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ANNUAL REPORT 2014-2015
Legal Aid South Africa 2014–2015PE
OPL
E D
EVEL
OPM
ENT
A
ND
FIN
AN
CE
Total Staff (Budgeted) 2,797
Total Staff (Recruited) 2,619
Turnover Rate (Excluding Contract Staff) 6%
Best Employer Accreditation 6th Year
Law Students Preferred Employer (As Ranked in Universum Survey) Ranked 1st
Total Budget 1,638,622,972
Expenditure Level 98,1%
Payment within 30 days 99%
Auditor General Report Unqualified and Clean
Number of years unqualified audits 14th Year
NAT
ION
AL
FOO
TPR
INT
Justice Centres 64Satellite Offices 64Regional Offices 6National Office 1
LEGAL AID SA INFRASTRUCTURE LEGAL AID SA NATIONAL FOOTPRINT
RECRUITED STAFF: 2,619
Criminal legal 1,630
Support 561
Civil legal 250
Paralegals 178
LEG
AL
SER
VIC
ES D
ELIV
ERY
NEW LEGAL AID MATTERS:
448,195
FINALISED LEGAL AID MATTERS:
444,630
CRIMINAL/CIVIL NEW MATTERS:
448,195
LEGAL ADVICE MATTERS:
321,241
Justice Centres 421,527 Judicare 20,674 Co-operation 4,777 Agency Agreement 1,199 Impact Litigation 18
Justice Centres 425,199 Judicare 13,300 Co-operation 5,065 Agency Agreement 1,057 Impact Litigation 9
Criminal 394,172 Civil 54,023
Justice Centres 179,551 Satellite Office 55,453 Other Staff Consultations 11,898 Awaiting Trial Prisoners 31,453 Call Centre – Civil 37,599 Call Centre – Criminal 5,289
ALEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Vision 2030A 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 2030To 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
PART A: GENERAL INFORMATION
1. Legal Aid South Africa General Information 42. Scope and Boundary of the Integrated Annual Report 63. Strategic Overview 7 3.1. Vision 7 3.2. Mission 7 3.3. Values 7 3.4. Strategic Outcome Orientated Goals 74. Legislative and Other Mandates 8 4.1. Constitutional Mandate 8 4.2. Legislative Mandate 8 4.3. Public Finance Management Act (PFMA) 95. Organisational Structure 106. Foreword by the Board Chairperson 137. ChiefExecutiveOfficer’sOverview 16
PART B: PERFORMANCE INFORMATION
1. Statement of Responsibility for Performance Information for the year ended 31 March 2015 222. Auditor’sReport:PredeterminedObjectives 223. OverviewofLegalAidSouthAfrica’sPerformance 23 3.1. Service Delivery Environment 23 3.2. Organisational Environment 24 3.3. Key Policy Developments and Legislative Changes 25 3.4. Strategic Outcome Oriented Goals 254. Performance Information by Programme 255. Summary of Financial Information 55
PART C: GOVERNANCE
1. Introduction 602. Portfolio Committees 603. Executive Authority 604. The Accounting Authority (Board) 605. Risk Management 646. IT Governance 677. Internal Control Unit 678. Internal Audit Function 679. Compliance with Laws and Regulations 6810. Fraud and Corruption 6911.MinimisingConflictofInterest 6912. Code of Conduct 6913. Health, Safety and Environmental Issues 6914. Board Secretary 7015. Report of the Audit Committee 70
Contents
1LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PART D: SUSTAINABILITY REPORT
Sustainability Report (including Stakeholder Report) 74
PART E: HUMAN RESOURCE MANGEMENT
1. Introduction 90 1.1. Overview of HR Matters at the Public Entity 90 1.2. Set HR Priorities for the Year under Review and the Impact of these Priorities 90 1.3. Workforce Planning Framework and Key Strategies to Attract and Recruit a Skilled and Capable Workforce 91 1.4. Employee Performance Management Framework 92 1.5. Employee Wellness Programmes 92 1.6. PolicyDevelopments:Highlights,Challenges,FutureGoals 922. Human Resource Oversight Statistics 93
PART F: FINANCIAL INFORMATION
1. Statement of Responsibility 1022. ReportoftheChiefExecutiveOfficer 1023. Report of the Auditor-General to Parliament on Legal Aid South Africa 105 4. Annual Financial Statements 108
PART G: COMPANY INFORMATION AND CONTACT DETAILS
1. Regional Management 1542. Contact Details 156 2.1. NationalOfficeContactDetails 156 2.2. JusticeCentresandRegionalOfficesContactDetails 157 2.3. SatelliteOfficesContactDetails 164
2 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
List of Tables
Table 01 List of Abbreviations/Acronyms 5
Table 02 Organisational Structure 10
Table 03 Legal Aid South Africa Corporate Dashboard 2014–2015 26
Table 04 Legal Aid South Africa Corporate Dashboard 2014–2015 Provincial Split 32
Table 05 Legal Aid South Africa Annual Performance Report 35
Table 06 Summary of Financial Information 55
Table 07 The Composition of the Board appointed in terms of Legal Aid Act, 1969 61
Table 08 Board Committee Membership 64
Table 09 Legal Aid South Africa Strategic Risks – Mitigating Controls and Opportunities 65
Table 10 Details of the Audit Committee Members and their attendance of meetings 70
Table 11 Engagement with Stakeholders 80
Table 12 Personnel Costs by Business Unit 93
Table 13 Personnel Cost by Salary Band 95
Table 14 Performance Rewards 95
Table 15 Training Costs 96
Table 16 Employment and Vacancies per Region 98
Table 17 Employment Changes 98
Table 18 Employment and Vacancies per Critical Occupation 99
Table 19 Reasons for Staff Leaving 99
Table20 LabourRelations:MisconductandDisciplinaryAction 99
Table 21 Equity Target and Employment Equity Status 100
Table22 JusticeCentresandRegionalOfficesContactDetails 157
3LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTA: GENERAL INFORMATION
4 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
REGISTEREDNAME: LegalAidSouthAfrica
PHYSICALADDRESS: LegalAidHouse 29 De Beer Street Braamfontein Johannesburg 2017 South Africa
POSTALADDRESS: PrivateBagX76 Braamfontein 2017
TELEPHONENUMBER: +27118772000
FAXNUMBER: +27118772222
EMAILADDRESS: communications2@legal-aid.co.za
WEBSITEADDRESS: www.legal-aid.co.za
EXTERNALAUDITORS: Auditor-GeneralSouthAfrica 300 Middel Street New Muckleneuk PO Box 446 Pretoria 0001
BANKERS: FirstNationalBank 92–94 Jorissen Street Braamfontein 2017
BOARDSECRETARY: MrJosephLethiba
1. Legal Aid South Africa General Information
GENERAL INFORMATION
5LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 01: List of Abbreviations/Acronyms
Thisisanalphabeticallistofabbreviationsandacronymsused.Whilstmanyaregenericinnature,somearespecificallyusedatLegal Aid South Africa.
ADR Alternative Dispute Resolution
AFS Annual Financial Statements
AG Auditor-General
APN Access Point Name
ATJ Access To Justice
ATP Awaiting Trial Prisoners
BAC Bid Adjudication Committee
BP Business Plan
CA(s) Candidate Attorney(s)
CARP Capital Asset Replacement Programme
CAT Children Awaiting Trial
CBO Community Based Organisation
CCMC Constitutional Case Management Committee
CJSR Criminal Justice System Review
COIDA Compensation for Occupational Injury and Disease Act
CPD Corporation for Public Deposits
CPLD CertificateProgrammeinLeadershipDevelopment
CSI Corporate Social Investment
DC District Court
DoH Department of Health
DoJ&CS Department of Justice and Correctional Services
EE Employment Equity
eLAA e-Legal Aid Administration System
EVP Employee Value Proposition
FBO Faith Based Organisation
FMPPI Framework for Managing Programme Performance Information
FWA Flexible Work Arrangement
GC Generally Compliant
GRAP Generally Recognised Accounting Practice
GRI Global Reporting Initiative
HC High Court
HCU High Court Unit
HR Human Resources
ICT Information and Communications Technology
IJS Integrated Justice System
ILU Impact Litigation Unit
IS Information Systems
IT Information Technology
JC Justice Centre
JCE Justice Centre Executive
KPI(s) Key Performance Indicator(s)
LAG Legal Aid Guide
LAN Local Area Network
LDD Legal Development Department
Legal Aid SA
Legal Aid South Africa
LQA Legal Quality Assurance
LQAU Legal Quality Assurance Unit
LSMs Living Standards Measures
LSSA Law Society of South Africa
LSTC Legal Services Technical Committee
MAP Management Advanced Programme
MAR Matter Activity Report
MIS Management Information System
MRD Management of Remand Detainees
MTEF Medium Term Expenditure Framework
NEEC NationalEfficiencyEnhancementCommittee
NGO Non-Governmental Organisation
NPA National Prosecuting Authority
NT National Treasury
OCP Organisational Culture Programme
PA(s) Professional Assistant(s)
PAA Public Audit Act
PAIA Promotional of Access to Information Act
Pr. Att(s) Principal Attorney(s)
PFMA Public Finance Management Act
PEEC ProvincialEfficiencyEnhancementCommittee
PPPFA Preferential Procurement Policy Framework Act No. 5 of 2000
PPU Payment Processing Unit
QA Quality Assurance
RC Regional Court
RD Remand Detainee
ROE Regional Operations Executive
SAFLII South African Legal Information Institute
SANAC South African National Aids Council
SAPTU South Africa Parastatal Institution Union
SCA Supreme Court of Appeals
SCM Supply Chain Management
SO SatelliteOffice
SOP Standard Operating Procedure
SP Strategic Plan
SPA Supervisory Professional Assistant
UNDP United Nations Development Programme
UPS Uninterrupted Power Supply
VoIP Voice over IP
VPN Virtual Private Network
WAN Wide Area Network
WFHR World Forum on Human Rights
GENERAL INFORMATION
6 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2. Scope and Boundary of the Integrated Annual ReportThe integrated annual report covers the activities and results of Legal Aid South Africa for the period 1 April 2014 to 31 March 2015. 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 Annual Reports 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).
TheannualreportwasapprovedbytheBoardofDirectorson25July2015andsignedontheirbehalfby:
Ms Vidhu VedalankarChiefExecutiveOfficer:LegalAidSouthAfrica
Judge President Dunstan MlamboChairperson:BoardofLegalAidSouthAfrica
GENERAL INFORMATION
7LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Strategic OverviewThe2014–2015financialyearwasthethirdandfinalyearofimplementation of the Legal Aid South Africa Strategic Plan 2012–2017. During the period under review, a new Strategic Plan 2015–2020 was developed taking into account the externalandinternalenvironmentalinfluencesthatimpactonthe organisation, and through a process of consultation with internal and external stakeholders. The new Strategic Plan 2015–2020alignstothetermofofficeofgovernmentandhasbeen approved by the Board of Legal Aid South Africa and the Executive Authority.
The outcomes, objectives and strategies as detailed in the StrategicPlan2012–2017,areoutlinedbelow:
3.1. VISION
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.
3.2. MISSION
To be a leader in the provision of accessible, sustainable, ethical, independent and quality legal services to the poor and vulnerable.
3.3. VALUES
i. Passion for Justice ii. Ubuntuiii. Integrityiv. Accountabilityv. Service Excellencevi. People Centred Development
3.4. STRATEGIC OUTCOME ORIENTED GOALS
Theorganisation’soutcomesandobjectivesovertheperiod2012–2017:
Outcome 1: Quality justice for all, focusing on the poor and vulnerable.
Objectivesi. Empowered clients and communities making informed
choices about their legal rights and responsibilitiesii. All poor and vulnerable persons able to access
quality public-funded legal services to protect and defend their rights
iii. Anaccessible,effectiveandefficientjusticesystemserving all in South Africa
iv. Effective sustained stakeholder partnerships able to jointly increase access to justice as well as to support other external developing legal aid organisations
v. Delivering on our constitutional and statutory shareholder mandate in an independent, accountable and sustainable manner
Outcome 2: Respected, high performance, sustainable, accessible public entity impacting positively on society, the economy and the environment. Objectivesvi. Financialandnon-financialsustainabilityimpacting
positively on society, the economy and the environment
vii. Good governance practices enabling high performance and accountability
viii. A recognised, respected, independent and acclaimed legal aid brand
ix. Delivery and business processes that are client focused,efficient,effectiveandsustainable
x. Aneffectiveandefficient,economicandenvironmentally responsive supply chain management system supporting client services delivery and internal business processes
xi. Management information that is accurate, reliable and timeous
xii. An expanded and capacitated/resourced national footprint reaching the poor and vulnerable persons requiring legal assistance
xiii. Committed, competent and dedicated employees empoweredtodelivertheorganisation’smandateand strategies
xiv. Alearningandflexibleorganisationgrowingitsownknowledge base to optimise performance
xv. An organisation based on a people-centred culturexvi. An Employee Value Proposition (EVP) able to
recruit and retain the best talent to deliver the organisation’smandate/strategies
xvii. A values-based and ethical leadership inspiring and harnessing the contribution of employees for sustainableperformancegearedtoserveclients’needs
xviii. A modern, integrated, secure and effective IT platform facilitating client services and linkages and enabling internal business needs
The following 26 strategies were implemented to achieve the outcomesandobjectives:1) Delivering client-focused legal aid, including to
vulnerable groups, in criminal matters within budget constraints
2) Delivering client-focused legal aid, including to vulnerable groups, in civil matters within budget constraints
3) Delivering client-focused primary legal advice services
4) Delivering client-focused impactful legal aid services
GENERAL INFORMATION
8 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5) Developing new and alternative methods of increasing access to justice
6) Contributing to the effective functioning of the justice and legal sector
7) Implementing community education/outreach programmes
8) Forging stakeholder partnerships to jointly increase access to justice
9) Accounting to the Department of Justice (DoJ) and Constitutional Development and Parliament on delivery of mandate, governance and sustainability
10) Maintainingfinancialsustainability11) Increasingsustainable(non-financial)performance12) Maintaining and enhancing good governance13) Strengthening and growing a sustainable recognised
brand14) Maintaining a mixed-model legal aid delivery system15) Building organisational models/structures to optimise
performance and delivery of legal/support services16) Maintaining a regulatory framework incorporating
best practices17) Maintainingstrongfinancialmanagementand
Supply Chain Management (SCM)18) Developing and enhancing accurate and reliable
Management Information Systems (MIS)19) Maintaining the national footprint 20) Developing and expanding the legal quality and
expertise for each segment of the national footprint21) Developing talent and improving competencies to
serve business needs and integrating competencies into related programmes
22) Leveraging institutional knowledge to remain smart and effective
23) Strengthening and stimulating the development of a people-centred, values-based culture
24) Developing and implementing an Employee Value Proposition (EVP) able to recruit and retain the best talentandculturefit
25) Developing values-based and authentic leadership to ensure sustained high performance in order to deliver on our mandate
26) Building an integrated, stable and reliable IT platformservingclients’needsandinternalbusinessneeds within budget constraints
Progress made towards the achievement of the Objectives, Strategies and Programmes is reported on in Section 4.
4. Legislative and Other Mandates
Legal Aid South Africa derives its mandate from the Constitution of the Republic of South Africa (Act 108 of 1996), the Legal Aid Act (Act 22 of 1969), which on 1 March 2015 was replaced by the Legal Aid South Africa, Act 39 of 2014, and other legislation.
4.1. CONSTITUTIONAL MANDATE
4.1.1. The Constitution of RSA (Act 108 of 1996) Section 35(2) “Everyone who is detained, including every sentenced prisoner, has the right –(a) …(c) to have a legal practitioner assigned to the detained
person by the state and at state expense, if substantial injustice would otherwise result, and to be informed of this right promptly; …”
Section 35(3) “Every accused person has a right to a fair trial, which includes the right –(a) …(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; …”
Section 28(1) “Every child has the right –(a) …(h) to have a legal practitioner assigned to the child by
the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; …”
Section 34 “Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.”
4.2. LEGISLATIVE MANDATE
4.2.1. Legal Aid Act 22 of 1969 as Replaced by Legal Aid South Africa Act 39 of 2014
(Assented to on 9 December 2014; Date of Commencement 1 March 2015)
The mandate and object of Legal Aid South Africa was described in the Legal Aid Act of 1969, which remained in forceuntilitwasreplacedon1March2015,withthefollowing:
“To provide 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.”(a) to obtain the services of legal practitioners(b) to purchase or otherwise acquire or to hold or
alienate any movable property or, with the approval of the Minister acting in consultation with the Minister of Finance, any immovable property
(c) to hire or let any movable or immovable property(d) to fix conditions subject to which legal aid is to be
rendered, including conditions in accordance with which any rights in respect of costs recovered or recoverable in any legal proceedings or any dispute in respect of which the aid is rendered, shall be ceded
GENERAL INFORMATION
9LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
to the board, and conditions relating to the payment of contributions to the board by persons to whom legal aid is rendered [Para. (d) substituted by section 1 of Act No. 47 of 1989.] (dA) to provide, subject to section 3A(3), legal representation at State expense as contemplated in section 25(1)(c) and (3)(e), read with section 33(2), of the Constitution, where substantial injustice would otherwise result [Para. (dA) inserted by section 1(b) of Act 20 of 1996 with effect from 1 May 2002]
(e) to do all such things and perform all such functions as may be necessary for or incidental to the attainment of the objects of the board
As of 1 March 2014, this mandate and objects were substituted by the Legal Aid South Africa Act 39 of 2014, which more extensively described the mandate of Legal Aid SouthAfricainthefollowingmanner:
“To ensure access to justice and the realisation of the right of a person to have legal representation as envisaged in the Constitution and to render or make legal aid and legal advice available; for that purpose to establish an entity called Legal Aid South Africa with a Board of Directors and to define its objects, powers, functions, duties andcomposition; to provide for the independence and impartiality of Legal Aid South Africa; to provide for the appointment of theBoardofDirectors andqualification formembershipthereof; to provide for the appointment of a chairperson and a deputy chairperson; to provide for the term of appointment of a member of the Board of Directors; to provide for the termination of membership of the Board of Directors; to provide for meetings of the Board of Directors, quorum and procedure; to provide for the establishment of committees by the Board of Directors; to provide for the delegation of powers and the assignment of duties or functions of the Board of Directors; to provide for the appointment of a chief executiveofficerandhisorherfunctions;toprovidefortheappointment of employees and the designation of certain officialsasagentsofLegalAidSouthAfricaandtheirtermsand conditions of employment; to provide for the protection of client privilege in certain circumstances; to provide for the recovery of costs by Legal Aid South Africa; to provide for the finances of Legal Aid South Africa; to provide forthe provision of legal aid by direction of courts in criminal matters; to provide for the making of regulations; to provide for the compilation of a Legal Aid Manual; to provide for the amendment or repeal of laws; to provide for transitional arrangements; and to provide for matters incidental thereto.”
Section 3 of the Legal Aid South Africa Act 39 of 2014, outlinestheobjectsofLegalAidSouthAfricaasthefollowing:(a) to render or make available legal aid and legal advice;(b) to provide legal representation to persons at state
expense;
(c) to provide education and information concerning legal rights and obligations as envisaged in the Constitution and this Act.
4.2.2. Other Legislation Impacting on Delivery of Legal Aid
The following laws also require the government to provide legalassistancetotheindigent:(a) Criminal Procedure Act (Sections 73, 309, 309B,
309C, 309D and 316) – Legal Representation in Trials and Appeals
(b) The Child Justice Act (Sections 82(1) and 83(2)) – Legal Representation for Children in Child Justice Court (No child may be refused legal representation)
(c) Children’sAct38of2005(Section55(1))(d) Refugees Act 140 of 1998 (Section 27(b))(e) Labour Relations Act 66 of 1995 (Section 149)(f) Mental Healthcare Act 17 of 2000 (Section 15)(g) Restitution of Land Rights Act 22 of 1994 (Section 22)(h) Prevention of Illegal Eviction from and Unlawful
Occupation of Land Act 19 of 1998 (Section 4(5))(i) Promotion of Equality and Prevention of Unfair
Discrimination Act 4 of 2000 (Section 10(5))(j) Protection of Personal Information Act, Act N0. 4
of 2013
Legal Aid South Africa is able to provide assistance in these instances if budget permits. All other proposed legislation or proposed amendments to legislation, so far as they impact onLegalAidSouthAfrica’smandateand/orclientsrights,aremonitored and commented on as part of the legal research agenda.This is to ensure that clients’ rights are protectedand the mandate of Legal Aid South Africa is not extended without concomitant funding.
4.3. PUBLIC FINANCE MANAGEMENT ACT (PFMA)
The Public Finance Management Act regulates financialmanagement in all spheres and levels of government to ensure that all revenue, expenditure, assets and liabilities are managed efficiently, effectively and economically.Furthermore, the Public Finance Management Act provides management with guidelines that must be complied with for the realisation of good governance. Legal Aid South Africa is a Schedule 3A Public Entity.
Legal Aid South Africa complies with the requirements of the Public Finance Management Act, Act 1 of 1999 (PFMA) and National Treasury Regulations, which provide guidelines that must be upheld and implemented for the realisation of good governance. Legal Aid South Africa has maintained full compliance with the Public Finance Management Act, Treasury Regulations in the year under review.
GENERAL INFORMATION
10 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5. Organisational Structure
GENERAL INFORMATION
Table 02: Organisational Structure
Accounting Authority/Board
Chief Executive Officer
Ms V Vedalankar
Chief Legal Executive
Mr P Hundermark
Chief Operations Officer
Mr J Makokoane
Internal Audit Executive
Mr S Mamotheti
National Operations ExecutiveAdv. B Nair
Manager Special Projects
Ms L Timothy
Communications ExecutiveMr M Phasha
Chief Financial OfficerMs R Hlabatau
Corporate Services ExecutiveMr T Mtati
Human Resources ExecutiveMs A Clark
Information Systems Executive
Mr A Mbatyoti
Board SecretaryMr J Lethiba
Regional Operations Executive – Eastern Cape
Mr H Bambiso
Regional Operations Executive – Free State
and North West Mr T Makamedi
Regional Operations Executive – Gauteng
Adv. W Lambley
Regional Operations Executive – KwaZulu-Natal
Mr V Mdaka
Regional Operations Executive – Limpopo and
MpumalangaMs M Kgabi
Regional Operations Executive – Western and
Northern CapeMs C Robertson
11LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
GENERAL INFORMATION
5.1. COMPOSITION OF THE ExECUTIVE MANAGEMENT
Ms Vidhu VedalankarChief Executive Officer (CEO)BSc (University of Durban – Westville), MTRP Masters in Town and Regional Planning (University of Natal), Executive Development Programme (GIBS, University of Pretoria).
ChiefExecutiveOfficerresponsibleforoverall strategic direction of Legal Aid South Africa so as to realise the vision andfulfilthemission.
Mr Jerry MakokoaneChief Operations Officer (COO)BCom Economics (University of South Africa), Diploma Data Processing and Systems Analysis (University of Zululand), MBA (Mancosa).
ChiefOperationsOfficerresponsiblefor support operations within Legal Aid South Africa.
Adv. Brian NairNational Operations Executive (NOE)BPaed (University of Durban – Westville), BEd (University of South Africa), FDE Computer Studies (University of Natal), Masters in Business Leadership (University of South Africa), LLB (University of South Africa), Admitted Advocate, South Gauteng High Court.
National Operations Executive, responsible for ensuring the delivery of cost-effective, high-quality legal services.
Ms Rebecca HlabatauChief Financial Officer (CFO)BCom, BCompt Honours, CTA (University of South Africa),MAP (Wits Business School), Leadership Development Programme (Wits Business School).
ChiefFinancialOfficerresponsibleforstrategicallyguidingfinancialmattersoftheLegal Aid South Africa in a manner that will ensure its long-term viability as an upholder of the rights of the people of South Africa to effective high quality legal services.
Mr Patrick HundermarkChief Legal Executive (CLE)BCom, LLB, (Nelson Mandela Metropolitan University – Formerly UniversityofPortElizabeth),CertificateProgramme in Leadership Development (CPLD) (Wits Business School), Practising Attorney, Law Society of the Nothern Provinces.
Chief Legal Executive responsible for civil legal services delivery, the improvement of quality and range of legal services offered toLegalAidSouthAfrica’slegalaidapplicants, impact services, legal training and pilot projects.
From left: Jerry Makokoane, Hope Bambiso, Rebecca Hlabatau, Mpho Phasha, Cordelia Robertson, Tshotlego Makamedi, Joe Khosa, Lesleigh Timothy, Sethopo Mamotheti, Patrick Hundermark, Joseph Lethiba, Brian Nair, Mpho Kgabi, Thembile Mtati, Vidhu Vedalankar and Vela Mdaka.
Amanda Clark Andile MbatyotiAdv. Wilna Lambley
12 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Mr Sethopo MamothetiInternal Audit Executive (IAE) BCompt (University of South Africa), Post Graduate Diploma in Accounting Science (University of South Africa), HDipTax (University of North West-Potchefstroom), MBA (Gibbs), CIA (IIA).
Internal Audit Executive responsible for the assessment and evaluation of risk and controls within Legal Aid South Africa, including compliance with the Legal Aid Act, Public Finance Management Act and Treasury Regulations, and the applicable governance and common law stipulations.
Ms Amanda ClarkHuman Resources Executive (HRE) NationalDiploma:HousingandDevelopment Management (Technikon SA),BTech:BusinessManagement(Technikon Natal), MBA (University of Wales),Certificate:AdvancedDiplomainLabour Law (University of South Africa).
Human Resources Executive, responsible for the Human Resources department and ensuring that the human resources processes and systems support the delivery of the Legal Aid South Africa strategy.
Mr Mpho PhashaCommunications Executive (CE)NationalDiploma:PublicRelationsManagement (Tshwane University of Technology), MAP (Wits Business School).
Communications Executive, responsible for creating awareness about Legal Aid South Africa services and educating the public regarding accessing such services, as well as building strategic relations with relevant stakeholders.
Mr Thembile MtatiCorporate Services Executive (CSE) BProc (University of Fort Hare), CertificateProgrammeinLeadershipDevelopment (CPLD) (Wits Business School), Practising Attorney, Law Society of the Northern Provinces.
Corporate Services Executive, responsible for corporate services including corporate legal services.
Mr Joe KhosaInformation Services Executive (ISE) (Acting)BSc Computer Science (University of Limpopo), Postgraduate Diploma Computer Science (University of the Witwatersrand).
Information Services Executive, responsible for the Information Technology infrastructure and the provision of support to all users within Legal Aid South Africa. Acted in the period 1 April 2014 to 31 March 2015.
Mr Andile MbatyotiInformation Services Executive (ISE) BCom Honours (University of the Western Cape), Masters in Business Leadership (University of South Africa).
Information Services Executive, responsible for the Information Technology infrastructure and the provision of support to all users within Legal Aid South Africa. Seconded full-time as Project Manager to the eLAA Project – April 2014 to March 2015.
The following Regional Operations Executives are responsible for ensuring the efficient, effective and economic delivery of legal services as contemplated by the Constitution within their areas of jurisdiction:
Mr Hope BambisoRegional Operations Executive Eastern CapeBProc, LLB (University of Fort Hare), LLM (University of South Africa), Practising Attorney, Cape Law Society.
Ms Mpho KgabiRegional Operations Executive Limpopo/MpumalangaBProc (University of the North West), Higher Diploma in Drafting and Interpretation of Contracts (University of Johannesburg), Practising Attorney, Law Society of the Northern Provinces.
Adv. Wilna LambleyRegional Operations Executive Gauteng LLB (University of South Africa), Practising Advocate, South Gauteng High Court.
Mr Vela MdakaRegional Operations Executive KwaZulu-Natal BProc, LLB (University of Zululand), Practising Attorney, KZN Law Society.
Mr Peter MakamediRegional Operations Executive Free State and North WestBProc (University of Limpopo), Practising Attorney, Free State Law Society.
Ms Cordelia RobertsonRegional Operations Executive Western Cape and Northern CapeBCom, BProc (University of South Africa), LLM (UWC), Practising Attorney, Cape Law Society.
GENERAL INFORMATION
13LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
6. Foreword by the Board Chairperson
Ilookbackatthefinancialyear2014–2015withgreatprideandgratificationasIreflectonthemanyheartwarmingstoriesassociated with Legal Aid South Africa. Among the highlights of thisperiodare: our role in the justice clusterunder thenew administration; the passage of the new Legal Aid South Africa Act; the adoption of our Strategic Plan 2015–2020; our role in regional and global forums as a leading provider of legal services for the poor, and our consistent record of a highlevelofprobityinthefinancialandgovernancespheres.
The period covered by this report was full of activities of national significance, aswell as those for LegalAidSouthAfrica and its Board. First was the National Elections held on 7 May 2014 (to elect a new National Assembly and new provincial legislatures). With the new administration came momentous changes, such as that of the erstwhile Department of Justice and Constitutional Development being re-organised as the Department of Justice and Correctional Services. The year also saw Legal Aid South Africa, in conjunction with the Department of Justice and Correctional Services (DoJ&CS), the International Legal Foundation, the United Nations Development Programme and United Nations OfficeonDrugsandCrime,hostingasuccessfulInternationalConference on promoting the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. Legal Aid South Africa reviewed its Strategic Plan to align with the term of government. The Strategic Plan 2015–2020 was approved by both Board and the Minister of Justice and Correctional Services. The long-awaited Legal Aid South Africa Act (39 of 2014)wasgazettedinDecember2014.Ielaborateontheseissues in the paragraphs that follow.
Let me begin with the Strategic Plan. It is the Board’sresponsibility to provide the strategic direction of the business, as well approve its strategic plan. The Legal Aid
South Africa Strategic Plan 2015–2020 was developed and approved in the year under review to coincide with the term of office of the current administration of government. This five-year strategic plan for 2015–2020 takes into account the external and internal environmental influences, and identifies the strategic shifts we require to enable us to execute our mandate in the next five-year period.
It was approved by the Board in November 2014 after an extensive consultation process involving management committees and our staff, as well as external provincial and national stakeholders, through a series of workshops nationally.
As Chairperson, I was particularly gratified by the enthusiasm and commitment displayed by the Board, management, staff and all external stakeholders in this important endeavour. I would like to extend my gratitude to them all for having put all hands on deck to achieve this mammoth task. I also thank our stakeholders for the robust, yet constructive discussions we engaged in to help us develop an inclusive strategic plan for Legal Aid South Africa.
The Legal Aid South Africa Act (39 of 2014) was gazetted in December 2014. It replaced the old LegalAid Act, 1969 (Act 22 of 1969). The new Act ushers in a new era in the governance of Legal Aid South Africa. A Transitional Board, comprising members of the previous Board, will be operational for the 12-month period from 1 March 2015 to 29 February 2016, after which a new Board will be constituted in terms of the new legislation. The main function of the Transitional Board, in addition to its ongoing fiduciary obligations, is to facilitate the appointment of a new Board once the transitional period has ended. All members of the Board of Legal Aid South Africa, who were full members at the end of March 2014, were automatically appointed to the Transitional Board.
“ I look back at the financial year 2014–2015 with great pride and gratification as I reflect on the many heartwarming stories associated with Legal Aid South Africa.”
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Legal Aid South Africa continued to make a meaningful contribution and impact at international forums on access to legal aid. Seven delegations (from Ethiopia, Sri Lanka, Myanmar, Nigeria, Kenya, Tanzania and Uganda) werehosted by the organisation in the year under review. This is an indication that our business model and experience as an organisation are highly sought after both regionally and internationally. In this context, the major calendar event was the International Conference on Access to Legal Aid in Criminal Justice Systems.
As the host country and organisation, we together with various government departments, staged this international gathering in Johannesburg from 24–26 June 2014.
The conference brought together over 250 participants from 67 countries to discuss effective strategies to improve access to justice in criminal justice systems, consistent with the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (UN Principles and Guidelines) (A/RES/67/187). These guidelines and principles were unanimously adopted by the 67th session of the United Nations General Assembly on December 20, 2012.
Attheendofthreedays’deliberationsattheJohannesburgConference, a declaration, namely the Johannesburg Declaration on the Implementation of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, was adopted. The Johannesburg Declaration reiterates the commitment to ensure that poor, vulnerable and marginalised individuals have access to effectivelegalrepresentationforafairtrial inanefficientcriminal justice system based on the rule of law.
Legal Aid South Africa also attended the second World Forum on Human Rights (WFHR), which was organised by the National Council of Human Rights for Morocco in partnership with the Brazilian and ArgentinianGovernments, along with the Office of the UN HighCommissioner for Human Rights. The Forum took place in Marrakesh, Morocco from 27–30 November, 2014. We were represented by Mr Patrick Hundermark, our Chief Legal Executive. The Forum was aimed at contributing to the emergence of a universal platform for dialogue among governments, national human rights institutions and civil society organisations, which are all working to meetpeople’saspirationstorespect,dignity,equalityandjustice.
I also attended a number of international conferences and forums, where Legal Aid South Africa was invited to give expert advice and input on matters relating to access to justice. The learnings from these conferences were insightful and valuable and confirmed that theadvancement and provision of legal aid is an essential
elementofanefficientcriminal justicesystemandthat itis a foundation for the enjoyment of other rights, including the right to a fair trial.
The Board of Legal Aid South Africa, being its highest governance body, bears an oversight function for issues pertaining to sustainability and the implementation of its Sustainability Strategy, which was approved by the Board at its meeting of November 2014. The nature of Legal Aid South Africa’s work requires that the central pillar in itssustainability strategy is the social one. We are assured as aBoardandareconfidentthatotherpillarsofsustainability,namely the environmental sustainability and the economic sustainability, will be prioritised as well.
Legal Aid South Africa recognises that external stakeholders are a crucial component of our environment. Our engagement with stakeholders continues to grow and yield fruitful results. We collaborated with stakeholders in the justice cluster and with civil society organisations to not only provide legal services, but to also raise awareness of constitutional rights through various methods and programmes, resulting in increased ability of the poor and vulnerable to access justice. In our various engagements with our stakeholders for the Strategic Plan 2015–2020, we received comments and suggestions on how to improve our work. Our Stakeholder Report outlines the concerns raised by stakeholders and how we have responded to these issues. I can say with some pride that we now report on sustainability in a separate section of this Annual Report.
Under the capable leadership of its Board of Directors, Legal Aid South Africa practises good governance in all spheres of the organisation. Strong financial management andgovernance has enabled the organisation to deliver quality legal services in an economic and effective manner. There is a high level of compliance with Supply Chain Management (SCM) policies, and effective measures to prevent fraud and promote ethics have been maintained year-on-year. The periodunderreviewwasnoexceptionandweareconfidentthat Legal Aid South Africa will continue to maintain sound financialmanagementpractices.StabilityatBoard level isan important feature of good governance. We had one new member, Mr Nkosana Mvundlela, who was appointed on 31 October 2013. Judge Edwin Molahlehi resigned on 31 May 2014 due to increased work commitments.
I take the opportunity to thank all my colleagues on the Board for the advice, support, commitment and passion they exude, and the time they have given to the organisation and to the Board to help make this a success story.
Parliamentary Portfolio Committee Briefings were held inQuarter 2 of 2014–2015 focusing on the previous Legal Aid South Africa Strategic Plan 2012–2017 Review for 2014–2015; the Annual Performance Plan 2014–2015, and the
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Budget in 2014–2015, as well as in Quarter 3 for the Annual Report 2013–2014. The members of the Portfolio Committee were complimentary of the performance of our organisation, and its service to the country.
Legal Aid South Africa was not spared the pain that was the Marikana tragedy. We grieved with the nation for this senseless loss of life, and the harsh conditions under which our working people have to labour. Our decisions on the issue of funding various groups represented at the Commission of Enquiry were not taken lightly.
At the time of writing this report, the Constitutional Court had not pronounced on our funding parameters relating to Commissions of Enquiry and other such investigations which, in their nature, have no relevance to our mandate of providing access to justice to persons without means who are in conflict with the law or wish to pursue civil claimsin our courts. In line with our Constitutional mandate, we have an obligation to utilise our limited resources to serve the large mass of indigent members of our society. Daily, our practitioners traverse every remote corner of South Africa executing this mandate. Escalating demands on our resources for matters outside our statutory remit, without the concomitant increases in our budgetary allocation, threaten our sustainability and viability as an effective legal aid system.
As with all public entities, budget constraints continue to affect the operations of Legal Aid South Africa. As a result of a Cabinet resolution, National Treasury implemented budget reductions for entities with high cash balances. Legal Aid SouthAfrica’sgrantallocationwasreducedbyR61,8millioninthe2015–2016andR92,7millioninthe2016–2017fiscalyears.
As these cuts are to be funded from our cash reserves, they will not negatively impact on our service delivery, and we believe the impact will be mitigated by prudent management ofourcashflowduringtheyear.LegalAidSouthAfricaalsowelcomed the appointment of Advocate Michael Masutha was as the new Minister of Justice and Correctional Services. Minister Masutha has immediately lent support to our work in the provision of legal aid services to the poor and vulnerable members of our society. We have had fruitful discussions with him and Deputy Minister Mr John Jeffery. I acknowledge his continued support and we look forward to working with him.
Legal Aid South Africa is a high-performing organisation, consistently achieving exceptional results each year. 2014–2015 was no exception. My work as the Chairperson, and indeed the work of the Board, is made much easier by the hard work and rigour of all, in every facet of this organisation.
I must record my heartfelt thanks to our Chief Executive Officer, Ms Vidhu Vedalankar, and her outstandingmanagement team, whose leadership of the organisation continues to be impeccable.
I also salute the foot soldiers of our organisation, at nationaloffice,regionalofficesandateveryoneofour128Justice Centres and Satellite Offices. Their sterling workis acknowledged from the corridors of parliament to the localities that our services reach.
As we enter this transitional year in the evolution of the Board ofLegalAidSouthAfrica,Icansaywithconfidencethatthefoundation that has been laid for the new Board is a solid one, enabling this organisation to reach greater heights in the pursuit of access of justice for all.
Judge President Dunstan MlamboChairperson:BoardofLegalAidSouthAfrica
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7. Chief Executive Officer’s Overview
Legal Aid South Africa has sustained its strong performance with another successful year, characterised by good performance across all areas of our work. Our core purpose istofulfilourconstitutionalmandate,andinsodoingensurea meaningful impact on the lives of poor and vulnerable persons,andultimatelyonsociety.Iamsatisfiedthatwehaveusedourresourcesefficientlyandeffectivelytoachievethis.
During the 2014–2015 year we provided criminal and civil legal aid, and legal advice services, to a total of 769,436 poor and vulnerable persons. Our mixed-delivery system modelwasimplementedeffectivelyduringthisfinancialyear.We served all criminal courts in the country, ensuring that persons who are unable to afford legal representation do not go through the criminal justice system unrepresented. Legal assistance was also provided to clients in civil matters to protect and defend their rights. Legal advice was also provided through our national Justice Centre and Satellite Officenetwork,aswellasourtoll-freeLegalAidAdviceLine.Our commitment to ensuring delivery of quality legal services continued through a process of ongoing training and quality assessments.
In the past year our founding legislation, the Legal Aid Act, 1969 (Act 22 of 1969) was replaced by the Legal Aid South Africa Act 39 of 2014, which came into effect on 1 March 2015. Transitional arrangements were implemented with effect from 1 March 2015 to ensure the continuance of effectiveandefficientgovernancestructuresandoperations.A new Board will replace the transitional Board (at the end of the transitional period) on 1 March 2016.
The2014LegalAidGuide,whichwasratifiedbyParliamentandimplementedinthepreviousfinancialyear,wasamendedand will remain valid for a period of two years, from 1 March
2015; while the Regulations and Manual, as prescribed by the new Legal Aid South Africa Act, are being prepared in conjunction with the Department of Justice and Constitutional Development.
In the year under review we continued to work within a framework of rigorous financial management and goodgovernance, resulting in our fourteenth unqualified auditfrom the Auditor-General. 98,1% of our R1,638 billion budget for the past year was spent. In building our organisational maturity level and sustainability, we have strengthened our enterprise risk management processes and focused on building a risk intelligent culture within the organisation.
Our people-centred programmes continued to build the capacity of our most important resource – our staff. We recorded recruitment levels of 94% and a turnover rate of 6%. Legal Aid South Africa has gained recognition for the quality of its Human Resource policies by becoming part of a renowned community of Top Employers for the sixth consecutive year. The organisation was also voted as the most preferred employer by law students in the 2014–2015 Universum Student Survey, conducted at 25 universities across South Africa.
We implemented the third year of our 2012–2017 Strategic Plan, which in effect was the last year, as we developed a new Strategic Plan (2015–2020) to align to the term of government. Looking back over the three years of implementation, I am pleased to report that we have made great strides towards achieving our strategic shift of “Sustainable high performance and excellence in all segments of the organisation over the next decade, positively touching the lives of many more South Africans thus ensuring JUSTICE FOR ALL.”
The Legal Aid South Africa Strategic Plan 2015–2020 was approved by the Board and the Executive Authority, and tabled inParliament inMarch2015.Ourfocusfor thenextfive-yearperiodwillbeasfollows:
“ Legal Aid South Africa has sustained its strong performance with another successful year, characterised by good performance across all areas of our work.”
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i. Existing and expanded points of access for clients further developed, within available funding.
ii. Priority to civil legal aid assistance in constitutional rights-related matters.
iii. Quality management of legal aid services, responsive to client and stakeholder feedback on quality.
iv. Contributing to BUILDING SAFER COMMUNITIES by implementing the adopted protocols from the Criminal Justice System (CJS) Review and the Civil Justice System Review.
v. Proactively making the justice system function more effectivelyandefficiently.
Whilst we are not bound by regulatory requirements, or compliance pertaining to sustainability, it is important from a good business and governance perspective for us to engage with sustainability. Our strategic planning process highlighted important issues that will shape the future of our organisation. Sustainability was one of the issues that was emphasised during the development of the Legal Aid South Africa Strategic Plan 2015–-2020. Informed by the latter, a sustainability strategy was developed. The process of developing our Sustainability Strategy 2015–2020 provided us with an opportunity to refocus our approach to sustainability to achieve more defined andfocused social, economic and, to a lesser extent, environmental goals.
Our legal services delivery was done through our national footprint of 64JusticeCentres (JCs)and64SatelliteOffices(SOs).Whilenonewofficeswereopenedduringthefinancialyear, some offices were relocated or expanded to improveaccess and service delivery to clients. Our services were provided through a total of 2,619 employees, of which 2,071 (79%) was legal staff, including paralegals. In addition we utilised the services of over 600 Judicare practitioners, nine co-operationpartnersandfiveagencyagreementswithprivatelawfirms.Legalservicesweredeliveredthroughourmixed-modelsystem of delivery, with 94% of new legal matters handled by our JCs, 5% by Judicare practitioners, 1% by co-operation partners,andagencyagreementswithprivatelawfirms.LegalAid South Africa handled 448,195 new legal aid matters during this past year. These included 394,172 (88%) criminal legal matters and 54,023 (12%) civil legal matters. We also provided advice in 321,241 matters. This represents a 0,2% increase in legal matters, which is a marginal increase in new legal matters anda2,4%decreaseinadvicematters.Wefinalised444,630legal matters, of which 56,286 were civil matters.
New criminal legal aid matters of 394,172 increased by 1% whencompared to theprevious financial year.This increasealigns to the demand for legal services from criminal courts. In covering all criminal courts, the District Court coverage was 87%, Regional Court coverage was 96%, and in the High Court coverage included all matters requiring legal aid. Legal Aid South Africa is the legal representative of record in the majority of criminal appeal matters heard in the Supreme Court of Appeal
(SCA). We also dealt with a high number of full bench appeals in the various divisions of the High Court. During the year under review, Legal Aid South Africa dealt with a total of 30 criminal appeals in the SCA. We achieved successful outcomes for our clients in 23 (77%) of these appeals, which was higher than the 50% success achieved by private legal representatives in the 24 appeals they dealt with in the SCA. Legal Aid South Africa assisted children in 16,483 matters. 11,651 (71%)of thesewere children in conflictwith law.Weprovided legal aid to children in 3,336 new preliminary inquiry matters. We have a system in place to track children awaiting trial in custody so that these matters are prioritised, and this enabledustoassist605childreninnewmatters,finalised506matters and, as at the end of March 2015, we were assisting 103 children in custody awaiting trial. The number of children in conflict with the law assisted by Legal Aid South Africadecreased by 0,3%, which would be due to the successful diversion of children in terms of the Child Justice Act.
In enhancing the effectiveness of the justice system, we participate in all structures within the Criminal Justice System (CJS) established at local, provincial and national level. This includes theProvincial andNationalEfficiencyEnhancementCommitteesestablishedbytheOfficeoftheChiefJustice.Wecontinued to monitor all Remand Detainees (RDs) who are in custody in excess of two years. Through discussions with other stakeholders in the Criminal Justice System, it became apparent that the tracking system utilised by Legal Aid South Africa was very advanced and was capable of providing information that could be utilised by other court stakeholders to address the situation of long serving RDs. We have since been requested to play the lead role in the tracking and monitoring RDs in the cluster by providing reports that assist with identifying the cause of delays in each individual matter so that the relevant stakeholders can address these delays at local level.
In the year under review, our JCs continued to render outstanding service to our clients in both criminal and civil matters. They dealt with a wide variety of cases, some of which arose from very unique facts or circumstances. A number of these cases attracted the attention of the media. Some of these cases raised interesting questions of law or had the potential to create legal precedent. Yet some cases stand out, because of the sheer determination of our practitioners to give their all in pursuit of the best possible outcome for their clients. In the criminal cases that we deal with, children often feature on either sideofthelaw.Wherechildrenarethemselvesinconflictwiththelaw,ourpractitionershavebecomeproficientatapplyingtheChild Justice Act, and all effort is made to divert the child away from the Criminal Justice System.
Our Durban JC represented a 16-year-old girl, “SN”, who was charged with the possession of a substantial quantity of marijuana. Through careful enquiry, our practitioner was able to establish that the child had run away from home and was
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living on the streets. She was being used to sell drugs by some foreign nationals who rewarded her with drugs; as a result she had become addicted to drugs. She had been arrested on a previous occasion and placed in a Place of Safety, but had escaped. The child alleged that she had no parents or guardian. In the absence of a guardian, she could not be diverted. The practitioner approached social workers at a Place of Safety with a request to prepare a report on the accused. Based on their report, the practitioner was able to successfully apply to have the child declared as a Child in Need of Care in terms of section 50 of the Child Justice Act as a result of which the prosecution against her did not proceed.
In 2014–2015 we provided legal services in 54,023 new civil matters, which was 12% of new legal matters. This amounted to a 5,5% decrease in civil matters, which can be attributed to the number of matters being taken on, being better aligned to the capacity of our civil practitioners, as well as a marginal increase in staff capacity during this period. Children were assisted in 4,831 new civil matters, representing 29% of the children’smatters with which we dealt.
Legal advice was provided through 321,241 consultations, the majority of which were walk-in clients at our JCs and SOs. Our Legal Advice Line call centre provided advice to 42,866 of these matters. The decrease in advice matters links to the demand for advice, as well as the capacity to advertise the services of the Legal Aid Advice Line. Paralegals were involved in consulting with clients at community facilities in rural and peri-urban areas. The provision of civil advice ensured that clients and communities were able to understand their rights and obligations, and were assisted to resolve their issues or referred to institutions that could assist them.
In the matter of Westbrook Residential Development v Sipho Xaxaka and others we received instructions to oppose the eviction of 54 families who had resided in an area known asParson’sVlei forclose toacentury.Our legalpractitionerrequested the municipality provide an impact report regarding the impact on households headed by women, children, the elderly, those suffering with HIV/AIDS, and those with disabilities. We also asked for proposed areas of relocation. Relocation to an area known as Chatty, situated some 30 kilometres away, was proposed but this was not acceptable to our clients. At the hearing, the court found against our clients, but the area of Chatty became unavailable, leaving room for us to negotiate further on behalf of our clients. Eventually, the municipality offered to relocate the families to Malabar, an area that is closer toParson’sVlei.Ourclientsacceptedthisofferbutwerealsoable to negotiate a temporary home with water and electricity foreachfamily,ablutionfacilities,asecurityfence,floodlights,as well as compensation for the added costs of transportation. During February 2015, the families moved into their new homes valuedatR90,000each.Theseunitsaresafeandfireresistant.For most of the families, this represents an improvement on the conditionstheyenjoyedwhentheylivedinParson’sVlei.
In the matter of NC Mafele & Another v The Minister of Police & others our client, who is mentally ill, was arrested for murder on 8 December 2009. The client was never brought before court and on 10 December 2009 the matter was struck off the roll in his absence. The client was however never released and remained in police custody until August 2011 when his family approached Legal Aid South Africa. The client was released immediately. An action for damages was brought on behalf of the client and the Minister of Police conceded merits in our favour and offered R500,000 as a settlement, which was accepted by the client.
Of the 47 matters that were assessed for impact funding, 18 new impact matters were approved in 2014–2015. Eight of theninefinalisedmattersweresuccessfullyconcluded in thefinancialyear,resultinginasuccessrateof89%.Thenatureofthe impact matters ensures that despite the low volumes, the outcomesimpactmorebroadlythanonjustthespecificclientsassisted.Thesemattersensurethatclients’constitutionalrightsare enforced or protected and legal precedents impacting widelyonourclients’rightshavebeenachieved.
One such matter is Lorraine Sophie Botha and Another v Henry Robins Rich NO and others CCT 89/13. In this matter, Sophie Botha managed to survive by operating a laundromat that generated an income of approximately R5,000 a month. On 19 November 2003 Sophie Botha entered into a contract with the JJW Hendricks Trust, in respect of the sale of immoveable property for the sum of R240,000. In terms of the contract Sophie Botha had to pay the monthly sum of R4,000 in respect of the purchase price. On 17 March 2009 the Trust brought an application against Sophie Botha to cancel the contract and evict her from the property from which she ran her small-scale business. The Trust alleged that Ms Botha was in arrears in the amount of R40,000, and thus the contract was breached prompting cancellation. The High Court handed down judgment in favour of the Trust. The SCA was petitioned and leave to appeal was granted to the full bench. The full bench in turn dismissed the application. The matter was thus taken on appeal to the Constitutional Court, because the client had paid almost three quarters of the purchase price and the Trust cancelled the contract because of arrears relating to one missed payment, which occurred in December of the previous year. At the time of the breach, Sophie Botha was not placed in arrears by the Trust. Instead, the breach in payment was only relied upon by the Trust when the full purchase price was almost paid and Sophie Botha asked for transfer of the property into her name as provided for in the contract. It was argued on behalf of Sophie Botha that the Trust could not rely on the breach, demand cancellation of the contract and then retain the property as well as the monies paid in by Sophie Botha.
The Constitutional Court held that Sophie Botha was entitled to transferoftheproperty,astheremedyofspecificperformanceis not excluded by section 27 of the Alienation of Land Act, (the Act) and furthermore that it would be unfair to deprive Sophie Botha of the transfer as she had already paid a large portion of
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the purchase price of the property. The Court, however, went further to state that in order to ensure fairness, Sophie Botha would have to pay the outstanding arrears. This matter thus assisted in testing the provisions of the Alienation of Land Act 68 of 1981 against the values of the constitution, and furthermore ensured that Sophie was able to continue earning a living and not be unfairly deprived of ownership of a property.
In a separate issue, we were pleased with the judgment handed down by the Western Cape High Court in the matter of De Vos NO and Others v the Minister of Justice and Constitutional Development in which we mounted a challenge to the constitutionality of sections 77(6)(a)(i) and (ii) of the Criminal Procedure Act 51 of 1977. Advocate Anna-Marie de Vos was appointed as curatrix-ad-litem to a mentally challenged 14-year-old boy who fatally stabbed a 14-year-old girl, resulting in him being arrested and charged with murder in the Oudtshoorn Magistrate’sCourt.Theaccusedwasassessedbythreedoctors,who were in agreement that he was mentally disabled. It was further agreed that the accused was not able tounderstand court proceedings nor appreciate the wrongfulness of his conduct.
Prior to the matter being heard in the Western Cape High Court, with the Minister of Health cited as a respondent, the Stellenbosch Justice Centre applied for the matter of Pieter Snyders to be heard together with that of De Vos NO. The second matter was in relation to an application brought forward by the Stellenbosch Justice Centre on behalf of a 35-year-old Down syndrome male who was detained at a mental institution on charges of rape. Although no evidence was given linking the accused to the crime, he still had to be detained as a state patient or as an involuntary patient due to his mental disability. It was argued that sections 77(6)(a)(i) and (ii) of the Criminal Procedure Act are inconsistent with the rights enshrined in the Bill of Rights, namely the right to equality before the law, includingtherighttoequalbenefitofthelaw;therighttoequality;the right to human dignity, and the right to freedom and security of the person – including the right not to be detained without trial. The High Court ruled that sections 77(1)(a)(i) and (ii) of the Criminal Procedure Act 51 of 1977 are unconstitutional as apresidingofficerinthesecircumstanceshasnodiscretiontodecide where to place a person found incompetent to stand trial other than at a mental health care facility, and furthermore gave Parliament a time frame in which to address issues of legislation that deal with the fate of mentally disabled persons who have been accused of crimes. The judgment has been referred to the ConstitutionalCourtforconfirmationoftheorderofinvalidity.
