaired.
An estimate of doubtful debts is made based on a review of all outstanding individual amounts at statement of position date.
The Accounting Authority writes off irrecoverable debts in accordance with Treasury Regulations 11.4.1(a) and (b) after having taken the necessary steps to recover the debt.
Receivables included in the Statement of Financial Position arise from staff debtors, duplicate Judicare travel claims by practitioners, normal Judicare debtors and trade debtors.
Cash and cash equivalents
Cash and cash equivalents comprise cash at bank and deposits held on call with banks.
Cash and cash equivalents are initially recorded at fair value.
Deposits held on call, and investments in money market instruments are classified as financial assets held at amortised cost originated by Legal Aid South Africa and carried at amortised cost. Due to the short-term nature of these instruments, the amortised cost approximates its fair value.
126 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
ACCOUNTING POLICIES (continued)
Trade and other payables
Trade and other payables are initially measured at fair value, using the effective interest rate method.
Trade and other payables are classified as financial liabilities at fair value.
De-recognition of financial instruments
Financial assets are de-recognised when the entity loses control of the contractual rights that comprises the financial assets. Legal Aid SA loses such control if right to benefits specified in the contract are realised, the rights expire or the organisation surrenders those rights.
Financial liabilities are de-recognised when the obligation is discharged, cancelled or expires.
1.12 Employee Benefits
a) Short-term employee benefits The cost of short-term employee benefits (those payable within 12 months after the service is rendered, such as paid vacation leave, sick leave, bonuses and non-monetary benefits such as medical care) are recognised in the period in which the service is rendered, and are not discounted.
The expected cost of compensation absences is recognised as an expense as the employees render services that increase their entitlement or, in the case of non-accumulating absences, when the absence occurs.
The expected bonus payments are recognised as an expense when there is a legal or constructive obligation to make such payments as a result of past performance.
Employee entitlements to annual leave are recognised when they accrue to employees. An accrual, based on total employment cost, is raised for the estimated liabilities as a result of services rendered by employees up to reporting date.
b) Defined benefit plans Legal Aid South Africa contributes to a defined benefit pension scheme, which requires contributions to be made to a separately administered fund.
Existing employees Past service costs, experience adjustments, the effects of changes in actuarial assumptions and the effects of plan amendments in respect of existing employees in a defined benefit plan are recognised as an expense or as income systematically over the expected average remaining working lives of those employees (except in the case of certain plan amendments where the use of a shorter time year is necessary to reflect the receipt of economic benefits by the enterprise).
Plan terminations, curtailments and settlements When it is probable that a defined benefit plan will be terminated or that there will be a curtailment or settlement of the retirement benefits payable under that plan, i) resulting increase in the retirement benefit cost is recognised as an expense immediately, and ii) any resulting gain is recognised as income in the year in which the termination, curtailment or settlement occurs.
c) Post-retirement medical benefit The defined benefit obligation, the related current cost and, where applicable, past service costs, is determined by using the Projected Unit Credit Method. A portion of the actuarial gains and losses is recognised as income or expense in the year it occurs.
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ACCOUNTING POLICIES (continued)
Unvested past services cost is recognised as an expense on the straight line basis over the average year until the benefits become vested, while vested past service costs are recognised as an expense in the Statement of Financial Performance.
1.13 Materiality
Section 55(2) of the PFMA specifies components of the financial statements that have to take into account tolerance levels both in terms of financial, non-financial and disclosure of specific information such that it enables the Executive Authority to effectively perform their fiduciary duties. Legal Aid SA has an approved framework of acceptable levels of materiality and significance.
1.14 Services received in-kind
Services received in-kind consist primarily of attendance by certain Legal Aid South Africa members to Accounting Authority and committee meetings without remuneration due to their full-time employment in the public sector. Legal Aid SA cannot reliably determine a fair value for this benefit, and as a result does not recognise the value of these services received in the Statement of Financial Performance.
1.15 Irregular expenditure
Irregular expenditure means expenditure, other than unauthorised expenditure, incurred in contravention of, or that is not in accordance with the requirements of any applicable legislation from the definition in the PFMA.
All expenditure relating to irregular expenditure is recognised as an expense in the Statement of Financial Performance in the period that the expenditure was incurred.
Irregular expenditure is recorded in the notes to the financial statements when confirmed. The amount recorded is equal to the value of the irregular expenditure incurred, unless it is impracticable to determine, in which case reasons therefore are provided in the note.
Irregular expenditure is removed from the note when it is either condoned by the relevant authority, transferred to receivables for recovery or not condoned and is not recoverable.
Irregular expenditure receivables are measured at the amount that is expected to be recoverable and are de-recognised when settled or subsequently written off as irrecoverable.
1.16 Fruitless and wasteful expenditure
Fruitless and wasteful expenditure means expenditure that was made in vain and would have been avoided had reasonable care been exercised.
All expenditure relating to fruitless and wasteful expenditure is recognised as an expense in the Statement of Financial Performance in the period that the expenditure was incurred.
Fruitless and wasteful expenditure is recorded in the notes to the financial statements when confirmed. The amount recorded is equal to the total value of the fruitless and/or wasteful expenditure incurred.
Fruitless and wasteful expenditure is removed from the notes to the financial statements when it is resolved or transferred to receivables for recovery.
Fruitless and wasteful expenditure receivables are measured at the amount that is expected to be recoverable and are de- recognised when settled, or subsequently written off as irrecoverable.
128 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
ACCOUNTING POLICIES (continued)
1.17 Related parties
All parties that have the ability to control or exercise significant influence over Legal Aid South Africa in making financial and operating decisions are considered to be related parties of the organisation. Related parties include key management personnel and close members of the family of key management personnel.
A related party transaction is a transfer of resources, services or obligations between the reporting entity and the related party, regardless of whether a price is charged. Related party transactions exclude transactions with any other entity that is a related party solely because of its economic dependence on the reporting entity.
1.18 Client trust funds
These constitute amounts received from estates late and settlements reached in civil matters. These amounts are payable to recipients based on court settlement orders and/or heirs, legatees or other claimants in estate matters.
1.19 Deposits
These constitute amounts held by landlords for the various buildings leased by the entity and travel agencies.
Deposits are recorded at fair value.
1.20 Inventories
Inventories, which consist of consumables, are recognised as an asset if:
i) it is probable the future economic benefits or service potential associated benefits or service potential associated with the item will flow to the entity. ii) the cost of the inventories can be measured reliable.
Legal Aid SA uses the FIFO method to value the stock on hand. In the 2017-2018 financial year inventory on hand was deemed to be immaterial and was therefore expensed.
1.21 Subsequent events
No material fact or circumstance has occurred between the financial position date and the date of this report.
1.22 Risk management of financial assets and liabilities
Credit risk: – Each class of instrument is disclosed separately. – Maximum exposure to credit risk is not covered by collateral is specified. – Financial instruments covered by collateral are specified.
Liquidity risk: A maturity analysis for financial assets and liabilities that shows the remaining contractual maturities.
Liquidity risk is managed by ensuring that all assets are invested at maturity at competitive interest rates in relation to cash flow requirements. Liabilities are managed by ensuring that all contractual payments are met on a timeous basis and, if required, additional new arrangements are established at competitive rates to ensure that cash flow requirements are met.
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ACCOUNTING POLICIES (continued)
A maturity analysis for financial liabilities that shows the remaining undiscounted contractual maturities is disclosed in note 13.1 to the Annual Financial Statements.
1.23 Prepayments
The prepayments mainly comprise the system related costs which are paid on an annual basis.
The prepayments are recognised at fair value.
1.24 Change in accounting estimates
Change in estimates is an adjustment of the carrying amount of an asset or a liability, or the amount of the periodic consumption of an asset, that results from the assessment of the present status of, and expected future benefits and obligations associated with, assets and liabilities. Changes in accounting estimates result from new information or new developments and, accordingly, are not corrections of errors. The nature and amount of a change in an accounting estimate that has an effect in the current period is disclosed in the notes. Changes in accounting estimates are accounted for prospectively.
1.25 Prior Period Error
The accounting policies applied are consistent with those used to present the previous year’s financial statements, unless explicitly stated otherwise.
Correction of errors is applied retrospectively in the period in which the error has occurred in accordance with GRAP 3 requirements, except to the extent that it is impracticable to determine the period-specific effects or the cumulative effect of the error. In such cases the entity shall restate the opening balances of assets, liabilities and net assets for the earliest period for which retrospective restatement is practicable.
Protections and rights afforded in the Labour Relations Act are important for everyone as it speaks to our right to fair labour practices. In Mlawuli Kohliso v Comezi Security Service, Legal Aid SA's client referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) and received a successful award that ordered his reinstatement and payment of back-pay. Before this award could be implemented the employer sold the business as a going concern to a new security company and the new company refused to comply with the award as the two companies entered into an agreement that any pending CCMA matters will be pursued against the previous company. Section 197 of the Labour Relations Act provides that where a business is bought as a going concern, the new employer takes over the obligations of the business it buys. Legal Aid SA challenged the actions of the new company, arguing that it cannot contract out of its obligations in terms of Section 197. The Labour Court agreed with the arguments and found that the new security company must reinstate the client, which meant that the order included salary back-pay.
130 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS
March March 2019 2018 Accumulated Carrying Accumulated Carrying Cost Depreciation Value Cost Depreciation Value R R R R R R Owned assets Land 6,080,822 – 6,080,822 6,080,822 – 6,080,822 Building 49,679,623 10,730,796 38,948,827 49,679,623 8,743,608 40,936,015 Building improvements 18,538,907 7,555,839 10,983,067 16,196,480 6,356,334 9,840,146 Motor vehicles 83,219,905 20,762,103 62,457,802 82,054,574 17,125,100 64,929,474 Furniture and equipment 24,483,553 20,096,357 4,387,197 24,721,578 20,497,210 4,224,368 Fitting and fixtures 2,937,376 2,692,595 244,781 2,937,376 2,571,137 366,239 Leasehold improvements 18,607,109 10,534,473 8,072,636 19,433,184 8,996,775 10,436,409 Computer equipment 104,059,661 58,828,522 45,231,139 101,869,354 47,916,301 53,953,053 307,606,956 131,200,685 176,406,270 302,972,991 112,206,465 190,766,526
The cost for maintenance on buildings amounted to R1,849,209. The cost for maintenance on motor vehicles amounted to R3,910,819.
The carrying amounts of property, plant and equipment can be reconciled as follows:
Reconciliation of property, plant and equipment – March 2019
Carrying Value at Carrying Beginning Value at of Year Additions Disposals End of Year R R R Depreciation R Owned assets Land 6,080,822 – – – 6,080,822 Building 40,936,015 – – (1,987,188) 38,948,827 Building improvements 9,840,146 2,381,156 (19,627) (1,218,609) 10,983,067 Motor vehicles 64,929,474 4,738,038 (1,014,520) (6,195,191) 62,457,801 Furniture and equipment 4,224,368 1,121,525 (105,535) (853,162) 4,387,197 Fitting and fixtures 366,239 – – (121,459) 244,781 Leasehold improvements 10,436,409 1,671,616 (417,389) (3,617,999) 8,072,636 Computer equipment 53,953,053 8,395,221 (629,869) (16,487,266) 45,231,139 190,766,526 18,307,556 (2,186,940) (30,480,874) 176,406,270 Land
The first land is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The land measures 1490 square metres. It was transferred to Legal Aid South Africa on 04 September 2008. For initial split, the land was revaluated by an independent valuator, J.O. Schoonraad, on 23 September 2011 and has been stated at cost of R11,788,000.
