1. Portfolio Committee for Justice and Constitutional Development
Revision of MTSF 2010
Portfolio Committee for Justice and Constitutional Development
9 February 2011

2. Contents Introduction
Auditor General’s comments on Performance Information
Removed KPI’s
Revised KPI’s
Next Steps

3. INTRODUCTION
In April 2010, our strategic plan (MTSF 2010/14) was approved in parliament for implementation in the current year.
Subsequent to this approval, there have been two major concerns that necessitate a revision to this document:
Firstly, our audit report for 2009/10 contains strategic planning findings that we are expected to address during the current year. These findings were only released in June 2010 after the finalisation of our strategic plan. After a thorough review of our strategy, we agree with the Auditor General and therefore this tabling seeks to correct this shortfall.
The Auditor General was consulted during this process and agreed that the department will be audited on the basis of the approved strategy duly amended by this process (revised KPI’s as tabled).
Secondly, we need to response to the new outcomes-based framework of government. Our KPI’s did not respond adequately to this as the strategy was signed in April and the delivery agreement was signed in October.
For these reasons, a revision was done.

4. MANAGEMENT COMMENTS FOR THE 2009/10 AUDIT
The revision of the KPI’s will therefore address the following findings and avoid a repeat: #
FINDINGS
action plan 1
Inadequate content of strategic plan.
The strategic plan of the department did not include all of the department’s programmes, as required by Treasury Regulation 5.2.3(d).
The strategic plans for Programme 4 (NPA) and 5 (Section 9) will be included in the DOJ document 2
Planned and reported performance targets not specific, measurable
Revised indicators to be tabled 3
Planned and reported performance targets not well-defined
Revised indicators to be tabled

5. KPI’S THAT WERE REMOVED
Below is the list of KPI’s that were removed as well as the reason for the removal
Outcome
Indicator
Reason for removal
OP3: Increased conviction rate in fraud and corruption cases to reduce fraud and corruption in the Criminal Justice System
3.1: Ensure 25% of fraud and corruption practices discovered in 2010 in JCPS Cluster are trial ready.
NPA and SAPS are responsible for driving trial readiness. This forms part of the Delivery Agreement
OP9: Unqualified audits on financial reports
9.1: Implement Financial Turnaround Strategy.
Replaced with one “No Audit Qualification” indicator
OP11: Improved justice proximity to communities
11.2: Open 3 courts in rural and township areas
Opening of courts by the Minister is a basic activity and should not be in a strategic plan. (Shouldn't be confused with building of courts)
11.3: Provide 1 Magisterial Court per Municipality district
Engagement with stakeholders have raised policy issues to clarify
OP12: Strengthen international relations and cooperation
12.1: Implement signed cooperation agreements within agreed timeframes
A new SMART indicator has been proposed.
OP16: Increased support to victims of crime
16.2: Ensure 30% of identified cases are dealt with through justice restorative interventions
NPA target.

6. KPI’S THAT WERE REMOVED
Outcome
Indicator
Reason for removal
OP20: Effective implementation of the 7 Point Plan
20.2: Ensure all 9 interventions/protocols are developed for sign off by cluster partners
Cluster target - moved to the Delivery Agreement
OP22: Increased case finalisation for criminal cases
22.1: Increase matters dealt by admission of guilt fines from to
NPA target
22.2: Increase finalisation of lower court criminal cases by 2% in 2010
OP23: Reduce case backlogs in 42 priority courts and increase diversion
23.2: Increase cases diverted by 40% from current baseline
OP24:Reduced trial delays and case postponements
24.1: Increase number of cases concluded using prescreening mechanism developed by NPA
OP25: Improved capability of Regional Offices to improve delivery of justice services
25.1: Manage identified major risks and resolve 90% of Top 5 Risks
Duplicate indicator

7. KPI’S THAT WERE REMOVED
Below is the list of KPI’s that were removed as well as the reason for the removal
Outcome
Indicator
Reason for removal
OP25: Increased capability of Regional Offices to improve delivery of justice services
25.2: Achieve 80% implementation of funded Priority Projects aimed at improving internal control systems
No link between outcome and indicator. A “No audit qualification” target is included.
26.1: Ensure 65% of staff undergo training on Service delivery, IT and Asset, Financial Operations management
Training not a good indicator for the output of improved service delivery. Reporting on training interventions needs to be properly done through HR structures
OP27: Efficient delivery maintenance services
27.2: Ensure maintenance client is served within 2 hours of being on queue
Measurability & audit concerns
OP28: Improved Management of Court to ensure effective and efficient delivery of justice services
28.1: 100% of lost records tracked and restored in ¼ of identified courts per region.
Duplicate indicator

