1 Parliamentary Portfolio Committee on Justice Briefing 9 May 2007 Briefing to Parliamentary...

1 Parliamentary Portfolio Committee on Justice

Briefing 9 May 2007

Briefing to Parliamentary Portfolio Committee: Justice

LAB Annual Report2005/06 and 2006/07

presented by

Vidhu VedalankarCEO - LAB

9 May 2007


Briefing 9 May 2007

Overview of Presentation

LAB Report on Performance 2005/06 and 2006/07

Legal Services Delivery

Legal Services Delivery Information

Finances

Human Resources

Governance, Risk and IT

LAB Challenges

LAB Overall Summary of Performance


Briefing 9 May 2007

Legal Services Delivery


Briefing 9 May 2007

2005/06 Strategic Priorities

• Improving client focus and accessibility

• National Provincial and Local Coverage

• Improving the quality in legal services delivery

• Research and development in support of delivery

• Building stakeholder interaction.

• Building an efficient justice system

• Increased awareness of citizen’s rights to access to justice in terms of the constitution

LAB Report on Performance 2005/06 and 2006/07 : Legal Services Delivery


• Increasing access to legal aid services.

• Improving the quality in legal services delivery

• Delivering a client centred legal aid service

• Improving stakeholder relations and increasing the profile of the LAB

• Building an efficient justice system

• Increased awareness of citizen’s rights to access to justice in terms of the constitution


Briefing 9 May 2007

2005/06

• LAB services made available at all criminal courts

• Access to LAB services increased as 340 344 new matters were recorded on the case load – new matters grew by 11% as compared to 2004/05

• Client focus was improved by enhancing services to awaiting trail prisoners with a particular focus on children awaiting trial, implementation of client relationship management programmes and a client services charter.

• Quality assurance, intervention and monitoring programmes were implemented

• Ratio of supervisors to legal staff increased

• Legal training enhanced knowledge and skills impacting positively on quality

• Independent quality assessment conducted confirmed the benefits of the quality management programme.

Legal Services Delivery Programme Achievements (page1 of 2)

2006/07

• LAB services made available at all criminal courts

• Access to LAB services increased as 387 374 new matters were recorded on the case load – new matters grew by 14% as compared to 2005/06

• Client focus continued to improve with the opening of LAB children’s units across the country being significant, and focus on ATP continued.

• Client relationship management programme reviewed to ensure effectiveness

• Quality assurance, intervention and monitoring programmes were implemented

• Focus on better prepared legal practitioners

• Court observation programme was strengthened

• Court stakeholder quality feedback on performance

• Legal training enhanced knowledge and skills impacting positively on quality

• Recommendations from the independent quality audit implemented


Briefing 9 May 2007

2005/06

• Criminal court coverage maintained on a National basis.

• A number of precedent setting impact litigation cases funded

• Research and development delivered a number research projects including a review of the role of the LAB in providing civil legal services and the need for legal aid in the next two decades.

• Stakeholder forums were convened in all provinces and regional stakeholders engaged on a call diary system.

• Specific stakeholder forums convened in respect of children and consultation on LAB Strategic Plan 2006-09

• Proactive contribution to legal justice system by participation in DOJ review teams, research projects and efficiency task teams.

• Regular community meetings held across the country, annual newsletter distributed to 6million households, educational material developed and distributed.

• Two omnibus surveys indicate increased awareness and confidence in LAB brand

Legal Services Delivery Programme Achievements (page2 of 2)

2006/07

• Criminal court coverage maintained on a National basis

• Precedent setting impact litigation funded.

• Stakeholder forums were convened in all provinces and regional stakeholders engaged on a call diary system.

• National access to justice conference hosted

• Increased representation on national and provincial steering committees established to improve justice system efficiency

• Public education campaign maintained including community meetings held across the country, annual newsletter distributed to 6million households, educational material developed and distributed.

