The Department of Justice and Constitutional Development ...

1 The Department of Justice and Constitutional DevelopmentstrategIC PLaN2017-20202taBLe OF CONteNts FOreWOrD BY tHe MINI ster ..6 FOreWOrD BY tHe DePUtY MINIsteR ..81 OUr VIsION ..112 OUr MIssION ..113 OUr PrINCIPLes aND VaLUes ..114. LegIsLatIVe aND OtHer MaNDates .. Constitutional mandates .. Legislative mandates .. Legislation providing for the establishment and functioning of the superior courts, magistrates courts and other courts, the most important of which are the following: .. Legislation providing for the appointment of judges and other judicial officers, and theironditions of service, discipline and training: .. Legislation relating to the prosecution of offenders and combatting of crime: .. Legislation providing for the establishment and functioning of bodies responsible for legal aid, law reform and court rules.

2 Legislation providing for the administration of estates: .. Legislation on legal services to government departments: .. Legislation relating to the promotion, protection and enforcement of human rights: .. Policy mandates .. The national Development plan .. national Cybersecurity Policy Framework .. The importance of the JCPS Cluster .. The Constitution as the basis for the transformation of the Justice system .. Relevant court rulings .. Planned policy initiatives ..185. sItUatIONaL aNaLYsIs .. Performance environment .. Economic variables .. Social variables .. Political environment .. Information technology environment .. Environment .. Organisational context .. Financial .. Information and communication technology .. Escalating safety and security costs.

3 Infrastructure and the expansion of Justice services .. Litigation against the state .. Fraud and corruption .. Service delivery environment .. Human resource management .. Constitutional Development .. Stakeholders .. The donor community .. Chapter 9 institutions .. International bodies ..3136. DesCrIPtION OF tHe strategic PLaNNINg PrOCess ..327. COLLeCtION OF Data ..328. rIsK strategic gOaLs OF tHe Department ..33 Part B: strategic OBJeCtIVes .. OBJeCtIVes aND aLIgNMeNt WItH tHe national Development 1: aDMINI stratION .. strategic objectives .. Resource consideration .. 2: COUrt serVICes .. strategic objectives .. Resource 3: state LegaL serVICes .. strategic objectives .. Resource considerations .. 4: national PrOseCUtINg aUtHOrItY .. strategic objectives.

4 Resource considerations .. 5: aUXILIarY aND assOCIateD serVICes .. strategic objectives .. Resource INFrastrUCtUre plan .. graNts .. eNtItIes .. PartNersHIPs .. a: INDICatOr DesCrIPtIONs ..75aNNeXUre a:GLOSSARY OF TERMS ..874aCrONYMs aND aBBreVIatIONsAALCO Asian African Legal Consultative OrganisationACCC Anti-Corruption Coordinating CommitteeACTT Anti-Corruption Task TeamAFU Asset Forfeiture UnitANC African national CongressAPP Annual Performance PlanAU African UnionAVR Audio-Visual RemandCARA Criminal Assets Recovery AccountCAS Case Administration SystemCFA Chief Family AdvocateCFM Case Flow ManagementCJRP Civil Justice Reform ProjectCJS Civil Justice SystemCJS Criminal Justice SystemCJSR Criminal Justice System ReviewCPI Consumer Price IndexCRT Court Recording TechnologyDCS Department of Correctional ServicesDIRCO Department of International Relations and CooperationDoH Department of HealthDoJ&CD Department of Justice and Constitutional DevelopmentDPSA Department of Public

5 Service and AdministrationDPW Department of Public WorksDRC Democratic Republic of CongoDSD Department of Social DevelopmentECMS Electronic Case Management SystemEE Employment EquityEFT Electronic Funds TransferEHWP Employee Health and Wellness ProgrammeENE Estimates of national ExpenditureER Employee RelationsFMIS Facility Management Information SystemG20 Group of TwentyHCCH Hague Conference on Private International LawHRD Human Resource DevelopmentICC International Criminal CourtICMS Integrated Case Management SystemICT Information and Communication TechnologyIJS Integrated Justice SystemIMF International Monetary FundIT Information TechnologyJCPS Justice Crime Prevention and SecurityJSC Judicial Service CommissionKPI Key Performance IndicatorLASA Legal Aid South AfricaLGBTI Lesbian Bisexual Gay Transgender and IntersexMACC Minimum Anti-Corruption CapacityMATTSO Ministerial Advisory Task Team on the Adjudication of Sexual Offences MattersMTEF Medium-term Expenditure Framework5 MTSF Medium-term strategic FrameworkNAP national Action PlanNDP national Development PlanNDPP national Director of Public ProsecutionsNEEC national Efficiency Enhancement CommitteeNEPAD New Partnership for Africa s DevelopmentNGO Non-governmental organisationNMSS national Maintenance Signage SystemNOC national Operation CentreNPA national Prosecuting AuthorityNPS national Prosecution ServiceNRSO national Register for Sex OffendersNSP national strategic PlanOCJ Office of the Chief JusticeOCSLA Office of the Chief State Law AdvisorOSD