The cases cited above illustrate Legal Aid South Africa’ssteadfast commitment to ensuring the realisation of the rights enshrined in the Bill of Rights and that the voices of the most vulnerable members of our society are heard by our courts.
Maintaining a high quality of legal services remains a priority and as such we have in place a number of interventions aimed at ensuring that practitioners render services in compliance with
our quality requirements. Reviews by our independent Legal QualityAssuranceUnithaveconfirmedthatourpractitionersare rendering legal services in compliance with our quality requirements. This is evidenced by the reduction in the number of practitioners failing to achieve our quality targets. This indicates the success of our programmes aimed at maintainingand improvingquality.During this past financialyear we also introduced a system of monitoring the quality of legal services rendered by Judicare practitioners.
The provision of quality legal services is also linked to training programmes. Legal staff attended training at the Justice Centres as well as training arranged by our Legal Development Department. We continued building up our consolidated knowledge management repository, which gives practitioners access to a substantial amount of resources, including e-learning modules, electronic legal libraries and legal research papers. An internal blog with case law discussions and legal newsletters facilitates engagement and promotes ongoing learning. All categories of legal practitioners achieved their quality targets, which is an indication that our quality monitoring and intervention programmes have the desired effect.
Theyearunderreviewwascharacterisedbysoundfinancialplanning and expenditure management. Payments to Judicare practitioners and other creditors met the required targets. We pay serious attention to governance, hence compliance with laws and regulations is tracked and reported on to the Board. Our Internal Audit Department conducted quarterly audits on compliance with the PFMA and Treasury Regulations. Following the external audit of Legal Aid South Africa, the Auditor-Generalexpressedacleanunqualifiedauditopinionfor the financial year 2014–2015. The Bid AdjudicationCommitteefunctionedeffectivelyandLegalAidSouthAfrica’sSupply Chain Management policy and procedures have been developed to ensure that financial activities are conductedin line with the PFMA, National Treasury Regulations, the Preferential Procurement Policy Framework Act and Broad Based Black Empowerment Act. We ensured that all policies and standard operating procedures were reviewed and updated as necessary in order for these to remain relevant and keep up with best practice and legislative amendments.
Our Internal Audit Department continued to provide assurance to management and the Board, and completed their Internal Audit Coverage Plan over and above the required number of audits targeted (9% more than the target).
People Development Programmes were successfully implemented and the success of our reviewed Employment Value Proposition (EVP) can be seen through our high recruitment rates and low turnover rates, as well as the recognition we have received from external human resources rating bodies. The year under review was the third year of our Leadership Development Programme.
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The programme continued through thought-provoking leadership conversations focused on competencies, aimed at leveraging learning amongst our leaders.
During the year under review the IT VPN upgrade roll out, in line with business growth requirements, was completed and a new IT helpdesk system as well as an HR portal were developed. Although our Ad Infinitum legal administrationsystem has been stabilised, it has to be closely monitored while the process of developing a new IT system, which will enhance our IT capabilities, commenced.
As part of our efforts to promote our brand, market our services and establish stakeholder partnerships, we collaborated with numerous government and community structures and NGOs in conducting community outreach initiatives, as well as participating in key human rights events at local and national level. Public education programmes targeting our clients raised awareness around constitutional rights and our community outreach programme exceeded the target. As a result of these initiatives, our brand is recognised as part of the community safety net.
A blog was initiated as part of our internal communications programme and has been successful in keeping our staff up to date and engaged.
The Board and Board Committees held meetings as scheduled andallmeetingswerequorate.TheBoardeffectivelyfulfilledits strategic oversight role, providing guidance and decisions on policy and strategy matters. The Board was involved in the development of the new Strategic Plan 2015–2020 through participation in Board workshops, as well as stakeholder workshops held nationally and provincially.
Some of the challenges experienced during the year under review include a lack of relief staff, which resulted in some courts being unable to function in the absence of our practitioners for any reason, which impacts on access to justice for our clients. The number of Regional Court and High Court matters pending beyond turnaround targets currently exceeds our targets. There are various contributing factors for this and these matters are tracked to ensure that they are finalisedaspromptlyasispossible.Delaysinobtainingcourtrecords posed a challenge at some courts, resulting in the number of backlog appeal matters being high.
Although there was a decrease in the number of new civil matters taken on (when compared with last year), the demand for civil legal aid services at many of our JCs exceeded our internal capacity.
Although we commenced with our new IT legal aid administration system, the project timelines for the development of the new Electronic Legal Aid Administrative System (eLAA) extended beyond the full roll out target period of December 2014.
Looking forward, the constrained financial situation willcontinue to place pressure on resources. National Treasury informed us of reductions to the baseline allocation in the 2015–2016and2016–2017financialyears.Budgetcutswillbe supplemented by cash reserves in the short term, it being noted that the cash reserves are required to meet liabilities andthatmanagingthecurrentassets:currentliabilitiesratiowill allow these to be utilised in the short term. These budget cuts will therefore not impact negatively on any service delivery. Additional posts for the court expansion programme (an additional R18 million in 2015–2016) linked to the appointment of new magistrates will allow Legal Aid South Africa to provide a service at these new courts.
The organisation is geared to deliver on its Strategic Plan 2015–2020 and has an approved Enterprise Risk Management Plan in place tomitigate risks identified andemerging. Legal Aid South Africa is committed to building a sustainable organisation, with a capacity for continuance. The organisation has also developed a Sustainability Strategy, which positions it to ensure that sustainability is embedded into the business practice and to promote sustainable growth through economic, social and environmental value creation. We see our mandate as the delivery of legal aid services to individual clients being key to increasing access to justice for the poor and vulnerable in a sustainable manner, thus contributing to a more equitable society.
I express my appreciation to the Legal Aid South Africa team – to all the employees of Legal Aid South Africa and the management team for their individual and collective contributions, which have ensured that we continue to deliver at the high standards set and maintained over the past years. I would also like to thank the Board of Legal Aid South Africa for their ongoing commitment. We appreciate the knowledge and experience that they make available to the management team. A special word of gratitude is extended to Judge President Mlambo, our Board Chairperson, for his support andsteadfastleadershipduringthispastfinancialyear.
As we celebrate our achievement of our continued high performance, let us maintain our dedication and keep up the good work as we continue to make the constitution and human rights a living reality by impacting on the lives of ordinary people in our country. Legal Aid South Africa commits to continue striving towards the realisation of access to justice for all.
Ms Vidhu VedalankarChiefExecutiveOfficer:LegalAidSouthAfrica
GENERAL INFORMATION
21LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTB:PERFORMANCE INFORMATION
22 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Statement of Responsibility for Performance Information for the year ended 31 March 2015
TheChiefExecutiveOfficer isresponsibleforthepreparationofLegalAidSouthAfrica’sperformanceinformationandforthejudgements made in this information.
TheChiefExecutiveOfficer is responsible forestablishingand implementingasystemof internalcontroldesignedtoprovidereasonable assurance as to the integrity and reliability of performance information.
Inmyopinion, theperformance information fairly reflects theactualachievementsagainstplannedobjectives, indicatorsandtargetsasperthestrategicandannualperformanceplanofthepublicentityforthefinancialyearended31March2015.
LegalAidSouthAfrica’sperformanceinformationfortheyearended31March2015hasbeenexaminedbytheexternalauditorsand their report is presented on page 105.
The performance information of Legal Aid South Africa set out on page 25 to page 54 was approved by the Board.
Ms Vidhu VedalankarChiefExecutiveOfficer:LegalAidSouthAfrica25 July 2015
2. Auditor’s Report: Predetermined ObjectivesThe role of the AGSA/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 South Africa 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 material findingsbeingreportedunderthePredetermined Objectives in the Report on Other Legal and Regulatory Requirements.
Please refer to page 105 of the Report of the Auditor-General, published in Part F: Financial Information.
PERFORMANCE INFORMATION
23LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Overview of Legal Aid South Africa’s Performance
3.1. SERVICE DELIVERY ENVIRONMENT
Legal Aid South Africa has a national footprint of 64 Justice Centresand64SatelliteOffices.Thelocationofourofficesis carefully chosen so that they are aligned to the courts and located close to public transport facilities, in order to be accessible to clients. We make use of a cost-effective mixed model delivery method to improve court coverage and service delivery. Our Justice Centre model has made it possible for us to extend the delivery of criminal legal aid services to all courts throughout the country. Furthermore, our use of a practitioner per court model has improved the flow of cases at courts. A research study of all courtrolls that we conducted recently has given us a complete understanding of the demand for criminal legal aid services in every criminal court in the country. In the year under review Legal Aid South Africa continued to provide criminal and civil legal aid services through its national footprint.
In the2014–2015financialyear448,195newmattersweretaken on. This represents a 0,2% growth in new matters over thepreviousfinancialyear.394,172(88%)werenewcriminalmatters and 54,023 (12%) were new civil matters. The vast majority of these new matters (94%) were handled by the JCs. Duringthissameperiod444,630matterswerealsofinalised.
The Justice Centre civil legal aid delivery model utilises practitioners with high experience levels in civil litigation. SOPs have been developed to guide the operations of all civil units and civil sections. Administrative support to civil practitioners has also been improved. Extensive online support systems have also been introduced to assist civil practitioners in carrying out their work. There are, however, some challenges in the recruitment of practitioners in specialist areas such as labour law.
High Courts are covered by experienced High Court Unit (HCU) practitioners. A Central Court roll model was in place for High Court coverage and legal representatives were allocated to all matters that required legal aid. Legal Aid South Africa HC practitioners were allocated matters for an average of 76% of the days on which courts were sitting duringthefinancialyearunderreview.Theorganisationhasa quality management programme and provides extensive support for the preparation of cases.
Legal Aid South Africa received additional funding for the CaseBacklogProject.Inthe2014–2015financialyear,thisfunding was utilised to create 96 new permanent posts. Thirteen of these positions were administrative positions, while 83 were legal positions. This enabled Legal Aid South Africa to increase its capacity to provide legal aid in all Case
Backlog Courts. Backlog courts have now been included as part of our normal court coverage programme.
General legal advice is an integral part of our service delivery programme. General advice is provided by dedicated paralegalswhoarestationedatall128ofouroffices,aswellas at our call centre, namely the Legal Aid Advice Line. A total of 321,241 general advice consultations were conducted duringthefinancialyearunderreview.Thisrepresentsadropof4%overthepreviousfinancialyear.
The Legal Aid Advice Line makes it possible for clients, particularly those in rural areas, to access instant legal advice through a toll free telephone service. The Call Centre logged 42,886 general advice consultations. This represents a decrease of 23% over the previous financial year. Thedecrease in the call centre volumes can be mainly attributed to the limited advertising, particularly broadcast (TV and radio), which directly impacts on call volumes. In addition, the basis for calculating the number of advice calls changed in the period under review in that follow up calls are no longer included in the statistics for new advice matters. The previous system was not able to distinguish follow up calls.
Legal Aid South Africa also greatly improved its management and monitoring of remand detainees and Children Awaiting Trial in custody (CAT). Legal Aid South Africa is currently playing the lead role within the CJS cluster in the monitoring of remand detainees in order to address case backlogs, as well as monitor the length of time that remand detainees spend in custody awaiting trial. During the period under review, Legal Aid South Africa monitored 605 new CATs in custody. We also assisted infinalising506mattersofCATs.At theendof thefinancialyear, therewere103CATs incustody,ofwhich71children were in custody for periods in excess of one month. Each of these children was individually tracked on our CAT web page to ensure that their matters received priority attention.
Legal Aid South Africa provides quality legal services and has a quality management programme in place as well as systems and processes to ensure efficient service delivery.The programme is implemented at all JCs. The Legal Quality Assurance Unit (LQAU), located within the Internal Audit Department provided our Executives and the Board with reportsthatconfirmedandgaveassurancethatqualitylegalservices were delivered by practitioners, both internal and external (Judicare and Co-operation partners). Legal Aid South Africa was an active participant in the Management of Remand Detainees (MRDs) committee until its work was wound up earlier this year. Legal Aid South Africa has now taken the role oftheleadorganisationinensuringthatProvincialEfficiencyEnhancement Committees (PEECs) prioritise the monitoring of remand detainees in custody over two years. A report that details the top 20 longest serving remand detainees per province is tabled at all PEEC meetings attended by Legal Aid South Africa.
PERFORMANCE INFORMATION
24 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Funding continues to pose a major challenge to the provision of legal services by Legal Aid South Africa. As a result of this challenge, we were unable to provide the required level of practitioner capacity at many of our criminal courts. A major challenge in our court coverage programme and one that has attracted a lot of criticism, especially in our coverage of the lower courts, has been the absence of a relief component to substitute for our practitioners when they become unavailable for any reason. This has often led to courts being unable to function effectively whenever one of our practitioners is absent. We are, however, pleased to report that during the latter part of this financial year, our Board approved theimplementation of a limited court relief programme at 33 of our Justice Centres. It is anticipated that this programme will help alleviate some of the pressures occasioned by the unavailability of practitioners and thereby improve the efficientoperationofourcourts.
Legal Aid South Africa continued to contribute to and implement the recommendations of the Criminal Justice System (CJS) Review. During the financial year underreview Legal Aid South Africa attended and contributed to meetings of the CJS Review Committee. Legal Aid South Africa has implemented all recommendations and protocols that affect Legal Aid South Africa. We also monitored and provided input to proposed legislative changes and other relevant proposals.
3.2. ORGANISATIONAL ENVIRONMENT
Strong financial management and governance is anintegral part of the Legal Aid South Africa environment. This has enabled us to continue to deliver to many more South Africans in a sustainable manner. Legal Aid South Africacontinuedtolookforefficiencymeasuresinhandlingits budget expenditure in light of budget cuts implemented by National Treasury. Legal Aid South Africa has also looked to reduce costs associated with ever increasing accommodation costs. In this respect, it continues to look foropportunities topurchaseofficeaccommodation.Thiswill enable the organisation to mitigate increasing rental costs and, most importantly, ensure we maintain access to justice to indigent persons by sourcing locations close to the communities and the courts we serve.
As a dynamic business organisation it is incumbent upon Legal Aid South Africa to ensure that when major catastrophes arise, the organisation is able to either continue working or resume operations in the shortest time possible.Oneofthechallengesinthe2014–2015financialyear has been power outages impacting on business operations. It has since become difficult to know andpredict the times at which Eskom would reduce demand of electricity, by load shedding. These unexpected power interruptions have regrettably had a negative effect
on Legal Aid South Africa’s business operations andproductivity of employees. To counteract the effects of load shedding, Legal Aid South Africa sought to procure UninterruptedPowerSupply(UPS)forregionalofficesandJCs to ensure sustained productivity. The installation of theUPSwillbecompletedinthenewfinancialyear.
The electronic biometric clock in system was procured in the2013–2014financialyearandintheyearunderreview,Legal Aid South Africa began the implementation of the system at all its operations throughout the country. The aim is to improve accountability within offices dispersedacross the country, as well as reduce the challenges with the use of manual attendance registers by staff. Selecting a paperless option also contributes to the reduction of our carbon footprint.
Legal Aid South Africa was lauded for its role in the Small Claims Courts by the Deputy Minister of Justice and ConstitutionalDevelopment,MrJohnJeffery,attheofficiallaunch of the Small Claims Court in Howick on 8 October 2014.
The Small Claims Courts are used to settle minor civil disputes and claims between parties without the use of legal representation in an informal, simple, cost-effective andspeedyprocess.This confirms thatLegalAidSouthAfrica is committed to corporate social responsibility. 161 Legal Aid South Africa lawyers have been appointed as commissioners country-wide.
Our Human Resources programme continues to focus on talent management, employee wellness, organisational culture and leadership, thus developing a competent and motivated workforce able to serve our clients and communities to achieve our vision. Our low turnover rate has created a stable work environment better able to strivetofulfilourmission.Intheyearunderreview,LegalAid South Africa was also voted amongst Top Employers in South Africa for the sixth year in a row.
Legal Aid South Africa was also rated as the best employer of choice by law students in a Universum survey. This was a remarkable achievement for Legal Aid South Africa, an improvement from its performance in 2013–2014, when it was rated second. The Universum Ideal Employers Survey is delivered to students, graduates and professionals. The results of the Universum Talent Survey reveal how students perceive organisations as employers in South Africa.
The research functions as a basis for decision-making when choosing target groups, messages and channels for future employer branding campaigns, and as a control instrument for measuring the appeal an organisation has intheeyesofitsspecifictargetgroups.
PERFORMANCE INFORMATION
25LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3.3. KEY POLICY DEVELOPMENTS AND LEGISLATIVE CHANGES
The promulgation of the Legal Aid South Africa Act 39 of 2014 on 9 December 2014, and the subsequent implementation of said Act on 1 March 2015, has resulted in a Transitional Board that will steer the Board through the next 12 months while a new Board is constituted in accordance with the requirements of the new Act. All the relevant transitional arrangements have been operationalised and all governance structures are still functioning efficiently and effectively. The 2014 LegalAid Guide will remain effective until replaced by the Regulations (Policy) and Legal Aid Manual, within the 24 month period determined by sections 23 and 24 of the new Legal Aid South Africa Act.
In addition, the Legal Practice Act was assented to on 22 September 2014 and Part 1 and 2 of Chapter 10 has been brought into operation on 1 February 2014. Legal Aid South Africa is represented on the Interim Legal Practice Council, which has been tasked with attending to the necessary preparation to bring the Legal Practice Council into existence. Legal Aid South Africa looks forward to contributing to the development of an independent and unified legal profession that understands the need forpoor and indigent persons to be able to access justice as contemplated in our Constitution.
In December 2012, the United Nations General Assembly adoptedthefirstinternationallegalaidinstrument:theUNPrinciples and Guidelines on access to legal aid in criminal matters. This has paved the way for the development of
legal aid systems and increased access to justice by indigent persons in all member countries.
Legal Aid South Africa, in conjunction with the Department of Justice and Correctional Services, hosted an International Conference, which resulted in the Johannesburg Declaration calling upon all member states to take practical measures to implement legal aid systems. This has taken legal aid to the forefront of the international agenda.
3.4. STRATEGIC OUTCOME ORIENTED GOALS
The strategic outcome oriented goals of Legal Aid South Africa, as per the Strategic Plan 2012–2017, are stated in Part A, Section 3.4 of this Annual Report, and progress made towards achievement of the Objectives, Strategies and Programmes is reported on in Section 4, Performance Information by Programme below.
4. Performance Information by Programme
On the 20th of March 2014 the Minister of Justice and Correctional Services approved Legal Aid South Africa’sAnnualPerformancePlanforthe2014–2015financialyear.
The following are the delivery statistics for the organisation nationally and per province for the 2014–2015 financialyear and the detailed performance information against the approved 2014–2015 Annual Performance Plan.
Protecting and defending the rights of women and children.
26 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 03: Legal Aid South Africa Corporate Dashboard
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E PR
IOR
YEA
RS
VAR
IAN
CE
AN
NU
AL
TAR
GET
2014
–201
520
13–2
014
2012
–201
320
14–2
015
OVE
R
2013
–201
4
NU
MB
ER%
NU
MB
ER%
PER
FOR
MA
NC
E A
GA
INST
TA
RG
ETN
UM
BER
/%N
UM
BER
/%N
UM
BER
/%
OVE
RA
LL P
ERFO
RM
AN
CE
Del
iver
y of
Bus
ines
s Pl
an
1C
lient
Com
mun
ity
Ach
ieve
d A
chie
ved
Ach
ieve
d
2Fi
nanc
ial S
usta
inab
ility
Ach
ieve
d A
chie
ved
Ach
ieve
d
3B
usin
ess
Proc
esse
s
Ach
ieve
d A
chie
ved
Ach
ieve
d
4Em
ploy
ee &
Org
anis
atio
nal C
apac
ity A
chie
ved
Ach
ieve
d A
chie
ved
ExEC
UTI
VE A
UTH
OR
ITY
AC
CO
UN
TAB
ILIT
Y
5Q
uart
erly
/Ann
ual R
epor
t/s 5
5
A
chie
ved
5
3
6Pa
rliam
enta
ry B
riefin
gs 2
2
1
CLI
ENT
CO
MM
UN
ITY
7N
ew L
egal
Del
iver
y M
atte
rs/In
stru
ctio
ns (i
.e.
num
ber o
f ins
truc
tions
to le
gal p
ract
ition
ers)
(E
xcl.
Pro
Bon
o)
448
195
447
301
438
844
0%
% in
YTD
Col
umn
repr
esen
ts s
plit
acro
ss
deliv
ery
syst
ems
7.1
Just
ice
Cen
tres
– N
ew M
atte
rs 3
90 0
18
421
527
94%
8%
bet
ter t
han
targ
et 4
24 6
79 4
20 7
08-1
%
7.2
Judi
care
– N
ew M
atte
rs 2
0 67
4 5%
16
035
14
225
29%
7.3
Co-
oper
atio
n P
artn
ers
– N
ew M
atte
rs 4
777
1%
5 5
46
3 2
06
-14%
7.4
Age
ncy
Agr
eem
ents
1 1
99
0% 1
041
7
05
15%
7.5
Impa
ct L
itiga
tion
18
0%0%
7.6
Pro
Bon
o 1
56
0%0%
8Fi
nalis
ed D
eliv
ery
Mat
ters
/Inst
ruct
ions
(E
xcl.
Pro
Bon
o)
444
630
433
532
432
002
2,6%
% in
YTD
Col
umn
repr
esen
ts s
plit
acro
ss
deliv
ery
syst
ems
8.1
Just
ice
Cen
tres
– Fi
nalis
ed M
atte
rs 3
90 0
18
425
199
96
%9%
bet
ter t
han
targ
et 4
17 1
37 4
17 5
90 1
,9%
8.2
Judi
care
– F
inal
ised
Mat
ters
13
300
3% 1
0 71
8 1
0 30
5 2
4%
PERFORMANCE INFORMATION
27LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E PR
IOR
YEA
RS
VAR
IAN
CE
AN
NU
AL
TAR
GET
2014
–201
520
13–2
014
2012
–201
320
14–2
015
OVE
R
2013
–201
4
NU
MB
ER%
NU
MB
ER%
PER
FOR
MA
NC
E A
GA
INST
TA
RG
ETN
UM
BER
/%N
UM
BER
/%N
UM
BER
/%
8.3
Co-
oper
atio
n P
artn
ers
– Fi
nalis
ed M
atte
rs 5
065
1%
4 8
67 3
250
4%
8.4
Age
ncy
Agr
eem
ents
1 0
57
0% 8
10 8
57 3
0%
8.5
Impa
ct L
itiga
tion
9 0
%0%
8.6
Pro
Bon
o7
0%
0%
%
in Y
TD C
olum
n re
pres
ents
spl
it be
twee
n cr
imin
al/c
ivil
9.1
Crim
inal
Tot
al N
ew M
atte
rs 3
94 1
72
88%
390
118
3
83 5
67
1%
9.2
Civ
il To
tal N
ew M
atte
rs 5
4 02
3 12
% 5
7 18
3 5
5 27
7 -6
%
10G
ener
al A
dvic
e 3
21 2
41
328
979
297
835
-2%
10.1
JusticeCentres&SatelliteOffices
255
725
2
46 9
02
3%
low
er th
an
targ
et
243
548
2
27 5
61
1%
10.2
Cal
l Cen
tre 5
8 40
4 4
2 88
6 2
7% lo
wer
than
ta
rget
5
5 62
3 4
4 24
7 -2
3%
10.3
ATP
– P
aral
egal
s 3
1 29
8 3
1 45
3 O
n ta
rget
2
9 80
8 2
6 02
7 6%
11C
hild
ren
Aw
aitin
g Tr
ial (
> 1
mon
th in
cus
tody
)
11.1
New
605
3
53
282
71
%
11.2
Fina
lised
506
3
30
347
53
%
11.3
Pen
ding
103
6
2 5
2 66
%
% in
YTD
Col
umn
repr
esen
ts s
plit
betw
een
crim
inal
/civ
il
12C
hild
ren
– To
tal m
atte
rs 1
6 48
2 1
6 85
8 2
6 10
5 -2
%
12.1
Chi
ldre
n –
New
Crim
inal
Mat
ters
1
1 65
1 70
,7%
11
689
19
840
0%
12.2
Chi
ldre
n –
New
Civ
il M
atte
rs 4
831
29
,3%
5 1
69
6 2
65
-7%
13Pe
ndin
g M
atte
rs
13.1
.1P
endi
ng M
atte
rs –
JC
174
725
1
83 7
84
177
286
-5
%
13.1
.2To
tal B
ackl
og M
atte
rs (J
C)
31
144
18%
32
525
30
501
-4%
13.2
.1P
endi
ng D
C –
Tot
al (J
C)
87
760
9
0 13
0 8
8 36
2-3
%
13.2
.2D
C M
atte
rs >
6 m
onth
s 2
0%
7 2
62
8% 1
2% b
ette
r tha
n ta
rget
8
362
10
211
-13%
13.3
.1P
endi
ng R
C –
Tot
al (J
C)
28
901
3
1 50
8 3
1 26
0 -8
%
13.3
.2R
C M
atte
rs >
9 m
onth
s25
% 8
081
28
% 3
% lo
wer
than
ta
rget
8
425
8 7
97 -4
%
13.4
.1P
endi
ng H
C –
Tot
al (J
C)
3 8
20
3 2
54 2
378
17%
PERFORMANCE INFORMATION
28 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E PR
IOR
YEA
RS
VAR
IAN
CE
AN
NU
AL
TAR
GET
2014
–201
520
13–2
014
2012
–201
320
14–2
015
OVE
R
2013
–201
4
NU
MB
ER%
NU
MB
ER%
PER
FOR
MA
NC
E A
GA
INST
TA
RG
ETN
UM
BER
/%N
UM
BER
/%N
UM
BER
/%
13.4
.2P
endi
ng H
C –
Exc
l. A
ppea
l Mat
ters
687
6
400%
13.4
.3H
C M
atte
rs >
12 m
onth
s (E
xcl.
App
eal M
atte
rs)
30%
241
35
% 5
% lo
wer
than
ta
rget
2
14 1
226
13.5
.1P
endi
ng C
ivil
– To
tal (
JC)
54
244
58
892
55
286
-8%
13.5
.2C
ivil
Mat
ters
>18
mon
ths
30%
15
560
29%
1%
hig
her t
han
targ
et
15
524
10
267
0%
14Le
gal s
ervi
ces
deliv
ery
– Q
ualit
y M
onito
ring
14.1
.1C
As
– IA
(LQ
AU
) File
Aud
it sc
ore
8
0%
87%
7%
hig
her t
han
targ
et
88%
86%
-1%
14.1
.2C
As
– IA
(LQ
AU
) Cou
rt O
bser
vatio
n S
core
8
0%
90%
10%
hig
her t
han
targ
et
90%
88%
0%
14.2
.1PA
s –
IA(L
QA
U) F
ile A
udit
scor
e
85%
90
% 5
% h
ighe
r tha
n ta
rget
90
%89
%0%
14.2
.2PA
s –
IA(L
QA
U) C
ourt
Obs
erva
tion
Sco
re
85%
93
% 8
% h
ighe
r tha
n ta
rget
93%
93%
0%
14.3
.1H
CU
PA
s –
IA(L
QA
U) F
ile A
udit
scor
e
90%
94
% 4
% h
ighe
r tha
n ta
rget
95
%93
%-1
%
14.3
.2H
CU
PA
s –
IA(L
QA
U) C
ourt
Obs
erva
tion
Sco
re
90%
97
% 7
% h
ighe
r tha
n ta
rget
95
%96
%2%
14.4
.1PA
– C
ivil
– IA
(LQ
AU
) File
Aud
it sc
ore
8
5%
90%
5%
hig
her t
han
targ
et
89%
88%
1%
14.4
.2PA
– C
ivil
– IA
(LQ
AU
) Cou
rt O
bser
vatio
n S
core
8
5%
-96
%92
%-
15C
omm
unity
Out
reac
h Pr
ogra
mm
es
15.1
Pris
on C
ells
(tot
al 2
40) B
rand
ing
240
10
0% 3
82
159%
Hig
her t
han
targ
et
393
3
79
-3%
15.2
Pol
ice
Cel
ls (t
otal
911
) Bra
ndin
g 5
46
60%
869
14
1% H
ighe
r tha
n ta
rget
8
37
915
4%
15.3
Cou
rt (to
tal 6
71) B
rand
ing
671
10
0% 8
26
123%
Hig
her t
han
targ
et
763
7
39
8%
15.4
Com
mun
ity E
vent
s at
Gov
ernm
ent K
ey P
oint
s 2
56
100%
594
23
1% H
ighe
r tha
n ta
rget
3
74
725
59
%
FIN
AN
CIA
L SU
STA
INA
BIL
ITY
16B
udge
t 1
638
622
972
1
468
047
424
1
413
745
376
12
%
16.1
MTE
F A
lloca
tion
1 5
04 7
08 0
00
1 3
75 4
42 0
00
1 2
59 7
63 0
99
9%
16.2
Exp
endi
ture
(% o
f bud
get)
98%
1
596
124
628
98
,1%
0,1
% h
ighe
r tha
n ta
rget
1
456
520
928
1
388
368
322
9,
6%
PERFORMANCE INFORMATION
29LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E PR
IOR
YEA
RS
VAR
IAN
CE
AN
NU
AL
TAR
GET
2014
–201
520
13–2
014
2012
–201
320
14–2
015
OVE
R
2013
–201
4
NU
MB
ER%
NU
MB
ER%
PER
FOR
MA
NC
E A
GA
INST
TA
RG
ETN
UM
BER
/%N
UM
BER
/%N
UM
BER
/%
16.3
Pay
men
ts (%
) with
in 3
0 da
ys
16.3
.1Ju
dica
re 1
00%
99
,9%
On
targ
et
99,1
%99
%1%
16.3
.2C
redi
tors
100
%
99%
1%
low
er th
an
targ
et
97,2
%99
%2%
17A
FS re
port
ing
issu
es
17.1
Frau
d D
etec
ted/
Rep
orte
d 6
17.2
Una
utho
rised
, Irr
egul
ar, F
ruitl
ess,
Was
tefu
l E
xpen
ditu
re38
26 1
7 46
%
17.3
Fina
ncia
l Mis
cond
uct
4226
17
62%
18Su
pply
Cha
in M
anag
emen
t
18.1
BA
C M
eetin
gs 1
2 or
as
requ
ired
10
On
track
1
0 1
20%
18.2
Bus
ines
s C
ontin
uity
/Cris
is C
ontin
genc
y P
lan
in P
lace
1
On
track
1
19B
oard
19.1
Mee
tings
4
4 O
n tra
ck
4
4
0%
19.2
Trai
ning
2
2 O
n tra
ck
2
2
0%
19.3
Boa
rd P
ositi
ons
Fille
d 1
8 16
On
track
1
4 1
8 14
%
20A
udito
r-G
ener
al R
epor
t
20.1
AG
Ove
rall
Rep
ort (
2013
–201
4)Unqualified
Unqualified
Targ
et a
chie
ved
Unqualified
Unqualified
20.2
AG
Mat
ters
of E
mph
asis
/Men
tion
(201
3–20
14)
- -
Targ
et a
chie
ved
- 1
21In
tern
al A
udit
Rep
orts
21.1
IA C
over
age
– C
ompl
eted
Rep
orts
150
1
64
109%
9%
hig
her t
han
targ
et
120
116
37%
BU
SIN
ESS
PRO
CES
SES
22Sy
stem
Ava
ilabi
lity
(%)
95%
99
,7%
5% h
ighe
r tha
n ta
rget
98
,5%
100%
1%
23U
ser S
uppo
rt (%
Cal
ls W
ithin
Agr
eed
Tim
e)90
%96
% 6
% h
ighe
r tha
n ta
rget
95
%95
%1,
6%
PERFORMANCE INFORMATION
30 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E PR
IOR
YEA
RS
VAR
IAN
CE
AN
NU
AL
TAR
GET
2014
–201
520
13–2
014
2012
–201
320
14–2
015
OVE
R
2013
–201
4
NU
MB
ER%
NU
MB
ER%
PER
FOR
MA
NC
E A
GA
INST
TA
RG
ETN
UM
BER
/%N
UM
BER
/%N
UM
BER
/%
23.1
ITSecurity–virusesblockedatfirewall
99%
99
% O
n ta
rget
10
0%10
0%-1
%
23.2
Bus
ines
s In
telli
genc
e –
avai
labl
e 9
5%
100%
5%
hig
her t
han
targ
et
100%
100%
23.3
Dis
aste
r Rec
over
y –
test
ed s
ucce
ssfu
lly 1
00%
10
0% O
n ta
rget
10
0%10
0%
EMPL
OYE
E &
OR
GA
NIS
ATIO
NA
L C
APA
CIT
Y
24In
fras
truc
ture
24.1
Just
ice
Cen
tres
(JC
) 6
4 6
4 M
aint
aine
d 6
4 6
4
24.2
SatelliteOffices(SO)
64
64
Mai
ntai
ned
64
64
25Le
gal S
taffi
ng –
Bud
gete
d Po
sts
(Onl
y JC
s)
25.1
PAs
(100
% =
104
7 PA
s)96
% 9
57
91,4
%4,
6% lo
wer
than
ta
rget
922
9
17
4%
25.2
CA
s (1
00%
= 5
90 C
As)
96%
581
98
,5%
2,5%
hig
her t
han
targ
et 6
10
612
-4
,8%
25.3
Lega
l Man
ager
s (1
00%
= 34
2 po
sts)
96%
324
94
,7%
1,3%
low
er th
an
targ
et 2
90
282
12
%
25.4
Par
aleg
als
(100
% =
172
pos
ts)
96%
164
95
,3%
0,7%
low
er th
an
targ
et
26St
affin
g
26.1
Est
ablis
hmen
t (bu
dget
ed p
osts
) 2
797
2
707
2
694
3%
26.2
Num
ber o
f Sta
ff (r
ecru
ited)
> 96
% 2
619
93
,6%
2,4%
low
er th
an
targ
et
2 5
86
2 5
76
1%
26.3
Num
ber o
f Leg
al S
taff
(incl
. par
aleg
als)
(bud
gete
d) 2
210
2
132
2
114
26.4
Num
ber o
f Leg
al S
taff
(incl
. par
aleg
als)
(rec
ruite
d) 2
071
93
,7%
2 0
39
2 0
29
2%
26.5
Turn
over
exc
ludi
ng C
As
& T
empo
rary
/Con
tract
Sta
ff8,
5%6,
06%
Hig
her t
han
targ
et
6,07
%6%
-0,2
%
27Em
ploy
ee R
elat
ions
27.1
Grie
vanc
es 5
1 2
% o
f tot
al
staf
f 2
0 0,
8%Fe
wer
grie
vanc
es
than
targ
et
11
18
82%
27.2
Dis
cipl
inar
y H
earin
gs 6
4 2
,5%
of t
otal
st
aff
25
1,0%
Few
er d
isci
plin
ary
hear
ings
than
targ
et
21
16
19%
27.3
Dis
cipl
inar
y M
atte
rs 6
4 2
,5%
of t
otal
st
aff
35
1,3%
Few
er d
isci
plin
ary
mat
ters
than
targ
et
38
95
-8%
PERFORMANCE INFORMATION
31LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E 20
14–2
015
PER
FOR
MA
NC
E PR
IOR
YEA
RS
VAR
IAN
CE
AN
NU
AL
TAR
GET
2014
–201
520
13–2
014
2012
–201
320
14–2
015
OVE
R
2013
–201
4
NU
MB
ER%
NU
MB
ER%
PER
FOR
MA
NC
E A
GA
INST
TA
RG
ETN
UM
BER
/%N
UM
BER
/%N
UM
BER
/%
27.4
New
Lab
our D
ispu
tes
26
1%
of t
otal
st
aff
21
0,8%
On
track
1
0 2
0 11
0%
28St
aff T
rain
ing
28.1
Lega
l Dev
elop
men
t (tra
inin
g ho
urs)
Hou
rs
– le
gal s
taff
(15
hour
s pe
r leg
al S
taff
– ex
cl C
As)
20
792
11
308
54%
Low
er th
an ta
rget
2
0 64
0 2
8 08
3-4
5%
29Le
gal S
taff
(JC
trai
ning
hou
rs)
29.1
CA
(36
hour
s pe
r CA
) 1
8 61
9 4
1 61
9 22
4% H
ighe
r tha
n ta
rget
4
5 41
6 4
4 90
7 -8
%
29.2
PA (2
4 ho
urs
per P
A)
13
174
20
694
157%
Hig
her t
han
targ
et
33
732
36
799
-39%
30H
ealth
& S
afet
y
30.1
Inju
ry o
n D
uty
26
1%
of t
otal
st
aff
16
0,6%
Hig
her t
han
targ
et
19
14
-16%
30.2
HIV
/AID
S –
Vol
unta
ry C
ouns
ellin
g an
d Te
stin
g (%
st
aff t
este
d)30
%37
% 7
% h
ighe
r tha
n ta
rget
3
85
28%
0%
31Em
ploy
men
t Equ
ity
31.1
Ove
rall
tota
l sta
ff (in
clud
es c
ontra
ct a
nd te
mpo
rary
st
aff)
31.1
.1B
lack
s88
% 2
374
87
,7%
0,3%
low
er th
an
targ
et87
,8%
87,7
%-0
,1%
31.1
.2A
frica
ns74
% 1
892
69
,9%
4,4%
low
er th
an
targ
et69
,1%
68,6
%0,
8%
31.1
.3W
omen
45%
1 3
84
51,2
%6,
1% h
ighe
r tha
n ta
rget
50,9
%50
,6%
0,6%
31.1
.4P
eopl
e w
ith d
isab
ilitie
s2%
47
1,7%
0,3%
low
er th
an
targ
et1,
7%1,
6%4,
2%
31.2
Sen
ior M
anag
emen
t
31.2
.1B
lack
s88
% 8
8 80
,0%
8% lo
wer
than
ta
rget
78,4
%75
,9%
2,1%
31.2
.2A
frica
ns74
% 6
4 58
,2%
15,8
% lo
wer
than
ta
rget
57,7
%54
,6%
0,9%
31.2
.3W
omen
45%
40
36,4
%8,
6% lo
wer
than
ta
rget
35,1
%34
,3%
3,5%
PERFORMANCE INFORMATION
32 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 04: Legal Aid South Africa Corporate Dashboard 2013–2014 Provincial Split
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
AN
NU
AL
TAR
GET
EAST
ERN
C
APE
FREE
ST
ATE
GA
UTE
NG
KW
AZU
LU-
NAT
AL
LIM
POPO
MPU
MA
-LA
NG
AN
OR
TH
WES
TN
OR
THER
N
CA
PEW
ESTE
RN
C
APE
FULL
YEA
R
NU
MB
ER%
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
JC P
ERFO
RM
AN
CE
MO
NIT
OR
1JC
PM N
atio
nal
Aver
age
90%
98
%97
%98
%95
%97
%91
%93
%97
%96
%97
%
CLI
ENT
CO
MM
UN
ITY
2N
ew L
egal
D
eliv
ery
Mat
ters
/ In
stru
ctio
ns
(i.e.
num
ber o
f in
stru
ctio
ns to
le
gal p
ract
ition
ers)
63
126
32
919
80
669
72
996
21
454
28
051
28
376
19
817
100
769
4
48 1
95
2.1
Just
ice
Cen
tres
– To
tal N
ew M
atte
rs 3
90 0
18 5
9 59
6 2
9 91
1 7
5 12
8 6
9 43
8 2
0 75
9 2
6 98
4 2
6 53
8 1
8 13
9 9
5 03
4 4
21 5
27
2.2
Judi
care
– T
otal
New
M
atte
rs 2
594
2
562
3
891
3
287
5
45
912
1
775
1
385
3
723
2
0 67
4
2.3
Co-
oper
atio
n P
artn
ers
– To
tal N
ew
Mat
ters
936
-
1 6
50
271
-
155
6
3 -
1 7
02
4 7
77
2.4
Age
ncy
Agr
eem
ents
–
Tota
l New
Mat
ters
- 4
46
- -
150
-
- 2
93
310
1
199
2.5
Impa
ct L
itiga
tion
- -
- -
- -
- -
- 1
8
2.6
Pro
Bon
o 4
6 1
3 1
8 4
2 3
1
2
8 2
3
1
56
2.7
Just
ice
Cen
tres
– N
ew C
rimin
al
Mat
ters
51
740
25
157
67
086
60
898
17
923
23
951
23
352
16
102
87
770
373
979
2.8
Judi
care
– N
ew
Crim
inal
Mat
ters
2 1
60
1 8
25
3 0
80
3 1
93
456
8
56
1 4
56
1 3
57
3 6
92
18
075
2.9
Co-
oper
atio
n P
artn
ers
– N
ew
Crim
inal
Mat
ters
3
910
9
13
2.10
Age
ncy
Agr
eem
ents
–
New
Crim
inal
M
atte
rs
446
1
50
293
3
10
1 1
99
2.11
Impa
ct L
itiga
tion
– N
ew C
rimin
al
Mat
ters
6
2.12
Pro
Bon
o –
New
C
rimin
al M
atte
rs 2
3 2
7
2
8 2
1
5 1
7
8
PERFORMANCE INFORMATION
33LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NO
IND
ICAT
OR
PER
FOR
MA
NC
E 20
14–2
015
AN
NU
AL
TAR
GET
EAST
ERN
C
APE
FREE
ST
ATE
GA
UTE
NG
KW
AZU
LU-
NAT
AL
LIM
POPO
MPU
MA
-LA
NG
AN
OR
TH
WES
TN
OR
THER
N
CA
PEW
ESTE
RN
C
APE
FULL
YEA
R
NU
MB
ER%
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
NU
MB
ERN
UM
BER
2.13
Just
ice
Cen
tres
– N
ew C
ivil
Mat
ters
7 8
56
4 7
54
8 0
42
8 5
40
2 8
36
3 0
33
3 1
86
2 0
37
7 2
64
47
548
2.14
Judi
care
– N
ew C
ivil
Mat
ters
434
7
37
811
9
4 8
9 5
6 3
19
28
31
2 5
99
2.15
Co-
oper
atio
n P
artn
ers
– N
ew C
ivil
Mat
ters
933
1
650
2
71
155
6
3 7
92
3 8
64
2.16
Age
ncy
Agr
eem
ents
–
New
Civ
il M
atte
rs -
2.17
Impa
ct L
itiga
tion
– N
ew C
ivil
Mat
ters
1
2
2.18
Pro
Bon
o 2
3 1
1 1
1 1
4 1
1
1
3 2
2
7
8
3Fi
nalis
ed
Del
iver
y M
atte
rs/
Inst
ruct
ions
63
441
32
249
80
936
71
364
22
577
27
007
27
856
19
340
99
851
444
630
3.1
Just
ice
Cen
tres
– Fi
nalis
ed M
atte
rs 3
90 0
18 1
00%
of
new
mat
ters
60
670
29
889
77
696
68
767
21
930
25
996
26
768
18
314
95
169
425
199
3.2
Judi
care
– F
inal
ised
M
atte
rs 1
538
1
907
1
769
2
352
5
66
743
1
088
7
71
2 5
66
13
300
3.3
Co-
oper
atio
n P
artn
ers
– Fi
nalis
ed
Mat
ters
1 2
33
59
1 4
71
245
2
68
1 7
89
5 0
65
3.4
Age
ncy
Agr
eem
ents
394
8
1 2
55
327
1
057
3.5
Impa
ct L
itiga
tion
9
3.6
Pro
Bon
o
5
1
1
7
4.1
Crim
inal
New
Mat
ters
53
903
27
428
70
166
64
091
18
529
24
807
24
808
17
752
92
682
394
172
4.2
Civ
il N
ew M
atte
rs 9
223
5
491
1
0 50
3 8
905
2
925
3
244
3
568
2
065
8
087
5
4 02
3
5C
hild
ren
– To
tal
Mat
ters
2 4
67
1 4
18
2 2
29
3 0
37
476
6
85
779
6
34
4 7
57
16
482
5.1
Chi
ldre
n –
New
C
rimin
al M
atte
rs
1 9
14
677
1
259
1
734
4
03
406
6
72
485
4
101
1
1 65
1
5.2
Chi
ldre
n –
New
Civ
il M
atte
rs 5
53
741
9
70
1 3
03
73
279
1
07
149
6
56
4 8
31
6Pe
ndin
g M
atte
rs
Pen
ding
Mat
ters
–
JC 2
5 53
6 1
4 90
6 2
8 40
0 2
8 75
6 8
954
1
3 17
7 1
3 30
7 7
138
3
4 55
1 1
74 7
25
PERFORMANCE INFORMATION
34 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
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064
PERFORMANCE INFORMATION
35LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 05: Legal Aid South Africa Annual Performance Report
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 1: Empowered clients and communities making informed choices about their legal rights and responsibilities
Objective 2: All poor and vulnerable persons able to access quality public funded legal services to protect and defend their rights
STRATEGY I: DELIVERING CLIENT-FOCUSED LEGAL AID, INCLUDING TO VULNERABLE GROUPS, IN CRIMINAL MATTERS WITHIN BUDGET CONSTRAINTS
Programme 1: To deliver (increase access) quality criminal legal services that are client focused
P1-1 Criminal Court Coverage
Access to justice to indigent in criminal matters
Practitioners in lower courts to be allocated court work a maximum of four days per week
Coverage:DCs:=85%RCs:98%HCs:AllLAmatters
All criminal courts covered
JC court coverage plans were prepared to ensure coverage of all criminal courts. A practitioner per court model was used in the district courts. Our district court coverage at the end of the FY was 87%.
Theefficientuseofouravailablestaffingcapacity has enabled us to provide coverage to DC higher than our target of 85%.
A practitioner per court model was used in the regional court. As at the end of the FY, our regional court coverage was 96%.
Some JCs have decreased their court coverage to better align to demand. This was in keeping with the recommendations arising from our court roll research study. The capacity made available from this exercise was used to implement our court relief programme.
A central court roll model was in place for high court coverage and representation was provided in all matters that required Legal Aid. Legal Aid South Africa HCU practitioners were allocated matters for an average of 76% of the court days during the FY.
During this FY, 448 195 new matters were taken on of which 394 172 (88%) were criminal matters.
During this FY, 444 630 matterswerefinalisedof which 388 344 (87%) were criminal matters.
P1-2 Children Awaiting Trial (CAT)
CAT in custody > 1 month monitored
All CAT requiring legal aid > 1 month represented & individually tracked monthly
CAT programme implemented
Legal Aid South Africa monitored 605 new children awaiting trial in custody during FY 2014–2015. We also assistedinfinalising506 matters of children awaiting trial. At the end of the FY, there were 103 children in custody awaiting trial of which 71 children were in custody for periods in excess of one month. Each of these children was individually tracked on our CAT web page to ensure that their matters received priority attention.
PERFORMANCE INFORMATION
36 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
P1-3 Reducing Case Backlogs
Cases in all court types exceeding targeted turnaround times monitored.
Case turnaround times:< 20% DC cases > 6 months;< 25% RC cases > 12 months;< 30% HC cases > 18 months (excluding appeals matters)
All pending matters exceeding target turnaround times monitored
The percentage of matters exceeding the target turnaround times at the end of the FY wereasfollows:DC matters – 8% (within target)RC matters – 28% (3% more than the target)HC matters – 35% (5% more than the target).
We are below target for RC and HC matters. We are not able to pinpoint the exact reasons for the poor performance of these courts but, various reasons contributed to delays in criminal cases including congested court rolls, delays in investigations and repeated requests by the state for postponements.
Programme 2: To increase access points, including to vulnerable groups, to criminal legal aid services
P2-1 Preliminary Courts Coverage
All preliminary courts covered by Legal Aid South Africa practitioners to facilitate diversion of childrens cases out of the CJS
All preliminary courts covered by Legal Aid South Africa practitioners
Legal Aid capacity provided to preliminary inquiry courts as required to facilitate diversion of childrens cases out of the CJS
Legal Aid South Africa provides representation at preliminary inquiries onlywhenspecificallyrequested to do so by thepresidingofficer,as the Child Justice Act does not make legal representation mandatory at these inquiries. However, where dedicated preliminary inquiry courts have been established, we ensured that practitioner capacity was made available to cover these courts.
3 336 new preliminary inquiry matters were taken on by our JCs and 3 302 matters were finalised.
STRATEGY II: DELIVERING CLIENT-FOCUSED LEGAL AID, INCLUDING TO VULNERABLE GROUPS, IN CIVIL MATTERS WITHIN BUDGET CONSTRAINTS
Programme (4) 3: To deliver (increase access) quality civil legal aid services that are client-focused
P3-1 Access toCivil Legal Aid
Civil legal aid delivery
100% of practitioner case target
Civil clients assisted within available capacity
47 548 new civil matters were taken on by JCs in the 2014–2015 FY. This was 4% more than the civil capacity target.
Practitioners on average exceeded their capacity targets thereby taking on more civil matters than the available civil capacity.
During this FY, 448 195 new matters were taken on of which 54 023 (12%) were civil matters. This represents a 5,5% decrease in civil matters over the previous financialyear.Thecivilpractitioner case load target of 45 725 was exceeded by 4% as 47 548 new matters were taken on by JC civil practitioners.
The intake of new matters by Justice Centres still exceeds the available capacity despite the reduction in the number of new matters taken on by JCs. There was also a decrease in the number of new civil matters taken on by Co-op Partners although the reason for this cannot be pinpointed but it would most likely link to the available capacity.
PERFORMANCE INFORMATION
37LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
STRATEGY III: DELIVERING CLIENT-FOCUSED PRIMARY LEGAL ADVICE SERVICES
Programme (6) 4: To deliver (increase access) quality legal advice services that are client-focused
P4-1 Legal Advice Capacity
General advice service available at all Legal Aid South Africa offices
Growth in legal advice matters:5%within available capacity
Increase general advice service provided at all offices
A total of 321 241 general advice consultations were conducted during this FY. This represents 93% of the annual target of 345 428. This represent a decrease of 2.4% over thepreviousfinancialyear.
The majority of these consultations (246 902) were walk-in clients at the JCs and SOs. This was an increase of 1,4% over the previousfinancialyear.Paralegals were also required to conduct advice services at various community facilities in rural areas to increase access to justice.
The call centre logged 42 886 general advice consultations. This represents a decrease of 23% over the previousfinancialyear.
The target is subject to the actual demand for advice services and thus due to the limited demand at some JCs and SOs the 5% growth in civil advice matters was not achieved. No client seeking advice was refused assistance due to a lack of capacity to provide such advice services.
The decrease in the call centre volumes is due to the limited TV advertising which directly impacts on call volumes. In addition, the basis for calculating the number of advice calls changed after Q1 in that returning advice client calls are no longer included in the statistics for new advice matters. The previous system was not able to distinguish returning advice client calls.
STRATEGY IV: DELIVERING CLIENT FOCUSED IMPACT LEGAL AID SERVICES
Programme (10) 5: To increase access to justice through impact litigation – which is able to address Constitutional rights and socio-economic rights and develop jurisprudence on these matters
P5-1 Legal Action through the ImpactLitigation Unit, Class Actions, etc.
Effective Strategic Plan for the ILU Aligned to the Organisational Strategic Plan
Effective One Implement ILU Strategic Plan
The ILU Strategic Plan and Agenda for 2015 to 2020wasfinalisedandapproved by the Board on 28 February 2015.
Impact Litigation Services provided by the Impact Litigation Unit
Assistance to class of persons and/or setting precedents and/or giving content to constitutional rights
90% success Number of new and pending matters handled by impact litigation unit as approved by the CCMC/ CLE & NOE within the approved budget
Legal representation provided in Impact matters
In total 18 new Impact matters were approved in2014–2015financialyear out of a total of 47 matters that were assessed for acceptance as Impact Litigation matters by CCMC. Eight of the nine finalisedmattersweresuccessfully concluded inthefinancialyearresulting in a success rate of 89%, which is approximately 90% as per the target.
PERFORMANCE INFORMATION
38 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
STRATEGY V: DEVELOPING NEW AND ALTERNATIVE METHODS OF INCREASING ACCESS TO JUSTICE; (developing new methods will have to be reviewed depending on budget)
Programme (11) 6: To explore, develop and implement new alternative dispute resolution options to improve access to justice
P6-1 Alternative Dispute Resolution
New and alternative methods of increasing access to justice investigated and implemented
All recom-mendations considered and feasible recom-mendations implemented
Consider recommenda-tions of pilot project and feasible recom-mendations implemented
The Board approved that mediation will be retained as a part of overall service delivery but that civil principal attorneys will have the discretion to decide on appropriate cases to be resolved by mediation.Recommendations of pilot project on ADR have been implemented and 15% of the 29528mattersfinalisedwith an outcome were settled using ADR methodologies.
