Report on Justice Department’s performance

December 1st, 2012
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By Nomfundo Manyathi

The Justice Department’s annual report for the period 1 April 2011 to 31 March 2012 was recently released.

In the report the department provides feedback on progress made, court performance statistics and recently introduced and upcoming legislation.

The report notes progress in terms of transforming the profile of the judiciary, with African judges now constituting 50% of the country’s 243 judges. However, it adds that gender transformation has not progressed far enough, which requires the attention of the Judicial Service Commission (JSC).

The report also highlights that transformation of the judiciary will be incomplete without transformation of the legal profession, and that the Legal Practice Bill (B20 of 2012), which has been tabled in parliament, is anticipated to assist in reducing fragmentation in the legal profession and reducing legal costs.

One of the ‘major focus areas’ highlighted in the report is the integration of information systems for case management. During the 2011/12 financial year pilot projects on the integration of the National Prosecuting Authority (NPA) and the South African Police Service (SAPS) were completed and full rollout is planned for 2012/13. In addition, the video prosecution pilot project in 47 magistrates’ courts linked to 22 correctional facilities was completed and its impact and effectiveness will be analysed in the next financial year, while the reduction of case backlogs remains an important focus area.

The department provided an overview of efforts to improve access to justice. Two key focus areas for service improvement to the most vulnerable members of society were identified, namely a turnaround in the delivery of child maintenance services’ payments and turnaround times in the Masters’ Offices. The report notes that maintenance has been decentralised through electronic fund transfers in 103 courts across the country, where the turnaround time for receiving maintenance payments has decreased to 48 hours.

The department also reported on financial constraints affecting it, as well as the judiciary and prosecution services, which continue to raise challenges in a number of areas. These include –

  • the need to increase the establishment of lower courts and provide the judiciary with adequate tools of trade;
  • expanding court support staff (ie, interpreters, financial officers and supply chain management staff), as well as staff to perform quasi-legal functions such as those relating to default judgments, court orders and warrants of execution;
  • implementation costs of new and proposed legislation;
  • document and record management; and
  • adequate provision of library services to the various courts and support to the judiciary.

The report further provides an update on the status of a number of Bills. This includes the Constitution Seventeenth Amendment Bill (B6 of 2011), currently before parliament, which will introduce fundamental changes to the judicial system to bring it in line with the Constitution. The Bill seeks to provide a constitutional framework for the Chief Justice to exercise his leadership role and will also empower the Chief Justice to exercise oversight over the lower and superior courts. In the interim, measures have been put in place to strengthen the Chief Justice’s office by proclaiming it a national department.

The Justice Department also plans to transform branch courts in municipal districts into proper, adequately capacitated courts. These courts will be rehabilitated, conferring on them adequate jurisdiction and providing them with sufficient capacity to function as fully-fledged courts. The department aims to transform 24 of the 90 branch courts into full-service courts by 2014. Of the 24 courts, 15 were converted in August 2009 and a further four in 2011.

In addition, the report indicates that the establishment of small claims courts for each of the 384 magisterial districts by 2014 is ‘moving at a slow pace’ because of a lack of legal practitioners with appropriate experience who are willing to act as commissioners. Other initiatives being undertaken under the Civil Justice Review Programme include the harmonisation and rationalisation of the rules of all courts and the institutionalisation of alternative dispute resolution mechanisms, diversions and mediation.

Court performance

The report also outlines court performance. It states that the Constitutional Court received 123 new applications during the period under review. Three cases were awaiting direction (old and new applications), 97 matters were dismissed and 35 judgments were handed down.

The Supreme Court of Appeal (SCA) received 119 new criminal appeals and 83 were finalised. Also, 222 new petitions were enrolled and 189 finalised.

In terms of civil appeals, the SCA received 601 new appeals and 259 were finalised; 412 new petitions were enrolled and 427 finalised.

The Labour Court and Labour Appeal Court enrolled 11 235 new cases and 6 553 were finalised. These included referrals from the Commission for Conciliation, Mediation and Arbitration (CCMA), urgent applications and petitions.

During the 2011/12 period, the Land Claims Court enrolled 187 new matters and 141 were finalised.

The High Courts enrolled 27 804 new civil matters for trial and finalised 28 886 (including settlements and withdrawals). High Courts received 104 884 new motion applications and finalised 82 431 matters.