6 Occupation Specific DispensationOWP Office for Witness ProtectionPAIA Promotion of Access to Information ActPAJA Promotion of Administrative Justice ActPCLU Priority Crime Litigation UnitPEAS Paperless Estate Administration SystemPEEC Provincial Efficiency Enhancement CommitteePEC Public Education and CommunicationPESTEL Political Economic Social Technological Environmental and LegalPIMS Performance Information Management SystemPMIS Property Management Information SystemPOPI Protection of Personal Information ActPP Public ProtectorPPP Public-private PartnershipSADC South African Development CommunitySAHRC South African Human Rights CommissionSAJEI South African Judicial Education InstituteSALRC South African Law Reform CommissionSAPS South African Police ServiceSASSETA Safety and Security Sector Education Training AuthoritySARS South African Revenue ServiceSDIP Service Delivery Improvement PlanSDOT Service Delivery and Organisational TransformationSITA State Information Technology AgencySIU Special Investigating UnitSMART Specific Measureable Attainable Relevant and Time-boundSMS Senior Management ServiceSoNA State of the Nation AddressSOPs Standard Operating ProceduresStatsSA Statistics South AfricaTPF Third Party FundsTRC Truth and Reconciliation CommissionTCC Thuthuzela Care CentreUAMP User Asset Management PlanUN United NationsUNIDROIT International Institute for the Unification of Private LawWHO World Health Organisation6 FOREWORD BY THE MINISTERThe second half of the 2015-20 MTSF period entails

7 Consolidation of initiatives in line with the transformation of the Justice system within our country. This includes finalisation of key transformative legislation, implementation of policies, and responding to government s programme of action in relation to Outcome 3: All People Are and Feel Safe .One of the key transformational initiatives is the inclusion of traditional courts within the mainstream Justice system. During the 2016/17 financial year, the Traditional Courts Bill was tabled in Parliament for broad consultation with stakeholders. It is envisaged that the Bill will be finalised by the end of the MTSF period. I am pleased that implementation of the Legal Practice Act of 2014 has begun and progress has been made towards its full realisation.

8 This legislation will, firstly, unite the fragmented professional bodies in different provinces of the country. Secondly, the Act puts in motion the establishment of the Legal Practice Council, which will not only regulate the legal profession, but also ensure that the profession plays an important transformative role through providing access to training for the previously disadvantaged, as well as access to Justice services. The Legal Practice Council is expected to be in place by the end of the 2018/19 financial transformation of State Legal Services is an ongoing initiative that has begun to bear fruit. Although the appointment of the Solicitor-General is not yet finalised, processes are underway to ensure that the post is pegged at a level appropriate for a candidate who will be expected to transform State Attorneys Offices into legal firms of choice for the state.

9 Policies that will drive this transformation are in the final stages of Development . This means that by the end of the 2015-20 MTSF period, Counsel Briefing Policy, Tariff Policy and Mediation Policy will be in operation. People s confidence in the Criminal Justice System is, sadly, not at the level we would like it to be. The annual Victim of Crime Survey prepared by Statistics South Africa indicates that more has to be done to restore confidence in the system. Initiatives to put victims at the centre of the Criminal Justice System are thus being undertaken. A Victims Support Policy will be finalised for the current MTSF period, parallel to which pilot projects assisting in the Development of this policy will be rolled out during the 2017/18 financial year.

10 Ongoing projects to increase access to Justice services in marginalised communities will continue. Following the establishment of high courts in all nine provinces in South Africa, a project is underway to align all subordinate courts to these high courts. This alignment has been finalised within four provinces (Gauteng, North-West, Limpopo and Mpumalanga), with the remaining planned for finalisation over the MTSF period. This initiative enables service delivery which is closer to citizens and within the municipal boundaries that people are already familiar with. The national Prosecuting Authority remains committed to its mandate of instituting criminal proceedings on behalf of the state and to carrying out the necessary functions related to this mandate.