Court Annexed Mediation was launched in December 2014 by the Department of Justice. The pilot commenced on 16 February 2015 and it is currently limited to the North West Province and Gauteng. Legal Aid South Africa is participating in the project but there will be limited impact as the pilotisconfinedtotheDCs. The project would have a greater impact in the Regional Civil Courts especially in family disputes/divorces.
Objective 3: An accessible, effective and efficient justice system serving all in South Africa
STRATEGY VI: CONTRIBUTING TO THE EFFECTIVE FUNCTIONING OF THE JUSTICE AND LEGAL SECTOR
Programme (13) 7: To implement recommendations of Criminal and Civil Justice Reviews
P7-1 Contribute to and Implement Criminal Justice System (CJS) Review
An improved criminal justice system
Interests of Legal Aid South Africa clients monitored and advanced
All recommen-dations affect-ing Legal Aid South Africa implemented
Implementa-tion of Criminal Justice System review recom-mendations
DuringthefinancialyearLegal Aid South Africa attended and contributed to meetings of the CJS Review Committee. Legal Aid South Africa has implemented all recommendations regarding protocols that affect Legal Aid South Africa as well as monitored seven legislative and 15 other proposals.
PERFORMANCE INFORMATION
39LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Programme (14) 8: To improve the functioning of the justice and legal sector by building stronger and effective partnerships with stakeholders in the justice sector
P8-1 Case Backlog Project
Participation in project to reduce case backlog
All DC and RC backlog courts
Participation in project to reduce case backlog
Legal Aid South Africa provided capacity to 22 DC and 26 RC backlog courts. Backlog courts have been included as part of our normal court coverage programme. Our coverage of backlog DC was at 97% (12% above our target for DC) and RCs were at 97% (1% below the average for RC).
Our current IT system does not allow us to report on the performance of individual court rooms. The DoJ provides periodic reports on the performance of all backlog courts, including backlog court statistics.
The high level of coverage for backlog DC is attributable to the fact that dedicated practitioners were recruited for these courts. There have been challenges with court stakeholders at a local level terminating, relocating or starting a backlog court without consultation with the nationalofficeoftheDoJ. This can explain some disruptions in our coverage of backlog courts.
P8-2 Remand Detainees (RDs)
Participation in justice cluster team to manage problems of awaiting trial detainees
Participate in all MRD meetings as per meeting schedule
Participation in MRDs meetings
Legal Aid South Africa was an active participant in the MRD (Management of RD) committee until its work was wound up early in the FY. Legal Aid South Africa has now taken a lead role as part of the CJS Review Committee to compile reports for discussion by PEECs. A report including the details of the top 20 longest serving RDs per province is compiled for discussion at PEEC meetings.
Objective 4: Effective sustained stakeholder partnership able to jointly increase access to justice as well as to support other external developing legal aid organisations
STRATEGY VII: IMPLEMENTING COMMUNITY EDUCATION/OUTREACH PROGRAMMES
Programme (15) 9: Improve awareness, inform and educate communities on Constitutional rights and responsibilities
P9-1 Community Outreach on the Constitution and Rights
Increased awareness by communities on rights and Constitution
1 Outreach event per JC/SO at government key service delivery
One per quarter per JC/SO
Local community structures
Marketing services of Legal Aid South Africa were carried out through outreach programmes at local structures and at government key service delivery areas. 594 community outreach events were held at local structures. 427 poster were displayed at government service points and 456 events were held at key government service points in the reporting period.
All deliverables exceeded targets with outreach community events by 128%, poster display by 64% and outreach at key government service points by 75%. The excess deliverables were as a result of increased efforts Legal Aid South Africa put to reach communities and potential clients during the 2014–2015.
PERFORMANCE INFORMATION
40 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
STRATEGY VIII: FORGING STAKEHOLDER PARTNERSHIPS TO JOINTLY INCREASE ACCESS TO JUSTICE
Programme (16) 10: Increasing co-operation with and accountability to stakeholders
P10-1 Stakeholder Relationship Management at Local Level
Engagement with all identifiedprimary and secondary stakeholders
Stakeholder engagement programme implemented as planned annually
Stakeholder engagement programme implemented as planned annually
Stakeholder Management Matrix webpage was revised to include the impact assessment/ analysis in terms of the content discussed and maturity level of the relationships. 306 roundtable discussion meetings and 186 partnerships with civil society achieved in the reporting period.
Legal Aid South Africa stakeholders increased their co-operation in this period and this resulted in stakeholder relations performance exceeding set targets. The stakeholder Newsletter-Umlingisi distribution exceeded by 25% due to introduction of online website distribution access by stakeholders.
Programme (18) 11: Supporting developing legal aid agencies (within and outside the country)
P11-1 Implement a programme to support the advancement of legal aid in developing countries
Knowledge and information shared with delegations/ countries and at ATJ conferences/ workshops
Co-operation with legal aid in developing countries fostered
Four interventions per annum (subject to requests by outside delegations)
Support provided and knowledge shared with countries with developing legal aid systems
Legal Aid South Africa in conjunction with the Minister of Justice and Correctional Services hosted a very successful international conference on the Implementation of the UN Principles and Guidelines on Legal Aid in Criminal Matters. This gave rise to the Johannesburg Declaration that called on all member states to ensure the effective implementation of the Principles and Guidelines.
Executives or the Chairperson of Legal Aid South Africa attended conferences/workshops hosted by UNODC and other organisations in Mali (SAHEL region), Georgia (relating to Iraq), Morocco and China to share the Legal Aid South Africa experience for consideration by other countries, as well as to promote the UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems.
Seven delegations from Ethiopia, Sri Lanka, Myanmar, Nigeria, Kenya,TanzaniaandUganda were hosted in thisfinancialyear.
PERFORMANCE INFORMATION
41LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
CLIENT, COMMUNITY, STAKEHOLDER AND SHAREHOLDER PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 5: Delivering on our constitutional and statutory mandate in an independent, accountable and sustainable manner
STRATEGY IX: ACCOUNTING TO THE DoJ AND PARLIAMENT ON DELIVERY OF MANDATE, GOVERNANCE AND SUSTAINABILITY
Programme (19) 12: To account and provide assurance to DoJ and parliament on performance and governance
P12-1 Reporting and Accountability to Shareholder/Executive Authority
Reporting and accountability to the Executive Authority and statutory compliance maintained and improved
Timeous and accurate
Reporting and accountability to the Executive Authority and statutory compliance maintained at 100%
1. Four quarterly performance reports
2. 1 Annual Report
3. Reporting to andbriefingof Parlia-mentary Committees
4. Responses to questions from Parlia-ment
During the 2014–2015 financialyear:1. Four Quarterly
Reports were submitted to the Executive Authority.
2. The Legal Aid South Africa Annual Report 2013–2014 was submitted to Parliament, the Executive Authority, National Treasury and the Auditor-General on 31 August 2014.
3. Parliamentary Portfolio Committee Briefingswereheldin Quarter 2 of 2014–2015, on 3 July 2014 (Legal Aid South Africa Strategic Plan 2012–2017 Review 2014–2015; Annual Performance Plan 2014–2015; Budget 2014–2015) as well as in Quarter 3 for the Annual Report 2013–2014 on 17 October 2014.
4. Responses to all Parliamentary Questions were provided timeously.
5. The Annual Performance Plan 2015–2016 was submitted to the Executive Authority in Quarter4:2014–2015.
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 6: Financial and non-financial sustainability impacting positively on society, the economy and the environment
STRATEGY X: MAINTAINING FINANCIAL SUSTAINABILITY (In the economic recession strategy to maintain financial sustainability rather than increase it)
Programme (21) 13: Improved strategic budgeting and financial planning
P13-1 Strategic Budgeting
Prepare balanced and sustainable budget (as per government grant allocation)
MTEF informed by the approved Strategic Plan
Approved MTEF and budget
Approved balanced MTEF and budget
MTEF 2015/2016 – 2017/2018 was approved by the Board at the July 2014 meeting and submitted to the Department of Justice and National Treasury.
LegalAidSouthAfrica’s2015–2016 budget allocation was reduced by R62 million.
PERFORMANCE INFORMATION
42 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Programme (22) 14: Compliant and best practice financial reporting
P14-1 Financial Reporting
Level of financialreporting compliant with best practice annually
Financial reporting compliant with best practices
Annual and Mid year Financial Statements
Compliant financialreports delivered annually
Audited Annual Financial Statements were approved by the Board at the July 2014 meeting and submitted to the Auditor-General. Anunqualifiedauditreport with no matters of emphasis was issued by the Auditor-General.
STRATEGY xI: INCREASING SUSTAINABLE (NON-FINANCIAL) PERFORMANCE
Programme (27) 15: Improve and maintain Risk Management to optimum maturity level
P15-1 Continuous Learning and Improvement through Risk Management
Risks managed at optimum maturity level (continuous learning and improvement)
Revise Risk Management Policy and Strategy based on best practices
One revised Risk Management Policy and Strategy Document
Revised Strategic Risks and Organisational Risk Universe
Annual Review of Risk Management Strategy
Annual Review of Materiality Framework, Risk Portfolio, Appetite and tolerance limits
Risk management assessment
The Materiality Framework was approved by the Board on 28 November 2014.
The Revised Enterprise Risk Management Strategy was approved at the February Board Meeting. The Strategic Risks were approved by the Board in November 2014 and were submitted as part of the Strategic Plan 2015–2020 in January 2015 and approved by the Minister of Justice and Correctional Services in March 2015.
Risk registers were compiled for the top 10 strategic risks and for the top 10 risks per sector, i.e. Legal, Finance, Human Resources and IT, and submitted to the Board. In Risk Registers risks wereidentifiedandassessed and mitigating controls were listed.
Programme (28) 16: Maintain Fraud Management Practices
P16-1 Fraud Management Plan
Zero tolerance on fraud
Revision of Fraud Policy and Plan based on best practices and actual incidents of fraud within the organisation and other public entities
One annual Fraud Prevention Strategy and Annual Fraud Prevention Plan
Annual review of Fraud Prevention Strategy and annual review of Fraud Prevention Plan
The Fraud Prevention Strategy and Plan was included in the Enterprise Risk Management Strategy and Plan approved by the Board in February 2015.
The Legal Aid South Africa Fraud Management Policy (Fraud and Corruption Management Policy) was approved by the Board at its meeting held on 31 May 2014.
PERFORMANCE INFORMATION
43LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 7: Good governance practices enabling high performance and accountability
STRATEGY xII: MAINTAINING AND ENHANCING GOOD GOVERNANCE
Programme (29) 17: Ensure best governance practice, King III guidelines, compliance with PFMA and other statutory requirements
P17-1 Ensure Best Governance Practice, King III Guidelines, Compliance with PFMA and other Statutory Requirements
100% compliance with statutory requirements including Legal Aid Act and PFMA
Reviews conducted in accordance with IIA Standards
Four quarterly PFMA and Statutory Compliance Reports
Quarterly PFMA and Statutory Compliance Reports
Four quarterly PFMA Reports were completed for the 2014–2015 FY and 100% compliance to PFMA were reported.There was 100% compliance in quarters 1, 2 and 3. One incident of non compliance was discovered by Internal Audit in quarter 4.
Programme (30) 18: An effective and strategic board providing leadership and oversight of delivery on performance
P18-1 An Effective and Strategic Board
Skilled and properly constituted Board and Board Committees that function effectively
As per Succession Plan
One 1. Board Succession Plan implemented
During the 2014–2015 FY the Board of Legal Aid South Africa was not fully constituted as per the Legal Aid Act, 1969 (Act 22 of 1969). The Board had only 16 members as opposed to the required 18. There were two vacancies that werenotfilled,becausethe Board had resolved to retain the positions in view of the impact of the new Legal Aid South Africa Act 39 of 2014.
Seven Board members were re-appointed to the board during the Financial Year and one new Board member was appointed during this period.
The Legal Aid South Africa Act (39 of 2014)wasgazettedinDecember 2014. This replaced the old Legal Aid Act, 1969 (Act 22 of 1969). In terms of the new Act, the meeting of the Board on 28 February 2015 was the last meeting of the Board that was appointed in terms of the Legal Aid Act (1969). Also, all members of the Board of Legal Aid South Africa who were full members at the end of March 2014 were automatically appointed into the Transitional Board from effective date of the Legal Aid South Africa Act (2014), which was 1 March 2015. The term will terminate on 29 February 2016.
One vacancy was only renewed by the Minister in February 2015. As a result the Board member missed three meetings in 2014–2015.
The Board had resolved to retain two vacancies in view of the impact of the Legal Aid South Africa Act which would result in a reduction in thesizeoftheBoard.
PERFORMANCE INFORMATION
44 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
FINANCE AND SUSTAINABILITY PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Efficientandprofessional
Four Board and four Committee Meetings. All meetings are quorate
3. Board Meeting attendance
In the 2014–2015 FY four (4) Board meetings and sixteen (16) Board Committee meetings were held.
All meetings were quorate.
Programme (31) 19: Independent monitoring and oversight unit providing combined assurance
P19-1 Independent Monitoring and Oversight Unit Providing Combined Assurance
Internal Audit coverage of Audit Universe to increase by 2% per annum
Development of coverage plan in accordance with IIA standards, takes into account all components of the risk universe, i.e. IT, Fraud, Compliance and operational controls
One Audit Coverage plan indicating % (84%) of universe covered. 1 Revised Coverage Plan during mid- year, indicating additional areas of audit
Implementation of rolling Audit Coverage Plan
The 2014–2015 Annual Coverage was approved in February 2014. The plan was later revised and the revision thereof approved in November 2014.
As at the end of Q4 2014–2015, 146 out of 150 projects or 97% of the approved revised Coverage Plan were completed. 18 Projects were completed additional to the Coverage Plan; the overall completed projects totaled 164, or 109%.
Two ad hoc projects were planned for, only one was completed.Four departmental audits were planned for, only three were completed.
The Audit Coverage Plan for 2015–2016 was approved by the Board in February 2015.
Adhocprojects:onlyonemanagement request was received.DepartmentalAudits:the HR Departmental Audit was cancelled as internal audit schedule clashedwiththeAG’s.It was replaced by JC audit focusing on the same areas as it was planned for HR.LQAU Performance Audits:Thetwoperformance audits required special skills and training. The training was only procured in February 2015, which leftinsufficienttimetoplan and execute the four performance audits, hence only two were done.
Objective 8: A recognised, respected, independent and acclaimed Legal Aid brand
STRATEGY xIII: STRENGTHENING AND GROWING A SUSTAINABLE RECOGNISED BRAND
Programme (32) 20: Develop and maintain a strong and recognised Legal Aid brand
P20-1 Brand and Marketing Programmes
The level of branding at JC points increased
Accurate and relevant
One per quarter per JC/SO
Branding at JC points (including holding cells) implemented
Legal Aid South Africa branded 382 prisons, over 800 police receptions and cells, and over 800 court cellsandofficesinthereporting period.
In response to concerns raised on available branding of Legal Aid South Africa at JC points, an assessment resulted in branding of prison cells in excess by 59% and court branding of 23%.
P20-2 Print Advertising
Increased knowledge of Legal Aid South Africa services
Informative and relevant
During national commemorative months, i.e Child Protection Week,Women’sMonth, 16 Days of Activism, Human Rights Month
Local, regional and national print campaign with key messaging
Legal Aid South Africa print advertising was maintained across the country with over 50 print adverts placed in key national and regional newspapers in the reporting period.
Print campaign was increased by 109% during 2014–2015 as an attempt to intensify awareness of Legal Aid SouthAfrica’sservices,especially with focus on vulnerable groups, including children and women.
PERFORMANCE INFORMATION
45LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
INTERNAL BUSINESS PROCESSES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 9: Delivery and business processes that are client focused, efficient, effective and sustainable
STRATEGY xIV: MAINTAINING A MIxED-MODEL LEGAL AID DELIVERY SYSTEM
Programme (33) 21: To adjust the mixed model service delivery model to improve court coverage and delivery
P21-1 Mixed-model Service DeliveryModel:Legal
Access to justice to indigent using mixed model delivery systems
New matter split per delivery system – JC (95%) Judicare (4%) & Co-ops and Agency (1%)
Mixed-model delivery system implemented
448 195 new matters were recorded on our system during this quarter. 421 527 (94%) of these were taken in by JCs. Judicare accounted for 5%. Impact Litigation, Co-operation Partners and Agency Agreements dealt with 1% of our total new matters.
JC delivery was 1% lower than target whilst Judicare delivery was 1% higher than target. Due to uncertainty around budget cuts, a number of vacant posts werenotfilledandsalary savings arising from these vacancies were used to increase delivery via Judicare.
STRATEGY xV: BUILDING ORGANISATIONAL MODELS/STRUCTURES TO OPTIMISE PERFORMANCE AND DELIVERY OF LEGAL/SUPPORT SERVICES
Programme (34) 22: To review and improve on matrix and risk based management
P22-1 Matrix Management:Legal
Improved Matrix Management:National Operations
JCEs spend >80% of time on legal services delivery issues
Improved focus by JCEs on legal services delivery issues
A JC management survey that was conducted during Q4 of FY 2014–2015 confirmedthat63(98%)of our JCEs spend more than 80% of their time on legal service delivery matters.
The one JCE who reported devoting a lesser amount of time to legal service delivery indicated that the reason for this was because her Admin Manager was currently on suspension and she had to oversee the admin component at the JC.
STRATEGY xVI: MAINTAINING A REGULATORY FRAMEWORK INCORPORATING BEST PRACTICES
Programme (36) 23: Implement an updated and approved Legal Aid Act and Legal Aid Guide
P23-1 Legal Aid Act The enactment of a revised Legal Aid Act to ensure better access to justice to indigent people of SA
In keeping with current needs
New enacted Legal Aid Act
Ensure that steps are taken to ensure that the new Legal Aid Act is promulgated and operationalised
The Legal Aid South Africa Act 39 of 2014wasgazettedin December 2014 and was brought into operation on 1 March 2015. The transitional arrangements have been implemented to ensure the continuance ofeffectiveandefficientgovernance structures and operations.
P23-2 Legal Aid Guide
Update Legal Aid Guide (LAG) and circulars that align to operational and client needs
Relevant to client needs
2014 Legal Aid Guide and circulars as approved by the Board implemented (as required)
Parliament approval of 2014 LAG facilitated
Circulars updating Legal Aid Guide
The 2014 LAG, as ratifiedbyParliamentand implemented in thepreviousfinancialyear, was amended as per Circular 1 of 2015 in accordance with the amendments as approved by the Board. The Legal Aid Guide 2014 will remain valid for a period of two years from 1 March 2015 while the Regulations and Manual are being prepared in conjunction with the Department of Justice and Constitutional Developments Legislative Drafting Unit.
PERFORMANCE INFORMATION
46 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
INTERNAL BUSINESS PROCESSES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
The 2014 LAG can no longer be amended in terms of Section 3B of the repealed Legal Aid Act. It must be replaced by the regulations and manual as prescribed by the new Legal Aid South Africa Act.
Programme (37) 24: Review and improve Policies, Procedures and SOPs: support and legal
P24-1 Policies, Procedures andSOPs:Legal
Update Legal SOPs that align to operational needs
Relevant to operational needs
2014–2015 Legal SOPs as approved by LSTC
Revised Legal and IT system SOPs to ensure they align with current policies and procedures
Legal SOPs are updated regularly to keep up with changes in the business environment. A formal review of the legal SOPs was undertaken in Quarter 1 of the 2014–2015 FY, which was approved by both LSTC and Management EXCO.
Objective 10: An effective and efficient, economic and environmentally responsive supply chain management system supporting client services delivery and internal business processes
STRATEGY xVII: MAINTAINING STRONG FINANCIAL MANAGEMENT AND SUPPLY CHAIN MANAGEMENT
Programme (38) 25: Maintain a strong financial and supply chain management (including Judicare)
P25-1 Supply Chain Management
SCM to be relevant, effective and compliant with PFMA
Compliance with PFMA and SCM Policy of National Treasury
BAC meetings held at least once a month
Functional and effective SCM committees
BAC decisions implemented
BAC provided support and advice to business on all SCM issues and ensured that the organisation complies with relevant legislation. Functional SCM committees were in place throughout the period under review.
There were 10 BAC meetings held during thefinancialyear2014–2015.Number of resolutions were 42 and 36 thereof were implemented. The six that were not implemented arose from delaysinfinalisingleasecontracts because of expired tax clearance certificatesaftertheaward but before signature of contracts andthesecertificatesrequired renewals.
Objective 11: Management information that is accurate, reliable and timeous
STRATEGY xVIII: DEVELOPING AND ENHANCING ACCURATE AND RELIABLE MANAGEMENT INFORMATION SYSTEMS
Programme (40) 26: Maintain integrated, accurate and timeous management information (Support and Legal functions)
P26-1 National OperationsManagement Information
Updated integrated management information available quarterly
Accurate and complete
Monthly Legal Services Delivery – MIS
Monthly reports on service delivery information wereproduced and published to a central location on our intranet. This was available to all JC managers. Selectedreports were also submitted to LSTC.
PERFORMANCE INFORMATION
47LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 12: An expanded and capacitated/resourced national footprint reaching the poor and vulnerable persons requiring legal assistance
STRATEGY xIx: MAINTAININGTHE NATIONAL FOOTPRINT
Programme (42) 27: Expand and maintain the national footprint, including the physical and ICT service points, to improve access, especially in rural areas
P27-1 National Footprint – Expansion/Maintenance
National footprint of Legal Aid South Africa extended/maintained
Number of JCs and SOs increased (dependent on funding)
Expansion/maintenance of the national footprint
The national footprint of Legal Aid South Africa currently comprises 64 JCs, 64SatelliteOffices, 13 HCUs and 13 civil units.
There were no changes made to the national footprint during this FY.Allourofficeswerehowever well maintained during this period.
Our motivation to secure additional MTEF funding to increase our national footprint was not successful.
STRATEGY XX: DEVELOPING AND EXPANDING THE LEGAL QUALITY AND EXPERTISE, FOR EACH SEGMENT OF THE NATIONAL FOOTPRINT
Programme (45) 28: To implement interventions to improve and monitor the quality of legal services to deliver desired outcomes
P28-1 Quality Assessment Reviews
Quality targets Qualitytargets:CAs:=80%PAs:=85%HCUPAs: = 90%Legal Management:= 90%Paralegals: = 85%Legal Aid Advice Line Agents:Paralegals: = 85%PAs:=90%
Quarterly (unless other time periods specifiedinsupervision differentiation model as part of our support requirements assessment programme)X– ref P46-1
Quality assessment reviews conducted both by JCs as well as LQAU
All regions achieved their quality targets for CAs. The average quality score by our Legal Quality Assurance Unit (LQAU) and Justice Centres(JC)forfilereviews was 87% and 86% respectively. The JC score for court observations averaged 88%. The LQAU conducted court observation audits in all regions and an average of 90% was achieved. Eight CAs representing 2% of the total reviewed, failed to meet the quality target.
Our quality monitoring and intervention programmes has contributed positively in ensuring improved performance by CAs with regards to meeting our legal quality requirements.
All regions achieved their quality targets for PAs. The average quality score by our LQAU and Justice Centresforfilereviewswas 90%. The JC and LQAU score for court observation was 92% and 93% respectively. Eight PAs or 2% of the sample reviewed did not meet their quality target.
Our quality monitoring and intervention programmes has contributed positively in ensuring improved performance by PAs with regards to meeting our legal quality requirements.
PERFORMANCE INFORMATION
48 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
All regions achieved their quality targets for HCU PAs.The average quality score by our Legal Quality Assurance Unit and Justice Centres for filereviewswas94%and 93% respectively. Only four regions performed court quality reviews and the average score achieved was 93%. One HCU PA failed to meet the quality target.
Our quality monitoring and intervention programmes has contributed positively in ensuring improved performance by PA HCUs with regards to meeting our legal quality requirements.
All but one civil PA reviewed achieved their quality targets.The average quality score by our LQAU andJCsforfilereviewswas 90% and 89% respectively. The average score for court quality as assessed by JC Management was 94%.
Our quality monitoring and intervention programmes has contributed positively in ensuring improved performance by PA Civil with regards to meeting our legal quality requirements.
All regions achieved their quality targets for legal managers. The average quality score by both our LQAU and JCs forfilereviewswas92%.The average score for court quality was 94% and 96% respectively. 12 legal managers (14%) failed to reach the quality target.
Our quality monitoring and intervention programmes has contributed positively in ensuring improved performance by JC Management with regards to meeting our legal quality requirements.
All Call Centre agents achieved their quality targets. The average score for paralegals was 89% while that of Call Centre PAs was 90%.
Programme (46) 29: To strengthen and expand legal expertise required for delivery of desired quality outcomes
P29-1 Legal Training Legal training targets
Legal Training Targets:CA:36hoursPA:subjecttosupport needs profile
Legal training targets achieved
CAs attended 41 619 hours training which is 124% higher than the target training hours of 18 619 hours.
The CA training statistics also includes CA beginner training sessions, as well as Saturday Board exam training sessions. Because of our focus on improving CA performance, including their performance in attorney admission examinations, CAs are required to attend all sessions irrespective if their targets have been attained.
PERFORMANCE INFORMATION
49LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
PAs attended 20 694 hours training which is 57% higher than the target training hours of 13 174 hours.
There is a tendency amongst practitioners to attend all training sessions that are arranged at our JCs, notwithstanding the fact that in terms of their support needs requirements, they do not have to attend all sessions.
PA HCUs attended 2 496 hours training, which is 92% higher than the target training hours of 1 299.
LDD training is covered in P31-1.
There is a tendency amongst practitioners to attend all training sessions that are arranged at our JCs, notwithstanding the fact that in terms of their support needs requirements, they do not have to attend all sessions.
Programme (49) 30: Independent Legal Quality Assurance (LQA)
P30-1 Legal Quality Assurance (LQA)
Independent assurance on quality of legal practitioners and paralegals (JC, Judicare, Impact, Corporate and Advice Line)
LQA Audit coverage to review all practitioners on a two-year cycle
% of universe coverage
Defineandstratify population, across various categories of legal professionals which will enable meaningful interpretation of results, at JC, regional and national level.
Annually 1. Annual Audit Coverage Plan implemented
2. Individual Practitioner Reports
3. Quarterly Reports on LQA that graphically illustrate trends and risks
The LQAU Coverage Plan for 2014–2015 was approved by the Board in February 2014. The LQAU Coverage plan for 2015–2016 was approved by the Board in February 2015.
Four quarterly LQAU reports were compiled and tabled at the Board.
Individual practitioners reports were generated for each practitioners assessed. The reports were sent to the individual practitioners and their respective managers.
In the Financial Year under review the unit targeted 64 JCs for fileassessments.880internal practitioners, 167 court observations, 81 JC paralegal observations, nine call centre agents and 63 Judicare practitioners were assessed during thefinancialyearresulting in 97% of the annual coverage plan being completed as at the end of March 2015.
96% of the practitioners assessed met the minimum target set.
The target coverage of 100% not beingattained can be attributedtofivetheLegal Quality Auditors being asked to extend their leave in January 2015 to comply with HR Policy for employees not to have leave days in excess of 10 days by the end of March 2015. There was also aninsufficientsampleof Judicare trial matters being available to assess; miscalculations in respect of JC paralegals, which willberectifiedinthenew FY by assessing an additional four JC paralegals.
PERFORMANCE INFORMATION
50 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 13: Committed, competent and dedicated employees empowered to deliver the organisations mandate and strategies
STRATEGY xxI: DEVELOPING TALENT AND IMPROVING COMPETENCIES TO SERVE BUSINESS NEEDS AND INTEGRATING COMPETENCIES INTO RELATED PROGRAMMES
Programme (51) 31: Competency and skills development (Legal staff)
P31-1 Competency and Skills DevelopmentLegal
Practitioners competencies match their deployment
Assessed skills improved appropriately
Legal (Legal Development) Training hours target of 15 hours per admitted legal practitioner and 10 hours per paralegal calculated at a 96% recruitment rate
Skills audit conducted
The Criminal and Civil management teams wereidentifiedforthelegal skills audit in this financialyear.Theaudit was deferred to the 2015–2016 financialyearastheLegal Competency Framework required development before a proper skills audit could be conducted.
The Legal Competency Framework is in development as a joint HR and LDD project. The legal competency framework for these management positions is critical in developing a relevant skills audit for these management positions.
The Legal Training Unit held 30 training coursesinthefinancialyear 2014–2015, which were attended by 634 legal managers and practitioners and 62 paralegals. The actual training hours achieved were 11 308 hours, which was 54% of the annual legal training hours target.
The increasing cost of training courses as well as associated travel and accommodation costs have impacted on the face to face training hours. In addition the focus on four core training courses reduced the total number of courses that was previously presented. The full training budget was utilised but the LDD training hours target was not attainable at this level of funding. The focus has therefore moved to e-learning and self learning courses/modules to supplement the face to face legal development training hours.
Training curriculum
The current legal training curricula for DC PAs, RC PAs and Civil PAs remain relevant and no revisions were effected. A Legal Competency Framework is in progress and once completed will require the legal practitioner training curriculum to be reviewed and revised to align thereto.
PERFORMANCE INFORMATION
51LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 14: A learning and flexible organisation growing its own knowledge base to optimise performance
STRATEGY xxII: LEVERAGING INSTITUTIONAL KNOWLEDGE TO REMAIN SMART AND EFFECTIVE
Programme (52) 32: Build a learning and innovative organisation (including implementing a knowledge management strategy)
P32-1 Knowledge Management Strategy
Knowledge management improved
Effective knowledge management mechanisms
Six Share Point ForaSingle Document Precedent Bank maintained
Develop a learning organisation
There is a single Consolidated Knowledge Repository onthe Intranet (AI), which consistsof:1. Seven SharePoint
Discussion Forums for Criminal, Civil, Children Civil, Labour, Land and Administration of Estates
2. Jutastat and LexisNexis Electronic Library
3. Website links for SAFLI, Law Societies, SCA and Constitutional Court
4. CA Exam Papers and Model Answers
5. Legal Newsletters6. Legal Support
Programme Information
7. Legal Research Papers
8. Self Learning Modules
9. E-Learning Modules10. Standard Operating
ProceduresLegal document Precedents and Forms are available onLexisNexis/Jutastat in Amlers Precedents of Pleadings, Becks Theory and Principles of Pleadings in Civil Actions, etc. A single document precedent bank has also been maintained.Legal newsletters and case law discussions are placed on an internal blog to ensure greater engagement byall legal practitioners in ongoing learning.
PERFORMANCE INFORMATION
52 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 15: An organisation based on a people centred culture
Objective 16: An Employee Value Proposition able to recruit and retain the best talent to deliver the organisations mandate/ strategies
STRATEGY xxIII: STRENGTHENING AND STIMULATING THE DEVELOPMENT OF A PEOPLE CENTRED VALUES-BASED CULTURE
Programme (53) 33: Employer brand
P33-1 Internal Communica-tions
Communi-cations strategy and programme reviewed annually
Informative and relevant
Once per annum
A reviewed internal com-munications plan linked to brand employer
Internal Communications plan, with brand internalisations programmes were implemented. An internal BLOG (interactive and informative) was implemented. There were 41 social media posts. Improvements were made relating to theintranetandprofilingof brand ambassadors including senior lawyers in the reporting period. Thirteen Internal communications to staff in relation to the eLAA project provided information on critical issues and updates. Legal Aid Talk continued to be used as a tool to relay performance internally atJCs,regionalofficeandNationalOfficelevel. About 23 SMS messages were sent out for promotion of awareness of Legal Aid SouthAfrica’sservicesand also on key national programmes related to human rights. Payslips were used to distribute 10 varying messages to staff.
STRATEGY xxIV: DEVELOPING AND IMPLEMENTING AN EMPLOYEE VALUE PROPOSITION ABLE TO RECRUIT AND RETAIN THE BEST TALENT AND CULTURE FIT
Programme (55) 34: Maintain a Competitive Rewards and Remuneration System
P34-1 Remuneration and Reward System
Review/ benchmark legal/support salaries
Appropriate competitive salaries
Salary benchmark was conducted in the prior financialyear.Giventheeconomic outlook, no further salary benchmark was undertaken in the currentfinancialyear.
Financial constraints.
PERFORMANCE INFORMATION
53LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 17: A values-based and ethical leadership inspiring and harnessing the contribution of employees for sustainable performance geared to serve clients’ needs
STRATEGY xxV: DEVELOPING VALUES-BASED AND AUTHENTIC LEADERSHIP TO ENSURE SUSTAINED HIGH PERFORMANCE TO DELIVER ON OUR MANDATE
Programme (56) 35: Develop and maintain a value-based leadership pipeline
P35-1 Value-based Leadership pipeline
Updated Leadership Programme implementation
Values-based Leadership programme aimed at developing authentic leadership
One Leadership programme
Programme developing and stimulating authentic leadership in action implemented
During Q1, the Leadership Development Programme focused on the competencies relating to Collaboration, InfluencingandNetworking. Leadership conversations were held using research material provided regarding these aspects.
During Q2 the Leadership Development Three Year Programme focused on training for the SPA leadership group. This was supported by psychometric assessments on Emotional Intelligence and Leadership Styles for the group which assisted in identifying developmental gaps. Performance Management and building high performance teams using performance management tools training was rolled out for the SPA leadership group.
During Q3, a coaching readiness assessment was conducted for all SPAs and other leadership groups. Basedonthefindingssupport resources and material was developed. Each leader was then personally engaged with regards to their unique support pack and to initiate the coaching programme with subordinates. Each SPA signed Memoranda of Understanding with their sub-ordinates.
During Q4, the Leadership Development Programme focused on the competencies relating to self renewal, resilience and corporate social responsibility. Leadership conversations were held using research material provided regarding these aspects.
PERFORMANCE INFORMATION
54 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
EMPLOYEE AND ORGANISATIONAL CAPACITY AND INNOVATION AND LEARNING PROGRAMMES PER STRATEGY
2014 ANNUAL PERFORMANCE REPORT 2014–2015
Projects KPIs Delivery Reason for Variance
Measures Targets Outputs
Quality Quantity
Objective 18: A modern, integrated, secure and effective IT Platform facilitating client services and linkages and enabling internal business needs
STRATEGY XXVI: BUILDING AN INTEGRATED, STABLE AND RELIABLE IT PLATFORM SERVING CLIENTS NEEDS AND INTERNAL BUSINESS NEEDS WITHIN BUDGET CONSTRAINTS
Programme (57) 36: Improve IT network, hardware and software infrastructure (including to support knowledge management)
P36-1 IT Network Stable and Reliable Wide Area Network (VPN)
Improved and stable wide area network
All sites connect to the VPN WAN. 95% VPN WAN Availability.
Improved user satisfaction with system performance
VPN WAN availability for FY 2014–2015 was 95,7%, which is 0,7% above the 95% target.
Programme (58) 37: Modernise Information and Communication Technology (ICT) client platform including for effective social media networking
P37-1 IT Governance IT governance reviewed annually to best practice
Up-to-date IT Governance practice
Review all policies and procedures
ICT programmes delivered as per reviewed IT governance framework
IS Polices were reviewed and approved by Board in November 2014. IS Procedures were approved by Management Exco in the period under review.
ICT programmes were all delivered in line with the reviewed IT governance framework.
PERFORMANCE INFORMATION
Taking legal services to people’s doorsteps.
55LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5. Summary of Financial Information
Table 06: Summary of Financial Information
Revenue collections
2014–2015 2013–2014Estimate Actual
amount collected
Over/(under) collection
Estimate Actual amount
collected
Over/(under) collection
Sources of revenueGrant 1,465,908,020 1,504,708,000 38,799,980 1,360,682,000 1,375,442,000 14,760,000
Interest 17,500,000 26,944,899 9,444,899 17,500,000 21,742,220 4,242,220
Commission and legal fees received/recovered
167,266 167,266 - 129,924 129,924
Profitondisposalofassets
2,135,176 2,135,176 - 3,404,082 3,404,082
Sundry income 1,947,216 1,947,216 - 2,581,931 2,581,931
Bad debts recovered - - - 1,228 1,228
1,483,408,020 1,535,902,557 52,494,537 1,378,182,000 1,403,301,385 25,119,385
Note: 1. The R38,8 million surplus under grant received in 2014–2015 is due to additional funds received for eLAA system development
(IJS funding) of R19,5 miilion, and funding for Court expansion programme DoJ – R19,3 million.
2. The R9,4 million under 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 received by CPD than estimates thereof.
3.TheR2,1millionisprofitrealisedfromsaleofoldandfullydepreciatedassetsdisposedduringthe2014–2015financialyear.
4. The R1,9 million surplus that is included in the sundary income is mostly income, recoveries from other operations.
PERFORMANCE INFORMATION
56 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Programme expenditure
The Budget is in terms of the cash basis while the expenditure is on the accrual basis.
2014–2015 2013–2014Budget Actual
expenditure(Over)/under Expenditure
Budget Actual expenditure
(Over)/under Expenditure
Programme nameClient, community, stakeholders and shareholders
933,181,635 920,995,878 12,185,757 989,213,337 967,405,851 21,807,486
Finance and sustainability
23,846,129 23,846,129 - 22,838,326 22,838,212 114
Business processes (internal)
12,861,654 12,861,654 - 14,486,976 14,486,976 -
Employee and organisational capacity and innovation and learning
570,277,046 462,075,875 108,201,171 328,568,315 262,453,679 66,114,636
Additional programmes
98,456,508 98,456,508 - 113,390,470 113,205,703 184,767
1,638,622,972 1,518,236,044 120,386,928 1,468,497,424 1,380,390,421 88,107,003
Judicare commitments 92,533,784 82,652,920 9,880,864 97,772,582 97,697,866 74,716
1,731,156,756 1,600,888,964 130,267,792 1,566,270,006 1,478,088,287 88,181,719
Note:The R130 million under expenditure is due to Commitments of R64.8 million for which rollover has been requested, surplus of R33.8 million comprising of R7.1 million from vacant posts and/or late implementation of improvements in conditions of service, additional R9.4 million due to over recovery on interest received from Corporation for Public Deposits, R1.8 million from sale of old assets, R9.2 million savings from annual leave provision, R6.1 million savings from operations and depreciation of R23 million, R15 million from audit adjustment on the judicare.
PERFORMANCE INFORMATION
57LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PERFORMANCE INFORMATION
Capital investment, maintenance and asset management plan
2014–2015 2013–2014Budget Actual
expenditure(Over)/under Expenditure
Budget Actual expenditure
(Over)/under Expenditure
Infrastructure projects/capital assetsBuilding improvements 1,187,051 1,187,051 - 651,780 594,456 57,324
Computer hardware 35,472,207 27,319,401 8,152,806 22,847,893 13,063,741 9,807,561
Computer software 20,715,885 1,302,429 19,413,456 12,278,120 580,015 11,698,105
Furniture and equipment
1,914,312 1,773,721 140,591 737,765 708,021 29,597
Leasehold improvements
7,126,267 6,972,500 153,767 1,747,527 1,747,527 -
Motor vehicles 18,572,866 14,971,588 3,601,278 4,777,782 4,592,715 185,067
Land and buildings 26,354,927 - 26,354,927 12,000,000 - 12,000,000
111,343,515 53,526,689 57,816,826 55,040,867 21,286,475 33,777,653
Note:1. The under expenditure in computer hardware and computer software is due to commitments relating to procurement of computersandeLAAsystemsdevelopmentprojectsbutnotfinalisedand/ornotdeliveredatyearend.Theamountshavebeen requested for rollover.
2. The under expenditure on motor vehicles is due to non delivery of vehicles by year end as the supplier did not have stock. These were delivered after year end.
3.Thenonexpenditureonlandandbuildingisduetolenghtyandcomplexprocurementprocesseswhichcouldnotbefinalisedat year end. These funds have therefore been requested for roll over.
58 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
59LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTC:GOVERNANCE
60 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. IntroductionLegal Aid South Africa remains committed to the implementation of sound corporate governance practices and ensures that these are reviewed on an ongoing basis in order to comply with the legal obligation to use funds in aneconomic,efficientandeffectivemanner.Processesareunderpinned by the principles of openness, integrity and accountability and an inclusive approach that recognises the importance of all stakeholders with respect to the viability and sustainability of Legal Aid South Africa.
2. Portfolio CommitteesLegal Aid South Africa briefed the Portfolio Committee on Justice and Constitutional Development twice during the period under review. The briefings focused on presentingthe Legal Aid South Africa Strategic Plan 2012–2017, Annual Performance Plan 2014–2015 and the Budget 2014–2015 on 3 July 2014, and the Legal Aid South Africa Annual Report 2013–2014 on 17 October 2014. The Portfolio Committee commended the organisation on its excellent performance.
3. Executive AuthorityLegal Aid South Africa submitted four quarterly performance reports to provide progress updates on the implementation of the Annual Performance Plan 2014–2015 to the Executive Authority, in compliance with the Framework for Strategic and Annual Performance Plans. The Legal Aid South Africa Annual Report 2013–2014 was submitted to the Executive Authority, Parliament, National Treasury and the Auditor-General in accordance with section 55(1)(d) of the PFMA. Four quarterly PFMA and statutory compliance reports were submitted to the Executive Authority.
4. The Accounting Authority (Board)
4.1. THE BOARD OF DIRECTORS
The composition of the Board of Legal Aid South Africa is determined by the Legal Aid Act (Act No 22 of 1969 as amended), which provides for the appointment of 18 board members from various constituencies by the Minister of Justice and Correctional Services and the President of the Republic of South Africa. On 1 March 2015 a new Legal Aid South Africa Act 39 of 2014 came into effect.
The Board is the accounting authority of Legal Aid South Africa in accordance with section 49 of the Public Finance Management Act (PFMA), and is charged with the responsibilities referred to in section 51 of that Act. The key responsibilities of the Board are to provide ethical leadership, including setting the strategic direction and
approving the strategic plan and business plans and monitoring the operational performance of the organisation. The Board needs to make timely strategic decisions to ensure operations are in line with Strategy it approved, to ensure that the right people with the appropriate skills mix areappointed,toensuretheintegrityoffinancialinformationand the robustness of financial and other controls andto oversee the management of risk and review of the risk management policies and the effectiveness of the risk management processes. The Board acts as the focal point for, and custodian of, corporate governance and provides ethical leadership characterised by the principles of fairness, accountability, responsibility and transparency and ensures that it manages its relationship with management and stakeholders along sound corporate governance principles. The Board also determines and approves policies, ensuring compliance with laws, rules, codes and standards as well as governance of Risk Information and Technology. Non-executive directors are expected to provide an effective monitoring role and to provide help and advice on critical matters affecting the Legal Aid South Africa business.
Meetings of the Board and its Committees are convened quarterly. At these meetings management reports on compliance with policy and its achievements against objectives, and strategic and policy decisions are made by the Board. A structured approach is followed for delegation, reporting and accountability, which includes reliance on various Board Committees. The Board held four meetings and each of the four Board Committees held four meetings prior to the Board meetings, in accordance with the corporate governance schedule.
The Board functions in accordance with the approved Board Charter that is reviewed on an annual basis. The Board complied with its responsibilities as set out in the Legal Aid South Africa Board Charter. The Board assessed its own performance, through a Board self-evaluation in quarter four of the year under review. The Charter details Board succession, the selection of Board members and their induction as well as the evaluation of the Board.
The term of office of the non-executive directors is threeyears. Since the composition of the Board is determined by the Legal Aid Act, this function is dependent on the Minister of Justice and Constitutional Development, and Parliament for anychanges.Asattheendofthefinancialyear2014–2015the Board of Legal Aid South Africa was not fully constituted as per the Legal Aid Act, 1969 (Act 22 of 1969) (the Board had only 16 members as opposed to the required 18).
There were two vacancies that were not filled, becausethe Board had resolved to retain the positions in view of the impact of the new Legal Aid South Africa Act, Act 39 of 2014. Seven Board members were re-appointed to the Board during thefinancial yearandonenewBoardmemberwasappointed during this period.
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The termof officeof theBoard, in termsof LegalAidAct,1969 ended on the 28 February 2015. On 1 March 2015 the new Legal Aid South Africa Act, 2014 came into effect and with it the entire Board was appointed as the Transitional Board,whose termofofficewillendon28February2016.
The CEO also joined the Board as an executive director and three executive directors, who are still to be appointed by the Minister of Justice and Correctional Services, will also become executive directors of the Board. The composition of the Board is detailed below.
Designation Date Appointed Date Resigned
Qualifications Area of Expertise
Number of Meetings Attended
Judge President Dunstan Mlambo
Director:Board Chairperson
1 March 2015 re-appointed into Transitional Board
- BProc (University of the North) Law 4
Judge Edwin Molahlehi (Deputy Chairperson)
Director:Deputy Chairperson
14 February 2012 (re-appointed)
31 May 2014
BA Law (University of Lesotho)LLB (University of the Witwatersrand)LLM Labour Law (USA)
Law 1
Mr Jan Maree(Chairperson of Remuneration, Social & Ethics Committee)
Director 1 March 2015 re-appointed into Transitional Board
- BCom LLB (University of the Free State)
Law 4
Ms Nonhlanhla Mgadza(Chairperson of Audit Committee)
Director 1 March 2015 re-appointed into Transitional Board
- BCom(UniversityofSwaziland)MBA (De Montfort University – UK)
FinanceInternal Auditing
4
Prof. Yousuf Vawda(Chairperson of Legal Services Committee)
Director 1 March 2015 re-appointed into Transitional Board
- BA (University of Durban-Westville)BProc (University of South Africa)LLM (University of Durban-Westville)LLD (UKZN)
Law 4
Adv. Pieter A du Rand
Director Ex-officiore-appointed into Transitional Board
- BProc (University of the Free State)LLB (University of South Africa)
Law 4
MsNontuthuzeloMemka
Director 1 March 2015 re-appointed into Transitional Board
- BProc (University of Durban-Westville)
Law 4
Table 07: The Composition of the Board Appointed in Terms of Legal Aid Act, 1969
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Mr Jan Maree
From left: Mr Nkosana Mvundlela, Ms Berlina Mxakwe, Ms Renuka Subban, Professor Yousuf Vawda, Ms Nontuthuzelo Memka, Advocate Kameshni Pillay, Judge President Dunstan Mlambo, Mr Willie Scholtz, Ms Marcella Naidoo, Advocate Pieter Du Rand, Ms Mavis Monama, Mr Mvuzo Notyesi, Ms Nonhlanhla Mgadza, Ms Thulisile Mhlungu and Ms Vidhu Vedalankar.
Ms Aneline Rhoda
62 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Designation Date Appointed Date Resigned
Qualifications Area of Expertise
Number of Meetings Attended
Ms Thulisile Mhlungu Director 1 March 2015 re-appointed into Transitional Board
- BProc (University of Natal)LLB (University of Natal)
Law 3
Ms Berlina Mxakwe Director 1 March 2015 re-appointed into Transitional Board
- BCom (University of Bophuthatswana)BCompt Honours (University of South Africa)Chartered Accountant SA
Finance 4
Ms Marcella Naidoo Director 1 March 2015 re-appointed into Transitional Board
- BSocSci (University of Cape Town) Social WorkHuman Rights
4
Adv. Kameshni Pillay Director 1 March 2015 re-appointed into Transitional Board
- BA, LLB, LLM (University of the Witwatersrand)
Law 3
MrMvuzoNotyesi Director 1 March 2015 re-appointed into Transitional Board
- BProc, LLB (University of Transkei) Law 2
Ms Aneline Rhoda Director 1 March 2015 re-appointed into Transitional Board
- BSocSci (University of Cape Town)Honours:IndustrialandOrganisational Psychology (University of the Western Cape)Masters:IndustrialandOrganisational Psychology (University of the Western Cape)
Psychol-ogyHuman Resource Manage-ment
1
MrWillieScholtz Director 1 March 2015 re-appointed into Transitional Board
- Technology and Business Leadership Programme (IBM International Academy and Harvard Business School)Executive Management Programme (University of Cape Town Graduate School of Business)Financial Management and Corporate Strategies (IBM, Harvard, Wits Business School)Management of Information Technology (IBM, Harvard Business School)
Technol-ogyBusiness Manage-ment
4
Ms Renuka Subban Director 1 March 2015 re-appointed into Transitional Board
- BA, LLB (University of Durban-Westville), Diploma in Human Rights (Lund University, Sweden)
Law 3
Mr Tshifhatuwo Tshivhase
Director 20 June 2012Ex-officio
30 June 2014
BJuris (University of Venda)LLB (University of the North)
Law 1
Ms Mavis Monama Director 1 July 2014re-appointed into Transitional Board
- LLB (University of the North) Law 2
Mr Nkosana Mvundlela
Director 1 March 2015 re-appointed into Transitional Board
- BA Law (University of Venda)LLB (University of Venda)Diploma in Corporate Law (University of Johannesburg)
Law 2
Adv. Rudolph Jansen Director(Alternate)
1 March 2015 re-appointed into Transitional Board
- BCom (Accountancy) (University of Pretoria)BProc (University of South Africa)Advance Diploma in Labour Law (University of Johannesburg)
Law 1
Mr Johan Janse van Rensburg
Director(Alternate)
1 March 2015 re-appointed into Transitional Board
- BCom (Accounting) (University of Pretoria)BProc (University of South Africa)Advanced Diploma in Labour Law (University of Johannesburg)
Law 1
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4.2. BOARD COMMITTEES
The Board of Legal Aid South Africa has four Committees, which assist the Board to discharge its responsibilities and are accountable to the Board. Each Committee has a Charter that details its responsibilities and duties and the Board has reviewed and approved the terms of reference of each Committee during the period under review.
The membership of the Committees comprises non-executive directors. In addition to non-executive directors, the Audit Committee and the Remuneration, Social and Ethics Committee have members that are not members of the Board, but that serve as independent members of the Committees. The Board appoints them and determines their termofoffice.
Like the rest of the Board members, they are remunerated in terms of the schedule released each year by the Minister of Justice and Correctional Services.
4.2.1. Board Executive CommitteeThe primary purpose of the Board Executive Committee is to serveasthestrategicandfinancecommitteeoftheBoard,toguide and control the overall direction of the business of Legal Aid South Africa and act as a medium of communication and co-ordination between the Board and Management, as well astoassisttheBoardinfulfillingitsresponsibilitybymakingdecisions on behalf of the Board when the Board is not in session. The Board takes regular cognisance of authorities delegated to the Board Executive Committee by means of resolutions.
The responsibility for the risk management and oversight function is delegated to the Board Executive Committee, and in performing this role the Committee oversees the development and annual review of a policy and plan for enterprise risk management. Board Executive Committee monitors implementation of the policy and plan for risk management.
4.2.2. Audit CommitteeThe primary purpose and composition of the Audit Committee is discussed on page 70.
4.2.3. Remuneration Social and Ethics CommitteeThe primary purpose of the Remuneration Social and Ethics CommitteeistoassisttheBoardinfulfillingitsresponsibilityto:a) Ensure that executive, management and Legal
Aid South Africa staff in general are appropriately rewarded for their work in a manner that will ensure, as far as possible, the recruitment, retention and motivation of people with the skills that the organisation needs.
b) Oversee the implementation of a competitive Human Resources Strategy, sound Labour Relations Strategy, Employment Equity Plans, Skills Development Plans, the Leadership Programme, which is able to attract, retain and develop the best talent to support higher organisational performance.
c) Ensure organisational conformance with fair labour practice and national legislation regulating the rights and obligations applicable between employers and employees.
d) MonitorLegalAidSouthAfrica’sactivitiesandreportto the Board in respect of prevailing codes of best practices on social and ethical responsibilities.
e) Oversee the design, implementation and monitoring of employment equity plans.
4.2.4. Legal Services CommitteeThe Committee maintains oversight of the legal aid services provided by Legal Aid South Africa. The primary purpose of the Legal Services Committee is to assist the Board in fulfillingitsresponsibilityto:a) Ensure that the legal aid scheme is lawful, sustainable
and responsive to the needs of the people in South Africa in line with the Constitutional mandate;
b) Ensure that the legal aid scheme is administered in a manner that ensures that it is accessible and client sensitive;
c) Ensure a continuous improvement in the quality of the legal service offering;
d) Ensure adequate national coverage by the legal aid scheme in relation to the demand for legal aid services; and
e) Foster productive relationships with the relevant legal professional bodies and other stakeholders.
The composition of the Board Committee membership is indicated in the following table.
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The remuneration level of Board members is determined by the Minister of Justice and Constitutional Development in consultation with the Minister of Finance. Non-executive directors receive fees for their contribution to the Board and the Committees that they are members of with the exception of those non-executive who are in the full time employ of the state.