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NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
The second land is described as ERF 408 Middelburg Registration Division I.R., provision of Mpumalanga, Middelburg Division Mpumalanga Province. The land measures 966 square metres. It was transferred to Legal Aid South Africa on 08 March 2017. For initial recognition split, the land was revaluated by an independent valuator, Kgolofelo Property Services CC, on 15 August 2015 and has been stated at cost of R630,000.
The third land is described as ERF 1956 Lichtenburg Registration Division I.R., provision of North West, Lichtenburg Division North West Province. The land measures approximately 1086 square metres. It was transferred (sold) to Legal Aid South Africa on 19 May 2016. For initial recognition split purpose, the land was revaluated by an independent valuator, Ettienne E. Pretorius, on 20 September 2016 and has been stated at cost of R543,000.
The fourth land is described as ERF 884 Johannesburg Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The land measures approximately 595 square metres. It was transferred (sold) to Legal Aid South Africa on 29 July 2016. For initial recognition split purpose, the land was revaluated by an independent valuator, Ettienne E. Pretorius, on 20 September 2016 and has been stated at cost of R595,000.
The fifth land is described as ERF 1737 Krugersdorp Township Registration Division I.R., provision of Gauteng, Krugersdorp Division Gauteng Province. The land measures approximately 495 square metres. It was transferred (sold) to Legal Aid South Africa on 13 April 2017. For initial recognition split purpose, the land was revaluated by an independent valuator, Tsebo Real Asset Management, on 14 November 2017 and has been stated at cost of R850,000.
The sixth land is described as ERF 39 Welkom Registration Division I.R., provision of Free State, Welkom Division Free State Province. The land measures approximately 373 square metres. It was transferred (sold) to Legal Aid South Africa on 10 May 2017. For initial recognition split purpose, the land was revalued by an independent valuator, Equity Property Professionals, on 28 March 2018 and has been stated at cost of R292,696.
The seventh land is described as ERF 109 Witbank Registration Division I.R., provision of Mpumalanga, Witbank Division Mpumalanga Province. The land measures approximately 2231 square metres. It was transferred (sold) to Legal Aid South Africa on 12 July 2017. For initial recognition split purpose, the land was revalued by an independent valuator, Equity Property Professionals, on 28 March 2018 and has been stated at cost of R1,382,130.
Building
The first building is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The building measures approximately 8289 square metres and it was transferred (sold) to Legal Aid South Africa on 04 September 2008. The estimated useful life of the building is 25 years and has been stated at the cost price of R21,981,000 in order to comply with GRAP 17. The building included building improvements made to Legal Aid House.
The second building is described as ERF 408 Middelburg Registration Division I.R., provision of Mpumalanga, Middelburg Division Mpumalanga Province. The building measures approximately 616 square metres and it was transferred (sold) to Legal Aid South Africa on 08 March 2017. The estimated useful life of the building is 25 years and has been stated at the cost price of R5,250,554.
The third building is described as ERF 1956 Lichtenburg Registration Division I.R., provision of North West, Lichtenburg Division North West Province. The building measures approximately 258 square metres and it was transferred (sold) to Legal Aid South Africa on 19 May 2016. The estimated useful life of the building is 25 years and has been stated at the cost price of R1,307,425.
132 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
The fourth building is described as ERF 884 Ekurhuleni Metropolitan Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The building measures approximately 1696 square metres and it was transferred (sold) to Legal Aid South Africa on 29 July 2016. The estimated useful life of the building is 25 years and has been stated at the cost price of R3,089,310.
The fifth building is described as ERF 1737 Krugersdorp Township Registration Division I.R., provision of Gauteng, Krugersdorp Division Gauteng Province. The building measures approximately 1380 square metres and it was transferred (sold) to Legal Aid South Africa on 13 April 2017. The estimated useful life of the building is 25 years and has been stated at the cost price of R4,325,371.
The sixth building is described as ERF 39 Welkom Registration Division I.R., provision of Free State, Welkom Division Free State Province. The building measures approximately 1073 square metres and was transferred (sold) to Legal Aid South Africa on 10 May 2017. The estimated useful life of the building is 25 years and has been stated at the cost price of R7,292,718.
The seventh building is described as ERF 109 Witbank Registration Division I.R., provision of Mpumalanga, Witbank Division Mpumalanga Province. The building measures approximately 1548 square metres and it was transferred (sold) to Legal Aid South Africa on 12 July 2017. The estimated useful life of the building is 25 years and has been stated at the cost price of R6,433,243.
Reconciliation of property, plant and equipment – March 2018 Carrying Value at Carrying Beginning of Value at Year Additions Disposals Depreciation Re–statement End of Year R R R R R R Owned assets Land 3,556,000 2,524,822 – – – 6,080,822 Building 24,143,169 18,051,334 – (1,258,488) – 40,936,015 Building improvements 8,955,909 1,778,612 – (894,375) – 9,840,146 Motor vehicles 58,929,637 12,485,611 (1,298,154) (5,187,620) – 64,929,474 Furniture and equipment 4,381,060 774,628 (24,054) (907,266) – 4,224,367 Fitting and fixtures 439,675 – – (293,738) 220,302 366,239 Leasehold improvements 10,690,249 2,911,782 (76,453) (3,089,169) – 10,436,409 Computer equipment 58,544,938 10,247,642 (594,757) (14,244,770) – 53,953,053 169,640,637 48,774,431 (1,993,417) (25,875,427) 220,302 190,766,526
2.1 Finance leased assets March March 2019 2018 Accumulated Carrying Accumulated Carrying Cost Depreciation Value Cost Depreciation Value R R R R R R Cellphones 1,384,839 907,567 477,271 1,028,985 282,118 746,868 1,384,839 907,567 477,271 1,028,985 282,118 746,868
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NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
Reconciliation of property, plant and equipment – March 2019 Finance leased assets Carrying Value at Carrying Beginning of Value at Year Additions Disposals Depreciation End of Year R R R R R Cellphones 746,868 355,853 – (625,450) 477,271 746,868 355,853 – (625,450) 477,271
Reconciliation of property, plant and equipment – March 2018 Finance leased assets Carrying Value at Carrying Beginning of Value at Year Additions Disposals Depreciation End of Year R R R R R Photocopiers 1,099,255 – (540,920) (558,335) – Cellphones – 1,028,985 – (282,118) 746,868 1,099,255 1,028,985 (540,920) (840,453) 746,868
3. Intangible assets March March 2019 2018 Accumulated Carrying Accumulated Carrying Cost Amortisation Value Cost Amortisation Value R R R R R R Computer software 21,986,100 5,996,062 15,990,038 14,439,601 2,806,509 11,633,092
Reconciliation of intangible assets – March 2019
The carrying amounts of intangible assets can be reconciled as follows: Carrying Value at Carrying Beginning Value at of Year Additions* Disposals Amortisation End of Year R R R R R Computer software 11,633,092 7,546,499 – (3,189,554) 15,990,038 *Amount of R1,767,110 under additions is for software still under development
Reconciliation of intangible assets – March 2018 Carrying Value at Carrying Beginning Value at of Year Additions* Disposals Amortisation End of Year R R R R R Computer software 5,684,942 7,112,120 – (1,163,971) 11,633,092
134 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
*Amount of R7,112,120 under additions is for software still under development 4. Trade and other receivables – exchange transactions March March 2019 2018 R R Trade receivables 14,294,916 15,996,425 Provision for doubtful debts (12,248,905) (10,470,023) Other receivables 16,109 88,203 2,062,120 5,614,606 Included in the Trade and other receivables is an amount of R12 million relating to Judicare duplicate travel claims raised from 2004-2005 to date.
4.1 Reconciliation of doubtful debt provision March March 2019 2018 R R Balance at the beginning of the period 10,470,023 10,517,783 Bad debts written off (2,346,315) (23,777) (Decrease) in provision for doubtful debts 4,125,198 (23,983) 12,248,905 10,470,023 Included in the provision is an amount of R12 million relating to Judicare duplicate travel claims raised.
5. Prepayments March March 2019 2018 R R Prepayments 11,262,456 4,343,503 11,262,456 4,343,503
Reconciliation of prepayments Operating expenditure 3,283 4,343,503 Capital expenditure 11,259,173 – 11,262,456 4,343,503 2019 - Prepayments relate mainly to payments in advance for office building bought for the Legal Aid SA Port Elizabeth Local Office but not yet registered with the Deeds Office. 2018 - Prepayments relate mainly to payments in advance for software licences.
6. Client trust funds March March 2019 2018 R R Client trust funds 60,374,953 56,498,805 60,374,953 56,498,805 These constitute amounts received from estate lates and settlements reached in civil matters. These amounts are payable to recipients based on court settlement orders. The corresponding liability for the client trust asset. Refer to note 12a.
134 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 135 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
7. Deposits March March 2019 2018 R R These mainly constitute amounts paid to landlords as security for rent repayment. 1,608,460 1,557,170 The total deposit above is classified as follows: Later than 1 year and not later than 5 years 1,341,289 1,308,816 Not later than 1 year 267,171 248,354 1,608,460 1,557,170
7.1 Deposit Reconciliation Opening Balance 1,557,170 1,661,651 Recoveries (42,488) (85,801) Deposits expensed (11,206) (3,800) Deposits moved to debtors (4,800) (24,882) New/additional deposits for the year 109,785 10,001 Closing Balance 1,608,460 1,557,170
8. Notes to Cash Flow Statement a) Cash and cash equivalents Cash and cash equivalents consist of cash on hand and balances with banks and investments in money market instruments. Cash and cash equivalents included in the Cash Flow Statement comprise the following statement of amounts indicating financial position:
March March 2019 2018 R R Funds held with the Corporation for Public Deposits 250,587,913 230,193,551 Bank balance and cash on hand 10,746,130 4,400,935 261,334,044 234,594,486 Cash and cash equivalents are set aside for liabilities and commitments.
b) Property, plant and equipment During the year, Legal Aid South Africa acquired property, plant and equipment of R26,432,087 by means of grants allocated by the national government.
136 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
c) Cash generated by operating activities Reconciliation of net cash flows from operating activities to surplus March March 2019 2018 R R Net surplus (deficit) 37,556,411 (2,831,865) Non-cash flow movement Depreciation 31,106,325 26,715,881 Amortisation 3,189,553 1,163,970 Increase in provision and employee benefits (16,784,870) (14,813,350) (Decrease)/Increase in payables (615,419) 10,080,751 (Increase)/Decrease in inventories - 1,664,789 (Gains)/Loss on sale of property, plant and equipment (2,328,100) (1,333,637) Debts written off 2,346,315 23,777 (Increase)/Decrease in receivables (5,764,072) 20,847,706 48,706,142 41,518,022
9. Finance Leases Interest bearing borrowings March March 2019 2018 R R Non-current portion of finance lease liability 72,832 252,779 Current portion of finance lease liability 424,535 516,303 Total finance lease liability 497,367 769,082
The interest bearing borrowings are secured by cellphones (see note 2). The liabilities are repayable in equal monthly instalments on the 1st day of the month, at prime interest rates, respectively. Legal Aid South Africa entered into a finance lease arrangement with different lessors in respect of cellphones. The period of the lease agreements is 24 months with the liability repayable in equal monthly instalments, at prime interest rates.