• Increased LAB brand awareness confirmed once more through omnibus survey


Briefing 9 May 2007

Building an Efficient Justice System

Participated in various Justice Cluster Initiatives

Criminal Justice Review•Member of Research Team •Nominated members to Ministerial Review Team•Various Project Plans prepared•Slow Progress but Project Office being capacitated

Case Backlog•Member of Ministers Task Team & Operational Team•Rolled out to 20 Courts•Further roll out being planned for 2007/2008•No additional funding received for 2006/2007•DOJ & NPA received R 45m & R 50m respectively•Awaiting additional funding from DOJ for 2007/2008

White Paper processWritten submission made to White Paper on Transformation of Judiciary

Legal Services CharterWritten Submission made

Invited to participate in Focus Working Group


Briefing 9 May 2007

Legal Services DeliveryInformation

Justice Centres per province : 2006/07

REGIONAL OFFICES PROVINCEJUSTICE CENTRES

SATELLITE OFFICES

HIGH COURT UNITS

KwaZulu Natal/ Mpumulanga KwaZulu Natal 10 6 2

Mpumulanga 4 5 0

Eastern Cape/ Free State Eastern Cape 10 9 4

Free State 4 2 1

Western Cape/Northern Cape Western Cape 7 8 1

Northern Cape 3 2 1

North West 5 2 1

Kopanong Gauteng 8 4 2

Limpopo 5 3 1

North West 2 0 0

TOTAL SOUTH AFRICA 58 41 13

8 new Satellite Offices opened between 2005/06 – 2006/07

Staff per province : 2006/07Province #JCs # Legal # Non-Legal # Total %

Eastern Cape 10 243 61 304 16%

Free State 4 86 25 111 6%

Gauteng 8 317 63 380 19%

Limpopo 5 85 24 109 6%

North West 7 115 35 150 8%

KwaZulu Natal 10 260 64 324 17%

Mpumulanga 4 87 19 106 5%

Western Cape 7 230 43 273 14%

Northern Cape 3 60 12 72 4%

National Office 6 118 124 6%

Total Staff - Actual 58 1489 464 1953 100%

Total Staff - Budget 1622 (76%) 513 (24%) 2135

% Recruited 92% 90%

2005/06

Total Staff - Actual 58 1301 449 1750

Total Staff - Budget 1465 505 1961

% Recruited 89% 89%

Total new legal matters per delivery system 2005/06 & 2006/07

2005/06 2006/07 %

Number % Number % Var

Justice Centre 291,457 86% 342,575 88,4% 2,4%2,4%

Judicare Matters 42,787 13% 39,331 10,2% -2,8%-2,8%

Co-operation Partners 6,000 2% 5,468 1,4% -0,6%-0,6%

Total 340,244 100% 387,374 100% 14%14%

Note: Data for 2006/07 is unaudited – not to be quoted

Total legal matters per delivery system 2004/04, 2005/06 & 2006/07

0.00

50,000.00

100,000.00

150,000.00

200,000.00

250,000.00

300,000.00

350,000.00

400,000.00

2004/05 2005/06 2006/07

Justice Centre New Matters Judicare Matters Co-operation Partners New Matters


% of Legal matters per delivery system 2006/07

Justice Centre New Matters

89%

Judicare Matters

10%

Co-operation Partners New

Matters1%



Briefing 9 May 2007

Mixed delivery system over the 3 years period

2004/052005/06

2006/07

0.00

50,000.00

100,000.00

150,000.00

200,000.00

250,000.00

300,000.00

350,000.00

400,000.00

Co-operation PartnersNew Matters

Judicare Matters

Justice Centre NewMatters


New legal matters per delivery system : Civil/Criminal 2005/06