FordetailsonBoardmembers’andExecutiveManagementmembers’ emoluments for the financial year ending 31 March 2015 refer to the notes to the Annual Financial Statements on pages 140 to 141.
5. Risk Management
Legal Aid South Africa is committed to effective risk management and acknowledges that managing risk is key to our organisational maturity and sustainability. The Enterprise Risk Management Strategy and Plan incorporating fraud management is approved by the Board annually. The objective is to integrate and align the various risk management strategies, plans and actions across functional areas and operational units to ensure an integrated response as well as to ensure that the existing value of the
organisation is preserved and new value is created through increased accessibility of services for criminal, civil and advice matters. The Enterprise Risk Management Strategy is aligned to the requirements of the PFMA, King III and the Public Sector Risk Management Framework published by National Treasury. It is also aligned to Legal Aid South Africa Strategic Plan 2015–2020. The Enterprise Risk Management Strategy ensures a holistic approach to risk management and focuses on risks that are inherent in our strategy, operations and business.
To ensure good risk governance within Legal Aid South Africa, which includes effective risk governance, structures and policies overseeing risk management, the roles and responsibilities of the governance structures in the organisation, including the Board and its Committees, the OfficeoftheCEO,theManagementExecutiveCommittee,Executives, the Chief Risk Officer, the Internal AuditDepartment and other key role players in the organisation, are documented.
In order to build a risk-aware and risk-intelligent culture in the organisation, meetings were held with Executives and Justice Centre Executives. Risk registers were prepared focusing on strategic, operational, ethical and fraud risks.
Table 08: Board Committee Membership
Committee Number of meetings held
Number of members Names of members
Board Executive Committee
4 6 1. Judge President D Mlambo (Chairperson)2. Judge E Molahlehi (resigned 31 May 2014)3. Mr J Maree4.MsNMgadza5. Ms A Rhoda6. Prof. Y Vawda
Legal Services Committee
4 8 1. Prof. Y Vawda (Chairperson)2. Ms T Mhlungu3. Adv. P du Rand4. Ms Memka5. Ms M Naidoo6. Adv. K Pillay7. Mr Notyesi8. Ms R Subban
Remuneration, Social and Ethics Committee
4 8 1. Mr J Maree (Chairperson)2. Mr Mvundlela3. Ms Naidoo4. Ms A Rhoda5. Mr M Leseilane6. Mr T Tshivhase (term ended July 2014)7. Ms T Monama8. Ms Subban
Audit Committee 4 6 1.MsNMgadza(Chairperson)2. Mr J Maree3. Ms B Mxakwe4.MrWScholtz5. Ms J Luthuli6. Mr E Moolla
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Risk Control Self-Assessment surveys were conducted quarterly with JCs, regional offices and national officedepartments. This process was managed by the Chief Risk Officer and reports were prepared and submitted toManagement.
Legal Aid South Africa is required to comply with various laws such as the Legal Aid South Africa Act, 2014, and the Public Finance Management Act, 1999. Compliance with statutory provisions is signed off monthly by each executive.
A Statutory Deadlines Schedule is in place, which sets out requirements for compliance with applicable legislation wherewe are required tomake specific submissions.Theresponsibility for these submissions is allocated to the relevant executives.
The Internal Audit Executive provides quarterly reports to the Board on compliance with the Public Finance Management Act No. 1 of 1999 (PFMA) and Treasury Regulations as amended, Preferential Procurement Policy Framework Act No. 5 of 2000 (PPPFA) and regulations, Supply Chain
Management Policy and Practice Notes, King III and the extent of compliance of the Annual Report to Global Reporting Initiative Framework (GRI). As at the end of the 2014–2015 financial year the Internal Audit Departmentreported that Legal Aid South Africa was materially compliant with the PFMA and Treasury Regulations, the PPPFA and Regulations, King III, and the Supply Management Policy and Practice Notes.
Legal Aid South Africa is a service organisation that does not generate its own income and is dependent on state funding. A materiality framework that prescribes parameters for the presentation of the annual financial statement andperformance information is in place. For administrative purposes, levels of authority for the condonement of losses incurred at Legal Aid South Africa have been determined.
The table on the following page lists the top 10 risks identified for the 2014–2015 financial year as identifiedduring the organisation’s strategic planning process. Thetable also indicate the risk mitigating controls as well as risk opportunities.
Table 09: Legal Aid South Africa Strategic Risks – Mitigating Controls and Opportunities
No Risk Description Mitigating Controls Opportunities derived1 Challenges to the Rule of Law
(Criminal).•CourtCoverageProgrammefor
criminal matters.•CivilLegalAidDeliveryProgramme.
•Assistancetoclientsandcommunities with the funding of impact litigation matters.•Expansionofcivillegalaid.
2 Capacity to meet community demand for civil legal aid – lack of funding for civil legal aid.Access to civil Legal Aid Services Clients prejudiced by not getting access to civil legal aid, resulting in unfairness in civil actions and infringement on the clients constitutional rights.Legal Aid South Africa will suffer reputationa/branding damage
•Reportsonmattersexceedingturnaround times.
•LegalAidforcivilmattersonlygranted where there is a reasonable prospect of success.
•Linkageswithcommunityadviceoffices/traditionalstructures/government departments, including theMastersOfficeforestatesmatters.
•Cooperationspartneragreementsand Judicare programmes.
•LegalAdviceCapacity–AdviceLineand paralegals in all centres.
•Communityoutreach/civilcourtsoutreach programme.
•Expansionofcivillegalaidservicesacross all JCs including SOs.
•Growthofciviladviceservicestoclients at JCs, SO and Advice Line.
•Provisionofself-helpinformationmodules on our website.
3 Quality of legal services offered by Legal Aid South Africa (including Judicare quality).Quality of legal services offered by Legal Aid South Africa. Clients will be prejudiced with poor quality resulting in unfair legal proceedings and poor legal action/advice infringing upon civil/constitutional rights. Legal Aid South Africa will suffer reputational/brand damage.
•Qualityinterventionprogrammes.•Qualitymonitoring,assessmentand
programmes. •CompetencyDevelopment/Training
of legal staff. •CAReadiness/PractitionerSupport
needs assessment.•Professionalindemnity/negligence
insurance cover. •Recruitingcompetentpractitioners.•Judicarepractitioneraccreditationbriefingprogram.
•IndependentLegalQualityassessment by the LQAU.
•Improvedcompetenciesandskillsofall practitioners.
•Increasedawarenessoftherequiredquality standards by Judicare practitioners.
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No Risk Description Mitigating Controls Opportunities derived4 Legal Aid South Africa image/
reputation risk.Reputation of Legal Aid South Africa will prejudice the standing of the organisation amongst internal and external stakeholders and to clients thus impacting negatively on it being able to deliver on its mandate.
•BrandStrategy.•MarketingPlan.•Stakeholdermatrix/plan.•Buildingexcellentbrandexperience.•Maintainingstrongandgood
governance.
Greater awareness of the Legal Aid South Africa brand and the quality of service provided to the vulnerable communities.
5 Lack of confidence in the justice system. Inefficiencies of the justice system negatively impact on image and credibility of all entities within the justice system.Functioning of the justice system. Inefficientjusticesystemresultingininabilitytoprovideefficientandeffective access to justice thereby impacting on the rule of law.
•Monitoringcaseturnaroundtimesofall matters.
•Backlogcourtproject–reductionincase backlogs.
•CriminalJusticeSystemReview.•JusticeSectorStakeholder
relationship programme.•AttendingNEECandPEECmeetings
to address systemic challenges and delays.
Legal Aid South Africa playing proactive role in ensuring that inefficiencieswithinthejusticesystemare minimised.
6 Government’s ability to maintain baseline level of funding. Impact of recession or other government priorities resulting in budget cuts, which will result in reduction of services.
•PrudentbalancedbudgetandlobbyNational Treasury for additional budget.
•Useownreserveswhilemaintainingminimumcurrentratioof1.5:1.
•Monitorcashflowcloselyensuringthat MTEF and Annual budget are focused on essential and priority spending.
•Monitorexpenditureensuringthatitis within budget.
Legal Aid South Africa ensuring budget is aligned to Strategic Plan and Business Plan.
7 Sustainable performance and sustainable practice (SP2012). Organisational strategies, plans, policies and procedures resulting in unsustainable execution and performance impacting on ability to deliver mandate.
•StrategicPlancoveringmediumterm.
•Expenditureplansmonitoringimpacton ability to perform in medium term.
Business plan projects aligned to budget and organisational resources.
8 Attraction and retention of expertise and specialist skills (SP2012).An unattractive Employment Value Proposition that is unable to attract, retain and engage talent or deliver on the employment partnership promise.
•Responsiveandcontemporarytermsand conditions of employment and HR policies.
•Meaningfulworkexperienceandaninspiring work environment.
•Anaggressivelearninganddevelopment programme. •Arealisticcareerpathandcareer
planning. •Loyaltyofemployees.•Recruitmentandretentionstrategy.
Legal Aid South Africa is being marketed as an employer of choice to potential employees, positively impacting on the strategic positioning of the Legal Aid South Africa Brand.
9 IT Governance and IT Platform and capacity responsiveness to business need.ITgovernance:•Nonimplementationofbestpractices.•Lackoffundingtomaintainandgrow
the IT system in keeping pace with information demands by users.
•ITStrategicplanasasubsetoforganisational strategy.
•ITArchitectureplatformreviewedandaligned to organisational strategy.
•ConsistentITpolicy.•ITgovernancestructure.•InternalauditITreview.
•RelevantandapplicableITbestpractices applied across the IT environment.
•LifespanofITequipmentreviewedinline with capex budget.
10 IT Governance, IT Platform and capacity responsiveness to business need.ITinvestmentplatform:PoorITnetwork, hardware, middleware and software, and application investments resulting in poor IT systems to meet business demands.
•ITServiceCharter.•ITCARP(ITinfrastructure
elements recorded, monitored and maintained).
•InvestmentinVPNtomeetbusinessrequirements.
•Latest/recentsoftwareversions.
Development of new systems for the administration of the granting of legal aid, case management and business intelligence.
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6. IT GovernanceThe Board of Legal Aid South Africa is responsible for oversight on information technology (IT) governance in accordance with chapter 5 of the King Code and elements of international best practice.
In discharging its responsibilities the Board has established an IT strategy that is integrated with the performance and sustainability objectives of Legal Aid South Africa. Management in implementing Legal Aid South Africa’s ITStrategy and strengthening the IT Governance during the 2014–2015financialyearimplementedITprojectsintendedfor growing the IT system and improving IT infrastructure performance.
ElectronicLegalAidAdministration (eLAA)SystemProject:A new electronic Legal Aid Administration System (eLAA) is being developed to replace the current IT core system, Ad-Infinitum. The eLAA system will be developed onmodern application software covering legal administration functionalities intended to respond to business requirements. Legal Aid South Africa’s business continues to grow inbusiness process management and the adaptation of new innovative technologies.Amore efficient and capabletechnology to increasing business demand is thus important. Integration of the eLAA system with other business applications is critical for effective and reliable information management. The eLAA system is planned for completion in the2015–2016financialyear.
ModernisationoftheITsystem:TheITStrategicPlan2012–2017identifiesmodernisationoftheITplatformasimportanttobuildacost-effectiveandefficientbusinessoperationforLegal Aid South Africa. To keep up with the industry trends and best practices additional investments were done on the IT infrastructure platform. IT server virtualisation was embarked on to optimise dynamic resource sharing, minimisation in cost downtime and to boost efficiencies in automatedrestorations of system components. A Virtual Private Network (VPN), which is enterprise-wide, was upgraded and is now supportedbytheinstallationofawirelessplatforminallofficesof the organisation. An Access Point Name (APN) network was installed to support continuous business operations of management and court-based legal practitioners.
The Board of Legal Aid thus continues to monitor and evaluate IT investments and its maturity, which are necessary for improved performance of the organisation. The IT Steering Committee remains responsible for technical and operational IT risks ensuring sustainability of effective IT operations. UsersoftheITsystemareincreasinglyreceivingbenefitsofa modern technology with improved service.
7. Internal Control UnitLegal Aid South Africa does not have an internal control unit. Executive management is responsible for transversal functions and a system of matrix management is in place. Thisprovidesmanagementwithsufficientoversightoverallthe activities in the organisation.
The Board has ultimate responsibility for establishing a framework for internal controls, including an appropriate procurement and provisioning system. During the period under review, the Board approved the Internal Control Framework,whichisaimedatensuringamongotherthings:• thereliabilityandintegrityoffinancialandoperational
information• theeffectivenessofoperations• safeguardingofassets• compliancewithlaws,regulationsandcontrols.
The controls throughout Legal Aid South Africa focus on those criticalriskareasidentifiedbyoperationalriskmanagement,confirmed by executive management and assessed bythe auditors. The controls are designed and provide cost effective assurance that assets are safeguarded and that liabilitiesandworkingcapitalareefficientlymanaged.
Organisational policies, procedures, structures and approval frameworks provide direction, accountability and division of responsibilities and contain self-monitoring mechanisms.
Both management and Internal Audit closely monitor the controls,andactionsaretakentocorrectdeficienciesastheyareidentified.
The Internal Audit function provides written assessments on the effectiveness of financial and internal controls. The Chairperson of the Audit Committee provides reports on assurance of risk and internal control effectiveness to the Board.
8. Internal Audit Function
8.1. INTERNAL AUDIT FUNCTION
Internal Audit at Legal Aid South Africa is an independent appraisal function, established to evaluate the legal aid activities to provide reasonable assurance that effective risk management processes and internal controls and governance processes are in place. The key responsibility of Internal Audit is to assist the Board and its Committees in the discharge of its governance responsibilities including but notlimitedto:i. systematically analysing and evaluating the legal aid
business processes and associated controls
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ii. performance of an objective assessment of the risk management processes and internal frameworks
iii. performance of an evaluation of the Legal Aid’sgovernance processes including ethics
iv. providing reliable information regarding fraudulent activity, corruption, unethical behaviour and irregularities.
Internal Audit performs its activities in compliance with the PFMA and Treasury regulations, the King III Report on Corporate Governance and the International Standards for professional practice of internal auditing. Accordingly, Internal Audit performs independent, objective appraisal and evaluation of the risk management, internal controls and governance processes, as well as identifying corrective actions and suggested enhancements to the controls and processes, using a risk-based approach. A risk-based audit plan is prepared and approved by the AuditCommittee.TheauditplanisflexibleandresponsivetoLegalAidSouthAfrica’sriskprofile.
The Internal Audit Department has full and unrestricted access to all organisational activities, records, property and personnel and has the support of the Board and the Audit Committee.
The Internal Audit Department completed 97% of its approved Audit Coverage Plan. The variance was due the fact that only one out of two management requests for Annual Performance Information review was received; the Human Resources Departmental Audit was cancelled as itsinternalauditscheduleclashedwiththeAG’sanditwasreplacedbytheJCs’auditfocusingonthesameareas,asit was planned for HR. The effective coverage was 107%, taking into account the additional BAC/bids reviews and preparedness audits carried out.
8.2. LEGAL QUALITY ASSURANCE
The Legal Quality Assurance Unit, which reports to the Internal Audit Executive, is tasked with the responsibility of independently and objectively assessing the quality of legal practitioners including civil, criminal, paralegals and call centre agents within Legal Aid South Africa and judicare practitioners that are accredited with Legal Aid South Africa and are representing clients in both civil and criminal matters. The Unit completed 97% of audits planned for the financial year. The target coverage of100%notbeingattainedcanbeattributedtoaninsufficientsample of judicare trial matters being available to assess miscalculations in respect of JC paralegals, which will be rectified in the new financial year by assessing anadditional four JC paralegals.
9. Compliance with Laws and Regulations
Legal Aid South Africa complies with the requirements of its legal universe, which comprises approximately 80 pieces of legislation, including the Legal Aid South Africa Act, 2014, Public Finance Management Act, and Act 1 of 1999 (PFMA) and National Treasury Regulations, which provides guidelines that must be upheld and implemented for the realisation of good governance. The Public Finance Management Act regulates financial management in allspheres and levels of government to ensure that all revenue, expenditure, assets and liabilities are managed efficiently,effectively and economically. Furthermore, the Public Finance Management Act provides management with guidelines that must be upheld and implemented for the realisation of good governance.
Asat theendof the2014–2015financial year the levelofcompliance was 100% for all codes or legislation listed for the sections applicable to Legal Aid South Africa for quarters 1, 2, and 3. There was one incident of noncompliance with thePFMA,fourincidentsoffinancialmisconductandsevensuppliers who performed the refurbishment at the Justice Centres that did not provide letters of good standing to confirm that they were registered with the Department ofLabour as an employer and that their compensation fund assessments are in order to cover any eventualities and/or claims resulting from injuries on duty in quarter 4.
Legal Aid South Africa has, in the year under review, endeavoured to apply the principles set out in the King III Report on Corporate Governance, where applicable, and to explain when any principles are not applied. King III sets out the guidelines with regard to, inter alia, compositions, roles and functions of Boards, risk management, internal audits and integrated sustainability reporting.
Legal Aid South Africa applies principle 8.5 of chapter eight (8) of the King III Report, which recommends organisations to consider disclosing in the integrated report, the number and reasons for refusals of requests for information that were lodged with the organisation in terms of the Promotion of Access to Information Act (PAIA), 2000.
During the 2014–2015 financial year, the organisationreceived ten (10) requests in terms of the Promotion of Access to Information Act, 2 of 2000. Three (3) requests were fully granted, one (1) request was partially granted and one (1) request was still pending as it was received at the end of March 2015. Four (4) requests were refused for failure by the requester to pay the search fees. One (1) request was not pursued after a letter seeking the requester to comply with the requirements was sent to the requester. Note that six (6) requests were submitted from one requester and relates to
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a labour litigation claim proceeding, which was dismissed at the Labour Appeal Court in favour of Legal Aid South Africa.
10. Fraud and CorruptionThe Legal Aid South Africa Fraud Management Plan and Fraud Management policy were approved by the Board in May 2014 as part of the part of the ERM Strategy and Plan. These documents outline specific measures on themanagement of fraud. The Fraud Management Policy includes the implementation of a Fraud and Ethics Hotline, which is managed by an external independent party that reports directly to the Internal Audit Executive. Incidents reported to the Fraud and Ethics Hotline are reported to the Board in the Internal Audit Quarterly Report and are disclosed in the Annual Financial Statements. There were six (6) incidents of fraud that were reported during the financialyearunderreview.Infiveoftheincidentsreported,it is alleged that employees accepted payments from clients for services rendered. In one instance, the employee misrepresentedher educational qualifications.Three (3) ofthe employees involved in these instances were disciplined and subsequently dismissed. The remaining three (3) employeeslefttheorganisationbeforethefinalisationofthedisciplinary processes.
11. Minimising Conflict of Interest
A conflict of interest is a situation in which a person ororganisation is involved in multiple interests (financial,emotional, or otherwise), which could possibly corrupt the motivation of the individual or organisation. Legal Aid South Africa has measures in place to ensure that the integrity of officialdecision-makingisnotcompromisedbyanemployee’sprivateinterests.Conflictofinterestisnotonlydetectedbutdealtwithdecisively.Inordertominimiseconflictofinterestin supply chain management processes, the organisation has in place policies and procedures that guide the conduct of employees involved in procurement. These policies and procedures are reviewed annually and whenever necessary to ensure compliance to best practice.
Each official who participates in the procurement processcompletes a declaration of conflict of interest form, whichdiscloses conflict of interest and that no supplier will bepurposefully favoured or prejudiced. Should a conflict ofinterestbeidentified,theofficialwithdrawsfromparticipatingin any manner in the process relating to that procurement.
Suppliers are also required to complete a declaration of conflictof interestform(SBDform)witheveryprocurementthat isabovethethresholdofR30000.Whereaconflictofinterestisidentified,thenecessaryapprovaltoparticipateinthe procurement is required.
Legal Aid South Africa Codes of Conduct and Ethics help to minimise problems with conflicts of interests. It offersdirection and guidance to employees on the extent to which suchconflictsshouldbeavoided,andwhat theemployeesshoulddowheresuchconflictsarepermittedbyacodeofethics (disclosure, etc.).
Thus, employees, especially professionals, cannot claim that they were unaware that their improper behavior was unethical. In the period under review the declaration was done twice in August 2014 and in March 2015.
As importantly, the likelihood of disciplinary procedures also being instituted (for example, a lawyer being disbarred) helps tominimiseunacceptableconflictsorimproperactswhenaconflictisunavoidable.
12. Code of ConductThe Legal Aid South Africa Code of Ethics and Conduct Policy was reviewed and approved by the Board in May 2014. The policy applies equally to all employees and compliance with the code is mandatory. The purpose of the Code of Ethics and Conduct Policy is to promote and enforce ethical business practices and standards within Legal Aid South Africa. This Code represents the highest ethical standards applicable in the environment in which Legal Aid South Africa operates and strongly emphasises integrity and objectivity on the part of all employees, all managers and Executives.
A contravention of the code must be reported to a line manager, the Human Resources Executive or Internal Audit Executive. The matter will be investigated and dealt with according to the Legal Aid South Africa Disciplinary Code of Conduct.
13. Health, Safety and Environmental Issues
The Legal Aid South Africa Health and Safety policy and the Occupational Health and Safety Act, 85 of 1993 provide guidingprinciplesfor theachievementof theorganisation’shealth and safety programmes. Health and safety representatives and Committees are in place.
Any serious injuries, notifiable diseases or dangerousoccurrences taking place at work must be reported to the Human Resources Department. Sixteen (16) incidents of Injury on Duty were reported.Throughitsoperations,theorganisation’sactivitiesimpactontheenvironmentthrough:i. Printing of documentsii. Travel by car and airiii. Waste generated through activitiesiv. Electricity and water usage
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70 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The Environmental Policy was developed and approved by the Board and is reviewed annually. An implementation plan setting out the programmes and projects to achieve the objectives of the policy have been developed. The implementation plan covers, amongst others, reduction of carbon footprint, carbon emission, recycling of waste, and reduction of energy and water consumption.
14. Board SecretaryThe Legal Aid South Africa Board has access to the advice and services of the Board Secretary. Board members are also entitled to obtain independent professional advice, at Legal Aid South Africa’s expense, should they deem thisnecessary.TheBoardSecretary:i. provides guidance to the Board on the duties of the
directors and good governanceii. assists with the induction and training programmes
for Board membersiii. ensures Board and Committee Charters are up to
dateiv. ensures that contents of agendas of meetings are
agreed with the Chairperson, and that agendas and documents are distributed timeously to Board members and attendees
v. ensures that minutes of Board and Committee meetings are recorded and agreed by members of the Board, and does all other things necessary to ensure that meetings are held as scheduled
vi. assists with the evaluation of the Board, Committees and individual directors.
15. Report of the Audit Committee 15.1. THE AUDIT COMMITTEE
RESPONSIBILITIES
The purpose of the Legal Aid South Africa Audit Committee is toassist theBoard in fulfilling itsoversight responsibilityfor the integrated reporting process, the system of internal control, the audit process, External and Internal audits and LegalAidSouthAfrica’sprocessformonitoringcompliancewith laws, regulations, voluntary codes, best practices and the code of conduct.
15.2. TERMS OF REFERENCEThe Audit Committee adopted formal terms of reference, approved by the board of directors of Legal Aid South Africa. TheAuditCommitteeconfirmsthatitcarriedoutitsdutiesinaccordance with the approved terms of reference during this financial year. Furthermore theAudit Committee compliedwith the PFMA, Treasury regulations 3.1.13 and the King III requirements.
15.3. COMPOSITION
Details of the Audit Committee members and their attendance of meetings is provided in the table below.
Table 10: Details of the Audit Committee Members and their Attendance of Meetings
Name Qualifications Internal or external Date appointed Date resigned
No of meetings attended
MsNonhlanhlaMgadza(Chairperson)
MBA External (Non-executive Director) 1 March 2015 re-appointed into Transitional Board
- 3
Mr Ebi Moolla BJuris External (Independent Committee Member)
1 August 2013 (re-appointed)
- 4
Ms Marcella Naidoo B Social Science
External (Associated Committee Member)
1 March 2015 re-appointed into Transitional Board
- 4
Mr Jan Maree BCom LLB External (Non-executive Director) 1 March 2015 re-appointed into Transitional Board
- 4
Ms Berlina Mxakwe CA(SA) External (Non-executive Director) 1 March 2015 re-appointed into Transitional Board
- 4
MrWillieScholtz Technology and Business Leadership
External (Non-executive Director) 1 March 2015 re-appointed into Transitional Board
- 4
Mr I Ramdas CA(SA) External (Independent Committee Member)
3 June 2011 (re-appointed)
16 May 2014
Ms Jabu Luthuli CA(SA) External (Associated Committee Member)
1 November 2014 (re-appointed)
- 4
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71LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The Chief Executive Officer, Chief Operations Officer,National Operations Executive, Chief Legal Executive, Chief Financial Officer and representatives from theInternal and External Auditors attend the Audit Committee meetings by invitation. The Audit Committee has held separate meetings with The External and Internal Auditors before every Audit Committee meeting. Both the Internal and External Auditors have unrestricted access to the Audit Committee Chair person and the members.
The effectiveness of the Audit Committee is assessed on an annual basis.
15.4. STATUTORY DUTIES
InexecutionofitsstatutorydutiestheAuditCommittee:Made the following submissions to the board on matters concerning the Legal Aid South Africa’s accountingpolicies,financialcontrol,recordsandreporting:• Materialityframework,BACpolicy,Internalcontrol
framework, Investment policy, Fraud policy and related accounting policies;
• Writtenassessmentontheinternalcontrols;• Recommended annual financial statements for
approval by the Board; and• Recommended the financial statement for
submissiontotheofficeoftheAG31May2015.
15.5. DELEGATED DUTIES
The Audit Committee received reasonable assurance that the processes and procedures followed through the risk management processes at Legal Aid are adequate and effective to ensure that financial risks are identified andmonitored appropriately.
TheCommittee is specifically satisfied that the followingareashavebeenappropriatelyaddressed:• Fraudriskpertainingtofinancialreporting;• Financialreportingrisk;• Internalfinancialcontrol;• ITriskpertainingtofinancialreporting;and• Reviewed tax and technology risks, in particular,
how these are managed.
15.6. THE EFFECTIVENESS OF INTERNAL CONTROL
TheCommitteehas:• Reviewed the effectiveness of the company’s
system of internal financial controls includingreceiving assurance from Management, Internal Audit and External Audit;
• Reviewedthepoliciesandproceduresimplementedto prevent and detect fraud, bribery and corruption;
• Reviewedsignificant issues raisedby the internaland external audit process, including the manner in which they were resolved;
Based on the set processes followed and assurances provided we believe that significant internal financialcontrols are in place and are effective.
Regulatory complianceThe Audit Committee has complied with all its applicable legal and regulatory responsibilities.
Internal AuditThe Audit Committee has during the course of the year FY2014–2015:• Reviewed and recommended the Internal Audit
charter for approval by the board;• Evaluated the independence, effectiveness and
performance of the internal audit function, in relation to its mandate;
• SatisfieditselfthatInternalAudithasthenecessaryresources, budget , standing and authority within the company to enable it to discharge its functions;
• WaspartoftherecruitmentprocessoftheIAEandassessedtheincumbent’sperformancethroughitsChair person;
• ApprovedtheInternalAuditplan;and• Encouragedtheco-operationbetweenInternaland
external audit.
The Internal Audit function is subject to independent quality revieweveryfiveyearsorasandwhen theauditcommittee deems appropriate. The function was last externallyreviewedinbySizweNtsalubainFY2013–2014and attained a GC result.
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72 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
15.7. IN-YEAR MANAGEMENT AND MONTHLY/QUARTERLY REPORT
The Legal Aid South Africa has submitted monthly and quarterly reports to the Executive Authority.
15.8. EVALUATION OF FINANCIAL STATEMENTS
We reviewed the Annual Financial Statements prepared by Legal Aid South Africa, which are prepared and presented in accordance with the South African Standards of Generally Recognised Accounting Practice (SA Standards of GRAP) and requirements of the Public Finance Management Act of South Africa, 1999 (Act1 of 1999)(PFMA) and the Treasury Rules and Regulations.
15.9. AUDITOR’S REPORT
We reviewed Legal Aid South Africa’s implementationplan for audit issues raised in the prior year and we are satisfiedthatthemattersraisedwereadequatelyresolvedand addressed.
We therefore concur and accept the conclusions of the externalauditor(AuditorGeneral)ontheannualfinancialstatements (AFS) that they present fairly, in all material respects, the financial position of the Legal Aid SouthAfrica as at 31 March 2015. The audited AFS should be accepted and read together with the report of the Auditor provided.
Integrated ReportingBased on the processes in place and the assurance provided by Internal Audit, we recommend the integrated report to the Board for approval.
Ms Nonhlanhla MgadzaChairperson of the Audit Committee Legal Aid South Africa25 July 2015
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73LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTD:SUSTAINABILITY REPORT
74 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Sustainability Strategic Plan During the year under review, Legal Aid South Africa developed a Sustainability Strategic Plan, linked to the organisational Strategic Plan 2015–2020. The strategic risks and the environmental context highlighted sustainability issues and therefore informed the sustainability focus areas.
The approach taken to sustainability by Legal Aid South Africaisabout:i. Thesustainabilityimpactoftheorganisation: The impact of the organisation’s work on the
economy, society and the environment in the short, medium and long term; and
ii. Sustainabilityoftheorganisationitself: Improving the maturity level of the organisation so
that it operates at optimal levels and can continue to be a going concern in delivery terms as well as financialterms.
The Legal Aid South Africa Sustainability Strategy has set out a broader SUSTAINABILITY VISIONasfollows:
To make the Constitution a living document for the poor and vulnerable, be a partner to communities and stakeholders and, be a preferred employer of legal professionals. Thus increasing access to justice, widening the social safety net of communities, building trust in the rule of law and building viable institutions (courts and public entity) of a democratic state to positively impact the current and future quality of life of clients and communities.
The Legal Aid South Africa Sustainability Vision incorporates the following aspirational elements:i. to promote a human rights approach to access to
justiceii. to be an accepted part of the community’s safety
net enabling poor and vulnerable persons to access justice, which positively improves the quality of their life in the short and long term
iii. to contribute to an efficient and effective justice system, which builds trust in the rule of law and confidence in the effective functioning of a public institution (that is, courts) of a democratic state
iv. to partner with communities and stakeholders to inform the delivery of legal aid services and increase access to justice
v. to be the best and preferred employer of legal professionals
vi. to develop a segment of a clean, accountable, efficient and effective government/state.
The sustainability goals and the strategic intent of each goalare:
Sustainability Goal 1: Improved access to justice impacting on current and future quality of life of clients Strategic intent (of Goal 1): (social & economic)Access to justice widens the safety net of poor and vulnerable persons. Outcomes of justiciable matters impacts on quality of life and economic conditions of clients. Developingasegmentofaneffectiveandefficientgovernment/state able to deliver public goods (legal aid services).
Sustainability Goal 2: Improved effectiveness and confidence in the justice system Strategic intent (of Goal 2): (social & economic)Building the public institutions (i.e. justice system including courts) of a democratic society. Anefficientandeffectivejusticesystemimpactspositivelyonthefunctioning of the economic systems at local and national level. Engaging stakeholders for their inputs to inform services offered to increase access to justice and improving functioning of the justice system. Sustainability Goal 3: Good governance practice and a strong governance reputationStrategic intent (of Goal 3): (governance)Developing a segment of a clean and accountable government/ state effectively utilising public funds. Sustainability Goal 4: Improved maturity level of the organisation Strategic intent (of Goal 4): (business performance)Developingasegmentofanefficientandeffectivegovernment/state. Transparent and accountable use of public funds improves probability/support for continued funding. Sustainability Goal 5: Best employer of legal professionals (and related management and support staff)Strategic intent (of Goal 5): (social)Employer of choice. Sustainability Goal 6: Reduced carbon footprint (of organisation) Strategic intent (of Goal 6): (environment)Reduce global carbon footprint to give effect to these goals LegalAidSouthAfricahasidentifiedsix sustainability focus areas:I. Access to JusticeII. Justice SystemIII. Good GovernanceIV. Maturity LevelsV. Employer of Choice VI. Carbon Footprint
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75LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Each focus area is further detailed into sub-focus areas that add greater depth to the focus areas. These sub-focus areas are detailed as part of the performance report on sustainability for 2014–2015. Sustainability risks associated with each of the strategic focus areaswere identified anda sustainability risk register was developed. These risks are managed and reported on to the Board.
2. Report on Sustainability Performance
Following isa reportonperformanceagainst the identifiedsustainability goals. Note that statistics on performance are covered elsewhere in the Annual Report.
GOAL 1:
Improved access to justice impacting on current and future quality of life of clients
Focus area I – access to justice
Sub-focus areas: i. access of legal services and adviceii. quality of legal services and adviceiii. community outreach and education
A number of interventions were in place to ensure access of legal services and legal advice,including:• Courtcoverageisalignedtodemand• The practitioner per court model, which was
implemented, ensured that all criminal courts were covered and therefore the likelihood of clients being unrepresented is minimal
• Legalrepresentationwasavailableinallcivilmattersthat are covered by the Legal Aid Guide (LAG) and where both the clients and their matters meet the qualifying criteria as set in the LAG
• Aprogrammewasinplacetoensurethatallchildrenare represented
• Legal assistance was available to all clients inspecialist courts, including child justice courts, sexual offences courts and commercial crimes courts. Legal representation was also provided in specialist matters to vulnerable clients such as asylum seekers and mental healthcare patients
• Throughlinkageswithadviceoffices,legalaidclinicsandtheMastersOfficeclientswereabletolinktocivillegal aid services at contact points other than our JusticeCentresandSatelliteOffices,thusincreasingclients’physicalaccesstoourservices
• The paralegal community outreach programmeensured that legal advice services were accessible to communities and particularly rural communities
• Clients,especiallythoseinruralareasorthosewhohave limited mobility were able to access telephonic legal advice through the Legal Aid Advice Line
• Aself-helpwebsitewith11modulesallowedaccessto justice where legal aid is not available to clients due to their matters being excluded from legal aid assistance or where they do not meet the necessary criteria for legal aid assistance
• Impact litigation matters ensure that the outcomesimpactmorebroadlythanonjustthespecificclientsassisted and the careful selection of matters to be funded as impact matters have resulted in successful outcomes whereby the strategic intent of the litigation has been achieved and thereby ensuring that clients constitutional rights are enforced or protected and legal precedents impacting widely on our clients rights have been achieved
• LeavetoAppealmattersweremonitored• Clients’constitutionalrighttolibertywasprotectedby
ensuring that bail applications were considered• Allremanddetaineesaswellaschildrenawaitingtrial
in custody were monitored• Awaiting trial prisoners’ paralegal programme was
implemented• Stakeholders were made aware of legal aid and
encouraged to refer potential clients
To ensure quality legal services is rendered and competent practitioners are able to render quality legal services to clients,thefollowingareinplace:• Legalqualityreviewswereconductedandconfirmed
that over 97% of our practitioners are rendering services in compliance with our quality requirements, which includes an assessment on the outcomes achieved by practitioners in the cases reviewed
• Allqualityreviewinstrumentswerereviewed• All legal support programmes, including CA court
readiness and pre-admission programmes have been implemented and monitored
• Legaltraininghasbeenconductedwithallcategoriesof practitioners
• Legalresearch,resultingin,amongstothers,researchreports, legal newsletters and case discussions were undertaken to support quality legal services delivery, policydevelopmentandtoprotectclients’rights
• Legalsupportinterventionsincludingonlineresearch,legal newsletters and research reports, legal discussion forums and a non-legal expert database were available
• Communitystructures
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76 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Community outreach and education to increase awareness ofTheConstitutionandBillofRightsresultedin:• 1,050outreacheventsheldatcommunityleveland
at key government service delivery points• Improvedbrandawarenessthroughwordofmouth
from 9% in 2013–2014 to 31% in 2014–2015. This was as a result of community events and meetings held
• Implementation of the advertising and marketingplan was 90% achieved. The National Omnibus Survey results showed an increased awareness of the Legal Aid South Africa brand by 9% but results shows that traditional media is ineffective in the rural areas surveyed. There is a need to focus on community radio, community newspapers and brand packaging advertising.100% completion of branding at key points such as prison cells, police cells and courts. Increased brand awareness by 7%, from 8% in 2013–2014 to 15% in 2014–2015
GOAL 2:
Improvedeffectivenessandconfidenceinthejusticesystem
Focus area II – justice system
Sub-focus areas: i. speedy and fair trial (criminal)ii. speedy and fair resolution of matters (civil)iii. justice governance
In order to reduce the number of trials and ensure speedy and fair resolution of both criminal and civil matters, practitioners consider ADR options to resolve their cases, including restorative justice, and formal/informal plea bargaining.
The improvements in the CJS contributed positively to faster turnaround times of cases, especially in the district courts, however there were delays in RC and HC matters.
All recommendations and approved protocols from the CJS review committee have been implemented by Legal AidSouthAfrica.The introduction of Provincial EfficiencyEnhancement Committees (PEECs), chaired by the Judge President of each province, has had a positive effect in holding all court stakeholders to account on their performance, which has had a positive influence on theperformance of the justice system.
Animportantobjectiveofall localcaseflowcommitteesisto improve the throughput of cases. Our representatives are active participants in all such committees. All backlog courts are covered by legal aid practitioners. Legal Aid South Africa is properly represented and are active participants in all justice cluster forums that have been set up and has
played an increasingly proactive role in highlighting areas of weakness in the functioning of the justice system at relevant forums, thereby ensuring that measures to resolve these problems are considered and implemented.
All JCs have implemented the court stakeholder relationship management programme, including the presiding officervisitation programme. Improvements have been noted in theefficiencyofthedistrictcourtsinparticular.
The pro bono programme has been rolled out to all JCs and 156probonomatterswereissuedduringthelastfinancialyear. Clients are rarely refused legal aid in criminal matters, however, if they are, they are advised of their appeal options.
GOAL 3:
Good governance practice and a strong governance reputation
Focus area III – good governance
Sub-focus areas: i. strong governance performanceii. highethicalstandards:zerotoleranceonfraudand
corruption and ethical conduct with clientsiii. an effective and visionary Boardiv. IT Governance
Legal Aid South Africa maintains a high standard of corporate governance, including compliance with the PFMA and King III and other statutory requirements. Quarterly PFMA audits were conducted by the Internal Audit Department and 100% compliance was reported.
In order to maintain high ethical standards and enforce a zerotoleranceapproachtofraudandcorruptionandethicalconduct with clients, a fraud and ethics hotline is in place and all matters reported in the 2014–2015 financial yearwere investigated and finalised, except one, which wasreported in March 2015 and the investigation thereof is still in progress.
Board and Board Committee self-evaluations were conducted, a Board succession plan is implemented and Board decisions were implemented as per the minutes.
The Board is decisive in its strategic role of overseeing policy development and implementation. Organisational annual performance is maintained at >90%.
LegalAid SouthAfrica’s IT governance is well managed, with the IS steering committee overseeing the management of IT performance, IT maturity and IT risks and its subcommittees (SAP, SYSPRO, AI and IT architecture) are functional.
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77LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
There has been an improved IT system response to business needs and clients. Client survey indicated satisfaction in using IT systems, there were no backlogs in LA1 capturing and all judicare invoices were paid within 30 days.
The Board reviewed and approved IS policies, IT strategy, IT status and IT maturity to ensure IT environment growth and improved IT infrastructure performance was in line with business needs.
GOAL 4:
Improved maturity level of the organisation
Focus area IV – maturity levels
Sub-focus areas: i. to develop maturity level of core business to improve
quality services to clientsii. to develop maturity level of each segment of the
organisation to perform at optimal levels and improve the impact of delivery/outcomes
iii. to embed enterprise risk management into the business approach and culture of the organisation
iv. financialmaturityandcleanauditsv. IT and IT systemsvi. business continuity
In relation to improving the quality of services to clients, whilst the maturity level of four was not changed for this financial year, the implementation of various programmesand projects aimed at improving quality have ensured that we have strengthened in our current maturity level.
The maturity levels for support functions is between levels three and four, with IT lagging behind and HR advancing ahead of all functions.
Legal Aid South Africa implements its approved Enterprise Risk Management Strategy and Plan. Combined risk registers were presented to the Board on a quarterly basis. Risk CSAs were also conducted quarterly and a Combined Assurance Risk Tracking document was maintained and updated on a quarterly basis. The overall high performance of our organisation indicates that risks have been properly identifiedandareappropriatelymanaged.Therisksurveysand interviews conducted with executives also suggest a developing risk intelligent culture within our organisation.
Theorganisationhasazerotolerancestancewithregardtofraud.Therewasnofraudwithintheorganisation’sinternalandfinancialcontrolssystems.
Quarterly financial statements were produced on time and showed consistently good expenditure trends. Financial
statementsindicatedasoundfinancialpositionwithcurrentassets exceeding current liabilities by more than 100%.
Theannualfinancialstatementsof2013–2014wereauditedby theAuditor-General and the result was an unqualifiedaudit with no matters of importance or emphasis raised. The spending trends of Legal Aid South Africa, spending morethan98%of itsbudgetover thepastfinancialyearshave indicated its ability to spend and commit the allocated budget and to deliver on its mandate within the allocation and budget constraints. The Internal Control Framework was developed and aims to enhance governance.
Legal Aid South Africa successfully managed its government funding ensuring prudent cash management, an optimal portfolio of debt obligations as well as promoting and enforcing prudent financialmanagement through financialanalysis and oversight.
The IT system has stabilised and operations effectively managedasaresultof:i. 98% of server infrastructure virtualised to address
modernisation of IT system ii. Upgraded VPN (WAN) network speed ensuring
efficientbusinessoperationsiii. Upgraded disaster recovery which improved time to
recover organisational data from three days to one iv. IT risk register being monitored and the planned actions
timeously mitigated to reduce the impact of the risk
The IT systems were consistently available and accessible at >90%, assisting in uninterrupted work operations necessary for improved productivity.
Business continuity plans are in place. The management of business interruptions have proved to be effective through interventions on continued rehearsals. All testable areas as per requirement by the Board have also been successfully tested and for those not tested there are plans in place to mitigate disruptions to business.
GOAL 5:
Best employer of legal professionals (and related management and support staff)
Focus area V – employer of choice
Sub-focus areas: i. recruitment and retentionii. employee engagement and developmentiii. labour relationsiv. organisational culturev. employee wellnessvi. CSI
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78 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
High levels of recruitment and retention have been recorded, with recruitment being at 94% (2% lower than the target), and the turnover rate at 6%. This can be attributed to the Legal Aid South Africa Terms and Conditions of Employment and Employment Value Proposition (EVP). Salaries are competitive and benchmarked against government and key service related companies. The team climate monitor has confirmed high levels of employee engagement and satisfaction. Legal Aid South Africa has received external accreditation from the Top Employers and Universum indicating that the organisation is seen as a leading legal employerfirmwithinSouthAfrica, resulting inanenhancedimage and profile.A succession planning programme is inplace and is being successfully implemented.
Training programmes are in place for legal and non-legal staff. The legal training targets were exceeded. The legal training unit held 30 training courses, launched 12 new e-learning modules and 48 self-learning modules were made available. Training targets for support staff have been achieved and exceeded thus enabling improved competency of staff in their areas of responsibilities and organisational growth in the long term. A high level of performance from staff is critical to sustain the level of organisational performance and sustainability.
A stable organisational climate was created with sound and effective management practices and labour relations maintained throughout the reporting period. The implementation of the policy on Flexible Work Arrangement (FWA) is seen as a positive contribution to work performance and more staff are pursuing work performance levels so as to be included in the reviewed FWA.
A values-based organisational wide culture programme was implemented during the financial year with the focus onrejuvenating the organisational culture and recommitment to the values.
Employee Wellness, Health and Safety programmes have beeneffectivethroughoutthefinancialyear.Thehealthrisksof employees have been monitored and are mitigated through health awareness programmes and counselling. Access to officepremisesbypeoplewithdisabilitiesisachallengeatafewofLegalAidSouthAfrica’soffices.
CSI initiatives were achieved through the Organisational Culture Programme as part of the current outreach and public educationprogrammesannualplans:i. Legal Aid South Africa employee support of the 67
minutes of Mandela Day campaignii. OCP programmes at shelters as part of the 16 Days of
Activism campaigniii. Take a boy and girl child to work as part of giving back
to communitiesiv. Support to AIDS orphanage – contribution in a form of
food parcels, clothing and unused furniture
During 2014–2015 161 legal practitioners employed by Legal Aid South Africa, served as Commissioners in Small Claims Courts on a voluntary basis.
GOAL 6:
Reduced carbon footprint (of organisation)
Focus area VI – carbon footprint
Sub-focus areas: i. reduce carbon footprint related to business operations
In order to reduce fuel consumption, an assessment was done for all Justice Centres to identify the transport needs, thatis,thenumberandsizeofvehicles.
The procurement of bigger vehicles for those Justice Centres attending to one court as compared to a number of smaller vehicles, has assisted in the reduction of fuel consumption.
Communication on energy saving is sent to all business units linked to annual governmental programmes. The nationalofficehasenergysavingunits(sensors)installed.
Although the organisation is currently unable to measure its carbon footprint reduction, a carbon footprint reduction template was developed and the national office throughimplementation of carbon footprint programmes has reduced its monthly liability to the municipality on electricity consumption.
Where possible we have endeavoured to align Legal Aid South Africa’s Sustainability Framework to the GlobalSustainability Reporting Initiatives (GRI) framework, which provides comprehensive information to stakeholders on an organisation’s economic, social and environmentalperformance, also referred to as the triple bottom line reporting. We have also incorporated elements of the GRI framework in our annual report.
3. Challenges Experienced with Implementing Sustainability Programmes
The target for turnaround times for Regional Court and High Court matters was exceeded. Congested court rolls and delays in investigations are amongst the reasons that contributed to this. Legal Aid South Africa will monitor the performance of these courts and engage with role players within the criminal justice sector to ensure that access to justice is a priority.
SUSTAINABILITY REPORT
79LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORT
With regards to advertising to increase awareness of Legal Aid South Africa services it was noted that traditional forms of media (television and national radio stations) were not as effective in rural areas that were surveyed and we therefore need to focus on community radio stations and newspapers.
The organisation’s core IT system is outdated and isbeing maintained. We embarked on a process of replacing the current IT system, however, a number of challenges were experienced, which has resulted in a delay in the development of the new system.
The issue of the provision of relief capacity is often raised by stakeholders in the justice cluster but budget constraints restrict the recruitment of sufficient legal practitioners toprovide for relief staff capacity at the courts.
4. Stakeholder EngagementBuilding and maintaining sound stakeholder relationships formsanintegralpartofLegalAidSouthAfrica’scorporatestrategy. This stakeholder inclusive approach is informed by our recognition and appreciation of their important role in making our vision of providing access to justice come alive.
Our stakeholder relationships have over the years helped us to develop a meaningful, cohesive, engaging and sustainable
corporate strategy. Our two-pronged stakeholder engagement approach enables us to seek as wide and diverse participation aspossible,throughthefollowing:• Activeparticipationinlegalandacademicforumsand
committees, which facilitate a knowledge transfer process that would strengthen policy decisions of the justice system.
• Activeengagementofthepublicthroughcommunityinitiatives such as outreach events, public lectures and media (including social media and newsletters).
We are also cognisant of the fact that carefully listening to, understanding of, evaluating, considering and responding to all of our stakeholders views and opinions is crucial to our success. In addition to regular ongoing stakeholder interaction, during the reporting period we had constructive dialogue with our provincial and national stakeholders on the strategic direction of Legal Aid South Africa so that our strategic plan development was a transparent process and inputs from stakeholders were incorporated into the Legal Aid South Africa Strategic Plan 2015.
The table on the following page provides an overview of the stakeholder groups and specific stakeholders we engaged, the type of engagement we had with them, the comments or concerns raised and how we responded to these.
Reaching communities.
80 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 11: Engagement with Stakeholders
Gro
upSt
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t rec
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and
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) A to
tal o
f eig
ht m
eetin
gs a
nd o
ne in
daba
was
atte
nded
by
the
CLE
C
) The
JC
s pa
rtici
pate
d in
ove
r 7,5
00 m
eetin
gs/in
tera
ctio
ns
withpresidingofficers
D) A
ppro
xim
atel
y 95
0 st
akeh
olde
r int
erac
tions
hel
d w
ith D
oJ
seniorofficials
E) L
egal
Aid
Sou
th A
frica
par
ticip
ated
in a
ll N
EE
C a
nd P
EE
C
mee
tings
F) L
egal
Aid
Sou
th A
frica
par
ticip
ated
in a
ll lo
cal C
ase
Flow
m
eetin
gs
• La
ck o
f rel
ief s
taff
to c
over
cou
rts
whe
n pr
actit
ione
rs a
re a
bsen
t•
Insufficientcapacitytocovercourts
ever
y da
y it
sits
• R
esis
tenc
e to
the
rota
tion
of o
ur
prac
titio
ners
•Tr
aini
ng o
f our
CA
s•
Pos
tpon
emen
t req
uest
s fo
r jun
ior
prac
titio
ners
to c
onsu
lt w
ith th
eir
supe
rvis
ors
on g
uilty
ple
as•
Civ
il le
gal a
id s
ervi
ces/
cons
ulta
tions
sh
ould
be
mad
e av
aila
ble
at re
mot
e co
urts
•
Incr
ease
d le
gal s
ervi
ces
to b
e m
ade
avai
labl
e in
Mai
nten
ance
& D
omes
tic
Viol
ence
Mat
ters
• P
ract
ition
er p
er c
ivil
cour
t mod
el to
co
ver c
ivil
cour
ts ro
lls fo
r per
sons
re
quiri
ng le
gal a
ssis
tanc
e
• Li
mite
d re
lief p
rogr
amm
e im
plem
ente
d at
33
JCs
in
2015
/16.
We
also
hav
e st
anda
rd o
pera
ting
proc
edur
es
(SO
Ps)
for J
Cs
to fo
llow
to e
nsur
e im
prov
e co
mm
unic
atio
n an
d su
ppor
t to
cour
ts w
hen
prac
titio
ners
are
abs
ent
• W
e ha
ve a
ligne
d ou
r sup
ply
of c
apac
ity to
cou
rts to
the
actualdem
andateachcourtroomusingthefindingsfrom
our c
ourt
roll
rese
arch
pro
ject
• A
SO
P is
in p
lace
to e
nsur
e th
at ro
tatio
n of
pra
ctiti
oner
s ar
e pl
anne
d m
onth
s in
adv
ance
and
all
stak
ehol
ders
are
pr
oper
ly in
form
ed o
n ch
ange
s, in
clud
ing
the
man
agem
ent
of p
art h
eard
mat
ters
• A
n ex
tens
ive
cour
t rea
dine
ss p
rogr
amm
e is
in p
lace
to
ensu
re th
at a
ll C
As
are
prop
erly
ski
lled
for c
ourt
wor
k•
We
have
impr
oved
com
mun
icat
ions
with
sta
keho
lder
s on
ou
r qua
lity
man
agem
ent p
rogr
amm
e, in
clud
ing
the
need
to
revi
ew a
ll gu
ilty
plea
s•
Civ
il C
ourt
visi
tatio
n in
clud
ed in
par
a-le
gals
out
reac
h pr
ogra
mm
e as
per
JC
civ
il co
urt c
over
age
• Le
gal A
id G
uide
am
ende
d to
mak
e se
rvic
es a
vaila
ble
to
Eld
erly
per
sons
in D
omes
tics
Viol
ence
and
to a
ssis
t in
Mai
nten
ance
mat
ters
whe
re a
pplic
ant n
ot a
ble
to o
btai
n or
der/e
nsur
e en
forc
emen
t in
12 m
onth
per
iod
• A
dditi
onal
civ
il ca
paci
ty a
lloca
ted
with
in a
vaila
ble
reso
urce
s•
Civ
il C
ourt
roll
anal
ysis
pilo
t pro
ject
und
erta
ken
to
unde
rsta
nd e
xten
t of d
eman
d an
d un
repr
esen
ted
litig
ants
2. L
aw C
linic
s an
d AdviceOffices
Stra
tegi
c O
bjec
tive
A) T
o be
resp
onsi
ve a
nd h
ave
co-o
pera
tive
rela
tions
hips
with
ot
her s
ervi
ce p
rovi
ders
B)A
cquiremeaningfulinsightandinputtotheorganisation’s
stra
tegi
c di
rect
ion
Rep
ort o
n Pe
rfor
man
ceA
) All
JCs
with
civ
il un
its h
eld
civi
l leg
al a
id c
linic
s to
ass
ist
clientswithspecificcivilproblemsaswellasoffergeneral
awar
enes
s le
ctur
es o
n th
e ci
vil l
egal
ser
vice
s. A
tota
l of 6
4 cl
inic
s w
ere
held
B)JCsvisitedover1600AdviceOfficestoprovide
assi
stan
ce a
nd b
ack
up le
gal s
ervi
ces.
