egal Aid Your voice. For justice. Independent and within reach.

Annual Report || 2012-2013 “Ensuring the best interests of children in criminal and civil matters.”

Legal Aid South Africa || Annual Report || 2012-2013 egal Aid South Africa Your voice. For justice. Independent and within reach.

www.legal-aid.co.za

Vision n A South Africa in which the rights enshrined in the Constitution are realised and upheld and responsibilities are complied with to ensure equality, justice and quality of life for all.

Mission n To be a leader in the provision of accessible, sustainable, ethical, independent and quality legal services to the poor and vulnerable.

Values n Passion for Justice n Ubuntu n Integrity n Accountability n Service Excellence n People Centred Development

Legal Aid South Africa || Annual Report || 2012-2013 Contents

a. GENERAL INFORMATION 8. Internal Audit and Audit and Risk Committee 76 1. Legal Aid South Africa General Information 02 9. Compliance with Laws and Regulations 78 2. Scope and boundary of the annual report 04 10. Fraud and Corruption 79 3. Strategic Overview 05 11. Minimising Conflict of Interest 79 3.1 Vision 05 12. Code of Conduct 79 3.2 Mission 05 13. Health Safety and Environmental Issues 80 3.3 Values 05 14. Board Secretary 80 3.4 Strategic outcome orientated goals 05 15. Stakeholder Report 80 4. Legislative and other Mandates 07 16. Sustainability Report 86 4.1 Constitutional Mandate 07 17. Social Responsibility 88 4.2 Legislative Mandate 07 16. Audit and Risk Committee Report 88 4.3 Public Finance Management Act (PFMA) 08 5. Organisational Structure 09 D. HUMAN RESOURCES MANAGEMENT 6. Foreword by the Board Chairperson 13 1. Introduction 91 7. Chief Executive Officer’s Overview 17 1.1 Overview of Human Resources matters at the public entity 91 B. PERFORMANCE INFORMATION 1.2 Set Human Resources priorities for the year under review and the impact of these 1. Statement of Responsibility for Performance priorities 91 Information 23 1.3 Workforce planning framework and key 2. Auditor’s Report: Predetermined Objectives 24 strategies to attract and recruit a skilled 3. Overview of Legal Aid South Africa’s and capable workforce 92 Performance 24 1.4 Employee Performance Management 3.1 Service Delivery Environment 24 Framework 92 3.2 Organisational Environment 25 1.5 Employee Wellness Programmes 93 3.3 Key Policy Developments and 1.6 Policy developments 93 Legislative Changes 25 2. Human Resource Oversight Statistics 94 3.4 Strategic Outcome Oriented Goals 25

4. Performance Information by Programme 25 E. FINANCIAL INFORMATION 5. Summary of Financial Information 66 1. Statement of Responsibility 105 2. Report of the Chief Executive Officer 105 C. GOVERNANCE 3. Report of the Auditor-General to Parliament 108 1. Introduction 69 4. Annual Financial Statements 110 2. Portfolio Committee 69 3. Executive Authority 69 F. COMPANY INFORMATION AND 4. The Accounting Authority (Board) 69 CONTACT DETAILS 5. Risk Management 74 1. Regional Management 147 6. IT Governance 75 2. Contact Details 150 7. Internal Control Unit 76

Legal Aid South Africa || Annual Report || 2012-2013 List of tables

Table 1 Abbreviations and Acronyms 03 Table 2 Organisational Structure 09 Table 3 Composition of Executive Management 10 Table 4 Legal Aid South Africa Corporate Dashboard 2012-2013 26 Table 5 Annual Performance Report 36 Table 6 Composition of the Board 71 Table 7 Board Committees’ Membership 74 Table 8 Summary of audit work done by Internal Audit 77 Table 9 Details of the Audit and Risk Committee members and their attendance of meetings 77 Table 10 Number of reasons for refusal of requests for information 78 Table 11 Compliance with Global Sustainability Reporting Initiative (GSRI) 79 Table 12 Engagement with Stakeholders 82 Table 13 Personnel cost by business unit 94 Table 14 Personnel cost by salary band 96 Table 15 Performance rewards 97 Table 16 Training costs 97 Table 17 Employment and vacancies per region 100 Table 18 Employment and vacancies per critical occupation 100 Table 19 Employment changes 101 Table 20 Reasons for staff leaving 101 Table 21 Labour relations: Misconduct and disciplinary action 102 Table 22 Equity target and employment equity status 102 Table 23 Contact details 150

