Department of Justice and Constitutional Development Annual Report 2011/12 Minister Jeffrey Thamsanqa Radebe, MP Minister of Justice and Constitutional Development I have the honour of submitting this annual report of the Department of Justice and Constitutional Development for the period 1 April 2011 to 31 March 2012. Ms Nonkululeko Sindane Accounting Officer 31 August 2012 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT - 2011/12 ANNUAL REPORT I The Constitution is the supreme law of the land. Let justice be administered without fear, favour or prejudice. II 2011/12 ANNUAL REPORT - DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT TABLE OF CONTENTS PART 1 GENERAL INFORMATION ............................................................................................1 1.1 Vision ...........................................................................................................................1 1.2 Mission .......................................................................................................................1 1.3 Values and principles ..................................................................................................1 1.4 Organisational structure ............................................................................................2 1.5 Legislative mandate ....................................................................................................4 1.6 Entities reporting to the Minister ..............................................................................5 1.7 Minister’s Foreword ....................................................................................................7 1.8 Accounting Officer’s Overview ................................................................................10 PART 2 INFORMATION ON PRE-DETERMINED OBJECTIVES .................................................13 2.1 Overall performance .................................................................................................13 2.2 Programme performance .........................................................................................27 PART 3 ANNUAL FINANCIAL STATEMENTS FOR THE DEPARTMENT ....................................74 3.1 Report of the Audit Committee ...............................................................................76 3.2 Report of the Accounting Officer ............................................................................78 3.3 Report of the Auditor-General .................................................................................95 3.4 Appropriation Statement .........................................................................................99 3.5 Notes to the Appropriation Statement .................................................................112 3.6 Statement of Financial Performance .....................................................................113 3.7 Statement of Financial Position .............................................................................114 3.8 Statement of Changes in Net Assets .....................................................................115 3.9 Cash Flow Statement ..............................................................................................116 3.10 Notes to the Annual Financial Statements (including Accounting Policies) .......117 3.11 Disclosures Notes to the Annual Financial Statements ........................................133 3.12 Annexures................................................................................................................143 3.13 CARA Annual Report ..............................................................................................153 PART 4 HUMAN RESOURCE MANAGEMENT .......................................................................176 PART 5 ACRONYMS ..............................................................................................................224 DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT - 2011/12 ANNUAL REPORT III “Children’s interests remain our priority as enjoined by the constitution, which is why poverty is never an excuse for any violation or neglect of children.” Minister Jeff Radebe, Minister of Justice and Constitutional Development. IV 2011/12 ANNUAL REPORT - DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Part 1 GENERAL INFORMATION 1.1 VISION UBUNTU A transformed and accessible justice system, which The department upholds human dignity and ensures promotes and protects social justice, fundamental equal opportunities and fairness in its interactions in human rights and freedom. order to ignite a spirit of trust and unity. The department promotes tolerance and respect for the diversity of its employees and the people of this country and draws 1.2 MISSION strength from such diversity. We commit to providing transparent, responsive and accountable justice for all. PROFESSIONALISM AND CONTINUOUS IMPROVEMENT The department recognises that people are its most 1.3 VALUES AND PRINCIPLES important resource for accomplishing its mission and is committed to the professional development, self- COMMITMENT TO CONSTITUTIONAL VALUES AND actualisation and personal wellbeing of all employees. A CULTURE OF HUMAN RIGHTS The department recognises the need for continuous The department recognises the supremacy of the improvement and rewards all committed efforts to Constitution and the rule of law and applies all laws improve the quality of its services. fairly and uniformly to ensure human dignity, the achievement of equality and the advancement of TRANSPARENCY human rights and freedom, non-racialism and non- The department communicates and shares information sexism for all in South Africa. openly with all relevant stakeholders in order to ensure participative and informed decision-making. BATHO PELE The department aims to provide quality services to both its internal and external customers by meeting and exceeding their needs and expectations. GOOD GOVERNANCE The department adheres to high standards of ethical behaviour that are transparent and promote accountability, based on sound internal controls. The department is committed to serve as an effective and responsible steward of the taxpayers’ resources that are entrusted to it. The department is results-driven and efficient in conducting its business. The department measures and reports on progress in pursuit of its goals. DEPARTMENTDEPARTMENT OF OF JUSTICE JUSTICE AND AND CONSTITUTIONAL CONSTITUTIONAL DEVELOPMENT DEVELOPMENT - 2011/12- 2011/12 ANNUAL ANNUAL REPORT REPORT 1 1.4 ORGANISATIONAL STRUCTURE Mr JT Radebe MINISTER Mr AC Nel DEPUTY MINISTER Ms TN Sindane Dr K de Wee DIRECTOR-GENERAL CHIEF OPERATIONS OFFICER Adv S Jiyane Mr L Basset Mr E Daniels Ms K Pillay DEPUTY DIRECTOR-GENERAL: ACTING DEPUTY DIRECTOR-GENERAL: CHIEF STATE ACTING CHIEF COURT SERVICES LEGISLATIVE DEVELOPMENT LAW ADVISOR LITIGATION OFFICER 2 2011/12 ANNUAL REPORT - DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT “The Constitution is South Africa’s fundamental vision statement, which guides our policies and actions. We re-affirm our commitment to advance the ideals of our country’s Constitution at all times.” - President Zuma Adv L Basson Dr K de Wee Mr J Johnson (Vacant) CHIEF MASTER ACTING DEPUTY DIRECTOR-GENERAL: ACTING CHIEF DEPUTY DIRECTOR-GENERAL: CORPORATE SERVICES FINANCIAL OFFICER CONSTITUTION DEVELOPMENT DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT - 2011/12 ANNUAL REPORT 3 1.5 LEGISLATIVE MANDATE he department’s mandate, deriving from the iv. Legislation providing for the establishment Constitution, is twofold. It seeks to provide and functioning of bodies responsible for Ta framework for the effective and efficient legal aid, law reform and rule-making (the administration of justice, and it seeks to promote Legal Aid Act of 1969, the South African Law constitutional development through legislation Reform Commission Act of 1973 and the and programmes that advance and sustain Rules Board for Courts of Law Act of 1985). constitutionalism and the rule of law. It also seeks to provide an enabling environment for the judiciary and v. Legislation providing for the appointment constitutional institutions to exercise their constitutional of Masters of the High Courts and the powers and functions freely and independently. administration of the Guardian’s Fund and deceased and insolvent estates The department derives its statutory mandate from (the Administration of Estates Act of various statutes and subordinate legislation. The 1985 and the Insolvency Act of 1936). following are categories of functions, emanating from different legislative instruments, which are relevant to vi. Legislation regulating the provisioning the department: of legal advisory services to government departments (the State Attorneys Act of 1957). i. Legislation providing for the establishment vii. Legislation relating to the promotion, and functioning of the superior courts, protection and enforcement of certain human magistrates’ courts and special courts rights (the Promotion of Administrative (the Constitutional Court Complementary Justice Act of 2000, the Promotion of Act of 1995, the Supreme Court Act of Access to Information Act of 2000, and 1959, the Magistrates’ Courts Act of 1944 the Promotion of Equality and Prevention and the Small Claims Court Act of 1984). of Unfair Discrimination Act of 2000). ii. Legislation providing for the appointment viii. Legislation pertaining to the protection of judges and other judicial officers, their of vulnerable groups (the