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OFFICE OF THE CHIEF JUSTICE

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1 OFFICE OF THE CHIEF JUSTICE
Presentation of the OCJ Quarterly Performance Report: Q1 of 2015/16 FY 14 October 2015 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

2 PRESENTATION OUTLINE Purpose of the presentation
Vision, Mission and Values Establishment of the OCJ as a National Department Mandate of the department Strategic Goals Budget programme structure Legislative Requirements Overview of performance (non-financial performance information) Overall Performance Summary of performance per programme and sub- programme Quarter 1 financial information Adjustment budget OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

3 PURPOSE OF THE PRESENTATION
To present to the Portfolio Committee on Justice and Correctional Services: The 1st quarter Performance Report (Non-financial performance information) The 1st quarter financial information The adjustment budget OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

4 ESTABLISHMENT OF THE OCJ
Proclamation The OCJ was proclaimed by the President of the RSA on 23 August 2010 for the purpose of providing support to the CJ in his dual role as the Head of the Judiciary and the Constitutional Court. The Minister is the Executive Authority for the OCJ with the Secretary General as Accounting Officer. Constitution Seventeenth Amendment Act, 2012 Designate the Chief Justice as the Head of the entire Judiciary. Empowers the Chief Justice with the responsibility to establish norms and standards for the exercise of judicial functions of all courts. Monitoring of implementation of norms & standards in all courts. Develop guidelines, protocols. Assign the Constitutional Court as the Apex Court OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

5 MANDATE The mandate of the Office of the Chief Justice (OCJ) is to support the Chief Justice in executing administrative and judicial powers and duties as Head of the Judiciary and Head of the Constitutional Court. Functions: To provide and coordinate legal and administrative support to the Chief Justice; To provide communication and relationship management services and inter-governmental and international coordination; To develop courts administration policy, norms and standards; To support the development of Judicial policy, norms and standards; To support the Judicial function of the Superior Courts; To render administrative support to the Superior Courts To support the Judicial Service Commission in the execution of its mandate; To support South African Judicial Education Institute in the execution of its mandate; and To administer Judges’ Remuneration and Conditions of Employment Act OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

6 MANDATES (continued) Legislative Mandate Superior Courts Act, 2013
CJ exercise responsibility over the administration of judicial functions of all courts. Judges Presidents to assume responsibility over coordination of judicial functions of all courts within each province. South African Judicial Education Institute Act, The Chief Justice is the Chairperson of the SAJEI Council. SAJEI was established to provide judicial education to all Judicial Officers. The responsibility for the training of Magistrates has been transferred from Justice College to SAJEI since January 2012. Judicial Service Commission Act, 1994 – The Chief Justice is the Chairperson of the Judicial Service Commission which inter alia is responsible for the recommendation of candidates for judicial appointment and dealing with complaints lodged against Judges. Public Finance Management Act, 1999 Public Service Act & Regulations OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

7 VISION, MISSION AND VALUES
A single, transformed and independent Judicial system that guarantees access to justice for all Mission To provide support to the Judicial system to ensure effective and efficient court administration services Values - Respect and protection of the Constitution - Honesty and integrity - Openness and transparency - Professionalism and excellence OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

8 The 3 Strategic Goals of the OCJ are as follows:
STRATEGIC OUTCOME- ORIENTED GOAL 1 CAPACITATE THE OFFICE OF THE CHIEF JUSTICE Goal Statement Secure adequate human resources for the OCJ to enable it to carry out its mandate effectively by attracting and recruiting competent personnel STRATEGIC OUTCOME- ORIENTED GOAL 2 SUPPORT THE CHIEF JUSTICE IN THE FULFILLMENT OF HIS FUNCTIONS AS THE HEAD OF THE JUDICIARY Enable the Chief Justice as the Head of the Judiciary to deliver on his Constitutional mandate by providing administrative support STRATEGIC OUTCOME- ORIENTED GOAL 3 RENDER EFFECTIVE AND EFFICIENT ADMINISTRATION AND TECHNICAL SUPPORT TO THE SUPERIOR COURTS Support the efficiency of the Superior Courts in the provision of their services of improving case finalisation rate and reducing case backlogs by providing continuous administrative and technical support. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