Legal Aid South Africa || Annual Report || 2012-2013 1 A. 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 2017 South Africa

Postal Address: Private Bag X76 Braamfontein 2017

Telephone Number: 027 11 877 2000

Fax Number: 027 11 877 2222

Email Address: [email protected]

Website Address: http://www.legal-aid.co.za

External Auditors: Nolands (Appointed by the Auditor-General South Africa) Lobelia Office Park 670 Lobelia Street Moreleta Park Pretoria 0141

Bankers: First National Bank 92-94 Jorissen Street Braamfontein 2017

Acting Board Secretary: Ms Lesleigh Timothy

2 Legal Aid South Africa || Annual Report || 2012-2013 Table 1: Abbreviations and 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.

ADR Alternative Dispute Resolution JC(s) Justice Centre(s) AFS Annual Financial Statements JEG Job Evaluation and Grading AG Auditor-General KPI(s) Key Performance Indicator(s) ATD Awaiting Trial Detainees LAA Legal Aid Act ATJ Access To Justice LAG Legal Aid Guide ATP Awaiting Trial Prisoners LAN Local Area Network BAC Bid Adjudication Committee LDD Legal Development Department BCP Business Continuity Plan LQA Legal Quality Assurance BI Business Intelligence LQAU Legal Quality Assurance Unit BP Business Plan LSM Living Standards Measure CA(s) Candidate Attorney(s) LSSA Law Society of South Africa CARP Capital Asset Replacement Programme MAR Matter Activity Report CAT Children Awaiting Trial MIS Management Information System CBO Community Based Organisation MTEF Medium Term Expenditure Framework Commission for Conciliation, Mediation and National Alliance for the Development of CCMA NADCAO Arbitration Community Advice Offices CJR Criminal/Civil Justice Review NGO Non-Governmental Organisation CJS Criminal Justice System NPA National Prosecuting Authority DC District Court NT National Treasury Department of Justice and Constitutional DoJ OCP Organisational Culture Programme Development EA Executive Authority PA(s) Professional Assistant(s)/Principal Attorney(s) ERP Enterprise Resource Planning PFMA Public Finance Management Act EVP Employee Value Proposition QA Quality Assurance FBO Faith Based Organisation RC Regional Court GCB General Council of the Bar RCP Regional Communications Practitioner GRAP Generally Recognised Accounting Practice RFAM Regional Finance Administration Manager HC High Court RLM Regional Legal Manager HCU High Court Unit ROE Regional Operations Executive HDI Human Development Index ROI Return on Investment HR Human Resources SCM Supply Chain Management ICT Information and Communications Technology SO Satellite Office IFRS International Financial Reporting Standards SOP Standard Operating Procedure IS Information Services SPA Supervisory Professional Assistant IT Information Technology VOIP Voice Over IP JC Justice Centre VPN Virtual Private Network JCE Justice Centre Executive WAN Wide Area Network

Legal Aid South Africa || Annual Report || 2012-2013 3 A. 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 2012 to 31 March 2013. The integrated annual report has been prepared according to Generally Recognised Accounting Principles (GRAP), the requirements of the Public Finance Management Act (No 1 of 1999) (PFMA), the recommendations of King lll and the National Treasury Guide on the preparation of the Annual Report for Public Entities.

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 report. The Board has accordingly applied its mind to the integrated report and in the opinion of the Board, the integrated report addresses all material issues, and presents fairly the integrated performance of the organisation and its impacts. The integrated report has been prepared in line with best practice pursuant to the recommendations of the King III Code (principle 9.1).

The annual report was approved by the Board of directors on 27 July 2013 and signed on their behalf by:

Vidhu Vedalankar Chief Executive Officer Legal Aid South Africa

Judge President Dunstan Mlambo Chairperson Legal Aid South Africa

4 Legal Aid South Africa || Annual Report || 2012-2013 3. Strategic Overview (iv) Effective sustained stakeholder partnerships able to jointly increase access to justice as The Legal Aid South Africa Strategic Plan 2012- well as to support other external developing 2017 was approved by the Board, submitted to the legal aid organisations Executive Authority in January 2012 and approved (v) Delivering on our constitutional and statutory in March 2012. shareholder mandate in an independent,