8. KPI’S THAT WERE REMOVED
Below is the list of KPI’s that were removed as well as the reason for the removal
Outcome
Indicator
Reason for removal
OP29: Compliance with Child Justice Act and Children’s Act
29.1: Implement the Child Justice Act 2008 and reduce criminal cases involving children through diversion by 12%
Child diversion included in new diversion Indicator
OP31: Strengthened participatory democracy and promotion Constitution and human rights culture in the country
31.1: Establish a Branch responsible for Constitutional Development and appoint 4 critical staff
Low level activity. Output indicator will be included in 2011/12.
OP33: Improved provision of legal advisory services to provincial and national departments
33.2: Conduct a survey to show that 60% of the departments are satisfied with the legal advice provided
Need baseline study before target can be proposed
OP36: Improved provision of Guardians’ Fund to the beneficiaries
36.2: Sustain unqualified audit findings in the management of Guardians’ Fund
All unqualified areas (including Guardian Fund) are expected to remain that way

9. REVISED INDICATORS
The attached document shows the revised indicators, taking into account the guidelines stipulated by the Auditor General, which are:
Ensuring that the indicators are Specific, Measurable, Attainable, Relevant and Time-bound
Separating the target and the indicator to allow a multi-year view
Include strategic plans for other programmes funded by the DOJCD

10. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATORS
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATORS
Improve corporate governance to comply with PFMA requirements
OP1: Improve Enterprise Risk Management systems
1.1. Resolve 90% of Top 5 Corporate Risks.
1.1: Risk mitigation for corporate risks developed by target date
OP2: Improve strategic planning and internal controls to comply with PFMA requirements
2.1 Achieve unqualified audit report on performance information management.
2.1: Percentage of audit findings on strategic planning and performance management resolved
2.2. Complete 80% of approved audit plans.
2.2: Percentage of the approved audit plan completed by Internal Audit
Improve management of fraud and corruption
OP3a: Increase awareness of fraud and corruption
3.1: Ensure 25% of fraud and corruption practices discovered in 2010 in JCPS Cluster are trial ready.
3.1: Departmental anti-corruption policy and strategy completed by target date
3.2: Conduct at least 10 staff awareness raising sessions.
3.2: Number of fraud and corruption staff awareness workshops conducted
OP3b: Timely finalisation of fraud and corruption cases
3.3: All new forensic cases finalised in 2 months and old cases finalised within 6 months.
3.3: Turnaround times for forensic investigations

11. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Implement priority projects aimed at improving internal control systems
OP4: Unqualified audit on Asset and Supply Chain Management
4.1: Ensure no repeat of audit findings.
4.1: Number of adverse audit findings from previous financial year repeated
4.2: 100% of assets accurately captured.
4.2: Percentage accuracy and completeness of asset register
4.3: Produce 4 Quarterly reports on the performance of the service providers.
4.3: Produce reports on the performance of service providers to whom tenders were awarded
OP5: Improve filing management and record keeping in courts
5.1: 100% of lost records tracked and restored in identified priority courts.
5.1: Percentage of lost records tracked and restored in identified courts
OP6: Improve Human Resource records management
6.1: All leave forms filed and retrievable within 20 days of receiving them.
6.1: Percentage leave forms captured within 10 days from the start date of the leave

12. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Provide sound management of resources (human, finance, information technology, capital assets);
OP7: Improve human capital management
7.1: Reduce vacancy rate from 14% to 5%
7.1: Reduction in vacancy rate from baseline
7.2: 50% of staff trained by Justice College in identified priority areas.
7.2: Number of Justice sector staff and stakeholders trained by Justice College
7.3: Finalise 60% of disciplinary cases and 70% of grievance cases within 60 days of their registration.
7.3: Percentage disciplinary and grievance cases investigated within 60 days of their registration.
OP8: Improve business productivity through IT
8.1: Ensure 95% uptime of network.
8.1: Percentage uptime of ICT network
8.2: Rollout ICMS to 250 prioritised Lower Courts, and 3 High Courts.
8.2: Number of courts at which ICMS is implemented
OP9: Unqualified audits on financial reports
  New Indicator
9.2: Number of qualifications on financial statements of Third Party Funds, Guardian Fund, Criminal Assets Recovery Account, Vote Account and President's Fund.
OP10: Improve security in the Justice department
10.1: Roll out integrated security systems to 150 prioritised courts.
10.1: Number of priority courts to which the integrated security system is rolled out
10.2: Improve the conditions of 50 priority courts through RAMP
10.2: Number of priority courts improved through RAMP
10.3: Percentage reduction in security incidences