Reconciliation of minimum lease payments with their present values March March Up to 2019 Up to 2018 1 year 2–5 years Total 1 year 2–5 years Total R R R R R R Minimum lease payments 528,802 75,628 604,430 578,898 261,436 840,334 Finance charges 104,267 2,796 107,063 62,595 8,657 71,252 Fair value adjustment – – – – – – Present value 424,535 72,832 497,367 516,303 252,779 769,082
Finance lease cash flow recon March March Net Cash 2019 2018 Flow Finance lease assets 477,271 746,868 269,596 Finance lease liability (497,367) (769,082) (271,715) Depreciation on finance leases (625,450) (840,453) (215,003) (645,546) (862,668) (217,122)
136 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 137 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
9.1 Finance Costs March March 2019 2018 R R Finance lease obligation 199,738 182,472
Finance costs relate to finance charges for cellphones.
10. Employee benefits Pensions Defined benefit retirement plan
Legal Aid South Africa contributes to a defined benefit retirement plan for the benefit of all employees. The plan is governed by the Pension Funds Act, 1956 (Act No. 24 of 1956). The assets of the plan are administered by trustees in a fund independent of Legal Aid South Africa. The fund is administered under the control of the national government. The National Treasury stands as guarantor for any shortfall that the fund may experience. For this reason, no provision is made in the books of Legal Aid South Africa for any shortfall or surplus that may arise. The disclosure for this plan is done in accordance with a defined contribution plan due to the following reasons: Legal Aid South Africa is not the only member of the Pension Fund and the liability exposure and the assets cannot be separated from the other members' liability and assets.
Medical
Legal Aid South Africa contributes to a medical aid scheme for certain retired employees. The liability for future contributions to the scheme in respect of three (3) retirees was actuarially valued at year end. The scheme is valued every three years. The latest actuarial valuation was carried out as at 31 March 2019. The principal assumptions adopted by the actuary are that discount rates will be 8.64% per annum, and the general inflation rate will be 5.23% per annum. Medical costs' inflation rate will be 6.73% per annum. The actuarial value of the promised benefits is R1,468,994 (2018: R1,045,517) which has been recognised as a liability in the past. Legal Aid South Africa provided for the payment of medical aid for retired employees. This practice has ceased. However, a contractual obligation exists for certain employees who retired with this condition. It is anticipated that these amounts will be paid out over the remaining lives of these pensioners.
Post–retirement benefit
March March 2019 2018 R R Post–retirement medical aid benefits 1,468,994 1,045,517 1,468,994 1,045,517
Liability at the beginning of the year 1,045,517 1,096,704 Interest cost 123,376 100,317 Actuarial (losses)/gains 485,899 – Contribution payments (185,798) (151,504) 1,468,994 1,045,517
R1,468,994 (2018: R1,045,517) of cash resources have been set aside for the purpose of meeting future post–retirement benefits.
138 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
Method used
It is assumed that the health care costs trend has a significant effect on the amounts recognised in surplus or deficit. A one percent point change in assumed health care cost trend rates would have the following effects:
March March 2019 2018 (1%) 1% (1%) 1% R R R R Defined benefit obligation (14,690) 14,690 (10,455) 10,455
11. Provisions
March 2019 Carrying Used Additional/ Carrying Value at During Reversal Value at Beginning the Year Provisions End of Year of Year R R R Judicare* 69,508,390 (78,640,649) 76,413,874 67,281,615 Provision for incentive payments 35,644,448 (44,725,092) 30,124,710 21,044,066 Corporate litigation* 2,356,996 (2,356,996) 1,975,805 1,975,805 107,509,834 (125,722,737) 108,514,389 90,301,485
*The amounts used for the year includes used and reversed provisions
March 2018 Carrying Used Additional Carrying Value at During the Provisions Value at Beginning Year R End of Year of Year R R R Judicare* 73,058,118 (84,873,149) 81,323,421 69,508,390 Provision for incentive 46,414,559 (56,757,781) 45,987,671 35,644,448 payments Provision for Workmen's 1,204,702 (1,204,702) – – Compensation Corporate litigation* 1,594,618 (1,594,618) 2,356,996 2,356,996 122,271,996 (144,430,250) 129,668,088 107,509,834
*The figure used for the year includes used and reversed provisions
Judicare
Legal Aid South Africa instructs independent legal practitioners where it believes that the interests of the client are best handled in this manner. These practitioners are paid according to a tariff set by Legal Aid South Africa from time to time. A consequence of the nature of court cases is that while an estimate can be made of the cost of cases based on historical experience, the actual payments may vary. In addition, the length of time taken to complete cases often varies; in general, payment is only made on completion.
Gross claims incurred comprise all claims arising from events that have occurred in the period and for which Legal Aid South Africa is responsible, whether or not reported by the end of the period. Net claims incurred comprise: • claims submitted and accrued for services rendered during the period, net of recoveries, and • claims for services rendered during the previous period not included in the outstanding claims provision for that period, net of recoveries.
138 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 139 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
Outstanding claims provision
The method used is based on reviewing actual payments for matters over a minimum period of 5 financial years and adjusting all payments made during this period to their present day value. We thereafter determine the percentage of case activities that is completed per month for each matter and/or court type, up to a maximum of 36 months. This information is then used to determine the provision amount for each pending matter based on its age and the cost per case of the matter.
Changes in assumptions and sensitivities to changes in key variables
All assumptions are based on actual claims experience in determining the outstanding claims provision. Due to the nature of the provision, no material change is expected in any assumptions made.
Legal Aid South Africa believes that the liability for claims reported in the Statement of Financial Position is adequate. However, it recognises that the process of estimation is based upon variable factors and assumptions which could differ when claims arise. A retrospective review of actual claims experience is performed monthly to determine the accuracy of the outstanding claims provision. Due to this, the impact of a change in the key variables is not considered to be significant and no further sensitivity analysis is provided.
Bonuses
Employees who are members of the pension fund are entitled to structure their package in such a way that they receive a thirteenth cheque. The duty to pay this amount accrues monthly. The full amount of accrual is paid out each period when it falls due. In addition, an incentive payment is payable to employees during August each year based on their personal performance as well as that of the organisation as a whole.
Litigation
Legal Aid South Africa, by the nature of its activities, has at any time a number of legal matters in process. The cost of these, as well as the possible effect of any outcome, is provided for in the year in which the cause of action arises. No certainty exists as to the timing of when these amounts will be paid.
12. Trade and other payables March March 2019 2018 Trade payables 38,884 64,541 Leave pay benefits 35,030,782 34,416,247 Bonus pay benefits (13th cheque) 31,422,163 29,967,273 Accruals 5,382,618 2,625,576 Sundry creditors* 20,464,383 25,977,105 92,338,829 93,050,742 *The sundry amount includes accruals for goods received which were not receipted on the system by year end. This represents invoices not paid as at year end
12.1 Maturity Analysis < 1 Year 1–2 Years 2–5 Years 5+ Years Total Year 2019 Trade and other payables 91,535,210 803,619 – – 92,338,829
Year 2018 Trade and other payables 88,564,871 4,485,871 – – 93,050,742
140 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
12a. Clients Trust Liability March March 2019 2018 Client trust fund 60,374,953 56,498,805
These constitute amounts received from estate lates and settlements reached in civil matters. These amounts are payable to recipients based on court settlement orders.
The corresponding asset for the client trust liability. Refer to note 6.
Client trust recon Client trust asset 60,374,953 56,498,805 Less: Payments not gone through the bank (outstanding withdrawals) – (96,494) Client trust liability 60,374,953 56,402,311
13. Revenue
Gross revenue comprises grants from the National Revenue Fund. These funds are provided to Legal Aid South Africa to enable it to meet the government's responsibility to provide legal services to those who cannot afford it.
March March 2019 2018 R R Unconditional government baseline allocation 1,800,892,000 1,754,394,000 Sponsorship for International Legal Aid Group (ILAG) conference – 200,958 1,800,892,000 1,754,594,958
14. Interest Income March March 2019 2018 R R Interest income consists mainly of income received from funds invested with the Corporation for Public Deposits 22,425,190 23,193,726
14.1 Other Income
2019 2018 R R Other income comprises
Commission on garnish and benefit to the Board 118,056 136,097 Profit on disposal of assets 2,328,100 1,333,637 *Sundry income 1,139,325 877,856 3,585,481 2,347,590 *Sundry income comprises monies from disposed assets sold to staff and cost recovered
140 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 141 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
15. Administrative Expenses March March 2019 2018 R R Co–operation and Agency 11,373,764 12,733,215 Agreements Impact Litigation 1,800,807 4,820,739 Judicare 101,668,849 106,268,502 Civil disbursements 6,844,090 6,596,877 121,687,510 130,419,333
15.1 Other expenses March March 2019 2018 R R Other expenses is made up of the following material expenses: Advertising 3,300,647 4,770,938 Audit fees 3,780,482 3,862,781 Board fees 869,614 652,307 Cleaning services 8,714,096 7,702,648 Communication 1,359,797 3,046,190 Computer software licenses 7,840,989 14,645,949 Document exchange 1,108,525 1,042,320 Education and training 1,974,245 4,021,037 Insurance – Group Life 16,749,073 21,429,589 Insurance short term 6,061,383 5,759,237 IT support 654,175 992,787 Leadership programme 465,650 – Library and publications 2,886,777 3,644,527 Maintenance building 1,739,205 1,257,957 Maintenance office equipment 3,002,719 2,363,941 Management fees 501,156 851,105 Municipal services 13,442,174 13,557,267 Office rental 45,178,520 42,780,645 Office rental – Satellite Offices 8,238,637 7,676,975 Postage and courier 872,218 1,101,382 Printing and stationery 4,911,765 7,093,129 Recruitment 595,504 593,591 Refreshments 711,910 871,732 Security costs 2,345,322 2,258,171 Signage and branding 568,348 853,035 Storage costs 831,797 853,881 Subscriptions and membership fees 57,997 2,392,100
142 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
15.1 Other expenses (continued) March March 2019 2018 R R Skills development 102,972 116,447 Software maintenance 668,594 739,880 Telephone and faxes 13,015,021 14,229,140 Tools and equipment 1,808,924 1,678,502 Travel and subsistence 5,905,686 7,677,326 Travelling and sub–circuit court 469,287 316,566 Vehicle fuel 10,781,190 10,060,359 Vehicle maintenance 3,895,982 3,618,772 Vehicle tracking 1,116,154 1,085,508 Wide Area Network 16,883,625 16,533,814 Workmen's Compensation 1,246,938 1,045,677 Workshops 356,360 1,122,485 Computers – disaster recovery 67,008 63,532 Education and training Legal Development 534,076 1,026,903 Legal fees 1,334,437 1,614,301 Other expenses, not material individually 16,031,318 14,214,361 212,980,297 231,218,792 Other expenses include bank charges, public relations, bursaries, et cetera.
16. Reconciliation of actual amount in the Cash Flow Statement and Comparative Statement
The budget is approved on a cash basis by functional classifications. The approved budget covers the period from 01 April 2018 to 31 March 2019.
The budget and accounting basis differs. The financial statements are prepared on the accrual basis using a classification on the nature of expenses in the Statement of Financial Performance.
A reconciliation between the actual amounts on a comparable basis as presented in the Statement of Comparison of Budget and Actual Amounts in the Cash Flow Statement for the period ended 31 March 2019 has been presented below. The financial statements are prepared on an accrual basis and the budget is prepared on cash basis which creates a basis difference.