accountable and sustainable manner 3.1 Vision A South Africa in which the rights enshrined in OUTCOME 2: Respected, high performance, the Constitution are realised and upheld and sustainable, accessible public entity impacting responsibilities are complied with to ensure equality, positively on society, the economy and the justice and quality of life for all. environment. 3.2 Mission Objectives To be a leader in the provision of accessible, sustainable, ethical, independent and quality legal (vi) Financial and non-financial sustainability services to the poor and vulnerable. impacting positively on society, the economy and the environment 3.3 Values (vii) Good governance practices enabling high performance and accountability (i) Passion for Justice (viii) A recognised, respected, independent and (ii) Ubuntu acclaimed legal aid brand (ix) Delivery and business processes that (iii) Integrity are client focused, efficient, effective and (iv) Accountability sustainable (x) An effective and efficient, economic and (v) Service Excellence environmentally responsive supply chain (vi) People Centred Development management system supporting client services delivery and internal business processes 3.4 Strategic outcome orientated goals (xi) Management information that is accurate, The organisation’s outcomes and objectives over reliable and timeous 2012-2017 will be: (xii) An expanded and capacitated/resourced national footprint reaching the poor and OUTCOME 1: Quality justice for all, focusing vulnerable persons requiring legal assistance (xiii) Committed, competent and dedicated on the poor and vulnerable. employees empowered to deliver the organisation’s mandate and strategies Objectives (xiv) A learning and flexible organisation growing (i) Empowered clients and communities making its own knowledge base to optimise informed choices about their legal rights and performance responsibilities (xv) An organisation based on a people centred (ii) All poor and vulnerable persons able to culture access quality public funded legal services (xvi) An Employee Value Proposition able to to protect and defend their rights recruit and retain the best talent to deliver the (iii) An accessible, effective and efficient justice organisation’s mandate/strategies system serving all in South Africa

Legal Aid South Africa || Annual Report || 2012-2013 5 A. GENERAL INFORMATION

(xvii) A values-based and ethical leadership (xiv) Maintaining a mixed-model legal aid delivery inspiring and harnessing the contribution system of employees for sustainable performance (xv) Building organisational models/structures to geared to serve clients’ needs optimise performance and delivery of legal/ (xviii) A modern, integrated, secure and effective support services IT platform facilitating client services and (xvi) Maintaining strong financial management linkages and enabling internal business and Supply Chain Management needs (xvii) Maintaining a regulatory framework incorporating best practices The following Strategies will be implemented to (xviii) Developing and enhancing accurate and achieve the outcomes and objectives: reliable Management Information Systems (i) Delivering client-focused legal aid, including (xix) Expanding and capacitating the national to vulnerable groups, in criminal matters footprint to increase points of access to (ii) Delivering client-focused legal aid, including legal aid services and new forms of access, to vulnerable groups, in civil matters especially in rural areas (iii) Delivering client-focused primary legal advice (xx) Developing and expanding the legal quality services and expertise for each segment of the (iv) Delivering client-focused impact legal aid national footprint services (xxi) Developing talent and improving (v) Developing new and alternative methods of competencies to serve business needs increasing access to justice and integrating competencies into related (vi) Contributing to the effective functioning of programmes the justice and legal sector (xxii) Leveraging institutional knowledge to remain (vii) Implementing community education/outreach smart and effective programmes (xxiii) Strengthening and stimulating the (viii) Forging stakeholder partnerships to jointly development of a people centred values- increase access to justice based culture (ix) Accounting to the Department of Justice and (xxiv) Developing and implementing an Employee Constitutional Development and Parliament Value Proposition able to recruit and retain on delivery of mandate, governance and the best talent and culture fit sustainability (xxv) Developing values-based and authentic (x) Increasing financial sustainability leadership to ensure sustained high (xi) Increasing sustainable (non-financial) performance in order to deliver on our performance mandate (xii) Maintaining and enhancing good governance (xxvi) Building an integrated, stable and reliable IT (xiii) Strengthening and growing a sustainable platform serving clients’ needs and internal recognised brand business needs