9 BUDGET PROGRAMME STRUCTURE
OCJ carries out its mandate through: Programme 1: Administration Programme 2: Judicial Support & Court Administration Programme 3: Judicial Education & Research OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

10 QUARTER 1 NON-FINANCIAL PERFORMANCE REPORT
OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

11 LEGISLATIVE REQUIREMENTS
The quarterly non-financial performance report is informed by the following legislation and prescripts: Treasury Regulations 5.3.1, issued in terms of the PFMA, No 1 of 1999 National Treasury Framework for Strategic Plans and Annual Performance Plans, 2010 Department of Planning, Monitoring and Evaluation guideline on the preparation of quarterly performance reports (dated May 2015) Office of the Chief Justice Policy on Managing Performance Information OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

12 OVERVIEW OF QUARTER 1 PERFORMANCE
OCJ has a total of 35 indicators in the 2015/16 APP. 29 targets were set for reporting in quarter 1. 18 (62%) targets were achieved. Of the 62% targets achieved, 44% of the targets were achieved and exceeded. 11 (38%) targets were not achieved. Programme 1: Administration achieved 55% of the set targets. Programme 2: Judicial Support and Court Administration achieved 67% of the set targets. Programme 3: Judicial Education and Research programmes, achieved 67% of the set targets. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

13 PERFORMANCE PER PROGRAMME PROGRAMME 1: ADMINISTRATION
OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

14 PERFORMANCE PER PROGRAMME: ADMINISTRATION
Purpose To provide strategic leadership, management and support services to the department. Sub-programmes Management Corporate Services Finance Administration Internal Audit and Risk Management Services Office Accommodation Strategic Objectives Ensure effective and efficient management and overall administration of the department Render effective corporate support services to the judiciary and the department Render financial, supply chain and assets management services to the judiciary and the department Ensure good governance in the administration of the department Ensure sound acquisition of office accommodation for the department OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

15 PERFORMANCE PER PROGRAMME: ADMINISTRATION CONT…
Programme 1 has a total of 14 indicators in the 2015/16 APP 11 targets were due to be reported on during quarter 1 of 2015/16 financial year 3 targets were not applicable for the first quarter. Of the 11 targets that were due to be reported on within the programme, 6 (55%) were achieved. 5 (45%) of the targets were not achieved. Targets that were not achieved were mainly in the areas of: Corporate services (filling of critical funded vacant posts, communication activities and the development of a draft ICT Master Systems Plan); Financial administration (payment of invoices within 30 days) Risk management (investigation of fraud cases within the stipulated timelines). OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

16 PERFORMANCE PER SUB-PROGRAMME: ADMINISTRATION
Management sub-programme had 1 target which was achieved. Corporate services achieved 2 targets and 2 were not achieved. Financial administration achieved 1 target and 1 was not achieved. Internal Audit and Risk Management Services achieved 2 targets and 1 was not achieved. Office accommodation had 1 target which was achieved. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

17 PERFORMANCE PER SUB-PROGRAMME: ADMINISTRATION
Management sub-programme achieved 100% of the set targets for quarter 1. Corporate services achieved 50% of the set targets and 50% targets were not achieved. Financial administration achieved 50% of the set targets and 50% targets were not achieved. Internal Audit and Risk Management Services achieved 67% targets and 33% was not achieved. Office accommodation achieved 100% of the set target. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

18 PROGRAMME 1: ADMINISTRATION Q1 PERFORMANCE INFORMATION
Ser No. Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 1 Number of Executive Management meetings convened 10 3 4 -1 - 2 Percentage of identified critical funded posts filled 90% 8% 82% Transfer of courts Close of JYP system Confirmation of budget Late submissions Request for identified critical funded post to be submitted a month before