NEW MATTERS PER DELIVERY SYSTEM

REGION Criminal Civil Total %

Justice Centre New Matters 255,153 36,304 291,457 85.7%

Judicare New matters 41,231 1,556 42,787 12.6%

Co-operation Partner New matters 995 5,005 6,000 1.8%

TOTAL 297,379 42,865 340,244 100.0%

% 87% 13%

New legal matters per delivery system : Civil/Criminal 2006/07



Judicare New matters 37,007 2,324 39,331 10.2%

Co-operation Partner New matters 1,169 4,299 5,468 1.4%

TOTAL 345,490 41,884 387,374 100.0%

% 89% 11%


Finalised legal matters per delivery system : Civil/Criminal 2005/06

FINALISED MATTERS PER DELIVERY SYSTEM



Judicare New matters 32,524 417 32,941 10.9%

Co-operation Partner New matters 1,312 4,048 5,360 1.8%

TOTAL 270,206 32,920 303,126 100.0%

% 89% 11%

Finalised legal matters per delivery system : Civil/Criminal 2006/07

FINALISED MATTERS PER DELIVERY SYSTEM


Justice Centre Finalised Matters 310,409 34,362 344,771 94.9%

Judicare Finalised matters 13,740 12 13,752 3.8%

Co-operation Partner Finalised matters 1,225 3,622 4,847 1.3%

TOTAL 325,374 37,996 363,370 100.0%

% 90% 10%


New legal matters per delivery system per province : 2005/06

JC Judicare Co-op Partner Totals %

Gauteng 63,117 8,929 1,471 73,577 22%

NW 23,117 905 - 24,022 7%

Limpopo 14,678 1,640 - 16,318 5%

EC 36,304 10,144 - 46,448 14%

FS 13,307 4,491 3,839 21,637 6%

WC 61,465 4,849 376 66,690 20%

NC 9,838 2,851 - 12,689 4%

KZN 55,581 5,413 199 61,193 18%

MP 13,990 3,565 115 17,670 5%

291,457 42,787 6000 340,244 100%


JC Judicare Co-op Partner Totals %

Gauteng 75,904 8,445 2,065 86,414 22%

NW 22,224 1,519 23,743 6%

Limpopo 16,738 718 17,456 5%

EC 47,621 8,461 56,082 14%

FS 16,520 5,513 1,827 23,860 6%

WC 65,819 5,001 1,088 71,908 19%

NC 13,413 3,988 17,401 4%

KZN 64,262 3,990 294 68,546 18%

MP 20,074 1,696 194 21,964 6%

342,575 39,331 5,468 387,374 100%



Briefing 9 May 2007


Gau

teng

NW

Lim

popo

EC

FS

WC

NC

KZ

N

MP

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

Co-op Partner

Judicare

JC


Legal services co-operation partners : 2005/06 & 2006/07

Name of Co-operation Partner Province

New Matters 2005/06

New Matters 2006/07

University of Pretoria Gauteng 249 640

Wits Law Clinic Gauteng 1,222 1,425

KZN Land Legal Cluster KZN 105 159

Campus Law Clinic KZN 94 135

Mpumalanga Land Legal Cluster MP 115 194

Free State Rural Development Association Free State 262 368

Free State University Free State 3,577 1,459

University of the Western Cape WC 148 512

University of Stellenbosch WC 228 576

TOTAL CO-OPERATION PARTNERS NEW LEGAL MATTERS 6,000 5,468


Summary of Outcome Analysis on charge including withdrawals : 2006/07 (Q4 data)

Outcome Analysis on Charge

To

tal C

ou

nt

Count of

charges %

Acquittal 25,059 9%

Conviction on Lesser Charge

33,396 12%

Conviction on Main Charge

50,144 18%

Withdrawn 163,297 61%

Grand Total 271,896 100%

Withdrawn61%


18%

Acquittal9% Conviction on Lesser

Charge12%


Summary of Outcome Analysis on charge excluding withdrawals : 2006/07 (Q4 data)