Operating Financing Investing Activities Activities Activities R R R Actual amount on comparable basis as presented in the SCBA 71,852,287 – (25,854,054) budget and actual comparative statement
Basis difference SFP (23,146,146) (627,568) 4,515,040
Actual amount in the Cash Flow Statement CFS 48,706,142 (627,568) (21,339,014) Surplus for the year (37,556,411) The budget was prepared on cash basis for the 2018–2019 financial year. The Statement of Profit and Loss and other comprehensive income includes both accruals and non–cash items.
142 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 143 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
17. Directors' emoluments 17.1 Directors – Non–executive March March 2019 2018 R R For services as Directors Name Comments Judge President D Mlambo Non-beneficial – – Adv. P du Rand Non-beneficial – – Judge M Makume Non-beneficial – – Ms N Mgadza 60,264 60,803 Prof. Y Vawda 61,236 72,784 Ms M Naidoo 106,717 84,755 Ms T Mhlungu 77,761 77,339 Ms A Rhoda (Remuneration Social and Ethics Committee member) 27,216 22,206 Mr W Scholtz (Board Exco and Audit Committee member) 34,992 30,863 Mr N Mvundlela 91,776 83,539 Mr M Leseilane 103,032 87,521 Mr L Mtshali (Legal Services Committee member) 66,096 31,323 Ms A Chowan 79,686 53,433 Ms E Emdon (Legal Services Committee member) 21,384 29,480 Mr R Theunissen (Audit Committee member) 24,592 18,262 Adv. M Odayan* 13,608 - Prof. W Gumede* 11,664 - Ms M Makgoba* 13,608 - 793,631 652,307
*New Board members appointed from 01 March 2019
17.2 Executive Management's Remuneration – For services as Executives March March 2019 2018 R R Bonus and Expenses/ Name Basic Salary Incentives Allowances Other Total Total Ms V Vedalankar – Chief 1,309,610 225,690 1,091,342 27,654 2,654,295 2,684,177 Executive Officer Dr J Makokoane – Chief 1,117,791 186,492 733,026 59,578 2,096,887 2,114,383 Operations Officer Ms R Hlabatau – Chief 1,140,544 233,444 244,726 170,291 1,789,004 1,806,119 Financial Officer Ms A Clark – Human 853,207 122,219 571,402 18,860 1,565,688 1,542,176 Resources Executive
144 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
March March 2019 2018 R R Bonus and Expenses/ Name Basic Salary Incentives Allowances Other Total Total Mr P Hundermark – Chief 1,299,272 182,587 388,750 191,928 2,062,537 2,007,580 Legal Executive Adv. B Nair – National 1,304,090 298,065 293,730 180,449 2,076,334 2,074,589 Operations Executive Mr MV Shabangu – 814,850 - 392,335 16,377 1,223,562 585,473 Communication Executive* Ms M Mahape–Marimo – - - - - - 330,709 Communication Executive* Mr T Mtati – Legal Executive 683,415 179,659 308,769 125,471 1,297,314 1,437,842 Mr V Mdaka – Provincial 995,408 202,410 212,036 161,813 1,571,668 1,582,902 Executive KZN Mr H Bambiso – Provincial 962,639 193,111 204,655 152,129 1,512,534 1,467,303 Executive EC Ms C Robertson – Provincial 853,207 191,385 497,704 18,860 1,561,157 1,586,570 Executive NC/WC Adv. W Lambley – Provincial 853,207 121,568 568,805 31,395 1,574,975 1,592,969 Executive GP Mr T Makamedi – Provincial 995,408 202,059 212,036 159,121 1,568,624 1,596,912 Excecutive FS/NW Ms M Kgabi – Provincial 948,416 186,570 213,619 176,449 1,525,053 1,470,215 Executive L/MP Mr S Mamotheti – Internal 803,885 117,543 523,756 30,913 1,476,097 1,447,896 Audit Executive Ms M Monwa – Information 789,074 176,052 460,293 17,603 1,443,022 1,392,760 Systems Executive 15,724,023 2,818,853 6,916,983 1,538,891 26,998,750 26,720,574
*Executives for part of the previous financial year (2017–2018)
18. Categories of financial instruments March March 2019 2018 R R Financial assets Category Cash and cash equivalents Cash 261,334,044 234,594,486 Deposits Financial instruments at amortised cost 1,608,460 1,557,170 Client trust account Financial instruments at amortised cost 60,374,953 56,498,805 Trade and other receivables Financial instruments at amortised cost 2,062,120 5,614,606
144 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 145 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
18. Categories of financial instruments March March 2019 2018 R R Financial liabilities Trade and other payables Financial instruments at amortised cost 92,338,829 93,050,742 Finance lease obligation Financial instruments at amortised cost 424,535 516,303
18.1 Risk Management
Sensitivity analysis risk
Legal Aid South Africa’s major source of revenue is a government grant and to a lesser extent, interest income depending on cash equivalents held. A major expense is on salaries which are fixed for the period under review.
18.2 Sensitivity analysis
Below are the recalculated financial assets and liabilities showing the effect of: • A one percentage point decrease or increase in the current account interest rate. • A one percentage point decrease or increase in trade and other payables account interest rate. • A one percentage point decrease or increase in trade and other receivables account interest rate.
Method used It is assumed the deceased estates funds and the rental deposit interest rate trend have a significant effect on the amounts recognised in surplus or deficit. A one percentage point change in the assumed deceased estates funds and rental deposit interest rate would have the following effects:
March March 2019 2018 (1%) 1% (1%) 1% R R R R Cash and cash equivalents (261,334,044) (2,613,340) (234,594,486) (2,345,945) Deposits (1,608,460) (16,085) (1,557,170) (15,572) Client trust account (60,374,953) (603,750) (56,498,805) (564,988) Trade receivables (2,062,120) (20,621) (5,614,606) (56,146)
1. Market risk Legal Aid South Africa is required by regulation to invest its short term funds in the Corporation for Public Deposits (CPD) which is a subsidiary of the South African Reserve Bank. It accepts call deposits from the public sector and invests the funds in short term money market instruments, special treasury bills and cash. Since the CPD's funds may be withdrawn on short notice, a pre–requisite is what investments are made mainly in short term assets and the CPD Board does not invest in any assets with a maturity of 1 and 3 years and at least 60% of all funds are invested in assets with a maturity of less than one month.
As all the short term funds of Legal Aid South Africa are invested in short term bank deposits, the issue of market risk does not arise or is normal.
2. Liquidity risk Liquidity risk is the risk that the organisation would not have sufficient funds available or may encounter difficulties in raising funds to meets its future commitments. This risk is regarded as low considering Legal Aid South Africa’s current funding structures and management of available cash resources.
146 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
March March 2019 2018 R R Receivables past due <3 months 217,784 81,991 3–6 months 1,844,336 701,977 6 months–1 year – – 1+ years – 4,830,639 2,062,120 5,614,606
Payables past due date
< 1 Year 1-2 Years 2-5 Years 5+ Years Total Trade and other payables Year 2019 91,535,210 803,619 – – 92,338,829 Client trust funds Year 2019 60,374,953 – – – 60,374,953 Finance lease obligation Year 2019 424,535 – – – 424,535
Trade and other payables Year 2018 88,564,871 4,485,871 – – 93,050,742 Client trust funds Year 2018 56,402,311 – – – 56,402,311 Finance lease obligation Year 2018 516,303 – – – 516,303
3. Interest rate risk The organisation is exposed to interest rate risk in respect of returns on investments with financial institutions and interest payable on finance leases contracted with outside parties. The organisation’s income and operating cash flows are substantially independent of changes in market interest rates. The organisation has no significant interest bearing assets other than liquid cash.
4. Credit risk Credit risk arises mainly from receivables and cash and cash equivalents. Legal Aid South Africa’s exposure to credit risk arises because of default of counterparties with maximum exposure equal to the carrying amount of these instruments. These risks are mitigated as follows:
March March 2019 2018 R R Receivables past due – 4,830,639
a) Cash and cash equivalents are placed with high credit quality financial institutions, thus rendering the credit risk with regard to cash and cash equivalents limited. b) Transactions are entered into with reputable institutions approved by National Treasury. c) With regard to accounts receivables, credit risk is limited by the fact that the organisation does not issue loans or raise debtors in its day to day business. d) Legal Aid South Africa does not offer credit facilities either to employees or any other person, except where a debtor may be raised due to advances on travel and subsistence.
146 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 147 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
19. Commitments March March 2019 2018 R R Judicare commitments 52,271,705 53,686,330
R52,2 million (2018: R53,6 million) committed expenditure related to the estimated value of instructions issued before year end where no accounts have been received. Refer to note 11 on Judicare provision.
March March 2019 2018 R R Computer hardware and IT support 4,203,896 2,699,813 Computer software 3,443,268 1,695,267 Computer maintenance 253,508 253,508 Impact Litigation 9,771,807 7,166,526 Signage and branding 20,310 75,501 Land and building – 11,258,553 Furniture and equipment 433,889 111,708 Leasehold improvements 4,929,985 1,523,947 Tools and equipment 1,839,043 19,161 Education and training 79,100 – Motor vehicles 9,164,632 2,226,739 Communication 380,129 331,205 Professional services 326,851 48,944 Printing and stationery 93,468 163,820 Building improvements 6,204,953 7,629,149 Moving costs 246,838 149,298 Maintenance – office equipment 334,337 – Maintenance – buildings 51,257 – Vehicle maintenance 9,516 – Computer software licences – 1,208,029 41,786,786 36,561,168
Legal Aid South Africa placed orders with suppliers before year end and the goods and services were not received on 31 March 2019.
Operating lease commitments Operating lease – Legal Aid South Africa as lessee
The future minimum lease payments under non–cancellable operating leases are as follows:
March March 2019 2018 R R Not later than 1 year 34,624,608 36,821,024 Later than 1 year and not later than 5 years 79,356,862 49,724,012 113,981,469 86,545,037
148 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
20. Surplus Fund linked to rollover
March March 2019 2018 R R 41,786,786 36,561,168
20.1 Rollover funding March March 2019 2018 R R Computer hardware and IT support 4,203,896 2,699,813 Computer software 3,443,268 1,695,267 Computer maintenance 253,508 253,508 Impact Litigation 9,771,807 7,166,526 Signage and branding 20,310 75,501 Land and building – 11,258,553 Furniture and equipment 433,889 111,708 Leasehold improvements 4,929,985 1,523,947 Tools and equipment 1,839,043 19,161 Education and training 79,100 – Motor vehicles 9,164,632 2,226,739 Communication 380,129 331,205 Professional services 326,851 48,944 Printing and stationery 93,468 163,820 Building improvements 6,204,953 7,629,149 Moving costs 246,838 149,298 Maintenance – office equipment 334,337 – Maintenance – buildings 51,257 – Vehicle maintenance 9,516 – Computer software licences – 1,208,029 41,786,786 36,561,168
20.2 Surplus Fund linked to accumulated surplus March March 2019 2018 R R 37,632,473 (2,831,865) In the 2018–2019 financial year, Legal Aid South Africa had a surplus of R37,5 million. The surplus can be attributed to management's stringent monitoring of the budget and expenditure incurred in order to avoid overspending the budget. This was after the budget cut of R92,8 million. Measures included the freezing of vacant positions and delays in filling vacant positions. The budget cut was subsequently reversed by National Treasury for the subsequent MTEF periods.