6 Legal Aid South Africa || Annual Report || 2012-2013 4. Legislative and other Mandates Section 3 Objects and General Powers of the Board: “The objects of the board shall be to render Legal Aid South Africa derives its mandate from the or make available legal aid to indigent persons and Constitution of the Republic of South Africa (Act 108 to provide legal representation at state expense as of 1996), the Legal Aid Act (Act 22 of 1969) and contemplated in the Constitution, and to that end the other legislation. board shall, in addition to any powers vested in it by the Act, have power – 4.1 Constitutional Mandate [s.3 amended by s.1(a) of Act No 20 of 1996 The Constitution of RSA (Act 108 of 1996) with effect from 17 October 1997] Section 35(2) “Everyone who is detained, including every sentenced prisoner, has the right – (a) to obtain the services of legal practitioners (a) … (b) to purchase or otherwise acquire or to hold (c) to have a legal practitioner assigned to or alienate any movable property or, with the the detained person by the state and approval of the Minister acting in consultation at state expense, if substantial injustice with the Minister of Finance, any immovable would otherwise result, and to be property informed of this right promptly; …” (c) to hire or let any movable or immovable property Section 35(3) “Every accused person has a right to (d) to fix conditions subject to which legal aid a fair trial, which includes the right – is to be rendered, including conditions in (a) … accordance with which any rights in respect (g) to have a legal practitioner assigned to of costs recovered or recoverable in any the accused person by the state and at legal proceedings or any dispute in respect state expense, if substantial injustice of which the aid is rendered, shall be ceded would otherwise result, and to be to the board, and conditions relating to the informed of this right promptly; …” payment of contributions to the board by persons to whom legal aid is rendered Section 28(1) “Every child has the right, [Para. (d) substituted by s.1 of Act No 47 of (a) … 1989.] (h) to have a legal practitioner assigned (dA) to provide, subject to section 3A(3), to the child by the state, and at state legal representation at State expense as expense, in civil proceedings affecting contemplated in section 25(1)(c) and (3)(e), the child, if substantial injustice would read with section 33(2), of the Constitution, otherwise result; …” where substantial injustice would otherwise result 4.2 Legislative Mandate [Para. (dA) inserted by s.1(b) of Act 20 of 1996 with effect from 1 May 2002] 4.2.1 Legal Aid Act 22 of 1969 as amended (e) to do all such things and perform all such (Assented on 14 March 1969; Date of functions as may be necessary for or Commencement 26 March 1969) incidental to the attainment of the objects of the board “To provide for legal aid for indigent persons and for that purpose to establish a Legal Aid Board and to define its functions; and to provide for incidental matters.”

Legal Aid South Africa || Annual Report || 2012-2013 7 A. GENERAL INFORMATION

4.2.2 Other Legislation impacting on delivery of All other proposed legislation or proposed legal aid amendments to legislation, so far as they impact on Legal Aid South Africa’s mandate and/or clients’ The following laws also require the government to rights, are monitored and commented on as part provide legal assistance to the indigent: of the legal research agenda. This is to ensure (i) Criminal Procedure Act (Sections 73, that clients’ rights are protected and the mandate 309, 309B, 309C, 309D & 316) – Legal of Legal Aid South Africa is not extended without Representation in Trials and Appeals concomitant funding. (ii) The Child Justice Act (Section 82(1) & 83(2)) – Legal Representation for Children in Child 4.3 Public Finance Management Act Justice Court (No Child may be refused Legal (PFMA) Representation) (iii) Children’s Act 38 of 2005, (Section 55 with Legal Aid South Africa is a Schedule 3A Public effect from 1 April 2010) Entity. Legal Aid South Africa complies with the (iv) Labour Relations Act 66 of 1995 requirements of the Public Finance Management (Section 149) Act, Act 1 of 1999 (PFMA) and National Treasury (v) Mental Healthcare Act 17 of 2000 Regulations which provide guidelines that must be (Section 15) upheld and implemented for the realisation of good (vi) Restitution of Land Rights Act 22 of 1994 governance. The Public Finance Management Act (Section 22) regulates financial management in all spheres and (vii) Prevention of Illegal Eviction from and levels of government to ensure that all revenue, Unlawful Occupation of Land Act 19 of 1998 expenditure, assets and liabilities are managed (Section 4(5)) efficiently, effectively and economically. (viii) Rules Regulating the Conduct of Proceedings in Magistrates’ Courts (Rule 53(8)).

Legal Aid South Africa is able to provide assistance in these instances if budget permits.

8 Legal Aid South Africa || Annual Report || 2012-2013 5. Organisational Structure Table 2: Organisational Structure

ACCOUNTING AUTHORITY/BOARD

Chief Executive Officer Ms V Vedalankar

Internal Audit Chief Operations National Operations Manager Special Executive Officer Executive Projects Mr A Naidoo Mr J Makokoane Mr B Nair Ms L Timothy

Communications Executive Legal Development Regional Operations Executive Mr M Phasha Executive – Eastern Cape Mr P Hundermark Mr H Bambiso

Chief Financial Officer Regional Operations Executive Ms R Hlabatau – Free State and North West Ms Z Msweli

Corporate Services Executive Regional Operations Executive Mr T Mtati –