Outcome Analysis on Charge

To

tal C

ou

nt

%

Acquittal 23%


31%


46%

Acquittal23%


31%


46%


Reasons for postponements 2006/07Parents/guardians 0.14%

Referral for observations 0.31%

Charge sheet 0.21%

Interpreter absent 0.23%

Application for transcript 0.25%

Leave to appeal 0.23%

Tracing co-accused 0.71%

Correctional Services 0.55%

Pre-sentence report 0.89%

Probation officer report 1.34%

Co-accused 1.86%

Representations 1.29%

Police 1.46%

Crowded out 1.89%

Witnesses absent 2.26%

Sentence/SAP69 3.98%

Court 5.28%

Part-heard 9.79%

LAB 4.48%

Other 14.38%

Further investigation 20.53%

Prosecution 27.93%



Briefing 9 May 2007

Reasons for postponements

Court5%

Part-heard10%

Other14%

Further investigation

21%

Prosecution28%

LAB4%

Parents/guardians

Referral for observations

Charge sheet

Interpreter absent

Application for transcript

Leave to appeal

Tracing co-accused

Correctional Services

Pre-sentence report

Probation officer report

Co-accused

Representations

Police

Crowded out

Witnesses absent

Sentence/SAP69

Court

Part-heard

LAB

Other


Matter differentiation - criminal : 2006/07

Type of matter - criminal

Number %

Aggressive

155,309 44.6%

Economic107,169 31.6%

Narcotic20,157 4.9%

Sexual41,496 10.7%

Other29,080 8.2%

Total 340,472 100.0%

Aggressive44%

Economic30%

Narcotic6%

Sexual12%

Other8%


Matter differentiation - civil : 2006/07 Type of matter - civil Total %

Children 1525 4.3%

Civil 22811 64. 4%

Custody Children 824 2.3%

Divorce 6630 18.7%

Domestic Violence 392 1.1%

Impact Litigation 71 0.2%

Labour 1638 4.6%

Labour tenant /ESTA 102 0.3%

Land Restitution Claim 48 0.1%

Maintenance 1365 3.9%

MVA/RAF 44 0.1%

Total 35450 100.0%



Briefing 9 May 2007

Matter differentiation - civil

Civil65%

Custody Children

2%

Divorce19%

Labour5%

Children4%

Maintenance4% Children

Civil

Custody Children

Divorce

Domestic Violence

Impact Litigation

Labour

Labten/occ/ESTA

Land Restitution Claim

Maintenance

MVA/RAF



Briefing 9 May 2007

Finances


Briefing 9 May 2007


• Maintaining unqualified audit report status

• High quality financial management information ensuring performance driven expenditure management and low levels of under-expenditure

• Sound fixed asset management

• Reduced ratio of indirect to direct costs

• Sound creditor management practices.

Finance


• Maintaining unqualified audit report with no emphasis of matter items

• Expenditure within 99,5% of budget, zero overexpenditure

• Sound fixed asset management

• Sound supply chain management including BEE monitoring.

• Sound creditor management practices


Briefing 9 May 2007

2005/06

• Unqualified audit report status was maintained.

• Accurate management accounts produced monthly, expenditure patterns monitored, under expenditure diverted to augment legal service delivery

• Under expenditure limited to 0,5%

• Fixed assets management programme implemented but remained a challenge resulting in an emphasis of matter

• Creditors managed successfully, account payment backlog detected in the 2nd quarter cleared immediately

Finance Programme Achievements (page1 of 1)

2006/07

• Extreme care undertaken to address all items raised in A-G management letter – audt status awaited.

• Expenditure within 99,5% of budget

• Fixed asset register reconciled to general ledger throughout year, physical verifications conducted bi-annually, fixed assets management procedure introduced,

• Capital Replacement Programme approved.

• Supply chain management implemented in line with PFMA and BB BEE.

• Preferred supplier data base developed to aid BEE monitoring.

• Creditors managed successfully, no payment backlogs experienced


Briefing 9 May 2007

Finance MTEF Allocations

• The LAB received the following government grants for the periods under review:

– FY 2004/05 – R390,525,000

– FY 2005/06 – R453,228,000

– FY 2006/07 – R501,409,000

– FY 2007/08 – R574,727,000

• 2006/07 funding included an additional allocation of R35million, of which R10million was for the legal representation of children.