In the 2017–2018 financial year, Legal Aid South Africa had a deficit of R2,8 million. Legal Aid South Africa sourced R11,5 million from its own cash reserves, making sure that service delivery was not hampered. The sourced funding was not included under revenue in the Statement of Financial Perfomance, leading to the deficit.
148 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 149 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
21. Bad debts written off
March March 2019 2018 R R Bad debts written off 2,346,315 23,777
Bad debts written off include Judicare duplicate travel claims, untraceable/deceased debtors and those amounts which are uneconomical to pursue.
22. Fruitless and wasteful expenditure and irregular expenditure 22.1 Fruitless and wasteful expenditure R R R Amount of Amount of Amount of Fruitless and Fruitless Fruitless and Wasteful and Wasteful Wasteful Expenditure Expenditure Expenditure Recovered/ Not Reported Condoned Recovered Opening Balance 185 185 – In four (4) instances, Legal Aid SA Local Offices were charged penalties for late 392 252 140 payment of vehicle licence In one (1) instance, interest was paid on emergency services (ambulance) 397 397 – In one (1) instance, booking accommodation for a HoO was not cancelled in 1,015 – 1,015 time Total 6 1,804 649 1,155
Financial misconduct related to fruitless and wasteful Steps taken expenditure Six (6) incidences of financial misconduct which relate to In 3 instances monies were recovered and 1 verbal warning fruitless and wasteful expenditure were reported for the year issued and 1 counselling provided, 1 condoned and 1 instance under review. still being disputed by the alleged responsible person.
22.2 Irregular expenditure March March 2019 2018 R R Opening balance 7,172,457 4,097,716 Irregular expenditure relating to office rental 4,209,835 3,869,933 Irregular expenditure relating to other goods and services 550,824 69,097 11,933,116 8,036,746
Less: Amounts condoned 962,454 864,289 10,970,663 7,172,457
Less: Amounts recoverable (not condoned) – – Less: Amounts not recoverable (not condoned) – – Irregular expenditure awaiting condonation 10,970,663 7,172,457
150 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
22.2.1 Irregular expenditure office rental March March 2019 2018 R R In seven (7) instances, National Treasury approval was not obtained for contract extension/ 2,760,050 variations above 15% In six (6) instances, payments were made to suppliers for office rentals with no signed contract. The contracts were not signed due to the supplier not complying with relevant Supply Chain Management Policy. There was no alternative office accommodation 1,449,785 4,209,835
22.2.2 Irregular expenditure other goods and services In two (2) instances, there was no proof that a motivation to award the second lowest bidder 29,852 was prepared and approved In three (3) instances, goods and services were procured without deviation and three quotations 20,091 In eleven (11) instances, invalid quotations were considered for tender (date after closing date 238,817 of submission) In four hundred and ninety one (491) instances, the extension of security contract was not approved by the authorised personnel 219,644 In one (1) instance, the minimum threshold for local content was not specified in the bid specification 42,420
Total 521 4,760,659 –
Financial misconduct related to irregular expenditure Steps taken
Thirty (30) incidents of financial misconduct which relate to irregular 5 incidents were condoned and 25 incidents expenditure were reported for the year under review. are still waiting for approval.
Other instances related to irregular expenditure Steps taken
Four hundred and ninety one (491) incidents which relate to irregular 491 incidents relate to Sheriffs that are not expenditure were reported for the year under review. compliant on CSD. No employees were responsible for this irregular expenditure and condonation letters will be submitted for approval.
22.3 Financial misconduct related to non–compliance with Legal Aid SA Steps taken financial policies and procedures Two (2) incidents of financial misconduct related to non–compliance with In the 2 instances, 1 was given a written Legal Aid South Africa financial policies and procedures were reported for the warning and 1 a verbal warning. year under review. In all instances there was transgression of Legal Aid South Africa's financial policies and procedures.
150 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 151 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2019
NOTES TO THE ANNUAL FINANCIAL STATEMENTS (continued)
23. Related party disclosures All the parties that have the ability to control or exercise significant influence over Legal Aid South Africa in making financial and operating decisions were considered to be related parties of the organisation. Legal Aid South Africa operates under the umbrella of the Department of Justice and Constitutional Development and the relevant Executive Authority is the Minister of Justice and Correctional Services. The following entities are considered to be related parties due to common control:
National Prosecuting Authority Special Investigating Unit South African Human Rights Commission Public Protector Guardian's Fund President's Fund South African Board of Sheriffs Criminal Asset Recovery Account Council of Debt Collectors South African Law Reform Commission
The Legal Aid SA Polokwane Local Office and Mitchells Plain Satellite Office are making use of court buildings which are occupied by the Department of Justice, however no rental is charged for the office space allocated.
Remuneration paid to senior management as defined. Refer to note 17.2 above.
24. Prior Year Adjustments Legal Aid South Africa recalculated the depreciation for fittings and fixtures after realising that they were going to be fully depreciated before they reach 10 years. After the calculation it was then noticed that the depreciation was overstated by R220,302. Certain comparative figures have been restated to account for the depreciation which relates to the prior year's reporting period. The faces of the financial statements were not restated due to the amount being assessed as immaterial. The effect of the restatement is as follows:
Equity March 2019 Previously Reported Adjustments Restated Accumulated surplus 246,757,269 220,302 246,977,571
152 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 This Impact Litigation case involves the tragic loss of lives of mental health care users (due to starvation, dehydration, pneumonia, et cetera) who were moved from Life Esidimeni. The mental health care users (MHCUs) housed at Life Esidimeni were well taken care of and receiving good care and medication during the time the Gauteng Department of Health had a contract with about 5 hospitals of Life Esidimeni for many years, going as far back as 1976. However, on 29 September 2015, the Gauteng Department of Health decided to give a notice of termination of the contract it had with Life Esidimeni.
By February 2016, the Gauteng Department of Health decided to extend the existing contract it had with Life Esidimeni by only three months, from end March to end June 2016. Experts from the South African Society of Psychiatrists, the South African Depression and Anxiety Group and the family relatives of the MHCUs warned the Department (in the form of marches to the MEC’s office and to the Department’s offices, as well as meetings with Health Department officials) against the transfer of the patients away from Life Esidimeni. All the warnings were ignored by the officials of the Department as it went ahead with the termination of the contract it had with Life Esidimeni and hurriedly transferred patients in large numbers to various NGOs which were far away from communities, making it extremely difficult for some families to visit their relatives who were housed in these NGOs.
By end June 2016, about 1700 MHCUs were discharged from Life Esidimeni to the NGOs who did not have health care workers, clinicians, doctors, and without their medical files or medication. By August 2016 more than 76 patients had already died when the former MEC Qedani Mahlangu made an announcement at the Gauteng Legislature that 36 patients had died. In October 2016 the National Minister of Health instructed the Health Ombudsman to conduct an investigation into the circumstances which led to the death of the MHCUs in Gauteng during the Gauteng Mental Health Marathon Project.
On 1 February 2017 the Health Ombudsman released the long awaited report. The report, amongst other things, recommended that an Alternative Dispute Resolution (ADR/Arbitration) process should be established to determine equitable redress so that the families of the MHCUs who were negatively affected by the Gauteng Marathon Project can find closure. The ADR hearing was chaired by retired Deputy Chief Justice Dikgang Moseneke. The Legal Aid SA legal team was admitted by the Chair of the ADR to represent the survivors and their families at the hearing. Legal Aid SA also provided financial support to Section27, a non-governmental organisation working to protect the human rights of the indigent, which represented the families of the deceased at the hearing.
The ADR hearing commenced in October 2017 and ended up proceeding into early 2018. Legal Aid SA represented 67 clients; survivors and their families. The award, announced in March 2018 by retired Deputy Chief Justice Moseneke, affirmed Legal Aid SA's position that the MHCUs are utterly vulnerable. They are human beings and have constitutional rights (to dignity, access to health, right to life, et cetera) which must be respected and protected. This case set a precedent, as the first instance where constitutional damages were awarded. Legal Aid SA is very proud to have played a part in this dispute resolution process, and is pleased that the rights of the vulnerable have been recognised and upheld – as emphasised throughout this process, the dignity of the survivors was grossly violated, with Justice Moseneke stating that “every element of the Gauteng Marathon Project trampled on human dignity”. The award goes some way to correcting this terrible chapter in our country’s history. Legal Aid SA shall continue to monitor the State’s compliance with the award, and work towards ensuring that such a tragedy does not happen again.
152 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 153 PART G LEGAL AID SA CONTACT DETAILS
154 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
1. LEGAL AID SA NATIONAL OFFICE
29 De Beer Street Braamfontein Johannesburg 2017 South Africa
Private Bag X76 Braamfontein 2017
Docex 117, Johannesburg
Tel: +27 11 877 2000 Fax: +27 11 877 2222 Legal Aid Advice Line: 0800 110 110 Please Call Me number: 079 835 7179 Legal Aid SA Ethics Hotline: 0800 153 728 Website: www.legal-aid.co.za
Name Designation Email Address Judge Motsamai Makume Board Chairperson Ms Vidhu Vedalankar Chief Executive Officer [email protected] Dr Jerry Makokoane Chief Operations Officer [email protected] Adv. Brian Nair National Operations Executive [email protected] Mr Patrick Hundermark Chief Legal Executive [email protected] Mr Sethopo Mamotheti Internal Audit Executive [email protected] Ms Rebecca Hlabatau Chief Financial Officer [email protected] Mr Thembile Mtati Legal Executive [email protected] Ms Amanda Clark Human Resources Executive [email protected] Ms Mmantsha Monwa Information Systems Executive [email protected] Mr Victor Shabangu Communication Executive [email protected]
154 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 155 LEGAL AID SA CONTACT DETAILS
2. LEGAL AID SA PROVINCIAL MANAGEMENT
EASTERN CAPE PROVINCE
Standing, from left: Mr Phumlani Dlamkile (Graaff-Reinet HoO), Mr Lunga Marenene (Butterworth HoO), Ms Yolundi Ngxola- Tshona (Queenstown HoO), Mr Mandla Mngaza (King Williams Town HoO), Ms Netarie Verwey (Aliwal North HoO), Ms Wongiwe Makhenyane (Uitenhage HoO), Mr Hope Bambiso (Eastern Cape PE). Seated, from left: Ms Imkitha Salman-Beya (Grahamstown HoO), Ms Lynette Franklin (Port Elizabeth HoO), Ms Tobeka Maqwati (East London HoO).
FREE STATE/NORTH WEST PROVINCE
From left: Mr Aubrey Kunene (Vryburg HoO), Ms Anele Tshapa (Kroonstad HoO), Mr Puseletso Mokoena (Phuthaditjhaba HoO), Mr Cuma Siyo (Botshabelo HoO), Ms Charmain Smit (Rustenburg HoO), Mr Wouter de Villiers (Bethlehem HoO), Mr Tshotlego Makamedi (Free State/North West PE), Mr Moima Phakedi (Potchefstroom HoO), Ms Dimakatso Mkhari (Lichtenburg HoO), Mr Machini Motloung (Bloemfontein HoO), Ms Victoria Mophulane-Zilanda (Mafikeng HoO), Ms Melinda de Kock (Klerksdorp HoO), Ms Stefani de Villiers (Welkom HoO).