7 8
41 c
lient
s w
ere
seenand1100new
filesopened
• A
dditi
onal
Fun
ding
requ
ired
to e
xten
d se
rvic
es m
ade
avai
labl
e by
law
cl
inic
s an
d to
incr
ease
the
num
bers
of
Co-
oper
atio
n pa
rtner
s•
NG
O S
ecto
r req
uire
sup
port
to
ensu
re s
usta
inab
ility
• Le
gal r
epre
sent
atio
n su
ppor
t re
quire
d fo
r clie
nts
who
se m
atte
rs
requ
ire li
tigat
ion
• A
call
for p
ropo
sals
for t
he fu
ndin
g of
co-
oper
atio
n pa
rtner
s w
as a
dver
tised
and
pro
posa
ls h
ave
been
rece
ived
from
po
tent
ial s
ervi
ce p
rovi
ders
incl
udin
g La
w C
linic
s•
Add
ition
al F
unds
wer
e ea
rmar
ked
for c
o-op
erat
ion
agre
emen
ts fr
om th
e 20
15–2
016
FY•
Lega
l Aid
Sou
th A
frica
has
sou
ght e
ngag
emen
t with
A
CA
OS
A to
det
erm
ine
wha
t sup
port
can
be p
rovi
ded
to
communityAdviceOfficestoim
provetheiroperationsand
sust
aina
bilit
y. T
his
will
incl
ude
the
poss
ible
allo
catio
n of
fu
lly d
epre
ciat
ed c
ompu
ter e
quip
men
t
SUSTAINABILITY REPORT
81LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
ort o
n in
put r
ecei
ved
How
issu
es w
ere
resp
onde
d to
3. P
rofe
ssio
nal
Lega
l Bod
ies
Stra
tegi
c O
bjec
tive
A) E
ffect
ive
inte
ract
ion
with
pro
fess
iona
l bod
ies
rega
rdin
g pr
ofes
sion
al re
gula
tory
mat
ters
con
cern
ing
lega
l pr
ofes
sion
als
B)A
cquiremeaningfulinsightandinputtotheorganisation’s
stra
tegi
c di
rect
ion
C) I
ncre
ase
acce
ss to
just
ice
thro
ugh
pro
bono
agr
eem
ents
w
ith p
rivat
e pr
actit
ione
rs
Rep
ort o
n Pe
rfor
man
ceA
) Leg
al A
id S
outh
Afri
ca k
ept u
p to
dat
e w
ith d
evel
opm
ents
in
the
lega
l pro
fess
ion
B) E
ffect
ive
parti
cipa
tion
of L
egal
Aid
Sou
th A
frica
in th
e Le
gal P
ract
ice
Cou
ncil
C) L
egal
Aid
Sou
th A
frica
was
par
t of 2
6 va
rious
com
mitt
ees
of th
e pr
ovin
cial
Law
Soc
ietie
sD
) Leg
al A
id S
outh
Afri
ca p
artic
ipat
ed in
55
prov
inci
al L
aw
Soc
iety
mee
tings
E) P
ro b
ono
agre
emen
ts c
oncl
uded
with
all
Law
Soc
ietie
s an
d B
ar C
ounc
ilsF)
Inpu
t giv
en o
n th
e Le
gal P
ract
ice
Act
and
the
esta
blis
hmen
t of t
he L
egal
Pra
ctic
e C
ounc
ilG
) Leg
al A
id S
outh
Afri
ca la
wye
rs p
artic
ipat
ed in
all
AG
Ms
and
mee
tings
of t
he L
aw S
ocie
ties,
Bla
ck L
awye
rs
Ass
ocia
tion,
Nad
el, S
AWLA
• R
egis
tratio
n of
com
mun
ity s
ervi
ce fo
r ou
r CA
s•
Qua
lity
mon
itorin
g of
pra
ctiti
oner
s•
Managem
entofconflictofinterestfor
co a
ccus
ed in
crim
inal
mat
tters
•Com
mentsreceivedonLegalAid’s
stra
tegi
c pl
an•
Est
ablis
hmen
t of N
atio
nal F
orum
as
par
t of t
he im
plem
enta
tion
of th
e Le
gal P
ract
ice
Act
• Im
prov
ed p
roce
ssin
g of
doc
umen
tatio
n fo
r reg
istra
tion
of
com
mun
ity s
ervi
ce•
Qua
lity
revi
ew in
stru
men
ts s
hare
d w
ith p
rofe
ssio
n •
Agr
eed
that
whe
re L
egal
Aid
can
not i
dent
ify a
Jud
icar
e pr
actit
ione
r to
take
on
an in
stru
ctio
n fo
r a c
o-ac
cuse
d,
then
the
law
soc
iety
will
be
invi
ted
to p
rovi
de a
pra
ctiti
oner
on
pro
bon
o•
Com
men
ts re
ceiv
ed o
n st
rate
gic
plan
ning
pro
cess
factoredintothedraftingofthefinaldocum
ent
• A
gree
d to
wor
k to
geth
er in
the
best
inte
rest
s of
the
prof
essi
on a
s w
ell a
s ou
r clie
nts
on th
e N
atio
nal F
orum
4. J
ustic
e S
yste
m
Sta
keho
lder
s (C
rimin
al a
nd
Civ
il)
Stra
tegi
c O
bjec
tive
A) A
n im
prov
ed c
rimin
al ju
stic
e sy
stem
B) T
o in
crea
se c
ivil
lega
l aid
C)Jointeffortsaimedatimprovingcaseflow
satcourts
D) I
mpr
oved
acc
ess
to d
etai
nees
E) M
itiga
te th
e se
rvic
e of
ser
ving
civ
il pr
oces
s an
d ex
ecut
ing
cour
t ord
ers
Rep
ort o
n Pe
rfor
man
ceA
) Leg
al A
id S
outh
Afri
ca is
repr
esen
ted
at a
ll Ju
stic
e S
yste
m
Sta
keho
lder
mee
tings
, the
reby
pro
act
ivel
y co
ntrib
utin
g to
im
prov
emen
ts to
the
Just
ice
Sys
tem
. B
) 14
JCs
host
ed 2
0 Ju
stic
e C
lust
er F
orum
s C
) Leg
al A
id S
outh
Afri
ca p
artic
ipat
ed in
ove
r 100
lega
l fra
tern
ity o
rgan
isat
ions
Rev
iew
Com
mitt
ees
in b
oth
the
crim
inal
and
civ
il ju
stic
e sy
stem
D
) Pro
toco
l on
cons
ulta
tions
with
rem
and
deta
inee
s co
nclu
ded
with
Dep
artm
ent o
f Cor
rect
iona
l Ser
vice
sE)P
rotocolswiththeNationalProsecutingAuthorityrefined
F)DiscussionsheldwiththeSheriff’sBoardtolimitthecost
of s
ervi
ce o
f pro
cess
of p
oor c
lient
sG
) Leg
al A
id S
outh
Afri
ca in
vite
d pa
rtici
pate
d in
the
Rul
es
Boa
rd C
ollo
quiu
m o
n A
uctio
neer
s an
d R
eser
ve P
rices
for
Auc
tioni
ng o
f Im
mov
able
Pro
perti
es s
old
in e
xecu
tion
• R
educ
ing
the
num
ber o
f RD
s in
cu
stod
y, e
spec
ially
thos
e in
cus
tody
fo
r gre
ater
than
two
year
s•
Dev
elop
men
t of p
roto
cols
to im
prov
e th
e fu
nctio
ning
of t
he c
rimin
al ju
stic
e sy
stem
•C
apac
itatio
n of
bac
klog
cou
rts•
Impr
ovin
g w
orki
ng re
latio
nshi
ps
betw
een
stak
ehol
ders
to in
crea
se
efficienciesofthejusticesystem
• E
limin
atin
g th
e in
cide
nce
of c
hild
ren
bein
g ke
pt in
DC
S fa
cilit
ies
awai
ting
trial
• P
rovi
ding
ass
ista
nce
to li
tigan
ts
seek
ing
divo
rces
with
the
assi
stan
ce
of R
egio
nal C
ourt
Reg
istra
rs•
Mak
ing
qual
ifyin
g pr
actit
ione
rs
avai
labl
e to
act
as
Com
mis
sion
ers
of
the
Sm
all C
laim
s C
ourts
• Le
gal A
id S
outh
Afri
ca a
gree
d to
pla
y a
lead
role
in
ensuringthatallPEECsfocusonthefinalisationofmatters
of th
e to
p 20
RD
s pe
r pro
vinc
e•
Lega
l Aid
Sou
th A
frica
has
impl
emen
ted
all p
roto
cols
in a
s fa
r as
it af
fect
s ou
rsel
ves
• Le
gal A
id S
outh
Afri
ca h
as re
crui
ted
prac
titio
ners
to c
over
al
l bac
klog
cou
rts•
Lega
l Aid
Sou
th A
frica
ens
ures
par
ticip
atio
n of
sen
ior
managersatalllocalcaseflowmeetings
• E
nhan
ced
our t
rack
ing
and
mon
itorin
g of
chi
ldre
n aw
aitin
g tri
al•
Ass
ist p
erso
ns w
ith d
ivor
ces
who
qua
lify
and
have
cre
ated
a
divo
rce
self-
help
pac
kage
that
is a
vaila
ble
on o
ur
web
site
• 16
1 Le
gal A
id S
outh
Afri
ca P
ract
ition
ers
have
bee
n ap
poin
ted
as C
omm
issi
oner
s of
Sm
all C
laim
s C
ourts
82 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
ort o
n in
put r
ecei
ved
How
issu
es w
ere
resp
onde
d to
5.Master’sOffice
Stra
tegi
c O
bjec
tive
A)LinkagewithMaster’sOfficetoattendtoestatematterson
beha
lf of
chi
ldre
n
Rep
ort o
n Pe
rfor
man
ceA
) Mee
tings
with
Chi
ef M
aste
r im
plem
ente
d to
resp
ond
to
oper
atio
nal c
halle
nges
B)Inaccordancewithagreementw
ithMaster’sOffice,1458
new
chi
ldre
n es
tate
s m
atte
rs w
ere
take
n on
C)P
aymentstoapproximately1500beneficiarieswere
effe
cted
in th
e am
ount
of a
ppro
xim
atel
y R
43,5
mill
ion
• C
ompl
ianc
e w
ith A
dmin
istra
tion
of
Est
ates
Act
for E
stat
es e
xcee
ding
R
125
000
(Bef
ore
24/1
1/20
14) a
nd
R25
0 00
0 (A
fter 2
4/11
/201
4)•
Bul
k P
aym
ents
to G
uard
ians
Fun
d w
here
rele
vant
doc
umen
ts n
ot
rece
ived
/unt
race
able
for a
ll th
e beneficiaries
• S
OP
upda
ted
to p
rovi
de fo
r sub
mitt
ing
L &
D A
ccou
nts
in
Est
ates
exc
eedi
ng S
ectio
n 18
(3) l
imits
• Tr
ust A
ccou
nt T
rack
ing
Sch
edul
e up
date
d to
trac
k E
stat
es
Exc
eedi
ng S
ectio
n 18
(3) l
imits
•Specificfocusontrustaccountresultedinincreased
paym
entstobeneficiariesandpaym
entsofR
43million
madetochildrenbeneficiaries
B. G
over
nmen
t6.
Min
istry
of
Just
ice
and
Cor
rect
iona
l S
ervi
ces
(Exe
cutiv
e A
utho
rity)
and
D
epar
tmen
t of
Jus
tice
and
Con
titut
iona
l D
evel
opm
ent
Stra
tegi
c O
bjec
tive
A) E
nsur
e be
st g
over
nanc
e pr
actic
e, K
ing
III g
uide
lines
, and
co
mpl
ianc
e w
ith P
FMA
and
othe
r sta
tuto
ry re
quire
men
ts
Rep
ort o
n Pe
rfor
man
ce
A) R
epor
ting
and
acco
unta
bilit
y to
Exe
cutiv
e A
utho
rity
and
stat
utor
y co
mpl
ianc
e m
aint
aine
d at
100
%
B) T
he C
hairp
erso
n of
the
Boa
rd c
ontin
ued
to m
eet w
ith th
e M
inis
ter a
s an
d w
hen
requ
ired
• Th
e M
inis
try o
f Jus
tice
ackn
owle
dges
th
e ex
tent
of c
ompl
ianc
e by
Leg
al
Aid
Sou
th A
frica
as
wel
l as
its
perfo
rman
ce
• Le
gal A
id S
outh
Afri
ca c
ontin
ues
to b
e ac
coun
tabl
e to
its
Exe
cutiv
e A
utho
rity
in c
ompl
ianc
e w
ith re
leva
nt le
gisl
atio
n
7. N
atio
nal T
reas
ury
Stra
tegi
c O
bjec
tive
A) E
nsur
e be
st g
over
nanc
e pr
actic
e an
d co
mpl
ianc
e w
ith
PFM
A an
d ot
her s
tatu
tory
requ
irem
ents
Rep
ort o
n Pe
rfor
man
ce
A) L
egal
Aid
Sou
th A
frica
atte
nded
two
(2) M
TEC
Mee
tings
B) L
egal
Aid
Sou
th A
frica
was
par
t of f
our (
4) N
atio
nal
Trea
sury
foru
ms
C) L
egal
Aid
Sou
th A
frica
atte
nded
trai
ning
hos
ted
by
Nat
iona
l Tre
asur
y
• Le
gal A
id S
outh
Afri
ca s
een
as a
pr
ofes
sion
al e
ntity
. The
ir m
eetin
gs
andpresentationsonfinance
mat
ters
are
alw
ays
hand
led
in a
ver
y proficientm
anneratalltim
es•
TrainingconductedonNTfinancial
repo
rting
tem
plat
es a
nd n
ew
acco
untin
g st
anda
rds
• N
atio
nal T
reas
ury
info
rmed
Leg
al A
id
Sou
th A
frica
abo
ut th
e bu
dget
cut
s of
R
62 m
illio
n an
d R
93 m
illio
n in
the
2015–2016and2016–2017financial
year
• Fu
ll co
mpl
ianc
e on
PFM
A an
d ot
her s
tatu
tory
re
quire
men
ts•
Fina
ncia
l rep
ortin
g te
mpl
ates
wer
e up
date
d an
d su
bmitt
ed
to N
T tim
esou
ly. N
ew a
ccou
ntin
g st
anda
rds
wer
e ap
plie
d whenpreparingthequarterlyandannualfinancial
stat
emen
ts.
• Le
gal A
id S
outh
Afri
ca a
bsor
bed
the
budg
et c
uts
of R
62
millioninthe2015–2016financialyear.Servicedelivery
will
not
be
nega
tivel
y im
pact
ed b
y th
e bu
dget
cut
s
8. G
over
nmen
t D
epar
tmen
ts
(oth
er) (
Nat
iona
l, pr
ovin
cial
, loc
al)
Stra
tegi
c O
bjec
tive
A) T
o be
resp
onsi
ve a
nd h
ave
co-o
pera
tive
rela
tions
hips
with
go
vern
men
t dep
artm
ents
B)A
cquiremeaningfulinsightandinputtotheorganisation’s
stra
tegi
c di
rect
ion
C) L
inka
ge w
ith D
oH fo
r ass
ista
nce
of m
enta
l hea
lthca
re
patie
nts
Rep
ort o
n Pe
rfor
man
ce
A) A
lmos
t 350
pos
ter d
ispl
ays
and
arou
nd 6
00 o
utre
ach
even
ts c
onve
ned
at k
ey g
over
nmen
t ser
vice
poi
nts
in
partn
ersh
ips
with
gov
ernm
ent d
epar
tmen
ts. T
his
was
ex
ecut
ed b
y th
e C
omm
unic
atio
ns D
epar
tmen
tB
) Atte
ndan
ce o
f Ann
ual M
enta
l Hea
lthca
re s
emin
arC
) Par
ticip
tion
in a
ppro
xim
atel
y 3
000
mee
tings
with
var
ious
go
vern
men
t dep
artm
ents
D) R
efer
ral o
f men
tal h
ealth
care
clie
nts
for l
egal
adv
ice
and
repr
esen
tatio
n w
here
nee
ded
•DeptofC
orrectionalServices:
Impr
ovin
g co
nsul
tatio
n fa
cilit
ies
and
secu
rity
for L
egal
Aid
pra
ctiti
oner
s •
DeptofP
ublicW
orks:P
lanning
requ
irem
ents
for b
uild
ing
of h
igh
cour
ts a
t Lim
popo
and
Mpu
mal
anga
• D
ept o
f Hea
lth. L
egal
repr
esen
tatio
n fo
r men
tal h
ealth
pat
ient
s
• D
evel
oped
con
sulta
tion
prot
ocol
with
DC
S. A
lso
impr
oved
en
gage
men
t bet
wee
n lo
cal J
Cs
and
head
s of
cor
rect
iona
l fa
cilit
ies
• S
enio
r Leg
al A
id re
pres
enta
tives
wer
e de
ploy
ed to
atte
nd
mee
tings
as
arra
nged
by
Dep
artm
ent o
f Pub
lic W
orks
re
latin
g to
the
build
ing
of th
e ne
w h
igh
cour
ts•
AtendedandprovidedinputtotheDOH’smentalhealth
sum
mit.
Als
o co
mm
itted
to p
rovi
de re
pres
enta
tion
for a
ll ca
ses
refe
rred
to u
s
83LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
ort o
n in
put r
ecei
ved
How
issu
es w
ere
resp
onde
d to
9. J
udic
ial
Insp
ecto
rate
of
Cor
rect
iona
l S
ervi
ces
Stra
tegi
c O
bjec
tive
A) C
ontin
uous
link
ages
with
DC
S fo
r bet
ter a
cces
s to
de
tain
ees
B) P
artn
ersh
ip w
ith J
ICS
to in
crea
se a
cces
s to
lega
l aid
for
deta
inee
s an
d in
mat
es
C) J
oint
initi
ativ
es w
ith a
ll JC
PS
sta
keho
lder
s to
redu
ce
the
num
ber o
f rem
and
deta
inee
s in
cus
tody
for p
erio
ds
exce
edin
g tw
o ye
ars
Rep
ort o
n Pe
rfor
man
ceA
) On-
goin
g m
eetin
gs w
ith J
ICS
and
inte
ract
ions
with
in
depe
nden
t Cor
rect
iona
l Cen
tre V
isito
rs (I
CC
Vs)
at l
ocal
Ju
stic
e C
entre
leve
lB
) Atte
ndan
ce o
f vis
itatio
n co
mm
ittee
mee
tings
• P
artic
ipat
ion
by L
egal
Aid
at l
ocal
JI
CS
mee
ting
• Le
gal A
id S
outh
Afri
ca e
nsur
es th
at s
enio
r JC
man
ager
s at
tend
s th
e lo
cal J
ICS
mee
tings
as
arra
nged
so
that
all
inm
ate
conc
erns
rega
rdin
g th
e pr
ovis
ion
of le
gal a
id c
an
be a
ddre
ssed
10. S
AP
S a
nd
Dep
artm
ent
of S
ocia
l D
evel
opm
ent
Stra
tegi
c O
bjec
tive
A) E
ffect
ive
enga
gem
ent w
ith S
AP
S a
nd S
ocia
l Dev
elop
men
t to
ens
ure
lega
l rep
rese
ntat
ion
for c
hild
ren
in c
rimin
al
mat
ters
B) I
mpr
oved
link
ages
with
the
SA
PS
sys
tem
for r
efer
ral o
f m
atte
rs re
latin
g to
lega
l aid
Rep
ort o
n Pe
rfor
man
ce
A) L
egal
Aid
Sou
th A
frica
was
par
t of 4
16 C
ase
Flow
M
anag
emen
t Com
mitt
ees
to im
prov
e lin
kage
s w
ith th
e S
AP
S a
nd S
ocia
l Dev
elop
men
t sys
tem
sB)JusticeCentrepersonnelattendedover2000caseflow
com
mitt
ee m
eetin
gsC
) Leg
al A
id S
outh
Afri
ca p
artic
ipat
ed in
all
activ
ities
of t
he
Inte
rsec
tora
l Com
mitt
ee o
n C
hild
Jus
tice
D) R
egio
ns p
artic
ipat
ed in
all
Pro
vinc
ial C
hild
Jus
tice
Fora
E) D
iscu
ssio
ns h
eld
on th
e in
tegr
atio
n of
AI a
nd th
e C
AS
sy
stem
F) L
egal
Aid
Sou
th A
frica
par
tner
ship
ext
ends
to o
ther
are
as
incl
udin
g ou
treac
h pr
ogra
mm
es, s
ocia
l mob
ilisa
tion
and
right
s-ba
sed
awar
enes
s th
roug
h br
andi
ng a
t num
erou
s SAPSofficesnationally
G) I
nfor
mat
ion
rega
rdin
g ch
ildre
n aw
aitin
g tri
al is
co
mm
unic
ated
to o
ur lo
cal J
ustic
e C
entre
sH
) Sol
id re
latio
nshi
ps a
re b
uilt
to e
mpl
oy jo
intly
co-
ordi
nate
d ef
forts
in d
ealin
g w
ith c
hild
just
ice
mat
ters
• C
hild
ren
held
in h
oldi
ng c
ells
at
polic
e st
atio
ns•
ProbationOfficerreportsaswellas
asse
ssm
ents
don
e
on c
hild
ren
• Le
gal A
id v
isits
all
hold
ing
cells
whe
re c
hild
ren
are
held
to
ens
ure
lega
l rep
rese
ntat
ion
is p
rovi
ded;
Leg
al A
id
Sou
th A
frica
als
o tra
cks
all c
hild
ren
held
in c
usto
dy in
co
rrec
tiona
l fac
ilitie
s•
The
prov
isio
n of
repo
rts w
ithin
tim
efra
mes
so
that
ther
e ar
e no
unr
easo
nabl
e de
lays
in m
atte
rs in
volv
ing
child
ren
11. P
arlia
men
tary
P
ortfo
lio
Com
mitt
ee o
n Ju
stic
e an
d C
onst
itutio
nal
Dev
elop
men
t
A) R
epor
ting
and
acco
unta
bilit
y to
Exe
cutiv
e A
utho
rity
and
stat
utor
y co
mpl
ianc
e m
aint
aine
d an
d im
prov
ed
B)P
arliamentaryPortfolioCom
mitteeBriefingswereheldin
Q2
of 2
014–
2015
on
3 Ju
ly 2
014
(Leg
al A
id S
outh
Afri
ca
Stra
tegi
c P
lan
2012
–201
7 R
evie
w 2
014–
2015
; Ann
ual
Per
form
ance
Pla
n 20
14–2
015;
Bud
get 2
014–
2015
) as
wel
l as
in Q
uarte
r 3 fo
r the
Ann
ual R
epor
t 201
3–20
14 o
n 17
Oct
ober
201
4
• Th
e P
ortfo
lio C
omm
ittee
com
men
ded
the
orga
nisa
tion
on it
s ex
celle
nt
perfo
rman
ce
• Th
e P
ortfo
lio C
omm
ittee
requ
este
d an
impr
oved
focu
s on
civ
il m
atte
rs
espe
cial
ly fo
r vul
nera
ble
grou
ps
• Th
e ci
vil c
apac
ity o
f Leg
al A
id S
outh
Afri
ca is
ann
ually
re
view
ed b
ased
on
budg
etar
y ca
paci
ty
84 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Gro
upSt
akeh
olde
rEn
gage
men
tR
epor
t on
inpu
t rec
eive
dH
ow is
sues
wer
e re
spon
ded
to
C. S
ervi
ce
Prov
ider
s12
. Co-
oper
atio
n pa
rtner
sSt
rate
gic
Obj
ectiv
eA
) Boo
st c
apac
ity a
nd re
sour
ces
to d
eliv
er q
ualit
y le
gal
serv
ices
/ens
ure
incr
ease
d ac
cess
to ju
stic
e
Rep
ort o
n Pe
rfor
man
ceA)Increasedaccesstojusticeincivilmatters,w
ithspecific
legalfocusorspecificgeographicalareas
B) T
here
are
cur
rent
ly n
ine
agre
emen
ts w
ith c
o-op
erat
ion
partn
ers
C) A
tota
l of 4
,777
new
mat
ters
wer
e ta
ken
on b
y th
e co
-op
erat
ion
partn
ers
• A
dditi
onal
Fun
ding
requ
ired
to e
xten
d se
rvic
es m
ade
avai
labl
e by
law
cl
inic
s an
d to
incr
ease
the
num
bers
of
co-
oper
atio
n pa
rtner
s
• A
call
for p
ropo
sals
for t
he fu
ndin
g of
co-
oper
atio
n pa
rtner
s w
as a
dver
tised
and
pro
posa
ls h
ave
been
rece
ived
from
po
tent
ial s
ervi
ce p
rovi
ders
incl
udin
g La
w C
linic
s•
Add
ition
al F
unds
wer
e ea
rmar
ked
for c
o-op
erat
ion
agre
emen
ts fr
om th
e 20
15–2
016
FY
13. J
udic
are
prac
titio
ners
an
d A
genc
y A
gree
men
ts
Stra
tegi
c O
bjec
tive
A) B
oost
cap
acity
and
reso
urce
s to
del
iver
qua
lity
lega
l se
rvic
es/e
nsur
e in
crea
sed
acce
ss to
just
ice
B) I
ncre
ase
acce
ss to
just
ice
in ru
ral b
ased
cou
rts th
at a
re
unec
onom
ical
to s
ervi
ce fr
om a
JC
Rep
ort o
n Pe
rfor
man
ce
A) I
mpl
emen
ted
a w
ebpa
ge fo
r the
app
oint
men
t of c
ouns
el in
ci
vil m
atte
rs o
n
a ju
dica
re in
stru
ctio
n w
here
the
JC re
mai
ns a
s th
e in
stru
ctin
g at
torn
eys.
B
) Bi-a
nnua
l new
slet
ter p
ublis
hed
for j
udic
are
prac
titio
ners
C)A
llJC
sheldjudicarepractitionerbriefingsatJustice
Cen
treD)T
herearecurentlyfiveagencyagreem
entsconcluded
wilt
h pr
actit
ione
rs to
ser
vice
rem
ote
cour
ts
• R
equi
rem
ents
for J
udic
are
accr
edita
tion;
•Qualitymonitoringofcasefilesas
wel
l as
at c
ourts
;•
Pay
men
t of a
ccou
nts
•Taxclearancecertificate
requ
irem
ents
.
•Accreditionprocesssimplifiedandcom
municatedinour
Judicarenew
slettersaswellasourbriefingsessions
• D
etai
ls o
f our
qua
lity
mon
itorin
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ogra
mm
e sh
ared
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practitionersintheircom
pulsorybriefingsessionwith
JC m
anag
emen
t•
Judi
care
new
slet
ters
con
tain
s ar
ticle
s on
pro
cess
ing
of
acco
unts
; Ind
ivid
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aym
ent i
ssue
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solv
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vel
• Th
e re
quire
men
ts fo
r sub
mis
sion
of T
ax C
lear
ance
Certificateswerere-emphasizedinJudicarebriefing
sess
ions
as
wel
l as
the
Judi
care
New
slet
ter
14. O
ther
Sup
plie
rsSt
rate
gic
Obj
ectiv
eA
) Im
prov
ed re
latio
ns a
nd s
uppl
ier c
o-op
erat
ion
B)P
romotebetterunderstandingofLegalAidSouthAfrica’s
proc
urem
ent p
olic
ies
and
proc
edur
es
Rep
ort o
n Pe
rfor
man
ce
A) R
egul
ar u
pdat
es w
ith re
gard
s to
SC
M m
atte
rs a
nd
guid
elin
es s
ent o
ut to
sup
plie
rs th
roug
h ne
wsl
ette
rs, S
MS
an
d em
ails
B)Tenderbriefingsandpublishingoftenderresultsthrough
web
site
C) S
uppl
iers
kep
t inf
orm
ed/c
ompl
y w
ith s
uppl
y ch
ain
man
agem
ent p
roce
sses
• S
uppl
iers
requ
este
d Le
gal A
id
Sou
th A
frica
to c
larif
y su
pply
cha
in
man
agem
ent r
equi
rem
ents
for
tend
ers
• S
uppl
iers
requ
este
d to
be
info
rmed
tim
eous
ly a
bout
Leg
al A
id S
outh
A
frica
Dec
embe
r clo
sure
and
cut
off
date
s fo
r sub
mis
sion
of a
ccou
nts
for
paym
ent p
urpo
ses
•Heldtenderbrefingmeetingstoclarifysupplychain
man
agem
ent r
equi
rem
ents
• S
uppl
iers
info
rmed
abo
ut c
ut-o
ff da
tes
for s
ubm
isis
on o
f ac
coun
ts to
be
proc
esse
d be
fore
the
Dec
embe
r clo
sure
•
Afewfinancestaffm
embersclosedaweeklaterto
proc
ess
any
outs
tand
ing
acco
unts
bef
ore
Dec
embe
r cl
osur
e
SUSTAINABILITY REPORT
85LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
ort o
n in
put r
ecei
ved
How
issu
es w
ere
resp
onde
d to
D. I
nter
nal P
ublic
15. B
oard
Mem
bers
Stra
tegi
c O
bjec
tive
A) S
kille
d an
d pr
oper
ly c
onst
itute
d B
oard
and
Boa
rd
Com
mitt
ees
that
func
tion
effe
ctiv
ely
to le
ad th
e or
gani
satio
nB
) Ens
ure
ongo
ing
dial
ogue
bet
wee
n Le
gal A
id S
outh
Afri
ca
man
agem
ent a
nd B
oard
Rep
ort o
n Pe
rfor
man
ceA
) Boa
rd s
ucce
ssio
n pl
an im
plem
ente
d. D
urin
g th
e 20
14–2
015
FY th
e B
oard
of L
egal
Aid
Sou
th A
frica
was
no
t ful
ly c
onst
itute
d as
per
the
Lega
l Aid
Act
, 196
9 (A
ct 2
2 of
196
9). T
he B
oard
had
16
mem
bers
as
oppo
sed
to th
e required18.Thereweretwovacanciesthatwerenotfilled.
Two
posi
tions
wer
e re
tain
ed in
vie
w o
f the
impa
ct o
f the
ne
w L
egal
Aid
Sou
th A
frica
Act
39
of 2
014
B) M
anag
emen
t par
ticip
ates
in B
oard
and
Com
mitt
ee
mee
tings
to a
ssis
t the
Boa
rdC
) Fou
r Boa
rd M
eetin
gs a
nd 1
6 B
oard
Com
mitt
ees
held
duringthefinancialyear
D) T
he S
elf-A
sses
smen
t of t
he B
oard
and
its
Com
mitt
ees
for t
he y
ear u
nder
revi
ew in
dica
tes
that
the
Boa
rd is
fu
nctio
ning
wel
l and
con
tinue
s to
pro
vide
stra
tegi
c di
rect
ion
to th
e or
gani
satio
n
• Tr
ansi
tiona
l Arr
ange
men
ts
rela
ting
to tr
ansi
tion
to n
ew L
egal
A
id S
outh
Afri
ca A
ct, 2
014
to
be im
plem
ente
d an
d tra
cked
to
ensu
re th
e co
ntin
uatio
n of
effe
ctiv
e go
vern
enan
ce a
rran
gem
ents
• A
Pro
ject
Pla
n w
ith ti
me-
fram
es h
as b
een
appr
oved
by
th
e B
oard
and
is b
eing
impl
emen
ted
and
track
ed to
ens
ure
a sm
ooth
tran
sitio
n to
the
appo
intm
ent o
f a n
ew B
oard
in
2016
16. E
mpl
oyee
sSt
rate
gic
Obj
ectiv
eA
) On-
goin
g di
alog
ue b
etw
een
Lega
l Aid
Sou
th A
frica
em
ploy
ees
and
man
agem
ent a
t all
leve
ls
Rep
ort o
n Pe
rfor
man
ceA
) Iss
ued
14 e
mpl
oyee
new
slet
ters
B
) Mon
thly
Sta
ff m
eetin
gs in
clud
ing
quar
terly
foru
ms
C) E
mpl
oyer
Bra
nd A
ctiv
ities
impl
emen
ted
D) E
mpl
oyee
Wel
lnes
s an
d P
eopl
e D
evel
opm
ent
prog
ram
mes
impl
emen
ted
durin
g th
e ye
arE
) Int
erna
l Eve
nts
impl
emen
ted
for e
mpl
oyee
s in
clud
es
annu
al a
nd m
id-y
ear a
chie
vers
aw
ards
cer
emon
ies
• A
cces
sibi
lity
of o
nlin
e co
mm
unic
atio
n in
itiat
ives
•To
o m
uch
info
rmat
ion
sent
out
•C
Fund
ing
of e
mpl
oyee
CS
I ini
tiativ
es
• Im
prov
ed o
nlin
e In
tern
al C
omm
unic
atio
n in
itiat
ives
to
impr
ove
acce
ssib
ility
• R
elev
ant a
nd u
p-to
-dat
e in
form
atio
n se
nt o
ut re
gula
rly.
Mor
e in
form
atio
n pl
aced
on
Inte
rnet
and
Blo
gs fo
r ret
rieva
l at
a la
ter s
tage
• E
mpl
oyee
CS
I ini
tiativ
es in
corp
orat
ed in
to th
e or
gani
satio
nal c
ultu
re a
nnua
l pla
n
E. E
xter
nal P
ublic
17. C
lient
s an
d P
oten
tial
Clie
nts/
publ
ic
(LS
M 1
–5)
Stra
tegi
c O
bjec
tive
A) I
ncre
ased
, aw
aren
ess
and
usag
e of
Leg
al A
id S
outh
Afri
ca
serv
ices
Rep
ort o
n Pe
rfor
man
ceA
) Rad
io, T
V a
nd p
rint c
all-t
o-ac
tion
mar
ketin
g ca
mpa
igns
B) B
rand
ed m
arke
ting
and
prom
otio
nal m
ater
ial p
rom
otin
g Le
gal A
id S
outh
Afri
ca s
ervi
ces,
with
em
pasi
s on
Leg
al A
id
Adv
ice
Line
• H
ow c
an L
egal
Aid
Sou
th A
frica
ex
pand
its
serv
ices
bey
ond
crim
inal
an
d ci
vil l
egal
aid
ass
ista
nce
at
com
mun
ity le
vel?
•Mobilelegalaidofficeslinkedto
advi
ce a
nd c
omm
unity
cen
tres
• P
oten
tial c
lient
s in
rura
l are
as
– aw
aren
ess
prog
ram
mes
and
ac
cess
ibili
ty o
f ser
vice
s•
Exp
lore
usa
ge o
f SM
S s
yste
m to
up
date
clie
nts
on p
rogr
ess
of th
eir
mat
ters
(Clie
nt re
ferr
als
– la
ck o
f cl
ient
feed
back
)
• Ju
stic
e C
entre
s op
erat
es a
s in
form
atio
n hu
bs to
ass
ist
com
mun
ity m
embe
rs o
n so
cio
econ
omic
issu
es•
Reg
ular
vis
itatio
ns b
y lo
cal J
ustic
e C
entre
s at
adv
ice
and
com
mun
ity c
entre
s; a
nd im
plem
enta
tion
of o
utre
ach
prog
ram
mes
at l
ocal
stru
ctur
es•
New
bra
nd p
ositi
onin
g an
d m
arke
ting
initi
ativ
es a
imed
at
incr
ease
d us
age
of L
egal
Aid
Sou
th A
frica
ser
vice
s ex
plor
ed –
TV
, rad
io a
nd p
rint a
dver
tisin
g ca
mpa
igns
targ
etin
g at
po
tent
ial c
lient
s•
SM
S fa
cilit
y sy
stem
exp
lore
d to
giv
e re
gula
r clie
nt
feed
back
on
thei
r cas
es
86 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
ort o
n in
put r
ecei
ved
How
issu
es w
ere
resp
onde
d to
18. C
omm
unity
-ba
sed
orga
nisa
tions
(C
BO
s, F
BO
s)
Stra
tegi
c O
bjec
tive
A) I
mpr
oved
link
ages
to in
crea
se a
war
enes
s of
lega
l aid
se
rvic
es a
s w
ell a
s re
ferr
al o
f clie
nts
to L
egal
Aid
Sou
th
Afri
ca
Rep
ort o
n Pe
rfor
man
ceA
) Alm
ost 1
00 e
vent
s he
ld in
par
tner
ship
with
NG
Os,
and
ot
her l
obby
gro
ups
B) S
take
hold
ers
invi
ted
to n
atio
nal a
nd p
rovi
ncia
l sta
keho
lder
fo
rum
s
• Fu
ndin
g of
par
tner
ship
pro
gram
mes
at
com
mun
ity le
vel
• E
xplo
re u
sage
of S
MS
sys
tem
to
upda
te c
lient
s on
pro
gres
s of
thei
r ci
vil m
atte
rs (C
lient
refe
rral
s –
lack
of
clie
nt fe
edba
ck)
• N
o fu
ndin
g av
aila
ble,
CS
I pro
gram
mes
as
part
of a
dopt
a
scho
ol/c
omm
unity
pro
gram
mes
impl
emen
ted
to
crea
te a
war
enes
s an
d ed
ucat
e co
mm
uniti
es o
n th
eir
Con
stitu
tiona
l rig
hts
and
resp
onsi
bilit
ies
• Im
prov
ed re
ferr
al s
yste
ms
resu
lting
in g
row
th o
f cal
l cen
tre
and
wal
k-in
clie
nts
– S
MS
faci
lity
syst
em e
xplo
red
to g
ive
regu
lar c
lient
feed
back
on
thei
r cas
es
F. A
dvoc
acy
Gro
ups
19. C
omm
issi
ons
and
Cha
pter
9
inst
itutio
ns
Stra
tegi
c O
bjec
tive
A) T
o ne
twor
k w
ith C
omm
issi
ons
in s
afeg
uard
ing
the
right
s of
vu
lner
able
per
sons
B) E
nsur
e ef
fect
ive
refe
rral
sys
tem
s to
Leg
al A
id S
outh
A
frica
, of c
lient
s w
ith le
gal r
epre
sent
atio
n ne
eds
C) C
o-br
andi
ng in
itiat
ives
/ hum
an ri
ghts
aw
aren
ess
cam
paig
ns
Rep
ort o
n Pe
rfor
man
ceA
) Leg
al A
id S
outh
Afri
ca m
aint
aine
d pa
rtner
ship
s w
ith
Com
mis
sion
s an
d ot
her C
hapt
er 9
inst
itutio
ns b
y at
tend
ing
and
parti
cipa
ting
in s
emin
ars
of v
ario
us to
pica
l iss
ues
such
as
mic
ro le
ndin
g, im
pact
of c
ultu
ral p
ract
ises
on
right
s an
d th
e tra
nsfo
rmat
ion
of c
ourts
B) P
ublic
info
rmat
ion
shar
ing
with
rele
vant
inst
itutio
ns
thro
ugh
co-p
artn
ersh
ips
on a
cces
s to
just
ice
and
awar
enes
s on
Con
stitu
tiona
l rig
hts
• R
equi
re k
now
ledg
e sh
arin
g re
latin
g to
the
use
of te
chno
logy
in m
akin
g se
rvic
es a
vaila
ble
to c
lient
s
• P
rovi
ded
info
rmat
ion
and
held
dem
onst
ratio
ns re
latin
g to
the
Adv
ice
Line
tech
nolo
gy, i
nclu
ding
The
tha
Nat
hi
softw
are,
for t
he S
AH
RC
Com
mis
sion
20. N
on-
Gov
ernm
enta
l O
rgan
isat
ions
an
d Lo
bby
Gro
ups
Stra
tegi
c O
bjec
tives
A) T
o st
reng
then
par
tner
ship
s B
) To
ensu
re e
ffect
ive
refe
rral
sys
tem
s to
Leg
al A
id S
outh
A
frica
, of c
lient
s w
ith le
gal r
epre
sent
atio
n ne
eds
Rep
ort o
n Pe
rfor
man
ceA
) Co-
bran
ding
initi
ativ
es/h
uman
righ
ts a
war
enes
s ca
mpa
igns
B
) Leg
al A
id S
outh
Afri
ca p
artic
ipat
ed in
68
mee
tings
with
N
GO
s on
civ
il le
gal a
id (L
and
mat
ters
) C
) Leg
al A
id S
outh
Afri
ca w
as p
art o
f app
roxi
mat
ely
700
mee
tings
with
NG
Os
on le
gal a
id ta
rget
ing
vuln
erab
le
grou
psD
) MO
U e
nter
ed w
ith S
AN
AC
to p
rovi
de a
dvic
e an
d le
gal
serv
ices
to p
erso
ns fa
cing
dis
crim
inat
ion
as a
resu
lt of
th
eir H
IV/A
IDS
sta
tus
• S
AN
AC
was
con
cern
ed th
at le
gal
serv
ices
wer
e no
t rea
chin
g pe
rson
s af
fect
ed/in
fect
ed b
y H
IV/A
IDS
.•
Hos
pice
for P
alla
tive
Car
e A
ssoc
iatio
n of
Sou
th A
frica
wer
e co
ncer
ned
abou
t acc
ess
to le
gal
serv
ices
the
term
inal
ly il
l or i
mm
obile
pa
tient
s
• Th
e co
ord
inat
ion
of le
gal s
ervi
ces
to p
erso
ns w
ith H
IV/
AID
S w
as in
clud
ed in
a M
OU
with
SA
NA
C a
nd it
s pa
rtner
s •
An
MO
U w
as c
oncl
uded
to c
o-or
dina
te th
e pr
ovis
ion
of
lega
l adv
ice
and
assi
stan
ce to
term
inal
ly il
l/im
mob
ile
pers
ons
via
the
advi
ce li
ne
87LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
ort o
n in
put r
ecei
ved
How
issu
es w
ere
resp
onde
d to
G. I
nter
natio
nal
Lega
l Bod
ies
21. A
frica
n/In
tern
atio
nal
Lega
l Aid
B
odie
s
Stra
tegi
c O
bjec
tives
A) F
oste
r rel
atio
nshi
ps th
at w
ill re
sult
in p
artn
ersh
ips
to
stre
ngth
en le
gal a
id in
tern
atio
nally
Rep
ort o
n Pe
rfor
man
ceA
) The
CLE
atte
nded
the
Wor
ld H
uman
Rig
hts
Foru
m in
M
oroc
co a
nd p
rese
nted
a p
aper
on
the
Joha
nnes
burg
D
ecla
ratio
n re
latin
g to
the
impl
emen
tatio
n of
the
UN
P
rinci
ples
and
Gui
delin
esB
) Sev
en D
eleg
atio
ns fr
om E
thio
pia,
Sri
Lank
a, M
yanm
ar,
Nigeria,K
enya,TanzaniaandUgandawerehostedinthis
financialyear
• Le
gal A
id b
odie
s se
ek to
und
erst
and
the
Dev
elop
men
t and
man
agem
ent
of a
sus
tain
able
lega
l aid
sys
tem
with
particularreferenceto:
a) L
egis
latio
n an
d P
olic
yb)
Gov
erna
nce
Stru
ctur
esc)
Del
iver
y S
yste
ms
incl
udin
g qu
ality
m
anag
emen
td)
Sup
port
syst
ems/
stru
ctur
es
• C
ase
Stu
dy o
f Leg
al A
id S
outh
Afri
ca m
odel
to b
e do
cum
ente
d in
con
junc
tion
with
the
UN
DP
• K
now
ledg
e/in
form
atio
n sh
arin
g w
ith o
ther
Leg
al A
id
Bodiesisbasedonthespecificrequirementsofeach
visi
ting
dele
gatio
n
H. E
duca
tiona
l In
stitu
tions
22. T
ertia
ry
Inst
itutio
ns a
nd
Sch
ools
Stra
tegi
c O
bjec
tive
A) P
ositi
on L
egal
Aid
Sou
th A
frica
as
empl
oyer
of c
hoic
e to
po
tent
ial C
As
B) E
duca
te le
arne
rs a
bout
thei
r rig
hts
and
resp
onsi
bilit
ies
at
scho
ols/
bran
d aw
aren
ess
C)E
nsurethatstudentsunderstandtheorganisation’s
Em
ploy
men
t Val
ue P
ropo
sitio
n
Rep
ort o
n Pe
rfor
man
ce A
) Leg
al A
id S
outh
Afri
ca c
onve
ned
annu
al o
pen
days
at 2
0 un
iver
sitie
s to
cre
ate
bran
d aw
aren
ess,
giv
ing
lear
ners
anopportunitytoenquireabouttheorganisation’s
employmentopportunitiesandbenefits.Im
provedvisibility
of L
egal
Aid
Sou
th A
frica
at
uni
vers
ities
and
sch
ools
hel
ps in
ena
blin
g st
uden
ts to
pl
an th
eir o
wn
care
er p
aths
B) L
egal
Aid
Sou
th A
frica
rate
d as
the
pref
ered
em
ploy
er o
f ch
oice
by
univ
ersi
ty s
tude
nt in
the
2014
Uni
vers
um S
urve
y
• S
tude
nts
gene
rally
see
k cl
arity
on
the
proc
esse
s th
ey s
houl
d fo
llow
to
secu
re p
lace
men
t to
serv
e ar
ticle
s at
Le
gal A
id S
outh
Afri
ca. S
tude
nts
also
en
quire
abo
ut d
etai
ls o
f the
trai
ning
pr
ovid
ed a
s w
ell a
s Le
gal A
id S
outh
Africa’sremunerationandbenefits
• Le
gal A
id S
outh
Afri
ca p
rovi
ded
info
rmat
ion
on it
s pl
acem
ent p
roce
sses
, tra
inin
g pr
ogra
mm
e, re
mun
erat
ion
andbenefits.LegalAidAidSAalsoassistedstudentsto
regi
ster
thei
r app
licat
ions
for a
rticl
es o
n-lin
e du
ring
the
open
day
s
I. M
edia
23. N
atio
nal P
rint,
Bro
adca
st,
Onl
ine,
C
omm
unity
and
R
egio
nal M
edia
Stra
tegi
c O
bjec
tive
A) I
mpr
oved
sha
re o
f voi
ce fo
r Leg
al A
id S
outh
Afri
ca in
the
med
iaB
) Pos
ition
thou
ght l
eade
rshi
p w
ithin
Leg
al A
id S
outh
Afri
ca
Rep
ort o
n Pe
rfor
man
ceA
) Inc
reas
ed a
war
enes
s of
Leg
al A
id S
outh
Afri
ca s
ervi
ces
B) A
lmos
t 100
pre
ss re
leas
es is
sued
C
) App
roxi
mat
ely
180
inte
rvie
ws
arra
nged
(in
both
prin
t and
br
oadc
ast m
edia
) D
) Alm
ost 3
00 m
edia
net
wor
king
ses
sion
s ar
rang
ed w
ith k
ey
jour
nalis
ts
E) O
ver 1
00 m
edia
que
ries
reci
eved
and
resp
onde
d to
tim
eous
ly
• Av
aila
bilit
y of
Leg
al A
id S
outh
Afri
ca
repr
esen
tativ
es a
t cou
rt to
con
duct
in
terv
iew
s•
Lega
l com
men
tary
– a
vaila
bilit
y of
Le
gal A
id S
outh
Afri
ca re
pres
enta
tive
•R
egul
ar p
ress
con
fere
nces
• R
eque
st o
n co
ntin
ous
adve
rtisi
ng
supp
ort a
nd p
artn
ersh
ip w
ith
com
mun
ity m
edia
• Tu
rn a
roun
d tim
e in
resp
ondi
ng o
n qu
erie
s
• N
atio
nal a
nd re
gion
al c
omm
unic
atio
ns re
pres
enta
tives
at
tend
ing
cour
t app
eara
nces
to c
o-or
dina
te in
terv
iew
s•
Keyseniorlaw
yersidentifiedtohandlelegalcom
mentary
requ
ests
– L
egal
Aid
Sou
th A
frica
thou
ght l
eade
rshi
p an
d ex
perti
se re
cogn
ised
• Im
prov
ed m
edia
repo
rting
, jou
rnal
ist w
illin
g to
atte
nd L
egal
A
id S
outh
Afri
ca e
vent
s (r
elev
ant a
nd in
form
ativ
e)•
Med
ia a
nnua
l pla
n on
net
wor
king
and
eng
agin
g co
mm
unity
and
regi
onal
med
ia –
Adv
ertis
ing
linke
d to
humanrightseventsandpublicationsidentifiedaccording
to th
eir r
each
• M
edia
pro
toco
l in
plac
e an
d ap
plie
d w
hen
resp
ondi
ng to
m
edia
que
ries
88 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUSTAINABILITY REPORTG
roup
Stak
ehol
der
Enga
gem
ent
Rep
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xter
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ehol
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24. R
epre
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ativ
es
from
the
Just
ice
Clu
ster
, G
over
nmen
t D
epar
tmen
ts,
Cha
pter
9
Inst
itutio
ns,
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Os,
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S
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tegi
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bjec
tive
A) C
onsu
lt w
ith e
xter
nal s
take
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ers
to o
btai
n in
put o
n Le
gal
Aid
Sou
th A
frica
Stra
tegi
c
Pla
n 20
15–2
020
Dra
ft 2
and
othe
r rel
ated
issu
es
Rep
ort o
n Pe
rfor
man
ceA
) Nin
e pr
ovin
cial
sta
keho
lder
s w
orks
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the
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ince
sB
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keho
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orks
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at t
he L
egal
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ffice
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onsu
ltatio
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eetin
g he
ld w
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pres
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he S
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aras
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tiary
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itutio
ns U
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n w
ithin
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orga
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• S
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ortiv
e of
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ft S
trate
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ents
and
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gges
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ges
rece
ived
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e ne
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to b
e an
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ease
d fo
cus
on s
ervi
ces
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ral a
reas
and
re
duc
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dist
ance
s th
at c
lient
s ha
ve
to tr
avel
to a
cces
s se
rvic
es•
Cap
acity
of L
egal
Aid
Sou
th
Afri
ca s
houl
d be
incr
ease
d. L
ack
of c
apac
ity c
ontri
bute
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e ba
cklo
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g re
lief c
apac
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affe
cts
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tioni
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f the
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rts•
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ease
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il ca
paci
ty; c
ivil
cove
rage
no
t mee
ting
the
dem
and
• S
enio
r man
agem
ent o
f Leg
al A
id
Sou
th A
frica
alw
ays
avai
labl
e to
at
tend
and
par
ticip
ate
in m
eetin
gs
with
sta
keho
lder
s. C
omm
unic
atio
n w
ith s
take
hold
ers
is p
ositi
ve a
nd
trans
pare
nt. T
here
is c
olla
bora
tion
with
var
ious
sta
keho
lder
s on
co
mm
unity
out
reac
h pr
ojec
ts
• S
take
hold
ers
sugg
este
d ch
ange
s to
the
Stra
tegi
c P
lan
2015
–202
0 D
raft
2 w
ere
reco
rded
and
con
side
red
in th
e re
visi
on o
f the
Stra
tegi
c P
lan
2015
–202
0, D
raft
3 w
hich
w
as s
ubm
itted
to th
e B
oard
. Som
e of
the
sugg
este
d changeswereincorporatedintothefinalLegalAidSouth
Afri
ca S
trate
gic
Pla
n 20
15–2
020
• O
ur fo
otpr
int c
anno
t be
expa
nded
as
our m
otiv
atio
n to
sec
ure
addi
tiona
l fun
ding
thro
ugh
the
MTE
F w
as
unsuccessful.Linkageswithadviceofficeshasensured
that
clie
nts
are
able
to li
nk to
lega
l aid
ser
vice
s at
var
ious
co
ntac
t poi
nts
othe
r tha
n ou
r 128
JC
s an
d S
Os.
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s in
crea
ses
our c
lient
s ph
ysic
al a
cces
s to
our
ser
vice
s.