13. INITIAL KEY PERFORMANCE INDICATORS FINAL KEY PERFORMANCE INDICATORS
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATORS
FINAL KEY PERFORMANCE INDICATORS
Expand access to Justice in underserviced communities
OP11: Expand and optimise infrastructure to improve access to Justice services
11.1: Complete 7 court buildings
11.1: Number of new court buildings completed
11.3: Provide 1 Magisterial Court per Municipality district
11.3: Completion of a report on the establishment of a magisterial court per district
11.4: Convert 20% of identified Branch Courts to become Main Courts
11.4: Number of branch courts converted to full-service courts
Provide support for international relations activities
OP12: Implement signed international co-operation agreements
12.3: Provide technical support to SADC and other identified African countries
12.3: Number of SADC countries supported technically on legal matters
Strengthen the Department’s oversight mandate
OP13: Develop systems and processes to enable the department to perform its oversight mandate
13.1: Develop and engage entities on oversight framework
13.1: Entity oversight framework developed by target date.

14. INITIAL KEY PERFORMANCE INDICATORS FINAL KEY PERFORMANCE INDICATORS
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATORS
FINAL KEY PERFORMANCE INDICATORS
Increase public understanding of justice and demonstrate service delivery
OP14a: Improve knowledge of Justice and Constitutional services
14.1: Develop and implement Communication Strategy
14.1: Communication strategy completed by target date
14.2: Conduct surveys to show at least 60% of people have confidence in the criminal justice system
14.2: Completion of survey on criminal justice system by target date
n/a
14.5: Number of people reached through awareness of rights initiatives
OP14b: Implement initiatives that promote service delivery
14.3: Develop Service Delivery Charter
14.3: Service Delivery Charter completed by target date
14.4: Respond to 100% of Presidential Hotline enquiries and finalised 60% within 30 days of receiving them
14.4: Percentage of Presidential Hotline enquiries finalised within 30 days of receiving them
Intervene to support victims of apartheid and crime
OP15: Increase co-ordination between government departments in implementation of the TRC recommendations
15.1: Ensure outstanding 30% of identified TRC victims have access to the President’s Fund
15.1: Percentage of outstanding TRC victims that have access to the President’s Fund in terms of individual reparations.
15.2: Finalise regulations aimed at providing assistance to the TRC Victims
15.2: Facilitate the development and gazetting of regulations aimed at providing assistance to the TRC victims
OP 16: Provide support to victims of crime
16.2: Ensure 30% of identified cases are dealt with through justice restorative interventions
16.2: Develop a national strategic framework for restorative justice to be approved by JCPS cluster.

15. INITIAL KEY PERFORMANCE INDICATORS FINAL KEY PERFORMANCE INDICATORS
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATORS
FINAL KEY PERFORMANCE INDICATORS
Provide sound support to the Judiciary as a separate branch of government
OP18: Strengthen the Office of the Chief Justice
18.1: Finalise the structure in the Office of the Chief Justice and appoint 5 critical staff by 2010
18.1: Structure of the Chief Justice finalised and key staff appointed
OP19: A well-functioning Judicial Authority
19.1: Develop a policy framework and Judicial Authority Bill to establish a judicial arm of government
19.1: Policy framework for Judicial Authority Bill completed by target date
19.2: Finalise policy framework on Transformation of the Courts, Superior Courts Bill, the Constitution Nineteenth Amendment Bill and Traditional Court Bill
Review Civil Justice System
OP21: Increase efficiency of the Civil Justice System
21.1: Produce a National Report on the deficiencies in the current Civil Justice System
Ensure qualitative and timely justice services
OP23: Reduce case backlogs in priority courts
23.1: Increase resolution for case backlogs from to cases in 2010
23.1: Number of backlog cases in all courts
Improve delivery of services to comply with Batho Pele Principles
OP27: Ensure efficient delivery of maintenance services
27.1: Ensure 80% of applications are resolved within 20 days of entry date
27.1: Percentage increase in the utilisation of civil enforcement of maintenance orders

16. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Protect and promote the rights of vulnerable groups (children, women, the aged, the poor, and the disabled).
OP29a: Implementation of the Child Justice Act
29.1: Implement the Child Justice Act 2008 and reduce criminal cases involving children through diversion by 12%
29.1: Percentage reduction in criminal cases of children through diversion
OP29b: Timely finalisation of family law cases
29.2: 50% of family law cases finalised in each office per year
29.2: Percentage of family law cases finalised in each office per year
OP30: Improve resolution of sexual offences and implement trafficking in persons legislation
30.1: Develop National Strategy for reduction of gender-based offences
30.1: Develop the National Policy on sexual offences, Domestic Violence and guidelines on LGBTI (Lesbians, Gays, Bisexual, Transgender and Inter-sexed)
30.2: Finalise the traffic in persons bill
30.2: Complete key activities to ensure readiness for the implementation of Trafficking in Persons legislation
n/a
30.3 Finalise key activities of Phase 1 and 2 of the implementation of the National Register for Sex Offenders (NRSO) by target date

17. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Protect and promote the rights of vulnerable groups (children, women, the aged, the poor, and the disabled).
OP29a: Implementation of the Child Justice Act
29.1: Implement the Child Justice Act 2008 and reduce criminal cases involving children through diversion by 12%
29.1: Percentage reduction in criminal cases of children through diversion
OP29b: Timely finalisation of family law cases
29.2: 50% of family law cases finalised in each office per year
29.2: Percentage of family law cases finalised in each office per year
OP30: Improve resolution of sexual offences and implement trafficking in persons legislation
30.1: Develop National Strategy for reduction of gender-based offences
30.1: Develop the National Policy on sexual offences, Domestic Violence and guidelines on LGBTI (Lesbians, Gays, Bisexual, Transgender and Inter-sexed)
30.2: Finalise the traffic in persons bill
30.2: Complete key activities to ensure readiness for the implementation of Trafficking in Persons legislation
n/a
30.3 Finalize key activities of Phase 1 and 2 of the implementation of the National Register for Sex Offenders (NRSO) by target date

18. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Promote Constitutional Development and strengthen participatory democracy to ensure respect for fundamental human rights;
OP31: Strengthen participatory democracy and promote Constitution and human rights culture in the country
31.1: Establish a Branch responsible for Constitutional Development and appoint 4 critical staff
31.1: Establish a branch responsible for Constitutional Development
31.2: Sign 60 Service Level Agreements (SLA) with Civil Society Organisations (CSO)
31.2: Number of Service Level Agreements (SLA) signed with Civil Society Organisations (CSO)
31.3: Establish 15 new Community Advice Centres (CAC)
31.3: Number of Community Advice Centres established
31.4: Enable 80 CSO to participate on public dialogue
31.4: Number of CSO’s capacitated on public dialogue
31.5: Sign 20 new SLA to improve capacity of CACs
31.5: Percentage of CAC’s with signed SLA’s with DOJCD for capacity strengthening
31.6: Provide support services to at least alien people (refugees, asylum seekers, migrants)
31.6: Number of aliens (refugees, asylum seekers, migrants) provided with support services
31.7: Ensure compliance with PAIA Act
31.7: Compliance with PAIA Act

19. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Improve provision of legal services to the state organs;
OP32: Increase output in legal research and legislative instruments
32.1: Develop 12 bills and 14 subordinate legislative instruments to improve access to justice and transform justice in the country
32.1: Number of Bills, subordinate legislative instruments and research publications finalised
OP33a: Improve provision of legal advisory services to provincial and national departments
33.1: Finalise all requests for legal opinions and international agreements within 21 days of their date of entry
33.1: Percentage of legal opinions and international agreements finalised within 21 days of their date of entry
OP33b: Increase efficiencies in defending the national and provincial departments from negative legal action
34.2: Develop and implement the Legal Blue-Print Framework to ensure efficient management of state litigation
34.2: Blueprint policy framework developed by target date
OP33c: Develop and implement litigation strategies for the reduction of legal costs paid by the Department
 34.3: Reduce Department’s legal costs by 25% of current value
34.4: Percentage reduction in the department’s legal costs

20. INITIAL KEY PERFORMANCE INDICATOR FINAL KEY PERFORMANCE INDICATOR
REVISED INDICATORS
OBJECTIVES
OUTPUTS
INITIAL KEY PERFORMANCE INDICATOR
FINAL KEY PERFORMANCE INDICATOR
Transformation within the Justice system
OP34: Implement a Counsel Briefing Policy to promote transformation within the Justice system
34.1: Implement the Council Briefing policy by ensuring that 65% of the value of briefings are made to PDI and/or firms
34.1: Percentage of counsel briefings made to PDI
Administer deceased and insolvent estates, the Guardian’s Fund, trusts and curatorship;
OP35: Improve access to probate services (Wills, trusts, estates, etc)
35.1: Capacitate at least 1 Magisterial Court per district to deliver probate services
35.1: Capacitate at least 1 main Magisterial Court per district to deliver probate services
35.2 Finalise all estates files for estates worth R and less within 4 months, and estates worth more than R within 12 months
35.2:Number of estate files finalised within a prescribed time frame
OP36: Improve provision of Guardians’ Fund services to the beneficiaries
36.1: 80% of beneficiaries received services within 40 days
36.1: Percentage of beneficiaries in receipt of services within 40 days
OP37: Improve administration of insolvency and liquidation services
37.1: Finalise all insolvency and liquidation matters within 15 months of registration
37.1: Percentage of insolvency and liquidation cases finalised within 15 months of registration

21. NEXT STEPS
Should the proposal be accepted, the following steps will be taken:
Quarter 3 report will be rewritten using revised indicators;
The revised KPI’s will be used in the compilation of the annual report

22. THANK YOU