156 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
GAUTENG PROVINCE
Standing, from left: Ms Nelisa Soji (Alexandra HoO), Mr Stephen Mofokeng (Krugersdorp HoO), Advocate Elizabeth Nieuwoudt (Tembisa HoO), Mr Lungelo Mdletshe (Ga-Rankuwa HoO), Mr Mmeli Motsepe (Soweto HoO), Ms Flavia Isola (Pretoria HoO), Ms Silindile Hlatshwayo (Benoni HoO). Seated, from left: Ms Ncikazi Moahloli (Johannesburg HoO), Mr Thami Manaba (Vereeniging HoO), Advocate Wilna Lambley (Gauteng PE), Mr Michael Ramaphosa (Soshanguve HoO), Ms Aysha Gani (Germiston HoO).
KWAZULU-NATAL PROVINCE
Standing, from left: Mr Vis Nair (Pinetown HoO), Mr Sthembiso Khumalo (Ladysmith HoO), Mr Mandla Ntobela (Umlazi HoO), Mr Roger Jasson (Port Shepstone HoO), Mr Vela Mdaka (KwaZulu-Natal PE). Seated, from left: Ms Nomsa Nkosi (Durban HoO), Ms Lungile Magoso (Empangeni HoO), Ms Fathima Buckus (Newcastle HoO), Ms Nokuphiwa Nguqu (Pietermaritzburg HoO), Mr Sibuko Mashaba (Verulam HoO).
156 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 157 LEGAL AID SA CONTACT DETAILS
LIMPOPO/MPUMALANGA PROVINCE
From left: Mr Matthew Shongwe (Ermelo HoO), Mr Sipho Ndhlovu (Nelspruit HoO), Ms Mpho Kgabi (Limpopo/Mpumalanga PE), Mr Elton Makhadi (Makhado HoO), Ms Jacobeth Rampa (Middelburg HoO), Mr Evans Mabitsela (Witbank HoO), Ms Mercy Malola (Modimolle HoO), Mr Thomas Madzaga (Thohoyandou HoO), Ms Tsakani Maluleke-Sihlangu (Tzaneen HoO), Mr Thabo Ledwaba (Polokwane HoO).
NORTHERN CAPE/WESTERN CAPE PROVINCE
Standing, from left: Ms Ronelle Arendse (Bellville HoO), Mr Nelis du Plessis (Caledon HoO), Ms Zukiswa Mavuso (George HoO), Ms Nomawethu Mtebele (Athlone HoO), Ms Lizette Chetty (Acting Malmesbury HoO), Ms Liezel du Toit (Worcester HoO), Mr Joseph Bosealetse (Kimberley HoO), Mr Janus Roothman (Vredendal HoO), Mr Shawn Flowers (Stellenbosch HoO), Mr Elroy Machelm (Cape Town HoO). Seated, from left: Ms Lerato Maake (Colesberg HoO), Ms Nolitha Jali (Northern Cape/Western Cape PE), Ms Annemi Duursema- Joubert (Upington HoO).
158 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
3. LEGAL AID SA LOCAL OFFICES AND SATELLITE OFFICES
Table 23a: Legal Aid SA Local Offices
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number EASTERN CAPE PROVINCE 1 Aliwal North Ms Netarie Verwey PO Box 153 67 Somerset Street 051 633 2579 051 634 2662 Aliwal North Aliwal North 9750 9750
Docex 4 Aliwal North 2 Butterworth Mr Lunga Marenene PO Box 553 ECDC Building 047 491 0006 047 401 3809 Butterworth 24 High Street 4960 Butterworth 4960 Docex1 Butterworth 3 East London Ms Tobeka Maqwati PO Box 7570 33 Fleet Street 043 704 4700 043 722 3503 East London (Commissioner 5200 Street entrance) East London 5200 Docex 57 East London 4 Graaff-Reinet Mr Phumlani Dlamkile PO Box 326 64 Church Street 049 807 2500 049 892 6033 Graaff-Reinet Graaff-Reinet 6280 6280
Docex 3 Graaff-Reinet 5 Grahamstown Ms Imkitha Salman-Beya PO Box 105 69 High Street 046 622 9350 046 622 8873 Grahamstown Grahamstown 6140 6140
Docex 18 Grahamstown 6 King Williams Mr Mandla Mngaza PO Box 2323 Old Mutual Building 043 604 6600 043 642 4885 Town King Williams Town 2nd Floor 5600 corner Cathcart & Macclean Streets King Williams Town Docex 4 5601 King Williams Town
158 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 159 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number EASTERN CAPE PROVINCE 7 Mthatha Mr Myolisi Mahlombe PO Box 536 PRD Building 047 501 4600 047 531 4144 (Acting) Mthatha 98 Sutherland Street 5099 Mthatha 5099 Docex 13 Mthatha 8 Port Elizabeth Ms Lynette Franklin PO Box 27989 1 Uitenhage Road 041 408 2800 041 487 3335 Greenacres North End 6057 Port Elizabeth Docex 127 6001 Port Elizabeth 9 Queenstown Ms Yolundi Ngxola- PO Box 1398 Jeantel Building 045 807 3500 045 838 4620 Tshona Queenstown Erf 5273 5320 2 - 4 Shepstone Road Docex 28 Queenstown Queenstown 5319 10 Uitenhage Ms Wongiwe Makhenyane PO Box 459 32 - 36 Baird Street 041 991 1811 041 991 1814 Uitenhage Uitenhage 6230 6230
Docex 6 Uitenhage 11 Eastern Cape Mr Hope Bambiso PO Box 63799 5 Mangold Street 041 363 8863 041 363 1216 Provincial Provincial Executive Greenacres Newtown Park Office Port Elizabeth Port Elizabeth 6056 6001
Docex 131 Newton Park FREE STATE PROVINCE 1 Bethlehem Mr Wouter de Villiers PO Box 1324 24 corner 058 303 6824 058 303 6823 Bethlehem Commissioner & 9700 Naude Streets Bethlehem Docex 15 9700 Bethlehem 2 Bloemfontein Mr Machini Motloung PO Box 9899 Southern Plaza 051 447 9915 051 447 2106 Bloemfontein Building 9300 1st Floor 41 Charlotte Maxeke Docex 46 Street Bloemfontein Bloemfontein 9301
160 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number FREE STATE PROVINCE 3 Botshabelo Mr Cuma Siyo PO Box 6141 Re-A-Hola Shopping 051 534 1047 051 534 4930 Botshabelo Complex 9781 Shop No.1 Botshabelo Docex 001 9781 Botshabelo 4 Kroonstad Ms Anele Tshapa PO Box 2229 99 Murray Street 056 216 4800 056 212 4522 Kroonstad Kroonstad 9500 9501
Docex 12 Kroonstad 5 Phuthaditjhaba Mr Puseletso Mokoena Private Bag X831 FDC Office Block E 058 713 5000 058 713 5002 Witsieshoek corner Motloung & 9870 Setai Streets Phuthaditjhaba Docex 4 9866 Harrismith 6 Welkom Ms Stefani de Villiers PO Box 335 Archiquant Building 057 357 2847 057 357 1948 Welkom 8 Heeren Street 9460 Welkom 9460 Docex 1 Welkom NORTH WEST PROVINCE 7 Klerksdorp Ms Melinda de Kock PO Box 2793 19 Bram Fischer 018 464 3022 018 462 8607 Klerksdorp Street 2570 Klerksdorp 2570
Docex 9 Klerksdorp 8 Lichtenburg Ms Dimakatso Mkhari PO Box 1208 25 Bantjes Street 018 632 7600 018 632 7609 Lichtenburg Lichtenburg 2740 2740
Docex 7 Lichtenburg 9 Mafikeng Ms Victoria Mophulane- Private Bag X2125 3794 IEC Building 018 381 1096 018 381 5094 Zilanda Mafikeng Protea Office Park / 0211 2745 Sekame Road Mafikeng Docex 8 2745 Mafikeng
160 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 161 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number NORTH WEST PROVINCE 10 Potchefstroom Mr Moima Phakedi PO Box 1447 Royal Building 018 293 0045 018 297 7425 Potchefstroom 2nd Floor 2520 44 Dr James Moroka Street Docex 23 Potchefstroom Potchefstroom 2531 11 Rustenburg Ms Charmain Smit PO Box 2090 Albach Building 014 592 014 592 3187 Rustenburg 122 Beyers Naude 3185/6 0300 Drive Rustenburg Docex 31 0299 Rustenburg 12 Vryburg Mr Aubrey Kunene PO Box 652 71 Vry Street 053 927 0095 053 927 0119 Vryburg Vryburg 8601 8601
Docex 7 Vryburg 13 Free State/ Mr Tshotlego Makamedi PO Box 12798 Hydro Park Building 051 412 051 444 2386 North West Provincial Executive Brandwag 100 Kellner Street 8040/43 Provincial Bloemfontein Westdene Office 9300 Bloemfontein 9301 Docex 125 Bloemfontein GAUTENG PROVINCE 1 Alexandra Ms Nelisa Soji PO Box 1192 650 Louis Botha 011 786 8170 011 786 0862 Bramley Avenue 2018 Bramley Johannesburg 2018 Docex 5 Glenhazel 2 Benoni Ms Silindile Hlatshwayo PO Box 2972 Bedford Court 011 845 4311 011 420 2097 Benoni Building 1500 23 Tom Jones Street Benoni 1501 Docex 12 Benoni
162 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number GAUTENG PROVINCE 3 Ga-Rankuwa Mr Lungelo Mdletshe PO Box 23 222 Main Street 012 700 0595 012 700 1908 Ga-Rankuwa North Zone 15 0209 Ga-Rankuwa Industrial Docex 3 0208 Akasia 4 Germiston Ms Aysha Gani PO Box 4302 United House 011 842 7300 011,825 7987/ Germiston South 2nd & 3rd Floor 011 872 1534 1401 175 Meyer Street corner Meyer & Docex 23 Library Streets Germiston Germiston 1401 5 Johannesburg Ms Ncikazi Moahloli PO Box 62378 70 Fox Street 011 870 1480 011 838 6658 Marshalltown Marshalltown 2107 Johannesburg 2000 Docex 259 Johannesburg 6 Krugersdorp Mr Stephen Mofokeng PO Box 660 51 Burger Street 011 660 2335 011 660 2050 Krugersdorp Krugersdorp 1740 1739
Docex 19 Krugersdorp 7 Pretoria Ms Flavia Isola PO Box 1281 Steyn Towers 071 084 6750 No fax Pretoria 5th Floor 012 401 9200 available 0001 271 Pretorius Street Pretoria Docex 350 0001 Pretoria
The Legal Aid SA Newcastle Local Office represented clients that were charged with robbery with aggravating circumstances. They had been refused bail, and had been in custody for more than two years awaiting trial. Their trial was delayed because the witnesses failed to come to court to testify. The legal practitioner used a new section of the Correctional Services Act which provides that all Remand Detainees who are in custody for more than two years must be brought before the court and an enquiry must be conducted into the need to further keep them in custody. This section is intended to reduce the massive overcrowding experienced in our remand detention facilities. At the end of the enquiry, Legal Aid SA's clients were released on bail of R1000, and had their rights to be released on bail and freedom of liberty upheld.