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nts
in ru
ral a
reas
are
abl
e to
acc
ess
tele
phon
ic le
gal
advi
ce s
ervi
ces
ther
eby
ensu
ring
acce
ss to
just
ice
that
po
sitiv
ely
impa
cts
on th
eir a
bilit
y to
acc
ess
thei
r rig
hts
and
serv
ices
ass
ocia
ted
with
suc
h rig
hts
• Le
gal A
id S
outh
Afri
ca h
as in
trodu
ced
limite
d re
lief
capa
city
as
indi
cate
d ab
ove
• Le
gal A
id S
outh
Afri
ca is
una
ble
to in
crea
se c
ivil
capa
city
du
e to
bud
get c
onst
rain
ts•
Lega
l Aid
Sou
th A
frica
par
ticip
ates
in a
ll re
leva
nt s
truct
ures
to
enh
ance
acc
ess
to ju
stic
e an
d th
e ef
fect
ive
func
tioni
ng
of th
e ju
stic
e sy
stem
K. I
nter
nal
Stak
ehol
ders
25. L
egal
Aid
S
outh
Afri
ca
Em
ploy
ees
Stra
tegi
c O
bjec
tive
A) C
onsu
lt w
ith e
xter
nal s
take
hold
ers
to o
btai
n in
put o
n Le
gal
Aid
Sou
th A
frica
Stra
tegi
c P
lan
2015
–202
0 D
raft
2 an
d ot
her r
elat
ed is
sues
Rep
ort o
n Pe
rfor
man
ceA)JCandnationalofficedepartmentsworkshops
B) M
anag
emen
t com
mitt
ee w
orks
hops
C)R
egionalm
anagem
entandnationalofficemanagers
wor
ksho
ps
• S
ugge
sted
cha
nges
to th
e D
raft
Stra
tegi
c P
lan
2015
–202
0 re
ceiv
ed•
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rder
to c
arry
out
our
man
date
w
e w
ould
nee
d to
look
at r
elie
f sta
ff co
mpo
nent
to a
void
cou
rt bl
ocka
ges
• In
crea
sing
bra
nd a
war
enes
s particularlyinruralareas;S
implified
and
incr
ease
d ad
verti
sing
of t
he
serv
ices
of t
he o
rgan
isat
ion
with
a
focu
s on
rura
l are
as; W
ork
mor
e w
ith
Com
mun
ity R
adio
Sta
tions
• In
crea
se s
cope
and
met
hods
of
Flex
ible
Wor
king
Arr
ange
men
ts•
Em
ploy
ees
expr
esse
d th
eir g
ratit
ude
to th
e le
ader
ship
and
Boa
rd fo
r pr
ovid
ing
dire
ctio
n to
ena
ble
high
pe
rform
ance
in th
e or
gani
satio
n
• S
ugge
sted
cha
nges
to th
e S
trate
gic
Pla
n 20
15–2
020
Dra
ft 2
wer
e re
cord
ed a
nd c
onsi
dere
d in
the
revi
sion
of t
he
Stra
tegi
c P
lan
2015
–202
0, D
raft
3 su
bmitt
ed to
the
Boa
rd.
Som
e of
the
sugg
este
d ch
ange
s w
ere
inco
rpor
ated
into
thefinalLegalAidSouthAfricaStrategicPlan2015–2020
• Le
gal A
id S
outh
Afri
ca h
as in
trodu
ced
limite
d re
lief
capa
city
as
indi
cate
d ab
ove
• Th
e an
nual
Om
nibu
s su
rvey
resu
lts s
how
that
the
orga
nisa
tion
need
s to
focu
s m
ore
on c
omm
uity
radi
o an
d co
mm
unity
new
spap
er a
dver
tisin
g•
The
Flex
ible
Wor
k A
rran
gem
ents
Pol
icy
is re
view
ed
annu
ally
and
app
rove
d by
the
Boa
rd. T
he re
view
pro
cess
al
low
s fo
r inp
uts
by s
taff
89LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTE:HUMAN RESOURCES
MANAGEMENT
90 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Introduction
1.1. OVERVIEW OF HR MATTERS AT THE PUBLIC ENTITY
In the 2014–2015 financial year, human resourcesmanagement had noteworthy performance in all areas of its performance which was characterised by high recruitment levels, low turnover, the exceeding of training and development targets and ongoing talent management activities.
The main focus for the year was concretising the business partnering initiative by not only bringing and sharing extensive knowledge as business partners but also working with our partners to use human resources programmes to realise and support business strategy.
Having completed the modernisation of high volume transactional processes, the focus shifted to providing greater depth in talent management at the regional level. This ensured that high value strategic talent management activities and business partnering activities were implemented.
1.2. SET HR PRIORITIES FOR THE YEAR UNDER REVIEW AND THE IMPACT OF THESE PRIORITIES
The key priorities set for the Human Resources, over and above maintaining the standard talent management programmes, included aligning the Employee Value Proposition (EVP) to leading practices, evaluating the impact of the Leadership Development Programme and the finalisationof there-organisationof thehumanresourcesfootprint towards improved electronic processes and data management.
1.2.1. Sustaining the Employment Value Proposition (EVP)
The Legal Aid South Africa EVP articulates both the financial and non-financial value in the Legal Aid SouthAfrica employment offering. The EVP establishes the expectation by the employer from the employee in terms of commitment to the Constitution, high performance, the organisational culture, the Legal Aid South Africa brand and approach to providing access to justice to the poor and vulnerable. The EVP details that the employee may expect competitive variable pay and formal recognition opportunities, competitive benefits with contemporarywork–life programmes and learning and development initiatives to ensure performance excellence in the ongoing employment partnership with Legal Aid South Africa. The Legal Aid South Africa EVP thus represents
a partnership between the employee and employer, and shared, mutual responsibility for the provision of a stimulating and meaningful work experience. During the 2014–2015financialyear,theLegalAidSouthAfricaEVPwas best practice aligned against global standards and a differentiated marketing communication strategy was developed for both the external stakeholders and internal employees. The key purpose was to highlight the different value propositions to different audiences. This personalised the most valued aspects to the employment partnership.
1.2.2. Leadership Development ProgrammeThe Legal Aid South Africa Leadership Development Programme was implemented to underpin and support the organisations strategy on sustainability. The programme is premised on the principle that providing meaning and humanity in the workplace results in employee engagement. Engaged employees are motivated, self-managed and brand loyal. Motivated employees will in turn provide empowering and high quality legal services to the client and in so doing contributing to 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. The Legal Aid South Africa Leadership Development Programme has focused on empowering leaders to create meaning and engagement in the workplace in order to motivate employees to integrate with the values and culture of the organisation in a manner that is brand loyal and advances the interests of the client.
During the year under review, the programme focused on developing leadership competence related to Collaboration, InfluencingandNetworking,Resilience,Self-RenewalandSocial Responsibility. At the end of the year an evaluation of the three-year Leadership Programme (2012–2015) impact on individual leadership development was undertaken.
The evaluation indicated positive impacts with useful suggestions for the next three year cycle (2015–2018).
Having achieved the advantage of diversity of approach to leadership development and responsiveness to regional requirements, leadership conversations and cross functional engagements have remained a key feature of the programme. In addition, the Legal Aid South Africa 2014–2015 cohort of nine managers completed an organisation funded Leadership Development Programme run by a local university.
The greatest impact of the programme remains the realisation of the personal responsibility by the organisation’s senior and middle management for self-mastery and the use of the core leadership competencies to lead the culture, brand loyalty and a viable employment value proposition.
HUMAN RESOURCES MANAGEMENT
91LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.2.3. Employment EquityDuring the period under review, the 2010–2015 employment plan reached the end of its term. In order to develop the plan for the 2015–2020 period, an employment equity audit was conducted by an independent external service provider.
The audit recorded steady improvement in the workplace representivityofLegalAidSouthAfrica.Theworkforceprofilein 2014 for the African race group improved with 69,6% of the employees being African and the under representation to target was reduced to 5,70%, compared to 10,30% in 2009. Similarly for the Coloured race group the overrepresentation of 2,80% in 2009 reduced to 1,90% in 2014, with 12,5% of employees being Coloured in 2014. The Indian race group moved from an over representation of 4,90% in 2009 to 2,30% in 2014, with 5,3% of employees being Indian in 2014. The White race group moved from an overrepresentation of 2,80% in 2009 to 1,80% in 2014, with 12,6% of employees being White in 2014. In terms of employees with disabilities, a positive movement from 22 (0,9%) in 2009 to 47 (1,7%) in 2014 of total workforce was noted.
The general consensus among employees was that good progress has been made with regards to Employment Equity and that Employment Equity is taken seriously at Legal Aid South Africa. Executives view Employment Equity as a business imperative and therefore Employment Equity attracts a high level of commitment. Employment Equity (EE) was seen as positively impacting culture.
A number of participants mentioned the Leadership Development Programme as an excellent initiative contributing to retention and the achievement of EE objectives.
The most prominent area of under-representation relates to African Females at the Top, Senior and Middle Management and Professional Levels. This area will be prioritised in the 2015–2020 Employment Equity Plan.
1.2.4. The Re-organisations of the Human Resources Footprint
During the past financial year, a number of talentmanagement processes were converted from manual to electronic using customised technology applications. These included the HR MIS, Labour Relations Management and Performance Management. In addition, employee fileswere converted frommanual to electronic for all newappointments from 1 April 2015.
1.3. WORKFORCE PLANNING FRAMEWORK AND KEY STRATEGIES TO ATTRACT AND RECRUIT A SKILLED AND CAPABLE WORKFORCE
Legal Aid South Africa bases its workforce planning framework on a practitioner per court model, which is aimed at having dedicated Legal Aid South Africa practitioners based at courts.
In the Magistrate’s Courts (District and Regional) thepractitioner per court model is able to serve the requirements of providing service at scale meeting high volume needs. The advantage of the practitioner per court model is that the same practitioner is able to take on all cases required inaspecificcourtonaspecificday.Thisprovidescertaintyamongst court-based stakeholders as to who the Legal Aid South Africa service provider is and contributes positively to efficientcaseflowmanagement.
LegalAidSouthAfrica’spractitionerpercourtmodelhasatarget of achieving ≥85% coverage of District Courts and98%coverageofRegionalCourts.Inthe2014–2015financialyear, we exceeded our targets with 87% coverage of District Courts but achieved only 96% coverage of Regional Courts due to some JCs having decreased their court coverage to better align to demand. This was in keeping with the recommendations arising from our court roll research study. The capacity made available from this exercise was used to implement our court relief programme. In the High Courts, the central diary system provides the opportunity to match each case with the appropriate levels of practitioner skills and ability.
The organisation remained reasonably well recruited throughout the year under review with a recruitment rate of 94% being recorded as at financial year end againstthe targeted recruitment of >96%.The filling of new postscreatedduringthefinancialyearweredelayedinanticipationofpendingbudgetcutsinthenewfinancialyear.
Insofar as civil legal aid is concerned, workforce planning is undertaken on the basis of demand in a given JC coverage area together with the ability of Legal Aid South Africa’scapacity to efficiently serve this demand.A work study todetermine the civil administration support requirements in relation to the civil practitioner’swork loadwas conductedduringthefinancialyear.
The workforce planning approach of the support platform is one of continuous modernisation, process improvement and best practice alignment. The support services platform continuously refinesanddevelopssupportmodels inorderto improve sustainability, efficiency and effectiveness ofdelivery. Business processes in support departments are reviewedannuallytoensuregreaterefficiency,riskmitigation
HUMAN RESOURCES MANAGEMENT
92 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
and value creation in support of the delivery of quality legal services as per the organisation’s mandate. During theperiod under review, the workforce planning process was documented into the Legal Aid South Africa’s StandardOperating Procedures (SOPs).
The turnover rate of 5.9%, in relation to permanent positionsrecordedforthe2014–2015financialyeariswithinacceptable norms. The key Legal Aid South Africa attraction and retention strategy is the offering of a viable EVP, which is appealing to our knowledge-based workforce both in terms of financial rewards,professional fulfilment,work–lifebalanceand social consciousness in improving the lives of the poor and vulnerable by providing access to justice.
1.4. EMPLOYEE PERFORMANCE MANAGEMENT FRAMEWORK
The Legal Aid South Africa Performance Management Framework has continued to deliver sustainable, holistic and integrated organisational performance. This is because the inclusive Performance Management Policy applies to all permanent employees and because it contains elements of collective performance and individual performance, which must be delivered within budget and in compliance with organisational rules and policies. Stated differently,whilsteachemployee’sindividualperformanceis critical, every employee has to ensure a team approach toperformancesothattheorganisation’sbusinessplanisholistically delivered whilst complying with budgetary and policy frameworks.
The Performance Management Framework also includes aspects aimed at stimulating innovation, exceptional performance beyond agreed deliverables and paradigm changing organisational solutions. In addition, leadership development and performance forms part of the system for all managers. During the period under review, an outcomes-based performance assessment was introduced. In this method, whilst they are accountable for their individual performance, individuals are also made to take collective responsibility for programme related performance and the overall achievement of the stated strategic shifts.
1.5. EMPLOYEE WELLNESS PROGRAMMES
The Employee Wellness Programme took the form of health awareness programmes and an independent counselling service. The employment of an in-house clinical psychologist has continued to reap rewards in terms of assisting legal professionals to deal with vicarious trauma they are often exposed to in the course of their criminal cases. During the year under review, vicarious trauma workshops were
concluded for all high court and district court professional assistants. These workshops have had the impact of creating an awareness and understanding of vicarious trauma symptoms and coping strategies.
1.6. POLICY DEVELOPMENTS: HIGHLIGHTS, CHALLENGES, FUTURE GOALS
Legal Aid South Africa has benchmarked its human resources practices against the Best Employers standard and is pleased that it received Best Employers accreditation for the sixth consecutive year during 2014–2015. Legal Aid South Africa has been rated as the number one organisation by law students across universities in South Africa in the “Ideal Employer” survey (2014) in the legal sector. The survey was conducted by Universum.
In keeping with its commitment to continuous improvement in people management practice, Legal Aid South Africa has continuously benchmarked its Human Resources Policies and practices against the Best Employer standards.
A positive and productive relationship was maintained with the Legal Aid South Africa recognised trade union, the South African Parastatal and Tertiary Institutions Union (SAPTU).
In forecasting the year ahead, the Human Resources talent management investment will be in re-enforcing the EVP to cement the employment partnership and to further integrate this partnership with the Organisational Culture Programme, brand loyalty programme and the leadership development programme.
A key focus in the year ahead will remain business partnering in order to leverage between the centres of excellence and the business units across the country. Strategic workforce planning, Onboarding, Climate and Engagement Monitoring and Talent Analytics emerge as priorities for the immediate future.
Culture Statement “ Proudly Legal Aid South Africa... champion of legal rights, serving our clients with integrity and confidence. Your Voice. For Justice.”
Leadership Statement“ Leading with integrity, inspiring excellence and promoting values and rights enshrined in the Constitution.”
HUMAN RESOURCES MANAGEMENT
93LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
HUMAN RESOURCES MANAGEMENT
2. Human Resources Oversight StatisticsTable 12: Personnel Costs by Business Unit
Directorate / Business unit Total expenditure
for the entity (R’000)
Personnel expenditure
(R’000)
Personnel exp. as a % of total
exp. (R’000)
No. of employees
Average personnel cost
per employee (R’000)
LEGAL AID SOUTH AFRICA: NATIONAL OFFICE OfficeoftheCEO(includeCOO & BS )
R8,221,548 R7,206,224 87,65% 18 R400,346
Internal Audit R16,346,066 R15,081,494 92,26% 31 R486,500
Human Resources R58,267,314 R8,958,689 15,38% 22 R407,213
Communications R8,262,852 R3,559,356 43,08% 10 R355,936
Finance (Include PPU & CREDITORS)
R34,660,166 R15,970,226 46,08% 42 R380,243
Information Technology R47,503,920 R13,968,874 29,41% 35 R399,111
Corporate Services R27,578,111 R8,625,423 31,28% 27 R319,460
National Operations R11,578,243 R11,308,284 97,67% 36 R314,119
Legal Development Services R39,754,175 R11,620,545 29,23% 32 R363,142
EASTERN CAPE REGION Aliwal North Justice Centre R7,836,694 R6,810,946 86,91% 19 R358,471
Butterworth Justice Centre R11,160,980 R9,723,810 87,12% 36 R270,106
East London Justice Centre R15,386,292 R13,998,656 90,98% 47 R297,844
EasternCapeRegionalOffice R8,995,242 R5,978,599 66,46% 10 R597,860
Graaf-Reinet Justice Centre R10,591,634 R9,185,125 86,72% 22 R417,506
Grahamstown Justice Centre R16,202,436 R13,615,427 84,03% 44 R309,442
King Williams Town Justice Centre R18,337,728 R16,264,077 88,69% 54 R301,187
PortElizabethJusticeCentre R40,301,299 R36,989,216 91,78% 102 R362,639
Queenstown Justice Centre R17,764,010 R15,279,028 86,01% 46 R332,153
Uitenhage Justice Centre R11,922,570 R10,339,776 86,72% 31 R333,541
Mthatha Justice Centre R37,074,273 R30,934,837 83,44% 104 R297,450
FREE STATE / NORTH WEST Bethlehem Justice Centre R10,817,904 R9,670,326 89,39% 29 R333,460
Bloemfontein Justice Centre R31,625,382 R28,677,718 90,68% 77 R372,438
Botshabelo Justice Centre R8,832,489 R7,659,668 86,72% 32 R239,365
Free State and North West RegionalOffice
R14,739,327 R13,301,030 90,24% 51 R260,805
Garankuwa Justice Centre R11,554,415 R10,196,046 88,24% 33 R308,971
Klerksdorp Justice Centre R8,481,765 R7,213,757 85,05% 21 R343,512
Kroonstad Justice Centre R7,763,784 R6,581,594 84,77% 26 R253,138
Lichtenburg Justice Centre R15,683,774 R12,471,666 79,52% 47 R265,355
Mahikeng Justice Centre R11,064,845 R9,423,608 85,17% 33 R285,564
Phuthaditjhaba Justice Centre R12,400,291 R10,743,011 86,64% 35 R306,943
Potchefstroom Justice Centre R8,581,793 R5,257,608 61,26% 9 R584,179
Rustenburg Justice Centre R11,638,739 R10,257,849 88,14% 38 R269,943
Vryburg Justice Centre R6,124,783 R4,385,926 71,61% 20 R219,296
Welkom Justice Centre R17,710,789 R15,645,218 88,34% 56 R279,379
94 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Total expenditure
for the entity (R’000)
Personnel expenditure
(R’000)
Personnel exp. as a % of total
exp. (R’000)
No. of employees
Average personnel cost
per employee (R’000)
GAUTENG REGION Alexandra Justice Centre R11,440,740 R10,058,119 87,91% 38 R264,687
Benoni Justice Centre R21,577,981 R19,948,123 92,45% 75 R265,975
GautengRegionalOffice R10,892,386 R5,773,549 53,01% 12 R481,129
Germiston Justice Centre R12,367,749 R11,440,073 92,50% 39 R293,335
Johannesburg Justice Centre R46,599,221 R38,852,659 83,38% 110 R353,206
Krugersdorp Justice Cntre R15,907,370 R14,896,160 93,64% 54 R275,855
Pretoria Justice Centre R37,704,767 R33,302,979 88,33% 94 R354,287
Soshanguve Justice Centre R10,386,588 R9,488,589 91,35% 28 R338,878
Soweto Justice Centre R25,310,545 R22,962,724 90,72% 71 R323,419
Tembisa Justice Centre R12,291,413 R9,461,792 76,98% 40 R236,545
Vereeniging Justice Centre R22,475,134 R20,636,719 91,82% 57 R362,048
KWAZULU-NATAL REGION Durban Justice Centre R36,256,176 R32,215,620 88,86% 92 R350,170
Empangeni Justice Centre R20,343,793 R17,266,538 84,87% 70 R246,665
KZNRegionalOffice R8,072,460 R5,727,445 70,95% 10 R572,744
Ladysmith Justice Centre R9,290,432 R7,689,653 82,77% 33 R233,020
Newcastle Justice Centre R11,199,245 R9,669,549 86,34% 39 R247,937
PietermaritzburgJusticeCentre R32,499,190 R28,224,231 86,85% 88 R320,730
Pinetown Justice Centre R13,333,147 R11,289,978 84,68% 48 R235,208
Port Shepstone Justice Centre R17,701,155 R15,154,821 85,61% 51 R297,153
UmlaziJusticeCentre R14,659,059 R12,992,729 88,63% 45 R288,727
Verulam Justice Centre R18,941,167 R16,245,300 85,77% 64 R253,833
Vryheid Justice Centre R12,303,212 R10,057,171 81,74% 37 R271,815
LIMPOPO / MPUMALANGA REGION Ermelo Justice Centre R14,678,420 R12,203,023 83,14% 42 R290,548
LimpopoRegionalOffice R8,533,544 R5,062,837 59,33% 9 R562,537
Makhado Justice Centre R10,450,495 R8,814,621 84,35% 31 R284,343
Middleburg Justice Centre R13,435,558 R11,610,713 86,42% 45 R258,016
Modimolle Justice Centre R9,385,681 R8,078,583 86,07% 25 R323,143
Nelspruit Justice Centre R26,100,922 R22,494,899 86,18% 77 R292,142
Polokwane Justice Centre R27,334,770 R23,471,982 85,87% 76 R308,842
Thohoyandou Justice Centre R10,984,988 R9,683,808 88,15% 30 R322,794
TzaneenJusticeCentre R17,082,439 R15,001,588 87,82% 46 R326,121
Witbank Justice Centre R15,894,271 R13,512,908 85,02% 53 R254,961
WESTERN CAPE / NORTHERN CAPE Athlone Justice Centre R31,697,527 R29,415,623 92,80% 104 R282,843
Bellville Justice Centre R18,678,411 R17,186,107 92,01% 62 R277,195
Caledon Justice Centre R11,393,443 R9,120,818 80,05% 24 R380,034
Cape Town Justice Centre R32,353,039 R28,148,880 87,01% 73 R385,601
Colesburg Justice Centre R9,888,198 R8,199,247 82,92% 24 R341,635
George Justice Centre R24,685,860 R21,974,137 89,02% 57 R385,511
Kimberley Justice Centre R23,507,500 R20,024,686 85,18% 64 R312,886
HUMAN RESOURCES MANAGEMENT
95LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Total expenditure
for the entity (R’000)
Personnel expenditure
(R’000)
Personnel exp. as a % of total
exp. (R’000)
No. of employees
Average personnel cost
per employee (R’000)
Malmesbury Justice Centre R9,445,793 R7,985,201 84,54% 27 R295,748
Stellenbosch Justice Centre R20,241,333 R17,417,367 86,05% 66 R263,899
Upington Justice Centre R14,589,690 R11,394,369 78,10% 40 R284,859
Vredendal Justice Centre R10,232,420 R8,586,151 83,91% 26 R330,237
WesternCapeRegionalOffice R9,912,270 R5,416,787 54,65% 9 R601,865
Worcester Justice Centre R10,206,297 R8,957,376 87,76% 31 R288,948
Table 13: Personnel Cost by Salary Band
Level Personnel expenditure
(R’000)
% of personnel exp. to total
personnel cost
No. of employees
Average personnel cost
per employee (R’000)
Top Management (Level 14–16) R22,744,149 2% 18 R1,263,564
Senior Management (Level 13, CM1) R93,666,795 8% 103 R909,386
Professionalqualified(SU_LV10,11,12–LP3 to LP10, SU1 and SU2)
R764,403,047 69% 1,530 R499,610
Skilled(SU_LV8,9+paralegals+LP1,LP2) R109,232,003 10% 1,189 R91,869
Semi-skilled(SU_LV4,5,6,7)excludingparalegals)
R113,390,929 10% 659 R172,065
Total R1,103,436,924 100% R3,499 R2,936,494
Table 14: Performance Rewards
Salary band Performance rewards
Personnel expenditure
(R’000)
% of performance
rewards to total personnel
cost (R’000)Top Management (Level 14–16) R2,208,938 R22,744,149 9,7%
Senior Management (Level 13, CM1) R5,068,240 R93,666,795 5,4%
Professionalqualified(SU_LV10,11,12–LP3toLP10,SU1andSU2) R27,112,406 R764,403,047 3,5%
Skilled(SU_LV8,9+paralegals+LP1,LP2) R829,240 R109,232,003 0,8%
Semi-skilled(SU_LV4,5,6,7)excludingparalegals) R4,074,550 R113,390,929 3,6%
Total R39,293,372 R1,103,436,924 3,6%
HUMAN RESOURCES MANAGEMENT
96 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Personnel expenditure
(R’000)
Training expenditure
(R’000)
Training expenditure
as a % of personnel cost
No. of employees
trained
Avg training cost per
employee
LEGAL AID SOUTH AFRICA: NATIONAL OFFICE OfficeoftheCEO(includeCOO & BS)
R7,206,224 R1,754 0,02% 5 R351
Internal Audit R15,081,494 R108,761 0,72% 14 R7,769
Human Resources R8,958,689 R611,987 6,83% 332 R1,843
Communications R3,559,356 R7,240 0,20% 4 R1,810
Finance (Include PPU & CREDITORS)
R15,970,226 R49,714 0,31% 40 R1,243
Information Technology R13,968,874 R168,832 1,21% 15 R11,255
Corporate Services R8,625,423 R58,733 0,68% 23 R2,554
National Operations R11,308,284 R4,081 0,04% 3 R1,360
Legal Development Services R11,620,545 R1,816,369 15,63% 1,202 R1,511
EASTERN CAPE REGION Aliwal North Justice Centre R6,810,946 R9,376 0,14% 2 R4,688
Butterworth Justice Centre R9,723,810 R17,883 0,18% 14 R1,277
East London Justice Centre R13,998,656 R23,088 0,16% 14 R1,649
EasternCapeRegionalOffice R5,978,599 R74,656 1,25% 77 R970
Graaf-Reinet Justice Centre R9,185,125 R10,645 0,12% 1 R10,645
Grahamstown Justice Centre R13,615,427 R14,831 0,11% 10 R1,483
King Williams Town Justice Centre
R16,264,077 R15,360 0,09% 11 R1,396
PortElizabethJusticeCentre R36,989,216 R22,883 0,06% 31 R738
Queenstown Justice Centre R15,279,028 R14,421 0,09% 7 R2,060
Uitenhage Justice Centre R10,339,776 R13,906 0,13% 7 R1,987
Mthatha Justice Centre R30,934,837 R27,211 0,09% 27 R1,008
FREE STATE / NORTH WEST Bethlehem Justice Centre R9,670,326 R22,316 0,23% 4 R5,579
Bloemfontein Justice Centre R28,677,718 R78,313 0,27% 16 R4,895
Botshabelo Justice Centre R7,659,668 R31,573 0,41% 7 R4,510
Free State and North West RegionalOffice
R13,301,030 R180,919 1,36% 88 R2,056
Garankuwa Justice Centre R10,196,046 R44,565 0,44% 16 R2,785
Klerksdorp Justice Centre R7,213,757 R50,865 0,71% 7 R7,266
Kroonstad Justice Centre R6,581,594 R23,759 0,36% 6 R3,960
Lichtenburg Justice Centre R12,471,666 R21,615 0,17% 4 R5,404
Mahikeng Justice Centre R9,423,608 R45,355 0,48% 15 R3,024
Phuthaditjhaba Justice Centre R10,743,011 R32,582 0,30% 10 R3,258
Potchefstroom Justice Centre R5,257,608 R19,200 0,37% 12 R1,600
Rustenburg Justice Centre R10,257,849 R26,000 0,25% 10 R2,600
Vryberg Justice Centre R4,385,926 R12,800 0,29% 7 R1,829
Welkom Justice Centre R15,645,218 R61,230 0,39% 21 R2,916
Table 15: Training Costs
HUMAN RESOURCES MANAGEMENT
97LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Personnel expenditure
(R’000)
Training expenditure
(R’000)
Training expenditure
as a % of personnel cost
No. of employees
trained
Avg training cost per
employee
GAUTENG REGION Alexandra Justice Centre R10,058,119 R4,480 0,04% 17 R264
Benoni Justice Centre R19,948,123 R18,870 0,09% 31 R609
GautengRegionalOffice R5,773,549 R334,151 5,79% 67 R4,987
Germiston Justice Centre R11,440,073 R3,130 0,03% 14 R224
Johannesburg Justice Centre R38,852,659 R7,395 0,02% 26 R284
Pretoria Justice Centre R14,896,160 R38,214 0,26% 25 R1,529
Krugersdorp Justice Centre R33,302,979 R14,550 0,04% 17 R856
Soweto Justice Centre R9,488,589 R23,056 0,24% 23 R1,002
Vereeniging Justice Centre R22,962,724 R13,283 0,06% 11 R1,208
Soshanguve Justice centre R9,461,792 R2,462 0,03% 11 R224
Tembisa Justice Centre R20,636,719 R13,403 0,06% 12 R1,117
KWAZULU-NATAL REGION Durban Justice Centre R32,215,620 R56,338 0,17% 26 R2,167
Empangeni Justice Centre R17,266,538 R60,977 0,35% 19 R3,209
KZNRegionalOffice R5,727,445 R130,344 2,28% 72 R1,810
Ladysmith Justice Centre R7,689,653 R16,115 0,21% 8 R2 014
Newcastle Justice Centre R9,669,549 R19,550 0,20% 15 R1,303
PietermaritzburgJusticeCentre R28,224,231 R72,988 0,26% 29 R2,517
Pinetown Justice Centre R11,289,978 R16,308 0,14% 18 R906
Port Shepstone Justice Centre R15,154,821 R51,995 0,34% 8 R6,499
UmlaziJusticeCentre R12,992,729 R51,337 0,40% 15 R3,422
Verulam Justice Centre R16,245,300 R44,928 0,28% 21 R2,139
Vryheid Justice Centre R10,057,171 R34,550 0,34% 7 R4,936
LIMPOPO / MPUMALANGA REGION Ermelo Justice Centre R12,203,023 R2,600 0,02% 6 R433
LimpopoRegionOffice R5,062,837 R458,036 9,05% 105 R4,362
Makhado Justice Centre R8,814,621 R0 0,00% 0 R0
Middleburg Justice Centre R11,610,713 R0 0,00% 0 R0
Modimolle Justice Centre R8,078,583 R0 0,00% 0 R0
Nelspruit Justice Centre R22,494,899 R10,650 0,05% 19 R561
Polokwane Justice Centre R23,471,982 R1,895 0,01% 18 R105
Thohoyandou Justice Clinic R9,683,808 R1,300 0,01% 8 R163
TzaneenJusticeCentre R15,001,588 R0 0,00% 0 R0
Witbank Justice Centre R13,512,908 R6,500 0,05% 16 R406
WESTERN CAPE / NORTHERN CAPE Athlone Justice Centre R29,415,623 R19,620 0,07% 29 R677
Bellville Justice Centre R17,186,107 R30,840 0,18% 28 R1,101
Caledon Justice Centre R9,120,818 R4,978 0,05% 5 R996
Cape Town Justice Centre R28,148,880 R31,828 0,11% 20 R1,591
Colesburg Justice Centre R8,199,247 R0 0,00% 0 R0
George Justice Centre R21,974,137 R21,480 0,10% 6 R3,580
HUMAN RESOURCES MANAGEMENT
98 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Directorate / Business unit Personnel expenditure
(R’000)
Training expenditure
(R’000)
Training expenditure
as a % of personnel cost
No. of employees
trained
Avg training cost per
employee
Kimberley Justice Centre R20,024,686 R10,677 0,05% 18 R593
Malmesbury Justice Centre R7,985,201 R5,706 0,07% 6 R951
Stellenbosch Justice Centre R17,417,367 R38,119 0,22% 29 R1,314
Upington Justice Centre R11,394,369 R10,083 0,09% 9 R1,120
Vredendal Justice Centre R8,586,151 R13,534 0,16% 5 R2,707
WesternCapeRegionalOffice R5,416,787 R80,791 1,49% 79 R1,023
WorcesteRJustice Centre R8,957,376 R10,857 0,12% 10 R1,086
Table 16: Employment and Vacancies per Region
Regions Number of posts
Number of posts filled
Number of permanent posts filled
Vacancy rate % *Number of posts filled
additional to establishment
NationalOffice 206 190 187 9% 3
Western and Northern Cape Region
491 475 449 9% 26
KwaZulu-Natal Region 432 433 415 4% 18
Eastern Cape Region 419 413 400 5% 13
Gauteng Region 487 472 457 6% 15
Free State and North West Region
409 381 377 8% 4
Limpopo and Mpumalanga Region
353 342 334 5% 8
Total 2,797 2,706 2,619 6% 87
* Includes Candidate Attorneys and Temps
Table 17: Employment Changes
Salary band Employment at beginning of
period
Appointments Terminations Employment at end of the
periodTop Management 16 2 2 15
Senior Management 95 9 4 94
Professionalqualified 1,282 205 92 1,344
Skilled 820 336 382 813
Semi-skilled 372 36 20 353
Total 2,585 588 500 2,619
HUMAN RESOURCES MANAGEMENT
99LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 18: Employment and Vacancies per Critical Occupation
Regions Number of posts
Number of posts filled
Vacancy rate Succession planning
candidates in development programmes
Legal 6 6 0% 16
Finance 1 1 0% 1
Human Resources 1 1 0% 2
Internal Audit 1 1 0% 0
Legal Development 1 1 0% 2
Corporate Services 1 1 0% 1
Information Services 1 1 0% 2
Communications 1 1 0% 2
National Operations 1 1 0% 3
Chief Operations 1 1 0% 2
Chief Executive 1 1 0% 3
Total 16 16 0% 34
Table 19: Reasons for Staff Leaving
Termination type Number % of total terminations
Abscondment 0 0,00%
Death 8 1,60%
Dismissal 10 2,00%
Resignation 167 33,40%
End of contract* 303 60,60%
Retirement 10 2,00%
Medical Boarding 2 0,40%
Dismissal due to operational changes 0 0,00%
Total 500 100,00%
*LegalAidSouthAfricaemploys±600CandidateAttorneyseachyear.Theseappointmentsaremadeonafixedtermcontractbasis. These contracts expire after 24 months.
Table 20: Labour Relations: Misconduct and Disciplinary Action
Nature of disciplinary action Number Verbal Warning 12
Written Warning 15
Final Written warning 5
Dismissal 8
Other 9
Total 49
HUMAN RESOURCES MANAGEMENT
100 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Table 21: Equity Target and Employment Equity Status
Levels MaleAfrican Coloured Indian White
Current Target Current Target Current Target Current Target Top Management 7 6 0 1 1 0 1 1
Senior Management 39 38 6 6 6 2 10 7
Professionalqualified 530 538 53 81 44 27 141 94
Skilled 98 91 9 14 0 5 1 16
Semi-skilled 66 141 7 21 2 7 1 25
Total 740 814 75 123 53 41 154 143
* Excluding Candidate Attorneys / Temps
Levels FemaleAfrican Coloured Indian White
Current Target Current Target Current Target Current Target Top Management 2 5 2 1 1 0 1 1
Senior Management 16 32 4 5 4 1 10 5
Professionalqualified 310 457 105 67 53 13 108 67
Skilled 96 78 17 11 2 2 5 11
Semi-skilled 194 120 45 18 10 4 27 18
Total 618 692 173 102 70 20 151 102
* Excluding Candidate Attorneys / Temps
Levels Disabled Staff Male Female
Current Target Current Target Top Management 0 0 0 0
Senior Management 2 1 1 1
Professionalqualified 24 15 5 12
Skilled 0 2 3 2
Semi-skilled 2 2 4 6
Total 28 20 13 21
* A 2% target has been set for disabled persons.* Excluding Candidate Attorneys / Temps
The organistion is challeged in meeting its targets for African Females at the Top, Senior and Middle Management level. This is being addressed through the 2015–2020 Employment Equity Plan.
HUMAN RESOURCES MANAGEMENT
101LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTF:FINANCIAL INFORMATION
FINANCIAL INFORMATIONFor the year ended 31 March 2015
102 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Statement of ResponsibilityRefer to page 22 for the Statement of Responsibility.
2. Report of the Chief Executive Officer
GENERAL FINANCIAL REVIEW
SoundfinancialmanagementandgoodgovernancepracticecontinuetobekeystrengthsofLegalAidSouthAfrica.LegalAidSouthAfricahascontinuedtostrengthenitsfinancialmanagementcontrolsbackedbystrongfinancialriskmanagementcontrolsand processes. The organisation reviewed its policies and procedures to be in line with best practices in the industry. Legal Aid South Africa achieved its targets within the budget constraints it operates under due to prudent and effective cost management measures.Theorganisation’smainsourceofrevenueisthegovernmentgrant,whichamountedtoR1,504billioninthe2014–2015financialyear,whichis9%morethanthe2013–2014allocation.ThehigherincreasewasduetoadditionalfundsofR19,3million received for Case Backlog Project relating to conversion of temporary appointments to permanent posts, and R19,5 million from IJS for e-Legal Aid Administration (eLAA) System Development Project.
Amongst the key initiatives in the period under review was the development of the Internal Control Framework and the approval thereofbytheBoard.TheInternalControlFrameworkisaimedatensuringamongstothers:• thereliabilityandintegrityoffinancialandoperationalinformation• theeffectivenessofoperations• safeguardingofassets• compliancewithlaws,regulationsandcontrols
ExPENDITURE: TRENDS AND CHALLENGES
Theorganisationcompletedthefinancialyearonapositivenotebyimplementingthe2014–2015approvedbudgetandspendingand committing 98,6% of its budget. This was a continuation of the spending trends that the organisation has shown previously, of spending more than 98% of its budget.
LegalAidSouthAfricafaceschallengeswithregardtoofficeaccommodationastheorganisationoperatesinrentedpremises.Theescalation rates and/or renewal of these leases are usually higher than the macro increases of 5%–6% provided by National Treasury.
High employee costs also bring financial challenges due to higher cost of living increases that are higher than theNationalTreasury macro increases of 5%.Volatile vehicle fuel prices continue to be a challenge as they continue to increase above the inflationrates.
These high costs are absorbed within the baseline allocation by reducing and/or not increasing other operating expenditure items. Althoughthisprudentbudgetinghasworkedinthepastfinancialyears,itisnotsustainableinthelongterm.
ROLLOVER OF FUNDS FROM 2014–2015
Duringthe2014–2015financialyear,LegalAidSouthAfricaembarkedonprojects–mostnotablythedevelopmentofthenewsystem to enhance its IT infrastructure to align to its business operational needs. Due to the complexity of the procurement processesandthesystemdevelopment,thisandotherprojectscouldnotbefinalisedbytheendofthefinancialyearunderreview.Otherprojectssuchasimpactlitigationmatters,runoveralengthyperiodoftime,whichthenextendsintothenewfinancialyear.
Legal Aid South Africa participates National Treasury motor vehicle transversal contract (RT 57 of 2015).
Ordersformotorvehicleswereplacedwiththesuppliertimeously;however,thesupplierselecteddidnothavesufficientstocktodeliver the total orders placed by year end and the balance of the vehicles ordered were delivered subsequent to year end.
Sincemostoftheseprojectswerecompletedinthecurrentfinancialyear,theorganisationappliedtoNationalTreasuryforapprovaltorolloverthesecommittedfundstothefinancialyear2015–2016astheycouldnotbeabsorbedinthe2015–2016budget.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
103LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
SUPPLY CHAIN MANAGEMENT (SCM)
Legal Aid South Africa submitted its Procurement Plan to National Treasury by 30 April 2014 as required in terms of National Treasury Instruction Note. Legal Aid South Africa also reviewed its SCM policies and procedures to align them to the applicable legislation, National Treasury regulations, practice notes and best practices. The organisation had in place effectively functioning Bid Evaluation and Bid Adjudication Committees. Compliance with SCM policies and procedures was managed by Executive Management and Regional Office and Justice Centre Management, and was monitored and audited by the Internal AuditDepartment.
The organisation was able to implement its approved Procurement Plan within the allocated budget.
Achallengethattheorganisationfacedrelatestoprocurementofofficeaccommodation,especiallyinruralandremoteareas.Inmost of these areas the possible suppliers did not comply with supply chain management policy requirements and as a result the organisationwasnotabletoleaseofficespacefromthem.
Duringthe2013–2014financialyear,theBoardapprovedtheacquisitionofimmovablepropertyinareaswherewearefacingchallenges. We were not able to procure immovable property despite engaging alternative procurement procedures as there were nosuitablebuildingsthatmetLegalAidSouthAfrica’srequirements.Bytheendoffinancialyearunderreview(2014–2015),six(6)buildingswereidentifiedandlandownerswereengagedtopurchasetheproperties.Howeverthesetransactionscouldnotbefinalisedbyyearendduetothecomplexityofthenatureofacquisitionofimmovableproperty.Fundssetasideforthispurposewere included in the rollover request to National Treasury.
99,9% of Judicare creditors were paid within 30 days while 99,3% of trade creditors were paid within 30 days. Systems have been put in place to improve the payment turnaround rate of our creditors.
ASSET MANAGEMENT
In terms of sub-section 51(1)(c) of the Public Finance Management Act as amended, the Accounting Authority for a public entity is responsible for the management, including the safeguarding, of the assets and for the management of the revenue, expenditure and liabilities of the public entity.Inadditiontothenormalday-to-dayadministrationandmanagementofLegalAidSouthAfrica’sassetregister,theorganisationundertookseveralactivitiesincludingthefollowing:• QuarterlyAssetVerification
Thefinanceandadministrationstaffatvariouscostcentrescontinuedtocarryoutandmanagetheassetverificationprocesses.Theinternalprocessbenefitedtheorganisationthroughcostsavings,createdopportunitiesforskillsdevelopmentandprovidedhands-onknowledgeandawarenessonassetmanagementmatters.Overallcoverageforassetverificationinthe2014–2015financialperiodwas100%,animprovementof0,1%comparedtothe99,9%coverageinthe2013–2014financialyear.Focusin2014–2015annualassetverificationwastoensurethattheorganisationdeclareandwithdrawfromserviceanyunusedassetsorassets broken beyond economical repair.
Theorganisationprocurednewfixedassetsscannersduringthefinancialyearunderreviewastheoldoneshadreachedtheiruseful lives.
During the 2014–2015 financial year, the organisation had functional Justice Centres, regional and national office disposalcommittees. These committees approved assets for disposal in terms of the Approved Fixed Assets Policy.
AUDIT 2013–2014
The organisation submit its Annual Financial Statements for 2013–2014 to the Auditor-General and National Treasury timeously. LegalAidSouthAfricareceiveditsthirteenthunqualifiedauditopinionin2013–2014withnomattersemphasisedbytheAuditor-General.
Interimfinancialstatementswereissuedforvariousquartersofthe2014–2015financialyearthatdepictedatrueandfairviewofthefinancialperformance,financialposition,changesinnetassetsandcashflowsoftheorganisationattheendofeachquarter.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
104 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
IMPACT OF FINANCIAL POSITION ON PERFORMANCE
During the 2014–2015 the organisation received R5 million as additional funding to increase its legal capacity, R19,3 million relating to conversion of temporary case backlog posts to permanent posts and IJS funding for development of the new eLAA system.
The number of new legal matters increased by only a small margin compared to previous year due to lack of additional capacity.
Theorganisationplanstocontinuewiththecurrentactivitiesandstrategiestabledinitsfive-yearstrategicplan(2015–2020)andcontinues to assess and evaluate other cost effective methods of services delivery within our budget constraints.
ECONOMIC VIABILITY
The organisation understands the budget constraints the country is facing. The shedding of jobs will increase the impact on demandforlegalserviceswiththeconsequentimpactonthefiscus,whichisthemainsourceoffundingfortheorganisation.Theorganisation will continue to implement prudent and cost 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.
OUTLOOK/PLAN FOR THE FUTURE TO ADDRESS FINANCIAL CHALLENGES
Over theMTEFperiod,NationalTreasury confirmedadditional funding to increase legal practitioners capacity to service thenew courts expansion programme of R18 million in 2015–2016 with carry-through costs of R20 million and R22 million in 2016–2017and2017–2018respectively.TheNationalTreasuryalsoconfirmedanamountofR21,1millionwithcarry-throughcostsof R22,2 million and R23,3 million in 2016–2017 and 2017–2018 respectively for the Case Backlog Project, i.e. conversion of temporarypoststopermanent.Thesefundsarespecificallymeanttoaddresslegalcapacityissues.
In the year under review the organisation utilised R19,3 million received from National Treasury to convert about 38 case backlog temporary posts to permanent posts.
The organisation completed and submitted its Budget for 2015–2016 to the Executive Authority.
NationalTreasuryinformedLegalAidSouthAfricaaboutbudgetcutsforthe2015–2016financialyearamountingtoR62millionandR93millionfor2016–2017financialyear.Thebudgetcutwillbefundedfromtheorganisation’scashreserves.Itwillthereforehave no adverse impact on service delivery. The organisation will continue to be a going concern in the foreseeable future.
EVENTS AFTER REPORTING DATE
The organisation produced its financial statements for 2014–2015 and submitted them to theAuditor-General and NationalTreasury timeously.
There were no material events that occurred between the reporting date and the date of this report.
Ms V VedalankarChiefExecutiveOfficer–LegalAidSouthAfrica25 July 2015
FINANCIAL INFORMATIONFor the year ended 31 March 2015
105LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Report of the Auditor-General to Parliament on Legal Aid South Africa
REPORT ON THE FINANCIAL STATEMENTS
Introduction
1. IhaveauditedthefinancialstatementsofLegalAidSouthAfricasetoutonpages108to151,whichcomprisethestatementoffinancialpositionasat31March2015,thestatementoffinancialperformance,statementofchangesinnetassets,cashflowstatementandstatementofcomparisonofbudgetinformationwithactualinformationfortheyearthenended,aswellasthenotes,comprisingasummaryofsignificantaccountingpoliciesandotherexplanatoryinformation.
Accounting authority’s responsibility for the financial statements
2. Theaccountingauthorityisresponsibleforthepreparationandfairpresentationofthesefinancialstatementsinaccordancewith South African Standards of Generally Recognised Accounting Practice (SA Standards of GRAP and the requirements of the Public Finance Management Act of South Africa, 1999 (Act No.1 of 1999)(PFMA), and for such internal control as the accountingauthoritydeterminesisnecessarytoenablethepreparationoffinancialstatementsthatarefreefrommaterialmisstatement, whether due to fraud or error.
Auditor-general’s responsibility
3. My responsibility is to expressanopinionon these financial statements basedonmyaudit. I conductedmyaudit inaccordance with International Standards on Auditing. Those standards require that I comply with ethical requirements, and planandperformtheaudittoobtainreasonableassuranceaboutwhetherthefinancialstatementsarefreefrommaterialmisstatement.
4. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in financialstatements.Theproceduresselecteddependontheauditor’sjudgement,includingtheassessmentoftherisksofmaterialmisstatementofthefinancialstatements,whetherduetofraudorerror.Inmakingthoseriskassessments,theauditorconsiders internalcontrol relevant to theentity’spreparationand fairpresentationof thefinancial statements inorderto design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion ontheeffectivenessoftheentity’sinternalcontrol.Anauditalsoincludesevaluatingtheappropriatenessofaccountingpolicies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentationofthefinancialstatements.
5. IbelievethattheauditevidenceIhaveobtainedissufficientandappropriatetoprovideabasisformyauditopinion.
Opinion
6. Inmyopinion,thefinancialstatementspresentfairly,inallmaterialrespects,thefinancialpositionoftheLegalAidSouthAfricaasat31March2015anditsfinancialperformanceandcashflowsfortheyearthenended,inaccordancewithSAStandards of GRAP and the requirements of the Public Finance Management Act of South Africa, 1999 (Act No.1 of 1999) (PFMA).
FINANCIAL INFORMATIONFor the year ended 31 March 2015
106 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS
7. In accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) and the general notice issued in terms thereof,Ihavearesponsibilitytoreportfindingsonthereportedperformanceinformationagainstpredeterminedobjectivesfor selected programmes presented in the annual performance report, non-compliance with legislation and internal control. The objective ofmy tests was to identify reportable findings as described under each subheading but not to gatherevidence to express assurance on these matters. Accordingly, I do not express an opinion or conclusion on these matters.
Predetermined objectives
8. I performed procedures to obtain evidence about the usefulness and reliability of the reported performance information for the following selected programmes presented in the annual performance report of the public entity for the year ended 31 March2015:
• Programme1: Todeliver(increaseaccess)qualitycriminallegalservicesthatareclientfocusedonpages35to36. • Programme2: Toincreaseaccesspoints,includingtovulnerablegroups,tocriminallegalaidservicesonpage36. • Programme3: Todeliver(increaseaccess)qualitycivillegalaidservicesthatareclientfocusedonpage36. • Programme4: Todeliver(increaseaccess)qualitylegaladviceservicesthatareclient-focusedonpage37. • Programme5: To increaseaccess to justice through impact litigation-which isable toaddressConstitutional
rights and socio economic rights and develop jurisprudence on these matters on page 37. • Programme21:To adjust themixedmodel service deliverymodel to improve court coverage and delivery on
pages 45. • Programme27:ExpandandmaintaintheNationalFootprint,includingphysicalandICTservicepoints,toimprove
access, especially in rural areas on page 47.
9. I evaluated the reported performance information against the overall criteria of usefulness and reliability.
10. I evaluated the usefulness of the reported performance information to determine whether it was presented in accordance withtheNationalTreasury’sannualreportingprinciplesandwhetherthereportedperformancewasconsistentwiththeplannedprogrammes.Ifurtherperformedteststodeterminewhetherindicatorsandtargetswerewelldefined,verifiable,specific,measurable,timeboundandrelevant,asrequiredbytheNationalTreasury’sFrameworkformanagingprogrammeperformance information (FMPPI).
11. I assessed the reliability of the reported performance information to determine whether it was valid, accurate and complete.
12. Ididnot identifyanymaterialfindingsontheusefulnessandreliabilityof thereportedperformanceinformationfor thefollowingprogrammes:
• Programme1: Todeliver(increaseaccess)qualitycriminallegalservicesthatareclientfocused. • Programme2: Toincreaseaccesspoints,includingtovulnerablegroups,tocriminallegalaidservices. • Programme3: Todeliver(increaseaccess)qualitycivillegalaidservicesthatareclientfocused. • Programme4: Todeliver(increaseaccess)qualitylegaladviceservicesthatareclient-focused. • Programme5: To increaseaccess to justice through impact litigation-which isable toaddressConstitutional
rights and socio economic rights and develop jurisprudence on these matters. • Programme21:Toadjustthemixedmodelservicedeliverymodeltoimprovecourtcoverageanddelivery. • Programme27:ExpandandmaintaintheNationalFootprint,includingphysicalandICTservicepoints,toimprove
access, especially in rural areas.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
107LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Additional matter
13. AlthoughIidentifiednomaterialfindingsontheusefulnessandreliabilityofthereportedperformanceinformationfortheselectedprogrammes,Idrawattentiontothefollowingmatter:
Achievement of planned targets
14. Refer to the annual performance report on pages 25 to 54 for information on the achievement of the planned targets for the year.
Compliance with legislation
15. Iperformedprocedurestoobtainevidencethatthepublicentityhadcompliedwithapplicablelegislationregardingfinancialmatters,financialmanagementandotherrelatedmatters.Ididnotidentifyanyinstancesofmaterialnon-compliancewithspecificmattersinkeylegislation,assetoutinthegeneralnoticeissuedintermsofthePAA.
Internal control16. Iconsideredinternalcontrolrelevanttomyauditofthefinancialstatements,annualperformancereportandcompliance
withlegislation.Ididnotidentifyanysignificantdeficienciesininternalcontrol.
Pretoria31 July 2015
FINANCIAL INFORMATIONFor the year ended 31 March 2015
108 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
4. Annual Financial StatementsCOUNTRYOFINCORPORATION: South Africa
NATUREOFBUSINESS: Provide legal services to the indigent
MEMBERSOFACCOUNTINGAUTHORITY: Judge President D Mlambo – Chairperson* Judge E Molahlehi – Deputy Chairperson (Resigned 31 May 2014) Mr J Maree* Adv. P du Rand Ms N Memka* MsNMgadza* Prof. Y Vawda* Ms M Naidoo* Adv. K Pillay Ms R Subban Ms T Mhlungu* Ms M Monama (Appointed 1 July 2014) Ms B Mxakwe MrWScholtz Mr M Notyesi* Mr MNF Mvundlela (Appointed 31 October 2014) Ms A Rhoda* Mr JC Janse van Rensburg – Alternate member
(Appointed 1 January 2015) Adv. R Jansen – Alternate member * Term expired and reappointed during the period under review.
REGISTEREDOFFICE: 29 De Beer Street Braamfontein Johannesburg
BUSINESSADDRESS: 29 De Beer Street Braamfontein Johannesburg
POSTALADDRESS: PrivateBagX76 Braamfontein 2017
BANKERS: First National Bank South African Reserve Bank
AUDITORS: Auditor-General South Africa
FINANCIAL INFORMATIONFor the year ended 31 March 2015
109LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
ThereportsandstatementssetoutbelowcomprisetheAnnualFinancialStatementspresentedtothemembers:
INDEX PAGE
Report of the Auditor-General 105 Report of the Accounting Authority 111Statement of Financial Position 112Statement of Financial Performance 113Statement of Changes in Net Assets 113Cash Flow Statement 114Statement of Comparison of Budget and Actual Amounts 115Notes to the Annual Financial Statements 125
FINANCIAL INFORMATIONFor the year ended 31 March 2015
110 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
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 AidSouthAfricakeepsfullandproperrecordsofitsfinancialaffairs.TheFinancialStatementshavebeenpreparedinaccordancewith the effective Standards of Generally Recognised Accounting Practice (GRAP), including any interpretations and directives issued by the Accounting Standards Board.