19 PROGRAMME 1: ADMINISTRATION Q1 PERFORMANCE INFORMATION CONT….
Ser No. Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 3 Number of EWP programmes conducted 4 1 - ICT Master System Plan developed and implemented within the OCJ ICT Master System Plan developed 1st draft ICT Master System Plan developed 1st interim draft completed Draft MSP not yet completed Awaiting consultation and validation with the Administration and the Judiciary Consultative Workshop planned for July 2015 5 Number of communication activities implemented in line with the communication strategy 12 2 The external newsletter is still in its conceptual phase and as such is still to be approved The OCJ is working towards a print ready model. 6 Number of financial performance reports produced in line with the PFMA

20 PROGRAMME 1: ADMINISTRATION Q1 PERFORMANCE INFORMATION CONT….
Ser No Performance Indicators 2015/16 Annual target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 7 Percentage of received invoices paid within 30 days 100% 72% 28% Due to the OCJ being a new department, BAS was only available after middle of May 2015 to effect payments. Most of the supplier entities not paid within 30 days could only be registered after opening of BAS. The OCJ thus operated for a month and a half without being able to effect payments. Once BAS was available, overtime was granted for capturing of entities. Payment registers are implemented across the Department and Circular 7 of 2015 was sent to all budget managers in order to instruct them to adhere to the timeframes and procedures. 8 Number of internal audit reviews conducted 10 3 - 9 Number of risk assessments conducted 4 1

21 PROGRAMME 1: ADMINISTRATION Q1 PERFORMANCE INFORMATION CONT….
Ser No. Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 10 Percentage of identified fraud cases investigated within 60 days 100% 71% 29% Forensic investigation prolonged due to gathering of evidence and additional information Unavailability of witnesses and suspects Capacity constrains Finalise the 3 cases not yet due within 60 days. Request for additional capacitation and resources for the Unit to be made. 11 Office accommodation for the department acquired by 2015 Office accommodation acquired Needs analysis conducted Needs Analysis conducted -

22 PERFORMANCE PER PROGRAMME PROGRAMME 2: JUDICIAL SUPPORT AND COURT ADMINISTRATION
OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

23 PERFORMANCE PER PROGRAMME: JUDICIAL SUPPORT AND COURT ADMINISTRATION
Purpose To provide judicial support and court administration services to the Superior Courts, including secretariat and administrative support services to the Judicial Service Commission (JSC) Sub-programmes Administration of Superior Courts Judicial Service Commission Constitutional Court Supreme Court of Appeal High Courts Specialised Courts Strategic Objectives Ensure effective and efficient administration of the superior courts Render secretariat and administrative support services to the Judicial Service Commission Enhance efficiency and timeous delivery of judgements at the constitutional court Enhance efficiency and timeous delivery of judgements at the Supreme Court of Appeal Enhance efficiency and timeous delivery of judgements at the High courts Enhance efficiency and timeous delivery of judgements at the Specialised Courts OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

24 15 targets were due to be reported on during quarter 1 of 2015/16 FY.
PERFORMANCE PER PROGRAMME: JUDICIAL SUPPORT AND COURT ADMINISTRATION CONT… The programme has a total of 18 indicators in the Annual Performance Plan. 15 targets were due to be reported on during quarter 1 of 2015/16 FY. 3 were not applicable for the 1st quarter. 10 (67%) were achieved during quarter 1. 5 (33%) of the targets were not achieved. The 10 (67%) achieved targets include the target of the indicator “Percentage of Electoral cases finalized”, which did not receive any cases during quarter 1. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

25 PERFORMANCE PER SUB-PROGRAMME: JUDICIAL SUPPORT AND COURT ADMINISTRATION
Administration of Superior Courts achieved 3 of the set targets for quarter 1 and 1 was not achieved. Judicial Service Commission (JSC) had one target which was achieved. Constitutional Court had 1 target which was not achieved. Supreme Court of Appeal (SCA) had one target which was achieved. High Courts achieved 3 of the set targets and 1 was not achieved. Specialized Courts achieved 2 of the set targets and 2 were not achieved. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

26 PERFORMANCE PER SUB-PROGRAMME: JUDICIAL SUPPORT AND COURT ADMINISTRATION
Administration of Superior Courts achieved 75% of the set targets for quarter 1 and 25% was not achieved. JSC achieved 100% of the set targets. Constitutional Court achieved 0% of the set targets. SCA achieved 100% of the set targets. High Courts achieved 75% of the set targets for quarter 1 and 25% was not achieved. Specialized Courts achieved 50% of the set targets and 50% were not achieved.