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Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number GAUTENG PROVINCE 8 Soshanguve Mr Michael Ramaphosa PO Box 401 Medicross Centre 012 797 2721 012 797 2573 Soshanguve Stand No. 2093 0152 Block H Soshanguve Docex 5 0152 Pretoria North 9 Soweto Mr Mmeli Motsepe PO Box 392 Maponya Mall 011 938 3547 011 983 8220 Pimville Office 403 & 411A 1808 Chris Hani Road Klipspruit Docex 115 1809 Johannesburg 10 Tembisa Adv. Elizabeth Niewoudt PO Box 1725 Tembisa MegaMart 011 316 0164 011 316 0198 Tembisa Mall 1620 Shop 42 Botswana Road Docex 30 (Olifantsfontein Kempton Park Road) Tswelopelo Section Tembisa 1632 11 Vereeniging Mr Thami Manaba PO Box 3948 8 Jasmine Mansions 016 421 3527 016 421 4287 Vereeniging 28 Senator Marks 1930 Ave Vereeniging Docex 25 1938 Vereeniging 12 Gauteng Adv. Wilna Lambley PO Box 16237 Selborne Centre 012 664 2921 012 664 6920 Provincial Provincial Executive Lyttelton 2nd Floor Office 0157 144 Cantonments Road Docex 134 Lyttelton Pretoria Pretoria 0157 KWAZULU-NATAL PROVINCE 1 Durban Ms Nomsa Nkosi PO Box 4397 The Marine Building 031 304 0100 031 304 3564 Durban Ground Floor 4000 22 Dorothy Nyembe Street (formerly Docex 214 known as Gardiner Durban Street) Durban 4001
164 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number KWAZULU-NATAL PROVINCE 2 Empangeni Ms Lungile Magoso PO Box 38 Mazule House 035 792 4949 035 792 4954 Empangeni 7 Maxwell Street 3880 Empangeni 3008 Docex 18 Empangeni 3 Ladysmith Mr Sthembiso Khumalo PO Box 1181 PBS Building 036 638 2500 036 637 5036 Ladysmith 371 Murchison 3370 Street corner Murchison Docex 9 & Eggerton Streets Ladysmith (opposite Anderson Motors) Ladysmith 3370 4 Newcastle Ms Fathima Buckus PO Box 1850 65 Scott Street 034 328 7100 034 312 3426 Newcastle Newcastle 2940 2940
Docex 7 Newcastle 5 Pietermaritzburg Ms Nokuphiwa Nguqu Suite 173 183 Church Street 033 394 2190 033 342 2576 Postnet X9118 Pietermaritzburg Pietermaritzburg 3201 3200
Docex 64 Pietermaritzburg 6 Pinetown Mr Vis Nair PO Box 1006 ABSA Building 031 719 2700 031 701 5880 Pinetown 1st Floor 3600 1 Church Road Pinetown Docex 162 3600 Durban 7 Port Shepstone Mr Roger Jasson PO Box 50148 MB Centre 039 688 9600 039 682 5908 Port Shepstone 2nd Floor 4240 49 Aiken Street (opposite ABSA Docex 5 Bank) Port Shepstone Port Shepstone 4240
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Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number KWAZULU-NATAL PROVINCE 8 Umlazi Mr Mandla Ntobela PO Box 36265 V1332 031 918 8100 031 906 1477 Ntokozweni Ithala Industrial Park 4089 corner Mangosuthu Highway & Road Docex 1 1902 Umlazi Umlazi 4031 9 Verulam Mr Sibuko Mashaba PO Box 183 Ayesha Razak 032 533 2654 032 533 2651 Verulam Centre 4340 Suite 1 1st Floor Docex 380 23 Groom Street Durban Verulam 4340 10 Vryheid Mr Xolani Simango PO Box 852 116 Landrost Street 034 989 8300 034 989 8311 (Acting) Vryheid Vryheid 3100 3100
Docex 5 Vryheid 11 KwaZulu-Natal Mr Vela Mdaka PO Box 2489 Charter House 031 717 8450 031 702 1960 Provincial Provincial Executive Pinetown 7th Floor Office 3600 corner Crompton & Union Streets Docex 261 Pinetown Durban 3600 LIMPOPO PROVINCE 1 Makhado Mr Elton Makhadi PO Box 4591 Noor Gardens 015 519 1100 015 519 1103 Louis Trichardt corner Krogh & 0920 Devenish Streets Louis Trichardt Docex 8 0920 Louis Trichardt 2 Modimolle Ms Mercy Malola PO Box 4373 Nyl Sake Sentrum 014 717 4977 014 717 4980 Modimolle Shop 8 0510 Nelson Mandela Drive Docex 8 Modimolle Modimolle 0510
166 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number LIMPOPO PROVINCE 3 Polokwane Mr Thabo Ledwaba PO Box 1314 Polokwane High 015 291 2429 015 295 4386 Polokwane Court 0700 3rd Floor corner Bodenstein & Docex 24 Biccard Streets Polokwane Polokwane 0700 4 Thohoyandou Mr Thomas Madzaga PO Box 3550 Metropolitan 015 962 6206 015 962 6383 Thohoyandou Complex 0950 Shop 2 Thohoyandou Docex 3 0950 Thohoyandou 5 Tzaneen Ms Tsakani Maluleke- PO Box 2365 Tzaneen Crossing 015 307 3129 015 307 3113 Sihlangu Tzaneen Mall 0850 Office 220 - 237 corner Lydenburg & Docex 16 Skurving Streets Tzaneen Tzaneen 0850 MPUMALANGA PROVINCE 6 Ermelo Mr Matthew Shongwe PO Box 656 14 Joubert Street 017 819 7291 017 819 7270 Ermelo Ermelo 2350 2350
Docex 9 Ermelo 7 Middelburg Ms Jacobeth Rampa PO Box 827 5A Laver Street 013 243 5964 013 282 1235 Middelburg Middelburg 1050 1050
Docex 3 Middelburg 8 Nelspruit Mr Sipho Ndhlovu PO Box 5103 Nedbank Building 013 753 2154 013 755 1540 Nelspruit Room 806 1200 8th Floor 30 Brown Street Docex 31 Nelspruit Nelspruit 1200
166 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 167 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number MPUMALANGA PROVINCE 9 Witbank Mr Evans Mabitsela PO Box 4373 17 corner Botha & 013 656 5290 013 656 5291 Emalahleni Northey Streets 1035 Emalahleni 1035 Docex 51 Emalahleni 10 Limpopo/ Ms Mpho Kgabi PO Box 11237 No. 3 Cormar Park 015 296 0117 015 296 0102 Mpumalanga Provincial Executive Bendor Park Building Provincial 0713 Rhodes Drift Avenue Office Bendor Docex 56 Polokwane 0700 WESTERN CAPE PROVINCE 1 Athlone Ms Nomawethu Mtebele PO Box 166 Melofin Centre 021 697 5252 021 697 5316 Athlone 2nd Floor 7760 Klipfontein Road Athlone Docex 9 7764 Athlone 2 Bellville Ms Ronelle Arendse Van Der Stel 021 949 3062 021 949 2534 Building 2nd Floor 68 Durban Road Docex 70 Bellville Bellville 7535 3 Cape Town Mr Elroy Machelm PO Box 516 South African 021 426 4126 021 426 5766 Cape Town Reserve Bank 8001 Building 3rd Floor Docex 19 60 St Georges Mall Cape Town Cape Town 8001 4 George Ms Zukiswa Mavuso Tommy Joubert 044 802 8600 044 874 0779 Docex 27 Building George corner Craddock & Courtenay Streets George 6530 5 Caledon Mr Nelis du Plessis 22 Church Street 028 212 1815 028 212 1826 Docex 3 Caledon Caledon 7230
168 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23a: Legal Aid SA Local Offices (continued)
Legal Aid SA Telephone No Local Office Head of Office (HoO) Postal Address Physical Address Number Fax Number WESTERN CAPE PROVINCE 6 Malmesbury Ms Lizette Chetty (Acting) The Frank Building 022 482 1784 022 482 4449 1st Floor 47 Voortrekker Road Docex 6 Malmesbury Malmesbury 7300 7 Stellenbosch Mr Shawn Flowers PO Box 534 Eikestad Mall 021 882 9221 021 882 9237 Stellenbosch Office 201 7600 2nd Floor Bird Street Docex 38 Stellenbosch Stellenbosch 7600 8 Vredendal Mr Janus Roothman 9 Dorp Street 027 201 1030 027 213 2627 Docex 3 Vredendal Vredendal 8160 9 Worcester Ms Liezel du Toit WC Building 023 348 4040 023 348 4051 1st Floor corner High and Stockenstroom Streets Docex 1 Worcester Worcester 6850 NORTHERN CAPE PROVINCE 10 Colesberg Ms Lerato Maake 8 Campbell Street 051 753 2281 051 753 2284 Docex 4 Colesberg Colesberg 9795 11 Kimberley Mr Joseph Bosealetse PO Box 846 Pretmax Building 053 832 2348 053 832 2356 Kimberley 4 Sydney Street 8300 Kimberley 8301 Docex 4 Kimberley 12 Upington Ms Annemi Duursema- Postnet 100 11 Lutz Street 054 337 9200 054 337 9210 Joubert Private Bag X5879 Upington Upington 8800 8800
Docex 12 Upington 13 Northern Cape/ Ms Nolitha Jali Shiraz House 021 861 3000 021 886 8657 Western Cape Provincial Executive 2nd Floor Provincial Trumali Road Office Brandwacht Office Park Docex 23 Stellenbosch Stellenbosch 7600
168 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 169 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices
SATELLITE OFFICES No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number GAUTENG PROVINCE 1 Benoni 1 Nigel PO Box 2972 Kruger and Okes 011 814 5159 011 814 5259 Benoni 23 Kingsway Street 1500 Nigel 1491 Docex 12 2 Soweto 2 Westonaria None Elizabeth Centre 011 753 2604 011 753 2629 Shop 3 President Steyn Street Westonaria 1779 3 Vereeniging 3 Heidelberg PO Box 3948 Eslin Building 016 341 4430 016 341 4430 Vereeniging Portion 4 1930 24 Uekerman Street Heidelberg Docex 25 1441 Vereeniging LIMPOPO PROVINCE 4 Makhado 4 Musina PO Box 4591 Stand No. 2110 015 533 1691 015 533 1692 Louis Trichardt Nkhata Cresent 0920 Street Nancefield Extension 5 Musina 0900 5 Modimolle 5 Lephalale PO Box 17 Stamax Building 014 763 1433 014 763 1437 Lephalale 1st Floor 0555 2 Booysen Street Lephalale 0555
In spite of the establishment of a dedicated environmental police unit popularly known as the ‘Green Scorpions’, prosecutions for contraventions of environmental protection legislation are few and far between. It was a rare novelty when the Legal Aid SA Kuruman Satellite Office was called upon to represent three clients who were charged with dealing in protected species. They were arrested when they tried to sell a pangolin (referred to locally as a ‘Ietermagog’) to a local pet shop. The pangolin is a very rare animal that hardly ever comes in contact with humans. This animal is associated with mythology and African traditional belief systems. Our clients’ instructions were that one of their goats had a kid, which was found dead. They were investigating the death of the kid when they came across the pangolin and decided to catch it, rather than kill it. According to Legal Aid SA's clients, they had no knowledge that this was a protected species and that it was a criminal offence to possess or deal in it. Legal Aid SA ensured that their right to a fair trial was made a reality.