TheAnnualFinancialStatementsare the responsibility of theAccountingAuthority.Theexternal auditor’s responsibility is toindependently audit and report on the fair presentation of the Annual Financial Statements in conformity with South African Auditing Standards. The Annual Financial Statements have been prepared in accordance with standards of Generally Recognised Accounting Practices as prescribed by the PFMA.
ToenablethemembersoftheAccountingAuthoritytofulfiltheirresponsibilities,appropriatestandardsaresetandagreedattheirlevel, and require systems of internal control and risk management to be implemented. These are designed to provide reasonable assuranceagainstmaterialmisstatementsanddeficits.LegalAidSouthAfricamaintains internalfinancial controls toprovideassurance regarding the safeguarding of assets against unauthorised use or disposition as well as the maintenance of proper accountingrecordstoprovidereliablefinancialinformationforusewithintheorganisationorforpublication.
Theinternalcontrolscontainself-monitoringmechanisms,andactionsaretakentomitigateriskasidentified.Evenaneffectivesystemofinternal control, no matter how well designed, has inherent limitations, including the possibility of circumvention or the overriding of controls.
Aneffectivesystemofinternalcontrolthereforeaimstoprovidereasonableassurancethatfinancialinformationisaccurate,validandcomplete,toensurethatthefinancialstatementsfairlypresentthefinancialpositionofLegalAidSouthAfrica.
Theeffectivenessofinternalfinancialcontrolsmayvaryovertimeduetothechangesinconditions.
TheAccountingAuthorityhasreviewedLegalAidSouthAfrica’sbudgetsandcashflowforecastsfortheyear.Onthebasisofthisreview,andinviewofthecurrentfinancialposition,theAccountingAuthorityhaseveryreasontobelievethatLegalAidSouthAfrica will be a going concern in the current and year ahead. Accordingly, Annual Financial Statements have been prepared on the goingconcernbasis,sincetheAccountingAuthorityhaseveryreasontobelievethattheorganisationhassufficientresourcestocontinue in operation for the foreseeable future.
In 2015–2016 Legal Aid South Africa will have a budget cut of R62 million, which will be funded from the cash and cash equivalent reserves. This budget cut will not have an impact on the service delivery and the organisation will continue to be a going concern for the foreseeable future.
The Annual Financial Statements that appear on pages 108 to 151 were approved by the Accounting Authority on 25 July 2015 andsignedontheirbehalfby:
Vidhu Vedalankar Judge President Dunstan MlamboChiefExecutiveOfficer ChairpersonLegal Aid South Africa Legal Aid South Africa Johannesburg Johannesburg
FINANCIAL INFORMATIONFor the year ended 31 March 2015
111LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
REPORT OF THE ACCOUNTING AUTHORITY
The Members of the Accounting Authority present their report for the Annual Financial Statements. 1. IncorporationLegal Aid South Africa was established on 26 March 1969 in terms of Legal Aid Act (No. 22 of 1969). In December 2014 the President of the Republic approved a new Legal Aid South Africa Act (Act No.39 of 2014), which came into effect on the 1st of March 2015.
2. Business and operationsLegalAidSouthAfrica’sbusinessandoperations,andtheresultsthereofareclearlyreflectedintheattachedAnnualFinancialStatements. 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 resultsThe results of Legal Aid South Africa and the state of its affairs are set out in the attached Annual Financial Statements and do not, inouropinion,requirefurthercomments.Thefinancialpositionoftheorganisation,whichissetoutintheStatementofFinancialPosition,showsithasnoborrowings.LegalAidSouthAfrica’ssurplusonordinaryactivitiesfortheyearamountedtoR71193200(March2014:R44174179).
4. Property, plant and equipmentThere have been no major changes in the property, plant and equipment during the period or any changes in the policy relating to their use except the change in accounting estimates. The useful life of computer equipment was revised from its old useful life ofthreeyearstoanewusefullifeoffouryears.Theusefullifeofmotorvehicleswasrevisedfromitsoldusefullifeoffiveyearsto a new useful life of six years.
5. Members of the Accounting AuthorityThe members of the Accounting Authority of Legal Aid South Africa, all of whom are South Africans, during the accounting period anduptothedateofthisreportwereasfollows:Judge President D Mlambo – Chairperson* Judge E Molahlehi – Deputy Chairperson (Resigned on 31 May 2014) Mr J Maree* Adv. P du Rand Ms N Memka* MsNMgadza*Prof. Y Vawda*Ms M Naidoo*Adv. K PillayMs R Subban Ms T Mhlungu*Ms M Monama (Appointed 1 July 2014) Ms B Mxakwe MrWScholtzMr M Notyesi*Mr MNF Mvundlela (Appointed 31 October 2014)Ms A Rhoda* Mr JC Janse van Rensburg – Alternate member (Appointed 1 January 2015)Adv. R Jansen – Alternate member
* Term expired and were reappointed during the period under review.
6. Subsequent eventsNomaterialfactorcircumstancehasoccurredsincethefinancialpositionofthisreport.Johannesburg
FINANCIAL INFORMATIONFor the year ended 31 March 2015
112 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Statement of Financial Position
Notes
March2015
R
RestatedMarch
2014R
ASSETS
Non-current assets 156,774,516 127,103,385
Property, plant and equipment 2 148,340,663 118,709,633
Finance lease assets 2,1 4,444,775 4,938,768
Intangible assets 3 3,989,078 3,454,984
Non-current assets held for sale 4 - 23,261
Current assets 472,253,042 431,486,957
Trade and other receivables 5 1,259,080 421,818
Prepayments 6 1,475,879 6,152,554
Client trust funds 7 29,208,068 35,287,091
Deposits 8 1,751,291 1,936,750
Inventories 9 1,392,502 1,321,085
Cash and cash equivalents 10.a 437,166,222 386,367,659
Total assets 629,027,558 558,613,603
NET ASSETS AND LIABILITIES
Accumulated surplus 380,445,424 309,252,224
Non-current liabilitiesNon-currentportionoffinancelease 11 1,624,211 2,126,308
Employeebenefits 12 1,398,000 1,029,000
Current liabilities 245,559,923 246,206,071
Currentportionoffinancelease 11 2,449,617 2,816,596
Provisions 13 130,025,356 127,421,362
Client trust funds 14.a 29,208,068 35,287,091
Trade and other payables 14 83,876,882 80,681,022
Net assets and liabilities 629,027,558 558,613,603
FINANCIAL INFORMATIONFor the year ended 31 March 2015
113LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Statement of Financial Performance
Notes
March2015
R
RestatedMarch
2014R
Revenue 1,535,902,556 1,403,301,385
Non-exchange transaction
Grant 15 1,504,708,000 1,375,442,000
SASSETA Grant 16,1 - 1,757,933
Exchange transactions 31,194,556 26,101,452 Interest income 16 26,944,899 21,742,220
Other income 16,1 4,249,657 4,359,232
Expenses (1,464,709,356) (1,359,127,206)Personnel (1,109,425,549) (1,018,391,613)
Administrative 17 (131,379,453) (119,726,606)
Other expenses 17,1 (199,636,112) (200,321,586)
Depreciation and amortisation 10c (23,848,547) (20,133,225)
Finance costs 11,1 (419,695) (554,176)
Surplus for the period 71,193,200 44,174,179
Statement of changes in Net Assets
Notes R
Balance as at 31 March 2013 251,807,558
Net surplus for the year ended 31 March 2014 44,174,179
Balance as at 31 March 2014 295,981,737
Prior year adjustment 28 13,270,487
Restated balance as at 31 March 2014 309,252,224
Net surplus for the year ended 31 March 2015 71,193,200
Balance as at 31 March 2015 380,445,424
FINANCIAL INFORMATIONFor the year ended 31 March 2015
114 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Cash Flow Statement
Notes
March2015
R
RestatedMarch
2014R
CASH FLOW FROM OPERATING ACTIVITIES
Receipts 1,533,767,381 1,399,897,304
Grant 1,504,708,000 1,375,442,000
Interest received 26,944,899 21,742,220
Other receipts 2,114,482 2,713,084
Payments (1,430,738,501) (1,336,931,578)
Employee costs (1,109,425,549) (1,018,391,613)
Suppliers (320,893,257) (317,985,789)
Finance costs (419,695) (554,176)
Net cash flow from operating activities 10.c 103,028,880 62,965,726
CASH FLOWS FROM INVESTING ACTIVITIES
Proceeds on disposals of property, plant and equipment 2 4,319,125 4,240,131
Acquisition of property, plant and equipment 2 (52,224,260) (20,683,199)
Acquisition of Intangible assets 3 (1,302,428) (580,015)
Cash flows from investing activities (49,207,564) (17,023,083)
CASH FLOWS FROM FINANCING ACTIVITIES
Finance Leases (3,022,753) (2,041,613)
Cash flow from financing activities (3,022,753) (2,041,613)
Increase in cash and cash equivalents 50,798,563 43,901,030
Cash and cash equivalents at beginning of the year 386,367,659 342,466,629
Cash and cash equivalents at end of the year 10.a 437,166,222 386,367,659
FINANCIAL INFORMATIONFor the year ended 31 March 2015
115LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Statement of Comparison of Budget and Actual Amounts
Approved Budget
R
Final Budget
RActuals
R
Difference between final
budget and Actuals
R
% Difference
Revenue 1,483,408,020 1,591,311,658 1,605,006,214 (13,694,556)
Grant 1,465,908,020 1,504,708,000 1,504,708,000 - 0%
Interest income 17,500,000 17,500,000 26,944,899 (9,444,899) -54%
Other income - - 4,249,657 (4,249,657) -100%
Rollover funding - 69,103,658 69,103,658 -
Reversal of provisions - - - -
Expenses (1,493,491,457) (1,522,115,353) (1,464,709,356) (57,405,997)Personnel (1,132,970,654) (1,114,376,908) (1,109,425,549) (4,951,359) 0%
Administrative (138,904,374) (142,073,319) (131,379,453) (10,693,866) 8%
Other expenses (179,469,218) (223,517,915) (199,636,112) (23,881,803) 11%
Depreciation and amortisation (42,147,211) (42,147,211) (23,848,547) (18,298,664) 43%
Finance Costs - - (419,695) 419,695 100%
Capital Expenditure (32,063,774) (111,343,515) (53,526,688) (57,816,827) 52%
Depreciation–noncashflowitem 42,147,211 42,147,211 23,848,547 18,298,664 43%
Surplus for the period (0) 0 110,618,717 (110,618,717) -100%
The 2014–2015 approved budget was prepared on cash basis and Financial Statements are presented on the accrual basis. The approved budget was for the period 1 April 2014 to 31 March 2015. The variances in line items between the approved budget andfinalbudgetwereduetothefollowing:• Approvedtransferseffectedduringthefinancialyear.• The54%varianceoninterestismainlyduetohigherinterestreceivedthanbudgeted.• The100%varianceonotherincomeismainlyduetoprofitonsaleoffixedassetsandsundryincomewhichwerenot
projected for.• 11%varianceonotherexpensesisduetodelayedprocurementofvehicletrackingdevices,signageandbrandingand
other expense items.• 43%varianceondepreciationismainlyduetofixedassetswhichwerefullydepreciatedinthecurrentyearandthechange
in estimate extending the useful lives of assets.• 100%varianceonfinancecosts is related to thecapitalisationofphotocopiers (finance leases)and the re-evaluation
ofthepostretirementbenefit.• 52%varianceoncapitalexpenditureisduetodelayedprocurementofothercapitalassets.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
116 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
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 respect, 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), the Treasury Regulations for Departments and Constitutional Institutions issued in terms of the Act and the Division of Revenue Act, No.6 of 2011.
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. Thisbasisassumesthatfundswillbeavailabletofinancefutureoperationsandthattherealisationofassetsandsettlementofliabilities, 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 Accounting Authority, except where noted, are consistent in all material respects with those applied in the previous year. The annual Financial Statements have been prepared on the historical cost basis and at fair value where applicable.
ComparativefiguresarereclassifiedhavingregardtothecriteriafortheselectionandapplicationofaccountingpoliciesintheStandard of Generally Recognised Accounting Practice, where necessary.
All amounts have been presented in the currency of South African Rand, which is the functional currency of the Legal Aid South Africa.
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 ofLegalAidSouthAfrica.Theadoptionofthestandardswouldnothavematerialchangesonthepresentationofthefinancialstatementsorprioryearbalance,butwillimprovethepresentationofthefinancialstatements.Thestandardsandinterpretations,where applicable, will be adopted in the year they become effective.
Title Name Nature Date effective Date appliedGRAP 18 Segment reporting Disclosure 1 April 2015 Not applicable to the organisation
GRAP 20 Related party disclosure Disclosure Not yet known On effective date
GRAP 32 Serviceconcessionarrangements:Grantor
Disclosure Not yet known Not applicable to the organisation
GRAP 105 Transfer of functions between entities under common control
Disclosure 1 April 2015 Not applicable to the organisation
GRAP 106 Transfer of functions between entities not under common control
Disclosure 1 April 2015 Not applicable to the organisation
GRAP 107 Mergers Disclosure 1 April 2015 Not applicable to the organisation
GRAP 108 Statutory receivables Disclosure Not yet known Not applicable to the organisation
FINANCIAL INFORMATIONFor the year ended 31 March 2015
117LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.1. Cash flowThecashflowstatementispreparedinaccordancewiththedirectmethod.Specificinformationhasbeenpresentedseparatelyonthestatementoffinancialpositionsuchas:i. Receivables from exchange transactionsii. Trade and other payables from non-exchange transactions
1.2. Budget NoteLegal Aid South Africa prepares its annual budget on a cash basis in terms of the PFMA and National Treasury Medium Term Expenditure Framework guidelines issued yearly. The budget is approved by the Accounting Authority before the commencement ofthenewfinancialyear.Thestatementoffinancialperformanceispreparedonanaccrualbasis.
1.3. Revenue recognitionRevenueisthegrossinflowofeconomicbenefitsorservicepotentialreceivedduringthereportingperiodwhenthoseinflowsresult 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. Revenueisrecognisedwhenthefollowingcriteriahavebeenmet:• Probableinflowofeconomicbenefitsorservicepotential.• Fairvalueoftheassetcanbemeasuredreliably.
GrantRevenue received from unconditional grants is recognised in the period when received or receivable. The grant Legal Aid South Africa received is unconditional.
Other incomeLegal Aid South Africa 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.
Interest incomeInterest is recognised on a time proportion basis that takes into account, the effective yield on assets.
1.4. Significant judgements and estimatesInpreparingthefinancialstatements,managementmakesestimatesandassumptionsthataffecttheamountspresentedinthefinancialstatementsand relateddisclosures.Useofavailable informationand theapplicationof judgement is inherent in theformation of estimates. Actual results in the future could differ from these estimates, which may be material to Annual Financial Statements.SignificantjudgementsandestimatesincludeJudicareprovision,provisionfordoubtfuldebts,employeebenefitsanduseful lives and depreciation or amortisation methods and asset impairment.
ProvisionsProvisions are recognised when Legal Aid South Africa has a present legal or constructive obligation as a result of past events, itisprobablethatanoutflowofresourcesembodyingeconomicbenefitswillberequiredtosettletheobligation,andareliableestimate 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 provisionJudicare provisions are recognised when Legal Aid South Africa has a present legal or constructive obligation as a result of past events,forwhichitisprobablethatanoutflowofeconomicbenefitswillberequired.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
118 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Critical accounting estimates on Judicare provisionIntheprocessofapplyingtheAccountingAuthority’saccountingpolicies,managementhasmadethefollowingjudgementsthathavethemostsignificanteffectontheamountsrecognisedintheFinancialStatements:• Thecalculationforthisprovisionisbasedonanumberoffactors,whichincludepreviousexperienceinclaimspatterns,
claims settling patterns, and trends in claims frequency, to settle the obligation, and a reliable estimate can be made of the amount of the obligation.
Outstanding claims ClaimsoutstandingcompriseprovisionfortheAccountingAuthority’sestimateoftheultimatecostofsettlingallclaimsincurredbut not yet reported at reporting date. Claims outstanding are determined as accurately as possible, based on a number of factors, which include previous experience in claims pattern, claims settlement patterns, changes in the nature and number of cases according to incidence, trends in claims frequency, changes in the claims processing cycle, and variations in the nature and average cost incurred per claim.
Contingent LiabilitiesContingent liabilities are possible obligations that arise frompast events andwhoseexistencewill be confirmedonly by theoccurrence or non-occurrence of one or more uncertain future events not wholly within control of the entity or a present obligation thatisnotrecognisedbecausetheoutflowofeconomicbenefitsorservicepotentialisnotprobableandorrealpresentobligationthat may not be recognised, either because the timing or the measurement is not known.
1.5. ImpairmentThe 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 thestatementoffinancialperformance.
Theorganisation’sproperty,plantandequipmentincludingintangibleassetsareclassifiedasnon-cashgeneratingassets,astheyarenotusedtogenerateprofitbuttoprovidelegalservices.
Impairment of non-cash generating assetsThe 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 half yearly to determine if there is any indication that the assets are impaired. The entity determines the recoverable services amount where there is indication of impairment of assets.
Intangibleassetswithanindefiniteusefullifeareassessedforimpairmentattheendoftheyear.
Inassessingwhetherthereisanyindicationofimpairment,thefollowingindicatorsareconsidered:(a) Cessation, or near cession of the demand or need for services provided by the asset.(b) Significantlong-termchangeswithanadverseeffectontheentityhavetakenplaceduringtheperiod,orwilltakeplacein
the near future, in the technological, legal or government policy environment in which the entity operates.(c) Evidence is available of physical damage of an asset.(d) Significantlong-termchangeswithanadverseeffectontheentityhavetakenplaceduringtheperiod,orareexpectedto
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, which an asset belongs, or plans to dispose of an asset before the previously expected date.
(e) Evidenceisavailablefrominternalreportingthatindicatesthattheserviceperformanceofanassetis,orwillbe,significantlyworse than expected.
Theimpairmentlossisrecognisedimmediatelyinthestatementoffinancialperformance.
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.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
119LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.6. Property, plant and equipmentThe cost of an item of property, plant and equipment is recognised as an asset when• itisprobablethatfutureeconomicbenefitsorservicesassociatedwiththeitemwillflowtotheentity;and• thecostorfairvalueoftheitemcanbemeasuredreliably.
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 cost incurred initially to acquire or construct an item of property, plant and equipment and 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.
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, 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 foruse.Thedepreciationratesapplicabletoeachcategoryofproperty,plantandequipmentareasfollows:
%Estimated useful life
Land 0% Infinite
Building 4% 25 years
Building improvements 20% 15 to 20 years
Motor vehicles 16,67% 8 to 15 years
Furnitureandfittings 20% 15 to 20 years
Leasehold improvements Lease term Lease term
Fittingandfixtures 10% 3 to 10 years
Computer equipment 25% 5 to 15 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 in account in assessing the useful lives of assets.
• Expectedusageoftheasset.• Expectedphysicalwearandtear,whichdependsonoperationalfactorsoftheasset.• Technicalobsolescencearisingfromchangesinthemarketdemandorserviceoutputoftheasset.• Legalorsimilarlimitsontheuseoftheasset,suchastheexpirydatesofrelatedleases.
The residual values are determined by considering the expected market demand of the asset at the end of its lifespan, the market value of similar asset that had 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.
Repairsandmaintenancenotdeemed toenhance theeconomicbenefitsor servicepotential of itemsof property, plant andequipment are charged to income during the period in which they are incurred.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
120 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
DepreciationDepreciationisrecognisedinsurplusanddeficitonastraightlinebasisovertheestimatedusefullifeofeachpartofanitemofproperty,plantandequipment.Landisnotdepreciatedasitisdeemedtohaveanindefiniteusefullife.
Whensignificantcomponentsofanitemofequipmenthaveusefullivesorresidualvalues,theyareaccountedforasseparateitems (major components) of equipment.
Leasehold improvements relate to refurbishments and partitioning of buildings that are leased. These are depreciated over the lease period.
Gainsanddeficitsondisposalofproperty,plantandequipmentaredeterminedbyreferencetotheircarryingamountandaretaken into account in determining operating surplus.
1.7. Intangible assetsIntangible assets consist of computer software.
Thecostofanitemofintangibleassetisrecognisedasanassetwhen:• itisprobablethatfutureeconomicbenefitsorservicesassociatedwiththeitemwillflowtotheentity;and• thecostorfairvalueoftheitemcanbemeasuredreliably.
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 or fair value if acquired through non-exchange transaction.
Cost includes the purchase price, developmental costs incurred in preparing the intangible asset to be ready for use and discounts received on acquisition including service costs. Intangible assets are carried at cost less accumulated depreciation 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 are capitalised as a new asset and the initial asset is derecognised.
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.
Theassetsaregenerallyamortisedover2to10years.Thoseassetsthatwillbeusedforindefiniteperiodarenotdepreciated.
Theassets’usefullivesarereviewed,andadjustedifappropriate,ateachreportingdate.Theresidualvaluesofintangibleassetswere reassessed at year end.
Theassetsclassifiedasindefiniteareevaluatedatyearendtoassessforimpairmentandwhethertheyarestillconsideredtobeindefinite.Wheretheassetsceasetobeclassifiedasindefiniteassets,theyareamortisedovertheremainderoftheirusefullife.During the year under review there were no assets whose useful lives had changed.
1.8. Leased assetsAleaseisclassifiedasafinanceleaseif it transferssubstantiallyall therisksandrewardsincidentaltoownership.Aleaseisclassifiedasanoperatingleaseifitdoesnottransfersubstantiallyalltherisksandrewardstoownership.
Finance leasesFinanceleasesarerecognisedasassetsandliabilitiesinthestatementoffinancialpositionatamountsequaltothefairvalueof the leased property or, if lower the present value of the minimum lease payments. Finance lease payments are apportioned betweenthecapitalandtheinterestportions.Theinterestisexpensedinthestatementoffinancialperformance.Theleaseassetsare 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.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
121LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Operating leasesOperating lease payments are straight lined and recognised as an expense over the period of the lease in the statement of financialperformance.TheoperatingleasecommitmentsaredisclosedinthenotestotheFinancialStatements.
1.9. Non-current assets held for saleAllassetsthathavebeenreplacedintermsofassetreplacementprogramareclassifiedasnon-currentassetsheldforsale.Allnon-current assets held for sale are measured at lower of its carrying amount and fair value less costs to sell. These assets are recoveredthroughsaletotheentity’semployees,scrappingordonationswithin12monthsfromdateofreplacement.Allnon-currentassetsheldforsaleceasetodepreciatefromthedatetheyareclassifiedasnon-currentassetsheldforsale.
1.10. TaxationNo provision is made for taxation and value added tax as Legal Aid South Africa is exempt in terms of section 10(1)(CA) of the Income Tax Act.
1.11. Financial instrumentsFinancial instrumentsarerecognisedonthestatementoffinancialpositionwhenLegalAidSouthAfricabecomespartytothecontractual provisions of the instrument. Financial instruments include cash and bank balances, receivables and trade payables. Thesefinancialinstrumentsaregenerallycarriedattheirestimatedfairvalue,whichistheamountforwhichanassetcouldbeexchanged,oraliabilitysettled,betweenknowledgeableandwillingpartiesinanarm’slengthtransaction.
Thechangerelatestoclassificationoffinanceleasepayablebeingclassifiedasfinancial instruments.Thefinanceleasesaremeasured in accordance with GRAP 13.
Financial assetsLegalAidSouthAfrica’sprincipalfinancialassetsaretradereceivablesandbankandcashbalances.
RecognitionFinancial instruments are initially recognised using the trade date accounting method.
MeasurementFinancial 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.
LegalAidSouthAfrica’sprincipalfinancialliabilitiesaretradepayables.
Trade and other receivablesTrade and other receivables at initial recognition are measured at fair value, and are subsequently measured at the amortised cost using the effective interest rate method. Appropriate allowances for estimated irrecoverable amounts are recognised in surplus or deficitwhenthereisobjectiveevidencethattheassetisimpaired.
Receivables included in the Statement of Financial Position arise from staff overpayments that are recoverable.
Receivables outstanding at year end are carried in the Statement of Financial Position at amortised cost. • Anestimateofdoubtfuldebtsismadebasedonareviewofalloutstandingindividualamountsatstatementofpositiondate.
Provision for doubtful debts is made for trade receivables outstanding for 365 days and any other debts deemed doubtful.
Theamountofthelossismeasuredasthedifferencebetweentheasset’scarryingamountandthepresentvalueofestimatedfuturecashflows (excluding futurecredit losses thathavenotbeen incurred)discountedat the receivable’soriginaleffectiveinterest rate (i.e. the effective interest rate computed at initial recognition).
The carrying amount of the receivable is reduced through the use of a provision for doubtful debts account. The amount of the lossisrecognisedinsurplusordeficit.
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.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
122 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Legal Aid South Africa has short-term payables and receivables and interest is not charged due to terms granted being consistent with the public sector terms.
Cash and cash equivalentsCash and cash equivalents comprise cash at bank and deposits held on call with banks.Cash and cash equivalents are initially recorded at fair value and subsequently at amortised costs.
Depositsheldoncall,and investments inmoneymarket instrumentsareclassifiedasfinancialassetsheldatamortisedcostoriginated 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.
Trade and other payablesTrade and other payables are initially measured at fair value, subsequently measured at amortised cost, using the effective interest rate method.
Tradeandotherpayablesareclassifiedasfinancialliabilitiesatamortisedcost.
Derecognition of financial instrumentsFinancialassetsarederecognisedwhentheentitylosescontrolofthecontractualrightsthatcomprisesthefinancialassets.LegalAidSouthAfricalosessuchcontrolifrighttobenefitsspecifiedinthecontractarerealised,therightsexpireortheorganisationsurrenders those rights.
Financial liabilities are derecognised when the obligation is discharged, cancelled, or expires.
1.12. Employee Benefits
(a) Short-term employee benefitsThecostofshort-termemployeebenefits,(thosepayablewithin12monthsaftertheserviceisrendered,suchaspaidvacationleave,sickleave,bonusesandnon-monetarybenefitssuchasmedicalcare)arerecognisedintheperiodinwhichtheserviceisrendered, 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 plansLegalAidSouthAfricacontributestoadefinedbenefitpensionscheme,whichrequirescontributionstobemadetoaseparatelyadministered fund.
Existing employeesPast service costs, experience adjustments, the effects of changes in actuarial assumptions and the effects of plan amendments inrespectofexistingemployeesinadefinedbenefitplanarerecognisedasanexpenseorasincomesystematicallyovertheexpected average remaining working lives of those employees (except in the case of certain plan amendments where the use of ashortertimeyearisnecessarytoreflectthereceiptofeconomicbenefitsbytheenterprise).
Plan terminations, curtailments and settlements Whenitisprobablethatadefinedbenefitplanwillbeterminatedorthattherewillbeacurtailmentorsettlementoftheretirementbenefitspayableunderthatplan:i. resultingincreaseintheretirementbenefitcostisrecognisedasanexpenseimmediately,andii. any resulting gain is recognised as income in the year in which the termination, curtailment or settlement occurs.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
123LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
(c) Post-retirement medical benefitThedefinedbenefit obligation, the related current cost and,where applicable, past service costs, is determinedby using theProjected Unit Credit Method. A portion of the actuarial gains and losses is recognised as income or expense in the year it occurs.
Unvestedpast services cost is recognisedasanexpenseon the straight-linebasis over theaverage year until thebenefitsbecomevested,whilevestedpastservicecostsarerecognisedasanexpenseinthestatementoffinancialperformance.
1.13. Materiality Section55(2)of thePFMAspecifiescomponentsof theFinancialStatements thathave to take intoaccount tolerance levelsboth in termsof financial, non-financial anddisclosureof specific information such that it enables theExecutiveAuthority toeffectivelyperformtheirfiduciaryduties.LegalAidSouthAfricahasanapprovedframeworkofacceptablelevelsofmaterialityandsignificance.
1.14. Services received in kindServicesreceivedinkindconsistprimarilyofattendancebycertainLegalAidSouthAfrica’smemberstoAccountingAuthorityandcommittee meetings without remuneration due to their full-time employment in the public sector. Legal Aid South Africa cannot reliablydeterminea fairvalue for thisbenefit,andasaresultdoesnot recognise thevalueof theseservicesreceived in theStatement of Financial Performance.
1.15. Irregular or fruitless and wasteful expenditureIrregular expenditure means expenditure, other than unauthorised expenditure, incurred in contravention of, or that is not in accordancewiththerequirementsofanyapplicablelegislationfromthedefinitioninthePFMA.Fruitlessandwastefulexpendituremeans expenditure that was made in vain and would have been avoided had reasonable care been exercised.
All expenditure relating to irregular, fruitless and wasteful expenditure is recognised as an expense in the Statement of Financial Performance in the period that the expenditure was incurred and additional disclosure as required by Treasury Regulations and the PFMA is made in the notes to the Financial Statements.
1.16. Unauthorised expenditureUnauthorisedexpendituremeans:(a) overspending of a vote or a main division within a vote; and(b) expenditure not in accordance with the purpose of a vote or in the case of a main division, not in accordance with the
purpose of the main division.
Allexpenditurerelatingtounauthorisedexpenditureisrecognisedasanexpenseinthestatementoffinancialperformanceintheperiod that the expenditure was incurred.
Theexpenditureisclassifiedinaccordancewiththenatureoftheexpense,andwhererecovered,itissubsequentlyaccountedforasrevenueinthestatementoffinancialperformance.
1.17. Related partiesAllparties thathave theability tocontrolorexercisesignificant influenceoverLegalAidSouthAfrica inmakingfinancialandoperating 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 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.
Non-arm’slengthtransactionsaredisclosed.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
124 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1.18. Client trust fundsThese constitute amounts received from estate lates 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. DepositsThese constitute amounts held by landlords for the various buildings leased by the entity and travel agencies. Deposits are initially recorded at fair value and subsequently at amortised cost.
1.20. InventoriesInventoriesarerecognisedasanassetif:(a) Itisprobablethefutureeconomicbenefitsorservicepotentialassociatedbenefitsorservicepotentialassociatedwiththe
itemwillflowtotheentity.(b) The cost of the inventories can be measured reliably.
Inventories are initially measured at the lower of cost and current replacement cost.
The cost of inventory comprises all cost of purchase.
Thecostofinventoryissubsequentlyvaluedandmeasuredbyusingthe’firstin,firstout’(FIFO)method.Theunitcostpriceofthe last item acquired is applied to value the stock on hand.
1.21. Going concernTheaccountingauthorityreviewsLegalAidSouthAfrica’sbudgetsandcashflowforecastsfortheyear.Onthebasisofthisreview,andinviewoftheorganisation’scurrentfinancialposition,theaccountingauthorityassessestheorganisationsgoingconcerninthecurrentandyearahead.TheFinancialStatementsarepreparedonagoingconcernbasisbasedontheaccountingauthority’sassessment.
1.22. Subsequent eventsNomaterialfactorcircumstancehasoccurredbetweenthefinancialpositiondateandthedateofthisreport.
1.23. PrepaymentsThe prepayments mainly comprise the system related costs, which are paid on an annual basis.
These prepayments are initially recognised at fair value and subsequently measured at amortised cost.
1.24. Change in accounting estimatesChange in estimates is an adjustment of the carrying amount of an asset or a liability, or the amount of the periodic consumption of anasset,thatresultsfromtheassessmentofthepresentstatusof,andexpectedfuturebenefitsandobligationsassociatedwith,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 periods is disclosed in the notes.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
125LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Notes to the Financial Statements
2. Property, plant and equipment
March2015
March 2014
Cost R
Accumu-lated
depreciationR
Carryingvalue
RCost
R
Accumu-lated
depreciationR
Carryingvalue
R
Owned assets
Land 1,788,000 - 1,788,000 1,788,000 - 1,788,000
Building 21,981,000 5,167,340 16,813,660 21,981,000 4,288,100 17,692,900
Building improvements 14,209,458 4,859,269 9,350,189 13,022,407 3,632,982 9,389,425
Motor vehicles 64,423,493 7,551,910 56,871,583 55,923,706 10,095,472 45,828,234
Furniture and equipment 22,492,739 20,393,589 2,099,150 29,357,121 27,490,977 1,866,144
Fittingandfixtures 2,943,836 1,916,686 1,027,150 2,943,836 1,622,948 1,320,888
Leasehold improvements 31,643,968 19,746,068 11,897,900 28,666,169 23,080,699 5,585,470
Computer equipment 89,021,765 40,528,735 48,493,031 79,628,690 44,390,118 35,238,572
248,504,259 100,163,597 148,340,663 233,310,929 127,871,785 118,709,633
Thecarryingamountsofproperty,plantandequipmentcanbereconciledasfollows:
Reconciliation of property, plant and equipment – March 2015
Carrying value at
beginning of year
RAdditions
RDisposals
RDepreciation
R
Restatement of Acc Dep
R
Carrying value at
end of yearR
Owned assets
Land 1,788,000 - - - - 1,788,000
Building 17,692,900 - - (879,240) - 16,813,660
Building improvements 9,389,425 1,187,051 - (1,226,287) - 9,350,189
Motor vehicles 45,828,234 14,971,588 (697,737) (3,230,502) - 56,871,583
Furniture and equipment 1,866,144 1,773,721 (29,549) (1,511,165) - 2,099,150
Fittingandfixtures 1,320,888 - - (293,738) - 1,027,150
Leasehold improvements 5,585,470 6,972,500 (426,972) (233,098) - 11,897,900
Computer equipment 35,238,572 27,319,401 (1,006,430) (13,058,513) - 48,493,031
118,709,633 52,224,260 (2,160,688) (20,432,542) - 148,340,663
LandLand is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The land measures 1,490 square metres. It was transferred to Legal Aid South Africa on 4 September 2008. The land has been stated at the cost.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
126 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
BuildingBuilding is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division GautengProvince.Themulti-levelofficebuildingmeasuresapproximately1,490squaremetres.Itwastransferred(sold)toLegalAid South Africa on 4 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 the Legal Aid House. The building was revaluated by an independent valuator JO Schoonraad on 23 September 2011 and the market value is R 29,9 million.
Reconciliation of property, plant and equipment – March 2014
Carrying value at
beginning of year
R
AdditionsR
DisposalsR
DepreciationR
Restatement of Acc Dep
R
Transfers R
Carrying value at
end of yearR
Owned assetsLand 1,875,132 - (87,132) - - - 1,788,000
Building 18,572,140 - - (879,240) - - 17,692,900
Building Improvements
6,935,632 594,456 (19,411) (1,795,696) 3,674,443 - 9,389,425
Motor vehicles 50,038,149 4,592,715 (323,993) (1,669,826) (6,808,811) - 45,828,234
Furniture and equipment
1,699,437 708,021 (10,657) (1,975,572) 1,444,914 - 1,866,144
Fittingandfixtures 1,614,626 - - (293,738) - - 1,320,888
Leasehold improvements
4,735,312 1,747,527 (227,190) (670,179) - - 5,585,470
Computer equipment 16,297,407 13,063,741 (190,928) (9,533,233) 14,959,941 641,644 35,238,572
101, 767,835 20,706,460 (859,311) (16,817,484) 13,270,487 641,644 118,709,633
LandLand is described as ERF 49947, portion of ERF 15610 Mitchells Plain, situated in the City of Cape Town, Cape Division Western Cape Province. It measures 2014 square metres. Land has been stated at cost price of R87,132 due to the fact that the title agreementhastheconditiontotheeffectthatthepropertyshallbeutilisedfortheestablishmentofanofficeofLegalAidSouthAfrica. In the event that Legal Aid South Africa does not utilise the property as stipulated in the agreement, or be no longer required for such purpose, the property shall revert to the City of Cape Town. The municipality will refund Legal Aid South Africa the purchase price paid less any administration charges paid.
Land is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The land measures 1,490 square metres. It was transferred to Legal Aid South Africa on 4 September 2008. The land has been stated at the cost.
BuildingBuilding is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division GautengProvince.Themulti-levelofficebuildingmeasuresapproximately1490squaremetres. Itwas transferred toLegalAidSouth Africa on 4 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 the Legal Aid House. The building was revaluated by an independent valuator JO Schoonraad on 23 September 2011 and the market value is R 29,9 million.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
127LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2.1 Finance Lease assets
March2015
March2014
Cost R
Accumu-lated
depreciationR
Carryingvalue
RCost
R
Accumu-lated
depreciationR
Carryingvalue
R
Photocopiers and routers 9,716,827 5,272,052 4,444,775 7,563,150 3,150,011 4,413,139
Cell phones - - - 1,341,942 816,313 525,629
9,716,827 5,272,052 4,444,775 8,905,092 3,966,324 4,938,768
Reconciliation of property, plant and equipment – March 2015
Finance Leased assets
Carrying value at
beginning of year
RAdditions
RDisposals
RDepreciation
R
Re- classification
R
Carrying value at
end of yearR
Photocopiers and routers 4,413,139 2,153,677 - (2,640,621) 518,580 4,444,775
Cell phones 525,629 - - (7,049) (518,580) 0
4,938,768 2,153,677 - (2,647,670) - 4,444,775
Reconciliation of property, plant and equipment – March 2014
Finance Lease assets
Carrying value at
beginning of year
R Additions
RDisposals
RDepreciation
R
Re- classification
R
Carrying value at
end of yearR
Photocopiers 3,463,161 3,321,238 - (2,371,261) - 4,413,139
Cell phones* 1,189,967 - (422,111) (242,226) - 525,629
4,653,128 3,321,238 (422,111) (2,613,487) - 4,938,768
* Legal Aid South Africa took a decision to provide a taxable cellphone allowance to the employees who are entitled to cellphone benefits.Allcellphoneleasecontractswillnotberenewedwhentheexistingcontractsexpire.The2014–2015financialyearwillbe the last period in which cellphone leases will be operational.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
128 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
3. Intangible assets
March2015
March2014
Cost R
Accumu-lated
amortisationR
Carryingvalue
RCost
R
Accumu-lated
amortisationR
Carryingvalue
R
Computer software 12,369,146 8,380,069 3,989,078 11,275,879 7,820,895 3,454,984
Reconciliation of intangible assets – March 2015
ThecarryingamountsofIntangibleassetscanbereconciledasfollows:
Carrying value at
beginning of year
RAdditions
RDisposals
RAmortisation
RTransfer
R
Carrying value at
end of yearR
Computer software 3,454,984 1,302,429 - (768,334) 3,989,078
Reconciliation of intangible assets – March 2014
Carrying value at
beginning of year
RAdditions
RDisposals
RAmortisation
RTransfers
R
Carrying value at
end of yearR
Computer software 4,242,130 580,015 - (702,256) (664,905) 3,454,984
4. Non-current assets held for sale
March2015
R
March2014
R
Assets related to computer hardware - 23,261
FINANCIAL INFORMATIONFor the year ended 31 March 2015
129LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
5. Trade and other receivables – exchange transactions
March2015
R
March2014
R
Trade receivables 2,334,820 1,900,113
Provision for doubtful debts (1,205,262) (1,604,468)
Other receivables 129,522 126,173
1,259,080 421,818
5.1 Reconciliation of doubtful debt provision
Balance at the beginning of the period 1,604,468 1,361,676
Bad debts written off (235,155) (624,439)
Increase/(decrease) in provision for doubtful debts (164,051) 867,231
1,205,262 1,604,468
6. Prepayments
Prepayments 1,475,879 6,152,554
1,475,879 6,152,554
Prepayments relate mainly to payments in advance for software licences.
7. Client trust funds
Client trust funds 29,208,068 35,287,091
29,208,068 35,287,091
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 14a.
8. Deposits
These constitute mainly amounts paid to landlords as security for rent repayment. 1,751,291 1,936,750
Thetotaldepositaboveisclassifiedasfollows:
Laterthanoneyearandnotlaterthanfiveyears 1,464,516 1,175,672
Not later than one year 286,775 761,078
1,751,291 1,936,750
FINANCIAL INFORMATIONFor the year ended 31 March 2015
130 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
8.1 Deposit Reconciliation
March2015
R
March2014
R
Opening balance 1,936,750 1,785,087
Recoveries (47,977) (1,200)
Deposits expensed (24,603) (10,589)
Deposits moved to debtors (161,241) (17,211)
Deposits written off (16,552) -
New deposits for the year 64,914 180,663
Closing balance 1,751,291 1,936,750
9. Inventories
Stationery on hand 1,392,502 1,321,085
1,392,502 1,321,085
Inventories relate to stationery on hand that will be consumed during the normal operation of the entity. There was no amount of inventories that was written off or reversed or pledged as a security.
9.1 Reconciliation for inventory
Stationery – March 2015
Carrying value at
beginning of year
R
Additionsduring the
yearR
Inventories expensed
revised/ written off
R
Carrying value at
end of yearR
Stationery on hand 1,321,085 1,392,502 (1,321,085) 1,392,502
Stationery – March 2014
Carrying value at
beginning of year
R
Additionsduring the
yearR
Inventories expensed
revised/ written off
R
Carrying value at
end of yearR
Stationery on hand 1,097,130 1,321,085 (1,097,130) 1,321,085
FINANCIAL INFORMATIONFor the year ended 31 March 2015
131LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
10. Notes to cash flow statement
March2015
R
March2014
R
a) Cash and cash equivalentsCash and cash equivalents consist of cash on hand and balances with banks and investments inmoneymarket instruments.Cashandcashequivalents included in thecashflowstatementcomprisethefollowingstatementofamountsindicatingfinancialposition:
Funds held with the corporation for public deposits 431,225,389 377,583,731
Bank balance and cash on hand 5,940,833 8,783,928
437,166,222 386,367,659
b) Property, plant and equipmentDuring the year, Legal Aid South Africa acquired property, plant and equipment of R52,224,260 by means of grants allocated by the national government.
c) Cash generated by operating activities
Reconciliationofnetcashflowsfromoperatingactivitiestosurplus
Net surplus 71,193,200 44,174,178
Non-cash flow movementDepreciation 23,080,212 19,430,969
Amortisation 768,334 702,256
(Decrease)/increase in provision 2,972,994 (4,856,153)
Increase/(Decrease) in payables
3,195,860 10,761,416
Increase/(Decrease) in inventories (71,417) (223,956)
(Gains)/losses on sale of property plant and equipment (2,135,176) (3,404,082)
Debts written off 235,155 624,439
Decrease/(increase) in receivables 3,789,716 (4,243,341)
103,028,880 62,965,726
11. Finance Leases
Interest bearing borrowingsNoncurrentportionoffinanceleases 1,624,211 2,126,308
Currentportionoffinanceleaseliability 2,449,617 2,816,596
Total lease liability 4,073,828 4,942,904
FINANCIAL INFORMATIONFor the year ended 31 March 2015
132 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
The interest bearing borrowings are secured by photocopier machines. The liabilities are repayable in equal monthly instalments on the 1st day of the month at prime interest rates respectively (see note 2.1).
LegalAidSouthAfricaentered intofinance leasearrangementswithdifferent lessors inrespectofphotocopymachinesandrouters. The period of the lease agreements range from 36 months to 60 months respectively with the liability repayable in equal monthly instalments. The cellphone lease agreements are for 24 months and repayable in equal instalments.
Reconciliation of minimum lease payments with their present values
March2015
March2014
Up to 1 year R
2–5 yearsR
TotalR
Up to 1 yearR
2–5 yearsR
TotalR
Minimum lease payments 2,712,120 1,745,883 4,458,003 3,018,401 2,236,555 5,254,955
Finance charges 252,905 121,673 374,578 201,965 111,968 313,933
Fair value adjustment (9,598) 0 (9,598) (160) (1,722) (1,882)
Present value 2,449,617 1,624,210 4,073,828 2,816,596 2,126,308 4,942,904
March2015
March2014
Net Cash Flow
Finance lease cashflow reconFinance lease assets 4,444,774 4,938,768 493,994
Finance lease liability (4,073,828) (4,942,905) (869,077)
Depreciationonfinanceleases (2,647,670) (2,613,487) 34,183
(2,276,726) (2,617,624) (340,900)
11.1 Finance Costs
March2015
R
March2014
R
Finance lease obligation 419,695 554,176
Financecostsrelatetofinancechargesforphotocopierandfaxesfinanceleases.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
133LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
12. Employee benefits
Pensions
Defined benefit retirement planLegalAidSouthAfricacontributestoadefinedbenefitretirementplanforthebenefitofallemployees.Duringtheperiod,LegalAidSouthAfricacontributedR78,353,181.(2014:R70,006,913)totheplan.TheplanisgovernedbythePensionFundsAct,1956 (Act no. 24 of 1956). The assets of the plan are administered by trustees in a fund independent of the 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 shortfallorsurplusthatmayarise.Thedisclosureforthisplanisdoneinaccordancewithdefinedcontributionplanduetothefollowing 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.
MedicalLegal 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 2015. The principal assumptions adopted by the actuary are that discount rates will be 7.72%, investment returns will average 5.96%. Medical costs trend rates 7.46% above CPI. The actuarial valueofthepromisedbenefitsisR1,398,000(2014:R1,029,000)whichhasbeenrecognisedasaliabilityinthepast.
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
Post-retirement benefit March 2015
March2015
R
March2014
R
Post-retirementmedicalaidbenefits 1,398,000 1,029,000
1,398,000 1,029,000
Liability at the beginning of the year 1,029,000 1,445,000
Interest cost 72,000 76,000
Actuarial (losses)/gains 445,000 (379,000)
Contribution payments (148,000) (113, 000)
1,398,000 1,029,000
R1,398,000(2014:R1,029,000)ofcashresourceshavebeensetasideforthepurposeofmeetingfuturepost-retirementbenefits.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
134 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Method usedItisassumedthehealthcarecoststrendhaveasignificanteffectontheamountsrecognisedinsurplusordeficit.Aonepercentpointchangeinassumedhealthcarecosttrendrateswouldhavethefollowingeffects:
March2015
March2014
(1%)R
1%R
(1%)R
1%R
Definedbenefitobligation (13,980) 13,980 (10,290) 10,290
13. Provisions
Carrying value at
beginning of year
R
Used during the
yearR
Unusedprovisions
R
Additional/ Reversal
provisionsR
Carrying value at
end of yearR
March 2015Judicare* 86,478,817 (74,069,040) 12,409,777 73,204,872 85,614,649
Provision for incentive payments 40,484,380 (39,293,372) 1,191,008 41,599,559 42,790,567
Provisionforworkmen’scompensation - - - 851,640 851,640
Corporate litigation 458,165 (458,165) - 768,500 768,500
127,421,362 (113,820,577) 13,600,785 116,424,571 130,025,356
*TheJudicarefigureusedfortheyearincludesusedandreversedprovisions.
Carrying value at
beginning of year
R
Used during the
yearR
Unusedprovisions
R
Additionalprovisions
R
Carrying value at
end of year R
March 2014Judicare* 92,539,939 (78,936,267) 13,603,672 72,875,145 86,478,817
Provision for incentive payments 38,466,158 (35,075,016) 3,391,142 37,093,238 40,484,380
Provisionforworkmen’scompensation 855,418 (855,418) - - -
Corporate litigation - - - 458,165 458,165
131,861,515 (114,866,701) 16,994,814 110,426,548 127,421,362
*TheJudicarefigureusedfortheyearincludesusedandreversedprovisions.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
135LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
JudicareLegal 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 vary, 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.
Netclaimsincurredcomprise:
•claimssubmittedandaccruedforservicesrenderedduringtheperiodnetofrecoveries,and
•claimsforservicesrenderedduringthepreviousperiodnotincludedintheoutstandingclaimsprovisionforthatperiod,netof recoveries.
Outstanding claims provisionThe method used varies by the period being considered and observed historical claims development. To the extent that this method is used, historical claims development information which assume that the historical claims development pattern will occur againinthefuture.Therearereasonswhythismaynotbethecase,which,insofarastheycanbeidentified,havebeenallowedforbymodifyingthemethod.Suchreasonsinclude:
•economic, legal, political and social trends (resulting in different than expected levels of inflation and/orminimum legalbenefitstobeprovided);
•changesinthenatureofthecases,and
•randomfluctuation,includingtheimpactoflargecases
Changes in assumptions and sensitivities to changes in key variablesAll 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.
LegalAidSouthAfricabelievesthattheliabilityforclaimsreportedinthestatementoffinancialpositionisadequate.However,itrecognises 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.Duetothis,theimpactofachangeinthekeyvariablesisnotconsideredtobesignificantandnofurthersensitivityanalysis is provided.
BonusesEmployees 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.
LitigationLegal 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.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
136 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Workman’s compensationIn terms of the compensation for occupational injuries and diseases act of 1993 (COIDA), Legal Aid South Africa is required to pay to the Compensation Fund an annual contribution based on a percentage determined by the commissioner of annual earnings paid to employees for the year up to a maximum of R312,480 per employee, of the total basic salary bill of the organisation. The finalcontributionamountispayableoncethecompensationfundhadassessedtheorganisationsreturnofearnings.Thecostof the contribution is provided for based on historical information and injuries and diseases cases reported to the compensation fundduringthefinancialyear.
14. Trade and other payables
March2015
R
March2014
R
Trade payables 1,106,770 1,369,724
Leavepaybenefits 27,157,504 25,335,754
Bonuspaybenefits(13thcheque) 24,228,125 20,479,917
Accruals 9,112,770 6,740,872
Sundry creditors* 22,271,713 26,754,756
83,876,882 80,681,023
* 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.
14.1 Maturity Analysis
< 1 Year 1–2 Years 2–5 Years 5+ Years Total
Year 2015Trade and other payables 83,730,346 146,536 - - 83,876,882
Year 2014Trade and other payables 80,523,746 157,276 - - 80,681,023
14 a. Clients TrustClient trust fund 29,208,068 35,287,092
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 7.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
137LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
15. Revenue
March2015
R
March2014
R
Gross revenue comprises grants from the National Revenue Fund. These funds are provided to LegalAidSouthAfricatoenableittomeetthegovernment’sresponsibilitytoprovidelegalservicesto those who cannot afford it.
Unconditional government grantBaseline allocation 1,483,708,000 1,336,442,000
IJS mobility project 21,000,000 5,000,000
Case backlog - 34,000,000
1,504,708,000 1,375,442,000
The Integrated Justice System mobility funding was allocated for the development of integrated IT systems, and R19,4 million of these funds have been requested for rollover as the development couldnotbefinalisedduetochallengesencounteredduringsystemdevelopment.
16. Interest Income
Interest income consists mainly of income received from funds invested with the corporation for public deposits 26,944,899 21,742,220
16.1 Other Income
Other income comprises Commission and legal fees received/recovered 167,266 129,924
Profitondisposalofassets 2,135,176 3,404,081
* Sundry income 1,947,215 823,999
Bad debts recovered - 1,228
SASSETA grant - 1,757,933
4,249,657 6,117,165
* Sundry income relates to monies received from debtors for recoveries made for bursaries and internships.
17. Administrative Expenses
Co-operation agreements 8,160,381 7,915,424
Impact litigation 22,791,002 8,066,476
Judicare 94,562,381 98,774,410
Civil disbursements 5,865,689 4,970,296
131,379,453 119,726,606
FINANCIAL INFORMATIONFor the year ended 31 March 2015
138 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
17.1 Other expenses
March2015
R
March2014
R
Otherexpensesismadeupofthefollowingmaterialexpenses:Advertising 3,402,172 4,045,539 Audit Fees 3,042,791 3,410,719 Board Fees 1,117,225 1,115,107 Cleaning Services 5,611,705 5,462,178 Communication 2,122,910 2,150,570 Computer Software Licenses 13,998,063 6,634,573 Document Exchange 940,088 856,337 Education and Training 5,509,310 7,089,097 Insurance-Group Life 17,173,642 15,402,940 Insurance Short Term 3,959,513 4,639,779 IT Support 1,647,364 1,306,188 Leadership Program 1,144,860 1,799,342 Legal Fees Provision 1,601,534 2,037,380 Library and Publication 3,085,308 3,132,566 Maintenance Building 1,660,960 1,683,397 MaintenanceOffice 2,242,118 1,939,605 Management Fees 488,816 632,374 Municipal Services 8,822,878 13,932,559 OfficeRental 38,741,483 33,091,723 OfficeRental–SatelliteOffices 6,092,571 5,579,038 Postage and Courier 436,561 245,787 Printing and Stationery 5,840,089 5,692,978 Bad debt Write Off - 624,439 Recruitment 1,357,896 1,545,071 Refreshments 866,408 905,397 Security Costs 2,049,608 1,507,762 Signage and Branding 528,461 410,351 Storage Costs 1,019,794 792,539 Subscriptions and Membership Fees 3,486,678 2,775,244 Skills Development 389,219 92,977 Software Maintenance 722,570 597,325 Telephone and Faxes 11,632,791 13,011,627 Tools and Equipment 2,361,190 1,358,569 Travel and Subsistence 8,153,458 8,917,508 Travelling and Sub-circuit Court 298,573 411,001 Vehicle Fuel 10,124,229 10,163,204 Vehicle Maintenance 2,999,475 2,718,065 Vehicle Tracking 981,580 2,850,360 Wide Area Network 11,382,445 12,075,821 Workmens Compensation 851,640 1,354,687 Workshops 621,193 4,464,309 Other expenses, not material individually 11,126,942 11,865,555
199,636,112 200,321,586
Other expenses include legal fees, achiever awards, bursaries, etc.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
139LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
18. Reconciliation of actual amount in the cash flow statement and comparative statement
Thebudgetisapprovedonacashbasisbyfunctionalclassifications.Theapprovedbudgetcoverstheperiodfrom1April2014to 31 March 2015.