27 PROGRAMME 2: JUDICIAL SUPPORT AND COURT ADMINISTRATION Q1 PERFORMANCE INFORMATION
Ser No Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 1 Number of judicial meetings coordinated 18 7 6 JCFMC resolved that no further meetings will be held until the sub-committee has concluded its work These meetings are held at the instances of Judges 2 Percentage of default judgments granted by Registrars 55% 69.25% -14% - 3 Percentage of taxations finalised 62% 84.29% -22% 4 Customer service improvement plan developed and implemented in all Superior Courts Customer service improvement tool developed and piloted in 6 Superior Courts Draft customer improvement tool developed Draft customer service improvement tool developed 5 Number of Judicial Service Commission sittings coordinated

28 PROGRAMME 2: JUDICIAL SUPPORT AND COURT ADMINISTRATION Q1 PERFORMANCE INFORMATION
Ser No. Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 6 Percentage of cases finalised (Constitutional Court) 80% 69% 11% The impact of extended jurisdiction of the Court (increased workload as result of the 17th Constitution Amendment Act, 2013 Performance to be discussed with the Head of Court 7 Percentage of cases finalised (Supreme Court of Appeal) 91.49% -11% - 8 Number of criminal cases on the backlog roll (High Court) 206 240 153 -87

29 PROGRAMME 2: JUDICIAL SUPPORT AND COURT ADMINISTRATION Q1 PERFORMANCE INFORMATION
Ser No. Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 9 Percentage of criminal cases finalized with verdicts (High Court) 62% 62.20% 0% - 10 Percentage of civil cases finalised (High Court) 52% 67.39% -15% 11 Percentage of reserved judgments finalised (High Court) 70% 15.06% 55% Factors affecting performance relate inter alia to growing caseloads and inadequate research capacity especially in complex matters. Policy instrument in development stage to allow expansion of judicial capacity to match the workload. Continuous efforts to increase capacity at the courts. 12 Percentage of labour cases finalised (Specialised Court) 52.20%

30 PROGRAMME 2: JUDICIAL SUPPORT AND COURT ADMINISTRATION Q1 PERFORMANCE INFORMATION
Ser No. Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 13 Percentage of land claims cases finalised (Specialised Court) 52% 45.65% 6% Complexity of cases, delays in referral of cases, dependency on various stakeholders such as the Commission on Restitution of Land Rights Continuous engagement with the relevant stakeholders 14 Percentage of Electoral case finalised (Specialised Court) 90% No cases were received in Q1 - 15 Percentage of Competition Appeal cases finalised (Specialised Court) 72% 50% 22% Specialised nature of cases (commercial), dependency on various stakeholders such as the Competition Commission and the Tribunal Performance to be discussed with the Head of Court

31 PERFORMANCE PER PROGRAMME PROGRAMME 3: JUDICIAL EDUCATION AND RESEARCH
OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

32 PERFORMANCE PER PROGRAMME: JUDICIAL EDUCATION AND RESEARCH
Purpose To provide education programmes to Judicial Officers, including policy development and research services for the optimal administration of justice Sub-programmes South African Judicial Education Institute (SAJEI) Judicial Policy and Research. Strategic Objectives Capacitate serving and aspirant Judicial Officers to perform optimally. Enhance the governance of the Judiciary and the OCJ. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

33 PERFORMANCE PER PROGRAMME: JUDICIAL EDUCATION AND RESEARCH CONT…
The programme has a total of 3 indicators in the APP which were all due to be reported on during quarter 1 of 2015/16 FY. 2 (67%) targets were achieved 1 (33%) target was not achieved The target that was not achieved was in relation to the disclosure of Judges registrable interests, where 1 judge failed to disclose. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

34 PERFORMANCE PER SUB-PROGRAMME: JUDICIAL EDUCATION AND RESEARCH
SAJEI had 1 target which was achieved. Judicial Policy and Research achieved 1 of the set targets for the first quarter and 1 target was not achieved. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