• 2007/8 funding include additional allocation of R50million for new programmes


Briefing 9 May 2007

Additional MTEF allocation R50m

1 Increase ratio of PAs at Regional courtsR

23,540,000

2 Strengthening CA capacity at reception courts R 4,350,000

3 Increase number of satellite offices - National Footprint extension R 6,560,000

4 Increasing senior litigation capacity R 4,792,500

5 Provision for admin staff to match increase in legal staff (NPI ratio) R 2,550,000

6Administration costs added as new programmes added R 5,917,000

7COL adjustment (additional MTEF programmes for FY 06/07 [R35m]) R 2,290,500

R

50,000,000


Briefing 9 May 2007

Budgets 2005/06 & 2006/07 & 2007/08

2005/06 2006/07 2007/08

MTEF Allocation 2006/07 R 453,228,000 1 R 501,409,000 R 574,727,000

Depreciation R 12,902,729 R 15,163,584 R 19,708,440

Interest estimate R 15,588,037 R 14,127,400 R 19,056,398

Staff costs over budget R 16,313,298

BUDGET 2006/07 R 498,032,064 R 530,699,984 R 613,491,838

Approved Roll over / Provision R 78,511,811 2 R 90,000,000



Briefing 9 May 2007

Notes to Budget 2005/06

1. An additional R13,2m was received from DoJ towards the end of the 2005/06 financial year – included in the R453m for 2005/06

2. National Treasury approved R79m to be retained to provide for the contingent liability in the 2004/05 annual financial statements, primarily for judicare commitments.

3. The expenditure against budget for 2005/06 (on the next slide) indicates the budget as R576m because it includes the R79m funds carried forward to honour judicare commitments

4. Capital budget constituted 1% of total budget for 2005/06 and increased to 2% in 2006/07 due to part funding for Legal Aid House


Briefing 9 May 2007

Budget vs Expenditure 2005/06Budget

31/3/2006

Expenditure 31/3/2006

% of Variance

Personnel 256,971,367 252,144,325 2%

Administrative 178,039,178 118,066,031 34%

Depreciation 16,204,182 21,552,727 (33)%

Miscellaneous 94,779,335 93,540,799 1%

Capex 30,529,812 15,139,334 50%

Total 576,523,874 561,353,345 2%

Commitments - Judicare 50,068,599Commitments - LAH 15,841,000

•Administrative expenditure includes Judicare. The variance relates to Judicare that was committed amounting to R50m•The Capex under expenditure relates to R15m committed for the acquisition of the Legal Aid House•The variance in Depreciation was due to software purchased in the previous year being fully depreciated over two years •When taking commitments into account, the overall under-expenditure amounts to 0,5%


Briefing 9 May 2007

Budget vs Expenditure 2006/07

Budget

31/3/2006

Provisional Expenditure

31/3/2007

% of Variance

Personnel 309,098,406 308,641,953 (0%)

Administrative 84,739,652 88,419,728 (4%)

Depreciation 16,847,679 17,164,967 (2%)

Miscellaneous 102,543,709 94,052,366 8%

Capex 17,470,538 11,448,198 34%

Total Expenditure 530,699,984 518,727,211 2%

•Variance in Administrative expenses is mainly due to provision for judicare•Variance in Depreciation will reduce after taking into account residual values at year end•Variance in CAPEX due to funds set aside for the acquisition of the Legal Aid House



Briefing 9 May 2007

Audit Matters

• The Legal Aid Board received its fifth unqualified audit opinion in the financial year 2005/2006

• The Auditor-General’s report for the financial year 2005/06 had no matters of emphasis

• The Annual Financial Statements for the financial year 2006/07 have been prepared and will be submitted to the Auditor-General by the end of May 2007.


Briefing 9 May 2007

Human Resources


Briefing 9 May 2007


• People development including specialist intervention iro employee safety, attraction and retention, employment equity, employee wellness

• Organisational culture development

• Organisational development including succession planning

• Performance management

Human Resources


• Employee centred programmes including strengthening organisational culture, employee wellness and employee safety

• Diversity management

• Appropriately resourced business with emphasis on skills, competencies and employment equity

• Leadership development

• Knowledge management, learning and innovation

• Succession planning and sustainability

• Performance management


Briefing 9 May 2007

2005/06

• Human capital development plan developed consolidating all people development initiatives.

• Five year employment equity plan approved, affirmative action measures and targets developed.

• HIV/AIDs plan rolled out

• Risks to employee safety identified and mitigating interventions developed

• Employee wellness programme successfully implemented

• Organisational culture plan implemented involving activities aimed at positively aligning organisational culture with stated values, climate survey revealed that programme yielded positive results.