Thebudgetandaccountingbasisdiffers.Thefinancialstatementsarepreparedontheaccrualbasisusingaclassificationonthenatureofexpensesinthestatementoffinancialperformance.
A reconciliation between the actual amounts on a comparable basis as presented in the statement of comparison of budget andactualamountsinthecashflowstatementfortheperiodended31March2015hasbeenpresentedbelow.Thefinancialstatements are prepared on an accrual basis and the budget is prepared on cash basis which creates a basis difference.
Operating Activities
R
Financing Activities
R
Investing Activities
R
Actual amount on comparable basis as presented in the budget and actual comparative statement
SCBA 95,041,747 - (53,526,688)
Basis difference SFP 7,987,133 (3,022,753) 4,319,125
Actualamountinthecashflowstatement CFS 103,028,880 (3,022,753) (49,207,564)
Surplus for the year (71,193,200)
The budget was prepared on cash basis for the 2014–2015.
Thestatementofprofitandlossandothercomprehensiveincomeincludebothaccrualsandnoncashitems.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
140 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
19. Directors’ emoluments
19.1 Directors – non-executive
March2015
R
March2014
R
For services as directors
NameJudge President D Mlambo - -
Mr T Tshivhase - -
Ms M Monama - -
Mr J Maree 147,307 160,651
Adv. P du Rand - -
Ms N Memka (Memka & Ass paid) 71,104 45,840
MsNMgadza 88,788 69,287
Prof. Y Vawda 174,528 120,384
Ms M Naidoo 103,499 63,526
Ms T Mhlungu 80,800 73,344
Judge E Molahlehi - -
Ms R Subban - -
Ms A Rhoda 14,544 95,150
Mr M Notyesi 48,498 64,176
Ms MJ Ramagaga - 24,448
Adv. K Pillay 71,104 24,448
Ms E Gandhi - 21,392
Ms B Mxakwe 79,453 98,867
MrWScholtz 76,203 78,901
Adv. L Gcabashe (Alternate member) - -
Mr J Gresse(Alternate member) - -
Mr N Mvundlela 30,704 -
Mr CJ Janse Van Rensburg (Alternate Member) 8,080 -
Adv. R Jansen (Alternate member) 8,080 18,336
1,002,691 958,748
FINANCIAL INFORMATIONFor the year ended 31 March 2015
141LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
19.2 Executive Management’s Remuneration
Basic Salary
Bonus and incentives
Expenses/ Allowances
Other TotalMarch 2015
TotalMarch 2014
For services as executives
NameMs V Vedalankar – Chief Executive Officer
1,146,952 236,047 925,618 1,785 2,310,402 2,032,983
Mr J Makokoane – Chief Operations Officer
911,605 204,406 605,847 16,631 1,738,489 1,587,660
Ms R Hlabatau – Chief Financial Officer
809,240 211,098 379,580 111,061 1,510,979 1,367,523
Ms A Clark – Human Resources Executive
636,361 118,190 441,041 1,785 1,197,375 1,083,167
Mr P Hundermark – Chief Legal Executive
846,207 244,619 396,708 115,498 1,603,030 1,426,621
Adv. B Nair – National Operations Executive
884,860 268,407 426,785 107,968 1,688,020 1,529,521
Mr M Phasha – Communications Executive
626,955 163,793 370,356 16,689 1,177,792 1,065,362
Mr T Mtati – Corporate Services Executive
685,544 179,465 322,268 96,689 1,283,966 1,170,229
Mr V Mdaka – Regional Operations Executive KZN
665,433 175,855 312,949 106,521 1,260,758 1,133,132
Mr H Bambiso – Regional Operations Executive EC
608,562 159,063 286,599 121,791 1,176,015 1,073,189
Ms C Robertson – Regional Operations Executive WC/NC
685,544 180,485 416,701 1,785 1,284,515 1,164,092
Adv. W Lambley – Regional Operations Executive Gauteng
685,544 126,133 473,830 7,095 1,292,602 1,181,166
Ms Z Msweli – Regional Operations Executive FS/NW*
232,859 107,262 188,680 33,757 562,557 1,055,927
Mr T Makamedi – Regional Operations Excecutive FS/NW*
286,753 61,851 126,960 47,450 523,014 -
Mr A Mbatyoti – Information Services Executive
617,689 107,234 341,704 88,075 1,154,703 1,051,897
Ms M Kgabi – Regional Operations Executive LM/MP
599,564 153,838 294,598 175,693 1,223,693 1,066,255
Mr A Naidoo – Internal Audit Executive*
336,455 98,643 232,703 892 668,694 1,142,098
Mr S Mamotheti – Internal Audit Executive*
254,508 - 171,602 5,814 431,924 -
11,520,635 2,796,390 6,714,527 1,056,977 22,088,528 20,130,824
*Executivesforpartofthefinancialyear.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
142 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
20. Categories of financial instruments
March2015
R
March2014
R
Financial assetsCash and cash equivalents 437,166,222 386,367,659
Deposits 1,751,291 1,936,750
Client trust account 29,208,068 35,287,091
Trade and other receivables 1,259,080 421,818
Financial liabilitiesTrade and other payables 83,876,882 80,681,022
Finance lease obligation 2,449,617 2,816,596
20.1 Risk Management
Sensitivity analysis riskLegalAidSouthAfrica’smajorsourceofrevenueisgovernmentgrantandtoalesserextent,interestincomedependingoncashequivalentsheld.Amajorexpenseisonsalarieswhicharefixedfortheperiodunderreview.
20.2 Sensitivity analysis
Belowistherecalculatedfinancialassetsandliabilitiesshowingtheeffectof:
•Aonepercentagepointdecreaseorincreaseinthecurrentaccountinterestrate.
•Aonepercentagepointdecreaseorincreaseintradeandotherpayableaccountinterestrate.
•Aonepercentagepointdecreaseorincreaseintradeandotherreceivableaccountinterestrate.
Method usedIt isassumedthedeceasedestatesfundsandtherentaldeposit interestratetrendhaveasignificanteffectontheamountsrecognisedinsurplusordeficit.Aonepercentpointchangeinassumeddeceasedestatefundandrentaldepositinterestratewouldhavethefollowingeffects:
March2015
March2014
(1%)R
1%R
(1%)R
1%R
Cash and cash equivalents (4,371,662) 4,371,662 (3,863,677) 3,863,677
Deposits (17,513) 17,513 (19,367) 19,367
Client trust account (292,081) 292,081 (352,871) 352,871
FINANCIAL INFORMATIONFor the year ended 31 March 2015
143LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Market riskLegal 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 termmoneymarket instruments,special treasurybillsandcash.SincetheCPD’sfundsmaybewithdrawnonshortnoticeapre-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 one and three years and at least 60% of all funds are invested in assets with a maturity of less than one month.
As all the short terms 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 riskLiquidityriskistheriskthattheorganisationwouldnothavesufficientfundsavailableormayencounterdifficultiesinraisingfundstomeetsitsfuturecommitments.ThisriskisregardedaslowconsideringtheLegalAidSouthAfrica’scurrentfundingstructuresand management of available cash resources.
March2015
R
March2014
R
<3 months 627,081 92,022
3–6 months 118,830 94,647
6 months–1 year 91,398 -
1+years 421,771 235,149
1,259,080 421,818
< 1 Year 1-2 Years 2-5 Years 5+ Years Total
Payables past due date
Trade and other payables Year 2015 83,730,346 146,536 - - 83,876,882
Client Trust Funds Year 2015 29,208,068 - - - 29,208,068
Finance lease obligation Year 2015 2,449,617 1,624,210 - - 4,073,827
Trade and other payables Year 2014 116,606,961 124,565 - - 116,731,526
Client Trust Funds Year 2014 35,287,091 - - - 35,287,091
Finance lease obligation Year 2014 2,816,596 2,126,308 - - 4,942,904
3. Interest rate riskThe organisation is exposed to interest rate risk in respect of returns on investments with financial institutions and interestpayableonfinanceleasescontractedwithoutsideparties.Theorganisation’sincomeandoperatingcashflowsaresubstantiallyindependentofchangesinmarketinterestrates.Theorganisationhasnosignificantinterestbearingassetsotherthanliquidcash.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
144 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
4. Credit riskCreditriskarisesmainlyfromreceivablesandcashandcashequivalents.TheLegalAidSouthAfrica’sexposuretocreditriskarises because of default of counterparties with maximum exposure equal to the carrying amount of these instruments. These risksaremitigatedasfollows:
March2015
R
March2014
R
Receivables past due 421,771 235,149
a)Cashandcashequivalentsareplacedwithhighcreditqualityfinancialinstitutionthusrenderingthe 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) The 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.
21. Commitments
Judicare commitments 82,652,920 97,697,866
R82,65 million (R97,69 million) committed expenditure related to the estimated value of instructions issued before year-end where no accounts have been received. Refer to note 13 on Judicare provision.
Computer Hardware and IT Support 8,152,807 10,684,896
Computer software 19,413,456 8,485,870
Computer software licenses-cisco phones 409,364 -
Impact Litigation 5,430,083 20,320,948
Advertising 259,008 1,264,523
Signage and Branding 128,167 -
Building Maintanance 22,460 -
Land and building 26,354,927 12,110,218
Furniture and Equipment 140,591 160,371
Leasehold Improvements 153,767 26,469
Tools and equipment 113,961 -
Vehicle Tracking 661,293 -
Motor Vehicles 3,627,255 1,568,725
64,867,139 54,622,020
Legal Aid South Africa placed orders with suppliers before year end and the goods and services where not received on 31 March 2015
FINANCIAL INFORMATIONFor the year ended 31 March 2015
145LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Operating lease commitmentsOperating lease – Legal Aid South Africa as lessee
Thefutureminimumleasepaymentsundernon-cancellableoperatingleasesareasfollows:
March2015
R
March2014
R
Not later than one year 38,638,826 31,202,756
Laterthanoneyearandnotlaterthanfiveyears 97,005,511 81,972,119
135,644,337 113,174,875
22. Contingent liabilities
22.1 Corporate Litigation 550,000 1,146,248
Corporate litigation is constituted of three categories namely professional negligence, disputes in judicare claims and general litigation.
22.1.1 Professional NegligenceThere are 2 claims relating to professional negligence in which clients alleged failure to prosecute claims timeously or non-prosecution of claims resulting in prescription. All claims are being defended. Legal Aid South Africa is insured and the amount of excess payable for the 1 claim is R50,000 and for the other claim the attorneys are proposing a settlement of R50,000.
100,000 80,000
22.1.2 Judicare ClaimsThis is a matter in which judgement was granted in favour of the claimant, however a referee must be appointed to determine the quantum of the claim. Based on the bills/claims submitted, there is a likelihood that an amount of R450 000 may be a reasonable amount. The bills will be taxed based on the high court tariffs, as our tariff scales in terms of the Legal Aid Guide are not applicable in relation to this claim.
450,000 450,000
22.1.3 General LitigationThis matter arises from a former landlord of a JC. It is alleged that restoration of the property was notdonewhentheofficewasvacatedandaclaimofsixmonthsrentalwasmade.Thecasewasdefended as the allegations made were disputed however a settlement was reached.
- 616,248
22.2 Surplus Fund 98,658,459 69,468,816
LegalAidSouthAfricahadasurplusofR98.6million(2014:R69.5million)ofwhichR64.8millionofthesefundswerecommittedtocertainprojectswhichcouldnotbefinalizedinthe2014–2015financialyear.ForthebalanceofR33.8millionarequesthasbeen submitted to national Treasury for approval to retain the funds. We have no reason to believe that the request will not be approved as previous requests were granted
FINANCIAL INFORMATIONFor the year ended 31 March 2015
146 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
22.3 Rollover funding
March2015
R
March2014
R
Computer hardware and IT support 8,152,807 10,684,896
Computer software 19,413,456 8,485,870
Computer software licenses-cisco phones 409,364 -
Impact litigation 5,430,083 20,320,948
Advertising 259,008 1,264,523
Signage and branding 128,167 -
Building maintanance 22,460 -
Land and building 26,354,927 12,110,218
Furniture and equipment 140,591 160,371
Leasehold improvements 153,767 26,469
Tools and equipment 113,961 -
Vehicle tracking 661,293 -
Motor vehicles 3,627,255 1,568,725
64,867,139 54,622,020
Legal Aid South Africa has applied to National Treasury to rollover the funds and the organisation is awaiting National Treasury approval.
23. Bad debts written off
Bad debts written off 235,155 624,439
FINANCIAL INFORMATIONFor the year ended 31 March 2015
147LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
24. Fruitless and wasteful expenditure and irregular expenditure
24.1 Fruitless and wasteful expenditure
Amount of fruitless
and wasteful
expenditure reported
R
Amount of fruitless
and wasteful
expenditure recovered
R
Amount of fruitless
and wasteful
expenditure not
recoveredR
In nineteen (19) instances interest was charged on late payment of invoices. 1,619 886 733
In four (4) instances, JC were charged penalties for late payment for late renewal of vehicle license.
892 892 -
In one (1) instance where reconnection fee charged for late payment on electricity account.
778 778 -
In one (1) instance where pleadings were sent to the wrong sheriff. 33 33 -
In one (1) instance where Legal Cluster meeting lunch was booked and paid for but not utilised.
90 90 -
Inone(1) instancewheredoublebookingwasmadefor theofficialattending inStellenbosch.
3,469 3,469 -
Total 27 6,881 6,148 733
Financial misconduct related to fruitless and wasteful expenditureTwentyseven(27)incidencesoffinancialmisconductwhichrelatestofruitlessandwasteful expenditure were reported for the year under review. 12 instances were only discovered at year end and could not be recovered at year end
Steps takenIn all 27 instances employees were given counseling. 12 instances monies were recovered,3 instances were condoned and 12 instances were only discovered during year end and were recovered subsequent to year end.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
148 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
24.2 Irregular expenditure
March2015
R
March2014
R
Opening balance 1,067,439 55,983
Irregularexpenditureofficerental 1,529,616 1,067,439
Irregular expenditure other goods and services 1,244,580 -
3,841,635 1,123,422
Less:Amountscondonedforjudicareimpactandotherservices 1,067,439 55,983
2,774,196 1,067,439
Less:Amountsrecoverable(notcondoned) - -
Less:Amountsnotrecoverable(notcondoned) - -
Irregular expenditure awaiting condonation 2,774,196 1,067,439
24.2.1 Irregular expenditure office rentalInten(10)instancespaymentsweremadetosupplierwithnotaxclearancecertificate 1,529,616
24.2.2 Irregular expenditure other goods and servicesIn one (1) instance goods were procured but supporting documents could not be supplied for audit purpose
1,506
In two (2) instances goods for more than R2,000 were procured with less than three quotes requested and with no approved deviation
21,682
In two (2) instances goods were procured from a supplier who did not quote the lowest from the three quotes received and with no approved deviation.
10,587
In one (1) instance service was procured without following due tender processes 1,210,805
2,774,196
Analysis of expenditure condoned as per age classificationCurrent year - -
Prior year 1,067,439 55,983
Total 1,067,439 55,983
R 1,067,439 was approved by the board on 26 July 2014.
24.2.3 Financial misconduct related to irregular expenditureFourteen (14) incidents of financial misconduct, which relates to irregularexpenditure were reported for the year under review.
Steps takenIn all 14 instances request for condonation will be submitted for approval.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
149LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
20151. When Legal Aid South Africa entered in to the lease contract with the landlords of Caledon JC, Hartwater SO, Soshanguve JC, BotshabeloJC,IngwavumaSO,PinetownJC,MountFrereSOandMthataJCtheyhadvalidtaxclearancecertificateswhichexpired during the lease period and they could not be renewed timeously.
2. Quest Research services was appointed to provide brand perception survey, however subsequent to the above tender being awarded two more purchase orders were issued to the same service provider to provide two additional surveys without following due tender processes.
2014The building occupied by Mthata justice centre is owned by Diocese of Mthatha religious body. When Legal Aid South Africa entered into the lease contract with the landlord, the Dioceses ofMthata in 200, they were registered as a public benefitorganisation.
The PBO status has subsequently not been renewed and hence their tax exemption has lapsed.
Alternative accommodation has been sought through the tender process, the quotation process and even approaching the individual service providers and estate agents, no suitable accommodation could be sourced.
24.2.4 Irregular expenditure payment of higher fees to Audit Committee membersDuring 2014, it was discovered that payment of higher fees to Audit Committee members was approved by the Board in February 2003 and not the Minister of Justice and Correctional Services as per paragraph 8.1 of the Legal Aid South Africa Board Charter and National Treasury Regulations section 20.2.2.
Approval to pay higher fees to audit committee members was subsequently obtained from the Minister of Justice and Correctional Services with effect from 1 May 2015. The Minister did not approve the payment of higher fees for periods prior to 1 May 2015 and deems this expenditure to be irregular.
March2015
R
March2014
R
Current Year 23,162 114,819
Prior Year 725,252 610,433
Total 748,414 725,252
FINANCIAL INFORMATIONFor the year ended 31 March 2015
150 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
24.3 Financial misconduct related to non compliance with Legal Aid South Africa financial policies and procedures
Steps takenFour(4)incidentsoffinancialmisconductwerereportedfortheyearunderreview.InallfourinstancestherewastransgressionofLegalAidSouthAfrica’sFinancialpolicies and procedures.
All four (4) employees were disciplined, two (2) were dismissed and two (2) were given written warnings.
25. Fraud Steps taken
Six (6) incidents of fraud were reported for the year under review. In 5 of the instances it was alleged that employees accepted payments from clients for services provided and on one (1) instance the employee misrepresented her educationalqualifications.
Three (3) of the employees left the organisation before finalisation of thedesciplinary process and three (3) were disciplined and dismissed.
26. Related party disclosures
All thepartiesthathavetheability tocontrolorexercisesignificant influenceoverLegalAidSouthAfrica inmakingfinancialand operating decisions were considered to be related parties of the organisations. Legal Aid South Africa operates under the umbrella of the Department of Justice and Correctional Services and the relevant Executive Authority is the Minister of Justice andCorrectionalServices.Thefollowingentitiesareconsideredtoberelatedpartiesduetocommoncontrol:
National Prosecuting Authority
Special Investigating Unit
South African Human Rights Commission
Public Protector
Guardian’sFund
President’sFund
South African Board of Sheriffs
Criminal Asset Recovery Account
Council of Debt Collectors
South African Law Reform Commission
Remunerationpaidtoseniormanagementasdefined.Refertonote19.2above
27. Change in Accounting Estimate
Change in useful livesOn 1 March 2014 the Board of Directors of Legal Aid South Africa approved a change in estimate of useful lives of computer equipmentandmotorvehicles inorder toachievea fairpresentationoffinancial informationofLegalAidSouthAfrica.Thechange in estimate is effective 1 April 2014.
The useful life of computer equipment was revised from its old useful life of 4 years to a new useful life of 5 to 10 years, motor vehicle was revised from its old useful life of 6 years to a new useful life of 8 to 10 years, building improvements was revised from itsusefullifeof5yearstoanewusefullifeof15to20yearswhilefurnitureandfittingswasrevisedfromitsoldusefullifeof5years to a new useful life of 10 to 15 years.
FINANCIAL INFORMATIONFor the year ended 31 March 2015
151LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Thechangeintheusefullivesofproperty,plantandequipmentwillhaveacurrentimpactondepreciationonthefollowingassets:
(Decrease)/Increase
Building Improvement (1,179,529)
Motor Vehicles (4,662,493)
Computer Hardware (1,085,284)
Furniture and Equipment (339,258)
Thechangeintheusefullivesofproperty,plantandequipmentwillhaveafutureimpactondepreciationonthefollowingassets:
(Decrease)/Increase
Building Improvement 1,179,529
Motor Vehicles 4,662,493
Computer Hardware 1,085,284
Furniture and Equipment 339,258
28. Restatement of prior year comparatives fiqures
Inthe2014–2015financialyearthedepreciationrateappliedforcertaincategoriesofpropertyplantandequipmentwasnotproperly aligned to the period of usage of these assets. Some assets were utilised much longer than the estimated useful life. Legal Aid South Africa decided to depreciate its assets in line with its estimated useful life.
Theeffectofthisadjustmentwouldresultinthe2015financialstatementsreflectedasfollows:
The restated financial position figures
March2015
R
March2014
R
Accumulated surplus - 13,270,488
Accumulated depreciation - (10,814,672)
The restated financial performance figures
Depreciation - (2,455,815)
152 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
153LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
PARTG:COMPANY INFORMATION
AND CONTACT DETAILS
154 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
1. Regional Management
COMPANY INFORMATION AND CONTACT DETAILS
Back row from left: Grant Rudlin (Graaff-Reinet JCE); Fuzile Ngxukumeshe (Mthatha JCE); Helen McCallum (Grahamstown JCE); Linda Magaxeni (King William’s Town JCE); Henry Lerm (Uitenhage JCE) and Netarie Verwey (Aliwal North JCE).
Front row from left: Lynette Franklin (Port Elizabeth JCE); Yolundi Ngxola-Tshona (Queenstown JCE); Hope Bambiso (ROE); Lynette Marais (East London JCE) and Tobeka Maqwati (Butterworth JCE).
Standing from left: Wouter De Villiers (Bethlehem JCE); Cuma Siyo (Botshabelo JCE); Nhlanhla Shongwe (Ga-Rankuwa JCE); Victoria Mophulane (Lichtenburg JCE); Mothusi Khumalo (Mafikeng JCE); Nolitha Jali (Kroonstad JCE); Aubrey Kunene (Vryburg JCE); Catherine Muthivhithivhi (Rustenburg JCE) and Machini Motloung (Bloemfontein JCE).
Seated from left: Stefani De Villiers (Welkom JCE); Tshotlego Makamedi (ROE) and Moima Phakedi (Potchefstroom JCE).
EASTERN CAPE REGION
FREE STATE AND NORTH WEST REGION
GAUTENG REGION
From left: Michael Ramaphosa (Soshanguve JCE); Nomawethu Mtebele (Tembisa JCE); Stephen Mofokeng (Krugersdorp JCE); Flavia Isola (Pretoria JCE); Mmeli Motsepe (Soweto JCE); Aysha Ismail (Germiston JCE); Nokuphiwa Nguqu (Benoni JCE); Thami Manaba (Vereeniging JCE); Wilna Lambley (ROE) and Ncikazi Moahloli (Johannesburg JCE).
Absent: Alexandra JCE (position vacant).
155LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
From left: Tsakani Maluleke-Sihlangu (Tzaneen JCE); Ernest Mogashoa (Middelburg JCE); Mathew Shongwe (Ermelo JCE); Evans Mabitsela (Witbank JCE); Mpho Kgabi (ROE); Elton Makhadi (Makhado JCE); Thabo Ledwaba (Polokwane JCE); Jacqueline Maimela (Modimolle JCE); Thomas Madzaga (Thohoyandou JCE) and Sipho Ndhlovu (Nelspruit JCE).
Back row from left: Elroy Machelm (Malmesbury JCE); Janus Roothman (Vredendal JCE); Victor Mofokeng (Upington JCE); Nelis du Plessis (Caledon JCE) and Joseph Bosealetse (Kimberley JCE).
Front row from left: Cobus Esterhuizen (Cape Town JCE); Pumezo Qelile (Regional HRM); Ronelle Arendse (Bellville JCE); Cordelia Robertson (ROE); Fawzia Bacus (Worcester JCE); Mark Gaffley (Athlone JCE); Lesley-Ann Boer (RLM); Pieter Terblanche (George Acting JCE) and Liezel du Toit (Colesburg JCE).
Absent: Shawn Flowers (Stellenbosch JCE).
KWAZULU-NATAL REGION
LIMPOPO AND MPUMALANGA REGION
WESTERN AND NORTHERN CAPE REGION
From left: Mandla Ntobela (Ladysmith JCE); Bhekizenzo Mthethwa (Verulam JCE); Vis Nair (Pinetown JCE); Nomsa Nkosi (Umlazi JCE); Vela Mdaka (ROE); Musawakhe Sithebe (Vryheid JCE); Fathima Buckus (Newcastle JCE); Raguvhu Madzhiye (Pietermaritzburg JCE); Lungile Magoso (Empangeni JCE) and Roger Jasson (Port Shepstone JCE).
156 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
2. Contact Details
NATIONAL OFFICE CONTACT DETAILS
29 De Beer StreetJohannesburg, 2017, South AfricaDocex 117, Johannesburg
Tel:+27118772000Fax:+27118772222LegalAidAdviceLine:0800110110LegalAidSouthAfricaEthicsHotline:0800153728Website:www.legal-aid.co.za
Name Designation Email Address
Judge President Dunstan Mlambo Board Chairperson
Ms Vidhu Vedalankar ChiefExecutiveOfficer vidhuv@legal-aid.co.za
Mr Jerry Makokoane ChiefOperationsOfficer jerrym@legal-aid.co.za
Adv. Brian Nair National Operations Executive briann@legal-aid.co.za
Mr Patrick Hundermark Chief Legal Executive patrickh@legal-aid.co.za
Mr Sethopo Mamotheti Internal Audit Executive sethopom@legal-aid.co.za
Ms Rebecca Hlabatau ChiefFinancialOfficer rebeccah@legal-aid.co.za
Mr Thembile Mtati Corporate Services Executive thembilem@legal-aid.co.za
Ms Amanda Clark Human Resources Executive amandacl@legal-aid.co.za
Mr Mpho Phasha Communications Executive mphop@legal-aid.co.za
MrJoeKhoza Acting Information Service Executive joek@legal-aid.co.za
COMPANY INFORMATION AND CONTACT DETAILS
157LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
EASTERN CAPE1 Aliwal North Ms Netarie Verwey PO Box 153
Aliwal North
Docex 4
67 Somerset StreetAliwal North9750
051 633 2530 051 634 2662
2 Butterworth Ms Tobeka Maqwati PO Box 553Butterworth4960
Docex1
ECDC BuildingNo 24 High StreetButterworth
047 491 0006 086 530 4119
3 East London Ms Lynette Marais PO Box 7570East London5200
Docex 57
No 86 Oxford Street5th FloorOxford HouseEast London5200
043 704 4700 043 722 3503
4 Graaff-Reinet Mr Grant Rudlin PO Box 326Graaf-Reinet6280
Docex 3
64 Church StreetGraaf-Reinet6280
049 807 2500 049 892 6033
5 Grahamstown Ms Helen McCallum PO Box 105Grahamstown6140
Docex 18
69 High StreetGrahamstown6140
046 622 9350 046 622 8873
6 King Williams Town Ms Linda Magaxeni PO Box 2323King Williams Town5600
Docex 4
2nd FloorOld Mutual BuildingCnr Cathcart & Macclean StreetKing Williams Town
043 604 6600 043 642 4885
7 Mthatha MrFuzileNgxukumeshe
PO Box 536Mthatha5099
Docex 13
96 Sutherland Street PRD BuildingMthatha5099
047 501 4600 047 531 4144
8 PortElizabeth Ms Lynette Franklin PO Box 27989Greenacres6057
Docex 127
1 Uitenhage RoadNorth EndPortElizabeth6001
041 408 2800 041 487 3335
9 Queenstown Ms Yolundi Ngxola- Tshona
PO Box 1398Queenstown5320
Docex 28
No 2–4 Shepstone RoadJeantel Bld, Erf 5273Queenstown5319
045 807 3500 045 838 4620
10 Uitenhage Dr Henry Lerm PO Box 459Uitenhage6230
Docex 6
32–36 Baird StreetUitenhage6230
041 991 1811 041 991 1814
Eastern Cape Regional Office
Mr Hope Bambiso ROE
PO Box 63799GreenacresPortElizabeth6056
Docex 131
5 Mangold StreetNewtown ParkPortElizabeth6001
041 363 8863 041 363 1216
Table 22: Justice Centres and Regional Offices Contact Details
158 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
FREE STATE PROVINCE1 Bethlehem Mr Wouter de Villiers PO Box 1324
Bethlehem9700
Docex 15
24 Cnr Commissioner & Naude StreetBethlehem9700
058 303 6824 058 303 6823
2 Bloemfontein Mr Machini Motloung PO Box 9899Bloemfontein9300
Docex 46
1st FloorSouthernPlazaBuilding41 Charlotte Maxeke StreetBloemfontein9301
051 447 9915 051 447 2106
3 Botshabelo Mr Cuma Siyo PO Box 6141Botshabelo9781
Docex 001Botshabelo
Suite No 5Varese CentreBotshabelo9781
051 534 4917 051 534 4930
4 Kroonstad Ms Nolitha Jali PO Box 2229Kroonstad9500
Docex 12
99 Murray StreetKroonstad9501
056 216 4800 056 212 4522
5 Phuthadithjaba Mr Lot Madungandaba
PrivateBagX831Witsieshoek9870
Cnr Motloung & Setai StreetFDCOfficeBlockEPhutaditjhaba9866
058 713 5000 058 713 5002
6 Welkom Ms Stefani De Villiers PO Box 335Welkom9460
Docex 1
Archiquant Building8 Heerent StreetWelkom9460
057 357 2847 057 357 1948
NORTH WEST PROVINCE7 Ga-Rankuwa Mr Nhlanhla
ShongwePO Box 23Ga-Rankuwa North0209
Docex 3 Akasia
Shop No 58AGa-Rankuwa City CentreGa-Rankuwa0208
012 700 1416 012 700 1908
8 Klerksdorp Ms Melinda de Kock P O Box 2793Klerksdorp2570
Docex 9
Corner Leask and Bram Fischer Klerksdorp2570
018 464 3022 018 462 8607
9 Lichtenburg Ms Victoria M Mophulane
PO Box 1208Lichtenburg2740
Docex 7
25 Bantjes StreetLichtenburg2740
018 632 7600 018 632 7609
10 Mafikeng Mr Mothusi Khumalo PrivateBagX2125Mafikeng2745
Docex 8
3794 IEC Building ProteaOfficeParkSekame RoadMafikeng
018 381 1096 018 381 5094
11 Potchefstroom Mr Moima Phakedi PO Box 1447Potchefstroom2520
44 Dr James Moroka StreetRoyal Building2nd FloorPotchefstroom2531
018 293 0045 018 297 7425
COMPANY INFORMATION AND CONTACT DETAILS
159LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
12 Rustenburg Ms Catherine Muthivhithivhi
PO Box 2090Rustenburg0300
Docex 31
122 Beyers Naude DriveAlbach BuildingRustenburg0299
014 592 3186 014 565 6821
13 Vryburg Mr Aubrey Kunene PO Box 652Vryburg8601
Docex 7
71 Vry Street Vryburg8601
053 927 0095 053 927 0119
Free State & North WestRegionalOffice
Mr Peter Makamedi ROE
PO Box 1798BrandwagBloemfontein9300
Docex 125Bloemfontein
163 Nelson Mandela DrivePhg BuildingBloemfontein9301
051 412 8040 051 447 3754
GAUTENG PROVINCE1 Alexandra Vacant PO Box 1192
Bramley2018
Docex 5GlenHazel
650 Louis Botha AveBramleyJohannesburg2018
011 786 3603 011 786 0862
2 Benoni Ms Nokuphiwa Nguqu
PO Box 2972Benoni1500
Docex 12
23 Tom Jones StrBedford Court BuildingBenoni1501
011 845 4311 011 421 1082
3 Germiston Ms Aysha Ismail PO Box 4302Germiston South1401
Docex 23
9th FloorStandard Bank Towers247 President StreetGermiston1401
011 842 7300 011 872 1527
4 Johannesburg MsNcikaziMoahloli PO Box 62378Marshalltown2107
Docex 259
70 Fox StreetMarshalltownJohannesburg2000
011 870 1480 011 838 6658
5 Krugersdorp Mr Stephen Mofokeng
PO Box 660Krugersdorp1740
Docex 19
3rd Floor ABSA BuildingCnr Kruger & Human StreetKrugersdorp
011 660 2335 011 660 2050
6 Pretoria Ms Flavia Isola PO Box 1281Pretoria0001
Docex 350
2nd FloorFNB Building206 Church StreetPretoria
012 401 9200 012 324 1950
7 Soshanguve Mr Michael M Ramaphosa
PO Box 401Soshanguve152
Docex 5Pretoria North
Medicos CentreStand no 2093Block HSoshanguve0152
012 797 2721 012 797 2573
8 Soweto Mr Mmeli Motsepe PO Box 392Pimville1808
Docex 115
Office403&411AMaponya MallChris Hani RoadKlipspruit
011 938 3547 011 983 8220
COMPANY INFORMATION AND CONTACT DETAILS
160 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
9 Tembisa Ms Nomawethu Mtebele
PO Box 1725Tembisa1620
Docex 30Kempton Park
Shop 42 Tembisa MegaMart MallBotswana RoadTswelopelo SectionTembisa
011 316 0197 011 316 0198
10 Vereeniging Mr Thami Manaba PO Box 3948Vereeniging1930
Docex 25
8 Jasmine Mansions28 Senator Mrks AveVereeniging1938
016 421 3527 016 421 4287
Gauteng Regional Office
Adv Wilna Lambley ROE
PO Box 16237Lyttelton
Docex 134
144 Cantonment StreetSelborne CentreLytteltonPretoria0157
012 664 2921 012 664 6920
KWAZULU-NATAL 1 Durban Ms Nomsa Nkosi PO Box 4397
Durban4000
Docex 214
Suite 4014th FloorSalibury House332 Smith StreetDurban4001
031 304 0100 031 304 3564
2 Empangeni Ms Lungile Magoso PO Box 38Empangeni3880
Docex 18
MazuliHouse7 Maxwell StreetEmpangeni3008
035 792 4949 035 792 4954
3 Ladysmith MrJeromeShezi(Acting JCE)
PO Box 1181Ladysmith3370
Docex 9Ladysmith
371 Murchison StreetCnr Murchison & Eggerton (opposite Anderson Motors)PBS BuildingLadysmith3370
036 638 2500 036 637 5036
4 Newcastle Ms Fathima Buckus PO Box 1850Newcastle2940
Docex 7
65 Scott StreetNewcastle2940
034 328 7100 034 312 3426
5 Pietermaritzburg Mr Raguvhu J Madzhiye
Suite 173PostnetX9118Pietermaritzburg3200
Docex 64
183 Church Street Pietermaritzburg3201
033 394 2190 033 342 2576
6 Pinetown Mr Vis Nair PO Box 1006Pinetown3600
Docex 162
1st Floor ABSA Building1 Church RoadPinetown3600
031 719 2700 031 701 5880
7 Port Shepstone Mr Roger Jasson PO Box 50148Port Shepstone4240
Docex 5Port Shepstone
2nd Floor MB Centre49 Aiken StreetOpposite ABSA BankPort Shepstone4240
039 688 9600 039 682 5908
8 Umlazi Mr Mandla Ntobela PO Box 36265Ntokozweni4089
Docex 1
V1332Ithala Industrial ParkCnr Mangosuthu Highway & Road 1902Umlazi4031
031 918 8100 031 906 1477
COMPANY INFORMATION AND CONTACT DETAILS
161LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
9 Verulam MrBhekizenzoMthethwa
PO Box 183Verulam4340
Docex 380Durban
Suite1AyeshaRazakCentre1st FloorAyeshaRazakCentre23 Groom StreetVerulam4340
032 533 2654 032 533 2651
10 Vryheid Mr Musa Sithebe PO Box 852Vryheid3100
Docex 5Vryheid
Ground Floor SuiteABSA Building199A Church StreetVryheid310
034 989 8300 034 989 8311
KwaZulu-Natal RegionalOffice
Mr Vela Mdaka ROE PO Box 2489Pinetown3600
Docex 261Durban
7th Floor Charter HouseCnr Crompton & Union StreetPinetown3600
031 717 8450 031 702 1960
LIMPOPO PROVINCE1 Makhado Mr Elton Makhadi PO Box 4591
Louis Trichardt0920
Docex 8Louis Trichardt
Noor GardensCnr Krogh & Devenish StrLouis Trichardt0920
015 519 1100 015 519 1103
2 Modimolle Ms Jacqueline Maimela
PO Box 4373Modimolle0510
Docex 8
Shop 8Nyl Sake SentrumNelson Mandela DriveModimolle0510
014 717 4977 014 717 4980
3 Polokwane Mr Thabo Ledwaba PO Box 1314Polokwane0700
Docex 24
2nd Floor Pioneer Building52 Landros Marais StreetPolokwane0700
015 291 2429 015 295 4386
4 Thohoyandou Mr Thomas M Madzaga
PO Box 3550Thohoyandou0950
Docex 3
Shop 2Metropolitan ComplexThohoyandou0950
015 962 6206 015 962 6383
5 Tzaneen Ms Tsakani Maluleke-Sihlangu
PO Box 2365Tzaneen850
Docex 16
2nd Floor TzaneenCrossingMallCnr Lydenburg & Skurving StrTzaneen
015 307 3129 015 307 3113
MPUMALANGA PROVINCE6 Ermelo Mr Matthew L
ShongwePO Box 656Ermelo2350
Docex 9Ermelo
14 Joubert StreetErmelo2350
017 819 7291 017 819 7270
7 Middelburg Mr Ernest Mogashoa PO Box 827Middleburg1050
Docex 3
Room 102D1st FloorWonderpark Spar BuildingCnr Walter Sisulu & Dr Beyers Naude StreetMiddleburg1050
013 243 5964 013 282 1235
COMPANY INFORMATION AND CONTACT DETAILS
162 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
8 Nelspruit Mr Sipho Ndhlovu PO Box 5103Nelspruit1200
Docex 31
Room 8068th Floor30 Brown StreetNedbank BuildingNelspruit1200
013 753 2154 013 755 1540
9 Witbank Mr Evans Mabitsela PO Box 4373Emalahleni1035
Docex 51
Room 7017th FloorVusani BuildingArras StreetEmalahleni1035
013 656 5290 013 656 5291
Limpopo & Mpumalanga Regional Office
Ms Mpho Kgabi ROE PO Box 11237Bendor Park0713
Docex 56Polokwane
Corma Park Number 3Rhodes Drift AvenueBendorPolokwane0700
015 296 0117 015 296 0102
WESTERN CAPE PROVINCE1 Athlone MrMarkGaffley PO Box 166
Athlone7760
Docex 9Athlone
2nd FloorKlipfontein RoadMelofinCentre7764Athlone
021 697 5252 021 697 5316
2 Bellville Ms Ronelle Arendse Docex 70Bellville
68 Durban RoadVan Der Stel BldgCnr Voortrekker & Durban StreetBellville7535
021 949 3062 021 949 2534
3 Cape Town Mr Cobus Esterhiuzen
PO Box 516Cape Town8001
Docex 19Cape Town
3rd Floor South African Reserve Bank Building60 St Georges MallCape Town8001
021 426 4126 021 426 5766
4 George Ms Zukiswa Mavuso Docex 27George
Tommy Joubert BuildingCnr Craddock & Courtenay StreetGeorge6530
044 802 8600 044 874 0779
5 Caledon Mr Nelis Du Plessis Docex 3Caledon
22 Church StreetCaledon7230
028 212 1815 028 212 1826
6 Malmesbury Mr Elroy Machelm Docex 6Malmesbury
1st Floor, The Lionel Frank Building47 Voortrekker Road Malmesbury
022 482 1784 022 482 4449
7 Stellenbosch Mr Shawn Flowers PO Box 534Stellenbosch7600
Docex 38
Office2012nd FloorEikestad MallBird StreetStellenbosch7600
021 882 9221 021 882 9237
8 Vredendal Mr Janus Roothman Docex 3Vredendal
9 Dorp StreetVredendal8160
027 201 1030 027 213 2627
COMPANY INFORMATION AND CONTACT DETAILS
163LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
No Justice Centre Principal Postal Address Physical Address Telephone Number
Fax Number
9 Worcester MsFawziaEssopBacus
Docex 1Worcester
1st FloorWC BuildingCnr High & Stockenstrom StreetsWorcester6850
023 348 4040 023 348 4051
NORTHERN CAPE PROVINCE10 Colesburg MsLiezelDuToit Docex 4
Colesburg8 Campbell StreetColesburg9795
051 753 2281 051 753 2284
11 Kimberley Mr Joseph Bosealetse
PO Box 846Kimberley8300
Docex 4Kimberley
4 Sydney StreetPretmax BuildingKimberley8301
053 832 2348 053 832 2356
12 Upington Mr Victor Mofokeng Postnet 100PrivateBagX5879Upington8800
Docex 12Upington
11LutzStreetUpington8800
054 337 9200 054 337 9210
Western & Northern CapeRegionalOffice
Ms Cordelia Robertson ROE
Docex 23Stellenbosch
2nd FloorTrumali RoadShirazHouseBrandwachtOfficeParkStellenbosch7600
021 861 3000 021 886 8657
COMPANY INFORMATION AND CONTACT DETAILS
164 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICESNo Justice Centre No Satellite Office Postal Address Physical Address Telephone
NumberFax Number
GAUTENG PROVINCE1 Benoni 1 Nigel PO Box 2972
Benoni1500
Docex 12
Kruger and Okes23 Kingsway StreetNigel1491
011 814 5159 011 814 5259
2 Soweto 2 Westonaria N/A Shop3ElizabethCentrePresident Steyn StreetWestonaria
011 753 2604 011 753 2629
3 Vereeniging 3 Heidelberg PO Box 3948Vereeniging1930
Docex 25
Portion 424 Uekerman StreetEslin BuildingHeidelberg 1441
016 341 4430 016 341 4430
4 Frankfort PO Box 3948Vereeniging1930
Docex 25
55 JJ Hadebe StreetFrankfort
058 813 1624 058 813 2171
LIMPOPO PROVINCE4 Makhado 5 Musina PO Box 4591
Louis Trichardt920
Stand No 2110Nkhata Cresent StreetNancefieldExtension5Musina
015 533 1691 015 599 1692
5 Modimolle 6 Lephalale PO Box 17Lephalale555
First Floor2 Booysen StreetStamax BuildingFirst Floor
014 763 1433 014 763 1437
6 Polokwane 7 Mokopane PO Box 1314Polokwane0700
Docex 24
58 Rabe StreetRayveen ComplexMokopane 6515
015 491 4461 015 491 4759
8 Lebowakgomo PO Box 1314Polokwane0700
Docex 24
OGBH BuildingGround FloorLebowakgomo
015 633 7636 015 633 7704
9 Bochum PO Box 1314Polokwane0700
Docex 24
Shalas ComplexBlock B2MainstreetSenwabarwana
015 505 9031/2
015 505 9030
7 Tzaneen 10 Giyani PO Box 2365Tzaneen850
Ground FloorOld Mutual BuildingGiyani Main RoadGiyani
015 812 3065 015 812 3697
11 Phalaborwa PO Box 2365Tzaneen850
Shop No 432 Wildevey StreetPhalaborwa
015 781 0960 015 781 0976
165LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICESNo Justice Centre No Satellite Office Postal Address Physical Address Telephone
NumberFax Number
KWAZULU-NATAL PROVINCE8 Empangeni 12 Ingwavuma PO Box 38
Empangeni3880
CnrJoziniandKwaNgwanase RoadIngwavuma3968
035 591 0950 035 591 0907
13 Mkuze PO Box 38Empangeni3880
Shop 22FMkuzePlazaOld Main RoadMkuze3974
035 573 1655 035 576 1656
9 Ladysmith 14 Estcourt PO Box 1010Estcourt3310
Shop No 1127 Albert StreetEstcourt3310
036 352 1997 036 352 1998
10 Newcastle 15 Dundee PO Box 1850Newcastle2940
Unit 1356 Smith StreetDundee3000
034 212 4351 034 212 4534
11 Pietermaritzburg 16 Greytown Suite 173PostnetX9118Pietermaritzburg3200
Shop No 140 Bell StreetGreytown3250
033 417 2146 033 417 2146
17 Bulwer Suite 173PostnetX9118Pietermaritzburg3200
Shop 5Stavcom BuildingMain RoadBulwer
039 832 0515/6 039 832 0518
12 Port Shepstone 18 Kokstad PO Box 50148Port Shepstone4240
29 Barker StreetKokstad4700
039 727 5081 039 727 5082
19 Ixopo PO Box 33Ixopo3276
Shop No 3Ixopo Bottlestore BldMargaret StreetIxopo3276
039 834 2962 039 834 2967
13 Umlazi 20 Umzinto PO Box 186Umzinto4200
OfficeA11Hypersingh CentreCnr Court & Textile RoadUmzinto
039 974 4591 039 974 4591
14 Verulam 21 Stanger PO Box 183Verulam4340
Suite 1 Stanger MallStanger Mall55 King Shaka StreetStanger4450
032 551 3740 032 551 3957
15 Vryheid 22 Ulundi PO Box 852Vryheid3100
FairbreezeOfficeParkPrincess Magogo StreetUlundi3838
035 870 0832 035 870 3108
166 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICESNo Justice Centre No Satellite Office Postal Address Physical Address Telephone
NumberFax Number
MPUMALANGA PROVINCE16 Ermelo 23 Piet Retief PO Box 809
Piet Retief2380
14 Kruger StreetPiet Retief2380
017 826 4568 017 826 2725
24 Eerstehoek PO Box 112Elukwatini1192
Stand Number 88NhlazatsheGElukwatini1192
017 883 7931 017 883 0118
25 Standerton PO Box 1321Ermelo2430
OfiiceNo7Time Square Building48 Charl Cilliers StreetStanderton
017 712 5928 017 712 5963
17 Middelburg 26 Groblersdal PO Box 827Middleburg1050
Eldorado 7Voortrekker StreetGroblersdal470
013 262 4770 013 262 4768
27 Siyabuswa PO Box 827Middleburg1050
1664 A Maqhawe StreetSiyabuswa
013 973 3963 N/A
18 Nelspruit 28 Lydenburg PO Box 1146Lydenburg1120
29 De Clerk StreetKraaines BuildingLydenburg1120
013 235 9940 013 235 1669
29 Bushbuckridge PO Box 2357Bushbuckridge1280
R40 RoadProtea BuildingBushbuckridge1280
013 799 1832 013 799 1835
30 Tonga PO Box 1021Kwalugedlane1341
Stand 77Tonga ViewN/A
071 977 8579 013 780 3073
19 Witbank 31 Secunda PO Box 7630Secunda2302
Docex 8
2nd FloorOld Mutual Building Horwood StreetSecunda ComplexSecunda
017 634 8532 017 634 6571
32 Kwa-Mhlanga PO Box 4373Witbank1035
Erf 538/7Kwa-MhlangaBankview
013 947 3379 N/A
EASTERN CAPE PROVINCE20 Aliwal North 33 Sterkspruit PO Box 153
Aliwal North9750
Site 99Main Street Sterkspruit
051 611 0348 051 611 0349
21 Graaff-Reinet 34 Somerset East/Oos
PO Box 448Somerset East5850
Visser Centre 12Njoli StreetSomerset Oos5850
042 243 0610 042 24 33 048
35 Cradock PO Box 584Cradock5880
Venus BuildingMichau StreetCradock5880
048 881 4867 048 881 2275
22 Grahamstown 36 Fort Beaufort PO Box 487Fort Beaufort5720
No 38A Durban StreetFort Beaufort
046 645 2270 046 645 1318
23 King Williams Town
37 Stutterheim PO Box 2323King Williams Town
75 Hill StreetStutterheim4930
043-683 2973 043 683 1093
167LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICESNo Justice Centre No Satellite Office Postal Address Physical Address Telephone
NumberFax Number
24 Mthatha 38 Lusikisiki PO Box 536Mthatha
OfficeNo9&10Embassy BuildingAMCA RoadLusikisiki
039 253 1442 039 253 1442
39 Bizana PO Box 536Mthatha
159 Main StreetBizana
039 251 0098 039 251 0098
40 Mount Frere PO Box 536Mthatha
Erf 339 Hospital RoadMt Frere4870
039 255 1473 039 255 1473
25 PortElizabeth 41 Humansdorp PO Box 393Humansdorp6300
Tredalux Building23 Main Street (at the rear)Humansdorp6300
042 295 2794 042 295 2768
26 Queenstown 42 Elliot PO Box 1398Queenstown5320
18 Market StreetElliot5460
045 9311 984 045 9311 986
27 Uitenhage 43 Kirkwood PO Box 459Uitenhage6230
Docex 6
32B John StreetKirkwood
042 230 0713 042 230 0679
WESTERN CAPE PROVINCE28 Athlone 44 Mitchells Plain PO Box 166
Athlone7760
Docex 9Athlone
Mitchells Plain CourtMitchells Plain7785
021 370 4220 N/A
30 Caledon 45 Swellendam Docex 3Caledon
67 Voortrekker StreetSwellendam6470
028 514 3026 028 514 2674
31 George 46 Beaufort West Docex 27George
102 Bird StreetBeaufort West6970
023 415 1689 023 414 3162
47 Riversdale Docex 27George
17 Heidelberg RoadRiversdale6670
028 713 4620 028 713 4621
48 Oudtshoorn Docex 27George
Allied BuildingRoom 302, 303 & 304Kerk StreetOudtshoorn
044 279 2255 044 279 2558
32 Malmesbury 49 Atlantis Docex 6Malmesbury
Drosdy CentreWesfleurCircleAtlantis7349
021 572 8522 022 482 4449
50 Vredenburg Docex 6Malmesbury
1st FloorStandard Bank Building20 Main RoadVredenburg7380
022 713 1006 022 713 1007
33 Vredendal 51 Calvinia Docex 3Vredendal
20 Hantam StreetCalvinia
027 341 2240 027 341 2264
52 Springbok Docex 3Vredendal
Portion of Old Royal FoodCnr of Riebeck & Loop StreetSpringbok 8240
027 718 2449 027 718 2453
168 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
SATELLITE OFFICESNo Justice Centre No Satellite Office Postal Address Physical Address Telephone
NumberFax Number
NORTHERN CAPE PROVINCE34 Colesburg 53 De Aar 47 Church Street
De Aar7000
Docex 4Colesburg
47 Church StreetDe Aar7000
053 631 1950 053 631 1321
54 Victoria West 14 Church StreetVictoria West7070
Docex 4Colesburg
14 Church StreetVictoria West7070
053 621 0039 053 621 0037
35 Kimberley 55 Hartswater PO Box 846Kimberley8300
Docex 4 Kimberley
5 DF MalanCosmic Gold Centre, OfficeNo.5Hartswater8570
053 474 0341 053 474 0312
36 Upington 56 Kuruman X5879Upington8800
Docex 12Upington
3 Federale Mynbou StreetKuruman8460
053 712 3782 053 712 3783
57 Prieska PO Box 422Prieska8940
Docex 12Upington
29 Loots BoulevardPrieska8940
053 353 1184 N/A
58 Postmasburg 22 Boe StreetPostmasburg8420
Docex 12Upington
22 Boe StreetPostmasburg8420
053 313 3642 053 313 3642
NORTH WEST PROVINCE37 Klerksdorp 59 Wolmaranstad 12 Kruger Street
Kruger MallWolmaranstad2630
12 Kruger StreetKruger MallWolmaranstad2630
018 596 2775 018 596 1004
38 Lichtenburg 60 Delareyville PO Box 918Delareyville2770
Shop No.3 Corner Visser StreetDelareyville2770
053-948 1092 053 948 1182
39 Potchefstroom 61 Carletonville PO Box 1447Potchefstroom2520
49 A van Zyl &Smit StreetOberholzer2502
018 787 2346 018 787 2346
FREE STATE PROVINCE40 Botshabelo 62 Ladybrand PO Box 6141
Botshabelo9781
23 Piet Retief StreetOffice2Terblanche9745
051 924 0350 051 924 0360
41 Bethlehem 63 Ficksburg N/A 15 Erwee StreetFicksburg9730
051 933 3061 051 933 4086
42 Phuthaditjhaba 64 Vrede PO Box 716Vrede9835
55 Cnr Kerk and RasVrede9835
058 913 3521 058 913 3579
169LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
COMPANY INFORMATION AND CONTACT DETAILS
3. Map
170 LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
NOTES
D LEGAL AID SOUTH AFRICA ANNUAL REPORT 2014–2015
Legal Aid House29 De Beer Street, Braamfontein
Johannesburg, 2017, South Africa
Private Bag X76Braamfontein, 2017
Telephone+27 11 877 2000
Ethics Hotline0800 153 728
Legal Aid Advice Line0800 110 110
Emailcommunications2@legal-aid.co.za
Websitewww.legal-aid.co.za
RP140/2015ISBN: 978-0-621-43562-7