35 PERFORMANCE PER SUB-PROGRAMME: JUDICIAL EDUCATION AND RESEARCH
SAJEI achieved 100% of the set targets. Judicial Policy and Research achieved 50% of the set targets for the first quarter and 50% targets were not achieved. OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

36 PROGRAMME 3: JUDICIAL EDUCATION AND RESEARCH
Ser No Performance Indicators 2015/16 Annual Target Quarter 1 Target Quarter 1 Actual Deviation Reason for Deviation Planned Action 1 Number of judicial education courses conducted 65 10 12 -2 - 2 Number of advisory opinions on policy development and regulatory services provided 14 4 9 -5 3 Percentage of disclosures for Judges’ Registrable Interest 100% 97.36% 2.64% 1 Judge failed to disclose the registrable interests The Judge has been reported to the Judicial Conduct Committee of the Judicial Service Commission

37 OCJ QUARTER 1 FINANCIAL PERFORMANCE REPORT
OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

38 QUARTER 1: BUDGET AND EXPENDITURE
Programme Total Budget Q1 Budget Q1 Expend-iture Q1 Vari-ance R’000 % Programme 1: Administration 69 411 16 556 9 805 40.8 Programme 2: Judicial Support and Court Administration (2.6) Programme 3: Judicial Education and Research 32 643 3 924 2 825 28.0 Sub-Total 2.0 Direct charge from National Revenue Fund 25.3 Judges’ salaries Total 14.6 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

39 QUARTER 1: BUDGET AND EXPENDITURE
The year-to-date (YTD) variance of 40.8% (R6.751 million) in Programme 1 is due to delay in the procurement of the Judges’ vehicles that were projected to be ordered during Q1. - 4 Judges vehicles were ordered in Q2 The YTD variance of 2.6% (R4.207 million) over the projected budget in Programme 2 relates to the employees transferred by the DoJ&CD without budget as well as wrong allocation of Judges salaries against voted funds. - This was rectified during the AENE process. The YTD variance of 28% (R1.099 million) in Programme 3 is due to reprioritization of training programmes for Q1 as a result for non-appointment of magistrates. The YTD variance of 25.3% (R million) on Direct charge is due to wrong allocation of Judges salaries against voted funds. - This has been rectified in Q2 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

40 QUARTER 1: BUDGET AND EXPENDITURE (Cont.)
Economic classification Total Budget Q1 Budget Q1 Expend-iture Q1 Vari-ance R’000 % Compensation of employees 2.5 Goods and services 62 850 16 449 73.8 Transfers and subsidies 55 300 9 818 9 574 Purchase of capital assets 13 769 3 765 282 92.5 Payment for financial transactions - Total 14.6 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

41 QUARTER 1: BUDGET AND EXPENDITURE
The YTD variance of 2.5% (R7.905 million) in compensation of employees is due to delay by government in implementing the salary adjustment. Salary adjustments have been implemented by Government during Quarter 2 The YTD variance of 73.8% (R million) in goods and services is mainly due to the outstanding G-Fleet invoices for the Judges’ and pool cars which has not been paid since April The invoice amount is estimated at R million for the Q1. The variance is also due outstanding invoices for the telephone bill in some of the Superior Courts. Outstanding invoices have been received from the relevant service providers during Quarter 2 The YTD variance of 92.5% (R3.483 million) in capital assets is due to delays in procurement of the Judges’ vehicles. Four judges’ vehicles have been procured during Quarter 2 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

42 ADJUSTED ESTIMATES OF NATIONAL EXPENDITURE
Economic classification Original Budget Request Additions Adjusted Budget R’000 2015/16 ENE Budget - Difference between projected and actual salary increases (National Treasury) Compensation of employees 20 049 15 166 Transfer of functions (DoJ&CD) 25 612 25 796 Personnel transferred after budget approval 5 612 5 596 IJS budget Goods and services 20 000 Day to day maintenance – Superior Courts 200 TOTAL 45 661 40 962 OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA

43 THANK YOU OFFICE OF THE CHIEF JUSTICE REPUBLIC OF SOUTH AFRICA


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