Human Resources Programme Achievements (page1 of 2)

2006/07

• Extensive general and legal training programme was implemented to improve on skills and competencies

• Employment Equity Programme is achieving targets as at year three of the five year plan

• HIV/AIDs strategy 2006-2009 approved

• Employee wellness programme maintained

• Organisational culture programmed strengthened and maintained, employee wellness programme maintained and employee safety monitored


Briefing 9 May 2007

2005/06

• Value centred client services charter and LAB citizens charter developed and formally accepted by all employees.

• Critical posts identified against which succession candidates appointed

• Psychometric testing conducted for succession candidates, individual development programmes developed

• Performance based incentive scheme aligned to 2005/06 business plan successfully implemented – organisational performance scored at 90%

Human Resources Programme Achievements (page2 of 2)

2006/07

• Concerted effort made not to increase number of CAs employed in an effort improve sustainability

• Succession planning programme maintained

• Diversity management training successfully conducted – further roll out in new financial year

• Competency based leadership development programme implemented to improve leadership at middle and senior management levels

• Knowledge management training conducted, processes implemented for the development of an LAB knowledge and innovation strategy

• Performance based incentive scheme aligned to 2006/07 business plan. Performance report currently being audited.


Briefing 9 May 2007

GovernanceRisk

Information Technology


Briefing 9 May 2007

2005/06

Governance

• Ten new Board members were appointed and six existing members re-appointed by the Minister of Justice & Constitutional Development

• New members afforded orientation programme

• Board members trained in the areas of corporate financial reporting and disclosure, risk management and corporate governance

• Board provided strategic direction and oversight of organisational performance

Achievements in other areas : Governance, Risk IT (page1 of 3)

2006/07

Governance

• One new Board member appointed by the Minister of Justice & Constitutional Development to replace practising advocate promoted to the Bench

• One member resigned to assume other responsibilities

• Board members trained in the area of organisational performance management

• Board and committee self evaluation conducted

• Board provided strategic direction and oversight of organisational performance


Briefing 9 May 2007

2005/06

Risk

• Risk management strategy implemented

• Business continuity plan developed

• Fraud prevention programme implemented

• Risk assurance provided by audit coverage plan

• IT disaster recovery contingency tested through simulation

• IT related risks identified, assessed and managed

Achievements in other areas : Governance, Risk IT (page2 of 3)

2006/07

Risk

• Strategic and operational risks identified and mitigating controls exercised.

• Business continuity plan revised, business recovery from one actual disaster successfully managed

• Risk assurance provided by audit coverage plan, computer audits presented a challenge due to capacity constraints

• IT disaster recovery contingency tested through simulation

• IT related risks identified, assess and managed


Briefing 9 May 2007

2005/06

IT

• Ad Infinitum software system implementation stabilised

• Staff buy-in to system achieved

• General computer controls implemented

• Data integrity addressed

• eLearning tools developed

Achievements in other areas : Information Technology (page3 of 3)

2006/07

IT

• Ad Infinitum software system stable and effective

• Full benefits of system augmented

• System enhancements introduced

• eLearning implemented

• New SAP module for human resources introduced


Briefing 9 May 2007

Challenges 2006/07

Delivery of legal services• Continuing to improve access beyond the court

systems – particularly in rural areas – these would be largely civil in nature

• Continuous improvement of quality of legal services – legal services being our core business

• Ratio of practitioners per court continues to be out of sync with other justice stakeholders

• Remuneration of legal practitioners also out of sync within justice cluster – DPSA process underway – slow


Briefing 9 May 2007

LAB OVERALL SUMMARY OF PERFORMANCE 2006/07

• Legal services delivery– Improved access to justice by poor South Africans continues as

capacity increases 387,374 legal matters (2006/07)• Numbers of court rooms serviced

• Number of clients assisted

• Type of legal matters taken up – increase focus on children

• Public education on services offered continues to inform citizens about our services

– Improved quality of legal services delivered as quality programmes consolidated

– Increased participation in justice cluster initiatives– Strong governance and financial management

• Unqualified audit record maintained for 5th year

• First time in 05/06 no emphasis of matters from AG

– Support platform continues to be strengthened• IT platform stabilised – integrity of data improved – BI available

• New IT modules for human resources introduced

• People our key asset - strong focus of human capital development and people development

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