The regional courts finalised 7% more matters compared to the previous year, with 68 211 new matters being enrolled and 40 242 matters finalised. This includes old and new matters.

During 2011/12, district courts enrolled 748 231 new matters and 400 991 were finalised – 2% more than the previous year.

In terms of deceased estates, it was noted that over 86% of the work of the Masters’ Offices is centred on deceased estates. A total of 170 150 cases were registered in 2011, a decline in comparison to 2010. The department attributed this decrease to a ‘concerted effort’ in the previous year to register all service point matters on the Integrated Case Management System (ICMS), which was made available to magistrates’ courts.

The total number of liquidations decreased from 10 716 in 2010 to 9 958 in 2011. There was also a decrease in the number of liquidations/insolvencies registered at Masters’ Offices in 2011 compared to 2010. The only office showing an increase in liquidations/insolvencies was the Kimberley one, where the insolvencies registered more than doubled (from 26 in 2010 to 63 in 2011).

There was also an increase in the number of trusts registered, from 15 749 in 2010 to 16 376 in 2011.

Recent legislation

The report refers to recent legislation that has been approved or is in the parliamentary process, including:

  • The Prevention and Combating of Trafficking in Persons Bill (B7 of 2010), which has reached an advanced stage in the parliamentary process and will be implemented soon after approval by parliament. The Bill will give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons (the Palermo Protocol) as it focuses on the prosecution of persons involved in the trafficking of persons and provides for penalties. It also puts measures in place aimed at protecting trafficking victims.
  • The Protection from Harassment Bill (B1 of 2010), which was approved by parliament in 2011 and is intended to provide an inexpensive and easy remedy for victims of harassment. Victims will be able to apply to the courts for a protection order. While the Domestic Violence Act 116 of 1998 provides a similar remedy, it only applies to those in a domestic relationship. The new legislation provides a remedy for persons who are not in a domestic relationship and goes further than the Domestic Violence Act by addressing instances of stalking via electronic communications. However, the report adds that, although approved by parliament, the Bill has not been implemented and the regulations still have to be finalised.
  • The Sheriffs Amendment Bill (B2 of 2012), which was introduced in parliament in January 2012 with the aim of streamlining and improving the ‘outdated’ Sheriffs Act 90 of 1986. The Bill deals with the appointment of acting sheriffs and addresses problems relating to the non-availability of sheriffs in certain areas.
  • The Protection of Personal Information Bill (B9 of 2009), which is intended to promote the protection of personal information processed by public and private bodies. It also aims to establish an information protection regulator, which will be responsible for issuing codes of conduct. In addition, it will regulate the rights of persons regarding unsolicited electronic communications and automated decision-making, as well as the flow of personal information across the country’s borders. The Bill is currently being considered by parliament and will be implemented soon after it has been approved.
  • The National Prosecuting Authority Amendment Bill (B23 of 2008), which provides for the delinking of the NPA from the Justice Department and promotes the independence of the prosecuting authority. Although a Bill has been prepared, the complexity of the issues involved and different views expressed on the delinking requires more consultation, according to the report.
  • The Judicial Matters Amendment Bill (B11B of 2012), which was introduced in parliament in March 2012. The Bill aims to amend the Special Investigating Units and Special Tribunals Act 74 of 1996, as well as the National Prosecuting Authority Act 32 of 1998.
  • The report also provides feedback on the following subordinate legislative instruments, which were developed and/or finalised during the period under review:
  • Amending regulations under the Attorneys Act 53 of 1979 dealing with the investment of money in the Attorneys Fidelity Fund.
  • Practical guidelines for employees under s 10(4) of the Protected Disclosures Act 26 of 2000.
  • Regulations to address technical issues identified in the regulations under the Sheriffs Act, dealing with, among others, advisory committees for purposes of appointing sheriffs.
  • Regulations in terms of s 103 of the Administration of Estates Act 66 of 1965. The regulations increased the fees and tariffs payable to appraisers, which were last adjusted in 2001.

The full annual report can be viewed at www.justice.gov.za

Nomfundo Manyathi, nomfundo@derebus.org.za

This article was first published in De Rebus in 2012 (Dec) DR 5.

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