170 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number LIMPOPO PROVINCE 6 Polokwane 6 Bochum PO Box 1314 Shalas Complex 015 505 015 505 9030 Polokwane Block B2 9031/2 0700 Main Street Senwabarwana Docex 24 0790 Polokwane 7 Lebowakgomo PO Box 1314 Old Mutual Building 015 633 7636 015 633 7704 Polokwane 1st Floor 0700 Lebowakgomo 0737 Docex 24 Polokwane 8 Mokopane PO Box 1314 58 Rabe Street 015 491 4461 015 491 4759 Polokwane Rayveen Complex 0700 Mokopane 0626 Docex 24 Polokwane 7 Tzaneen 9 Giyani PO Box 2365 Old Mutual Building 015 812 3065 015 812 3697 Tzaneen Ground Floor 0850 Giyani Main Road Giyani 0826 10 Phalaborwa PO Box 2365 Shop No. 4 015 781 0960 015 781 0976 Tzaneen 32 Wildevey Street 0850 Phalaborwa 1390 KWAZULU-NATAL PROVINCE 8 Empangeni 11 Ingwavuma PO Box 38 Kosibay Hot Chicken 035 591 0950 035 591 0907 Empangeni Complex 3880 Shop No. 4 Skhemelele 3968 12 Mkuze PO Box 38 Mkuze Plaza 035 573 1655 035 576 1656 Empangeni Shop 22F 3880 Old Main Road Mkuze 3974 9 Ladysmith 13 Estcourt PO Box 1010 Shop No. 1 036 352 1997 036 352 1998 Estcourt 127 Albert Street 3310 Estcourt 3310 10 Newcastle 14 Dundee PO Box 1850 Unit 13 034 212 4460 034 212 4351 Newcastle 56 Smith Street 2940 Dundee 3000
170 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 171 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
SATELLITE OFFICES No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number KWAZULU-NATAL PROVINCE 11 Pietermaritzburg 15 Bulwer Suite 173 Stavcom Building 039 832 039 832 0518 Postnet X9118 Shop 5 0515/6 Pietermaritzburg Main Road 3200 Bulwer 3244 16 Greytown Suite 173 Shop No. 1 033 417 2146 033 417 2146 Postnet X9118 40 Bell Street Pietermaritzburg Greytown 3200 3250 12 Port Shepstone 17 Ixopo PO Box 33 Shop No. 3 039 834 9392 039 834 2967 Ixopo Margaret Street 3276 Ixopo 3276 18 Kokstad PO Box 50148 29 Barker Street 039 727 5081 039 727 5082 Port Shepstone Kokstad 4240 4700 13 Umlazi 19 Umzinto PO Box 186 Hypersingh Centre 039 974 4591 039 974 4591 Umzinto Office A11 4200 corner Court & Textile Roads Umzinto 4200 14 Verulam 20 Stanger PO Box 183 Stanger Mall 032 551 3740 032 551 3957 Verulam Suite 1 4340 55 King Shaka Street Stanger 4450 15 Vryheid 21 Ulundi PO Box 852 Fairbreeze Office 035 870 0832 035 870 3108 Vryheid Park 3100 Princess Magogo Street Ulundi 3838
172 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number MPUMALANGA PROVINCE 16 Ermelo 22 Eerstehoek PO Box 112 Stand Number 88 017 883 7931 017 883 0118 Elukwatini Nhlazatshe G 1192 Elukwatini 1192 23 Piet Retief PO Box 809 14 Kruger Street 017 826 4567 017 826 2725 Piet Retief Piet Retief 2380 2380 24 Standerton PO Box 1321 Times Square 017 712 5928 017 712 5963 Ermelo Building 2430 Office No. 7 48 Charl Cilliers Street Standerton 2429 17 Middelburg 25 Groblersdal PO Box 827 Eldoland Building 013 262 4770 013 262 4768 Middelburg 7 Voortrekker Street 013 262 4769 1050 Groblersdal 0470 26 Siyabuswa PO Box 827 1664 A. Maqhawe 013 973 3963 013 973 3461 Middelburg Street 1050 Siyabuswa 0472 18 Nelspruit 27 Stutterheim PO Box 2323 75 Hill Street 043 683 2973 043 683 1093 King Williams Town Stutterheim 5600 4930
Docex 4 King Williams Town 28 Bushbuckridge PO Box 2357 Protea Building 013 799 1832 013 799 1835 Bushbuckridge R40 Road 1280 Bushbuckridge 1280 29 Tonga PO Box 1021 Stand 77 082 725 0729 017 634 8532 Kwalugedlane Tonga View 1341 N/A 19 Witbank 30 Kwa-Mhlanga PO Box 4373 Erf 538/7 013 947 3379 013 947 3498 Emalahleni Kwa-Mhlanga 1035 Bankview 1022 31 Secunda PO Box 7630 Old Mutual Building 017 634 8532 017 634 6571 Secunda 2nd Floor 2302 Horwood Street Secunda Complex Secunda Docex 8 2302 Secunda
172 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 173 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
SATELLITE OFFICES No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number EASTERN CAPE PROVINCE 20 Aliwal North 32 Sterkspruit PO Box 153 79 Main Road 051 611 0348 051 611 0349 Aliwal North Sterkspruit 9750 9762 21 Graaff-Reinet 33 Cradock PO Box 584 Market Square 048 881 4867 048 881 2275 Cradock Adderley Street 5880 Cradock 5880 Docex 3 Graaff-Reinet 34 Somerset East PO Box 448 Visser Centre 042 243 0610 042 24 33 048 Somerset East 12 Nojoli Street 5850 Somerset East 5850 Docex 3 Graaff-Reinet 22 Grahamstown 35 Fort Beaufort PO Box 487 37 Henrietta Street 046 645 2270 046 645 1318 Fort Beaufort Fort Beaufort 5720 5720
Docex 18 Grahamstown 23 King Williams 36 Stutterheim PO Box 2323 75 Hill Street 043 683 2973 043 683 1093 Town King Williams Town Stutterheim 5600 4930
Docex 4 King Williams Town 24 Mthatha 37 Bizana PO Box 536 159 Main Street 039 251 0098 039 251 0098 Mthatha Bizana 5099 4800
Docex 13 Mthatha 38 Lusikisiki PO Box 536 Embassy Building 039 253 1442 039 253 1442 Mthatha Office No. 9 & 10 5099 AMCA Road Lusikisiki Docex 13 5099 Mthatha 39 Mount Frere PO Box 536 Erf 339 039 255 1473 039 255 1473 Mthatha Hospital Road 5099 Mount Frere 4870 Docex 13 Mthatha
174 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number EASTERN CAPE PROVINCE 25 Port Elizabeth 40 Humansdorp PO Box 393 Tredalux Building 042 295 2794 042 295 2768 Humansdorp 23 Main Street (at 6300 the rear) Humansdorp Docex 127 6300 Port Elizabeth 26 Queenstown 41 Elliot PO Box 1398 18 Market Street 045 9311 984 045 9311 986 Queenstown Elliot 5320 5460
Docex 28 Queenstown 27 Uitenhage 42 Kirkwood PO Box 459 32B John Street 042 230 0713 042 230 0679 Uitenhage Kirkwood 6230 6120
Docex 6 Uitenhage WESTERN CAPE PROVINCE 28 Athlone 43 Mitchells Plain PO Box 1566 Mitchells Plain Court 021 370 4220 No fax Athlone Mitchells Plain available 7760 7785
Docex 9 Athlone 29 Caledon 44 Swellendam 67 Voortrekker Street 028 514 3026 028 514 2674 Docex 3 Swellendam Caledon 6470 30 George 45 Beaufort West 102 Bird Street 023 415 1689 023 414 3162 Docex 27 Beaufort West George 6970 46 Oudtshoorn Allied Building 044 279 2255 044 279 2558 Room 302, 303 & 304 Kerk Street Docex 27 Oudtshoorn George 6625 47 Riversdale 17 Heidelberg Road 028 713 4620 028 713 4621 Docex 27 Riversdale George 6670
174 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 175 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
SATELLITE OFFICES No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number WESTERN CAPE PROVINCE 31 Malmesbury 48 Atlantis Drosdy Centre 021 572 8522 022 482 4449 Wesfleur Circle Docex 6 Atlantis Malmesbury 7349 49 Vredenburg Standard Bank 022 713 1006 022 713 1007 Building 1st Floor Main Street Docex 6 Vredenburg Malmesbury 7380 32 Vredendal 50 Calvinia 20 Hantam Street 027 341 2240 027 341 2264 Docex 3 Calvinia Vredendal 8190 51 Springbok Sten Centre 027 718 2449 027 718 2453 17 van Riebeeck Street Docex 3 Springbok Vredendal 8240 NORTHERN CAPE PROVINCE 33 Colesberg 52 De Aar 47 Church Street 47 Church Street 053 631 1950 053 631 1321 De Aar De Aar 7000 7000
Docex 4 Colesberg 53 Victoria West 14 Church Street 14 Church Street 053 621 0039 053 621 0037 Victoria West Victoria West 7070 7070
Docex 4 Colesberg 34 Kimberley 54 Hartswater PO Box 846 21 Tom Naude 053 474 0341 053 474 0312 Kimberley Street 8300 Hartswater 8570 Docex 4 Kimberley
176 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SA CONTACT DETAILS
Table 23b: Legal Aid SA Satellite Offices (continued)
No Legal Aid SA No Legal Aid SA Postal Address Physical Address Telephone Fax Number Local Office Satellite Office Number NORTHERN CAPE PROVINCE 35 Upington 55 Kuruman Private Bag X5879 3 Federale Mynbou 053 712 3782 053 712 3783 Upington Street 8800 Kuruman 8460 Docex 12 Upington 56 Postmasburg 22 Boe Street 22 Boe Street 053 313 3642 053 313 3642 Postmasburg Postmasburg 8420 8420
Docex 12 Upington 57 Prieska PO Box 422 29 Loots Boulevard 053 353 1184 No fax Prieska Prieska available 8940 8940
Docex 12 Upington NORTH WEST PROVINCE 36 Klerksdorp 58 Wolmaranstad Kruger Mall Kruger Mall 018 596 2775 018 596 1004 12 Kruger Street 12 Kruger Street Wolmaranstad Wolmaranstad 2630 2630 37 Lichtenburg 59 Delareyville PO Box 918 49 Government 053 948 1092 053 948 1182 Delareyville Street 2770 Delareyville 2770 38 Potchefstroom 60 Carletonville PO Box 1447 49 A. van Zyl & Smit 018 787 2346 018 787 2346 Potchefstroom Streets 2520 Oberholzer 2502 FREE STATE PROVINCE 39 Botshabelo 61 Ladybrand PO Box 6141 23 Piet Retief Street 051 924 0350 051 924 0360 Botshabelo Office 2 9781 Terblanche 9745 40 Bethlehem 62 Ficksburg None 15 Erwee Street 051 933 3061 051 933 4086 Ficksburg 9730 63 Frankfort None 33 J.J. Hadebe 058 813 1624 058 813 2171 Street Frankfort 9830 41 Phuthaditjhaba 64 Vrede PO Box 716 55 corner Kerk & 058 913 3521 058 913 3579 Vrede Ras Streets 9835 Vrede 9835
176 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 LEGAL AID SOUTH AFRICA INTEGRATED ANNUAL REPORT 2018-2019 177 Legal Aid House 29 De Beer Street, Braamfontein, Johannesburg, 2017, South Africa Private Bag X76, Braamfontein, 2017 Telephone +27 11 877 2000 Ethics Hotline 0800 153 728 Legal Aid Advice Line 0800 110 110 Please Call Me 079 835 7179 Email [email protected] Website www.legal-aid.co.za Twitter and Facebook @LegalAidSA1 RP 95/2019 ISBN: 978-0-621-47222-6