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Integrated Justice System (IJS)
Introduction
Following government's approval of the National Crime Prevention Strategy (NCPs) in 1996, the IJS Board was formed in 1997 to integrate the activities of departments in the cluster in a co-ordinated manner.
The IJS, approved in 2002, aims to increase the efficiency and effectiveness of the entire criminal justice process by increasing the probability of successful investigation, prosecution, punishment for priority crimes and ultimately rehabilitation of offenders. A second version of the IJS was published in May 2003.
Issues receiving specific attention include overcrowding of prisons and awaiting-trial prisoner problems, as well as bail, sentencing and plea-bargaining.
Government wants to eliminate duplication
of services and programmes at all levels. The need for
strategic alignment of cluster activities has also been
raised at a series of other governmental meetings
and forums.
Benefits of proper alignment include:
- less duplication of services
- effective use of scarce and limited resources and
skills
- joint strategic planning and a planned
approach instead of reacting to problems.
The Justice, Crime Prevention and Security (JCPS) Cluster has structured itself to focus on two main areas of responsibility, namely operational and developmental issues relating to the justice system, and the improved safety and security of citizens.
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Modernising the justice system
This includes the establishment of proper governance structures, effective monitoring mechanisms based on proper review findings, and the integration and automation of the justice system.
Key projects already receiving attention include the following:
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Criminal Justice Review Commission
By September 2005, the Cabinet had
endorsed proposals by the JCPS Cluster to review
the criminal justice system (CJS).
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Integrating the criminal justice system
While each department within the JCPS Cluster must have its own information technology (IT) plan to achieve its specific vision, mission and objectives, the IJS Board co-ordinates the broader and shared duty to integrate the information flow throughout the CJS.
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Child justice
The department continues to prioritise access to
justice for vulnerable groups, including:
- Implementing relevant legislation and enabling
policy, for example, accelerating the finalisation
of the Child Justice Bill [PDF]. The Sexual Offences Bill [PDF],
which among other things, broadens the
definition of sexual assault, was passed by
Parliament in May 2007.
- Ensuring assistance from prosecutors and public
defenders for child maintenance.
- Enforcing the right of children to receive support
from earning parents.
- Prioritising child justice and all cases involving
children, especially those in prison awaiting trial.
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Victim-Empowerment Programme (VEP)
This VEP aims to improve services rendered to victims of crime.
The NPA has court-preparation officials on
contract who provide support to crime victims,
especially abused children, in preparing them for court proceedings.
The Service Charter for Victims of Crime [PDF],
approved by Cabinet, is expected to go a long way
towards assisting crime victims.
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Integrated justice case-flow management centres
Case-flow management (CFM) centres provide an integrated
solution to managing cases through the court
system, facilitated by IT that allows the monitoring of
aspects such as case-cycle time and court rolls.
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Contributing to interdepartmental and
cluster co-ordination and co-operation
The Development Committee is mandated to align
and co-ordinate cluster activities across the various
departments, with the ultimate aim of improving
service delivery, policy co-ordination and planning.
It consists of senior representatives from each of
the partner departments participating in the IJS and
is chaired by the Department of Justice and Constitutional Development. National Treasury, the
judiciary and the Department of Home Affairs are
also represented on the committee.
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Children awaiting trial
National and provincial action plans to fast-track all children awaiting trial in prisons and police cells,
have led to a reduction in children awaiting trial from
over 1 775 in January 2005 to 1 243 in January 2006 and 1 089 in January 2007.
Specific interventions to address the backlog of
cases pending trial include moving away from
placing children who are in trouble with the law in
correctional detention centres. Children awaiting
trial will be placed under home-based supervision,
in places of safety or in the care of parents or caregivers.
Three child-justice centres have been established
in Port Elizabeth, Bloemfontein and Port
Nolloth.
The National Inter-Sectoral Committee on Child
Justice monitors and evaluates all child-justice
issues and reports to the JCPS Cluster. This forum
has also been established at regional level.
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E-Justice Programme
The E-Justice Programme supports the fundamental reforms necessary to establish a more fair, accessible and efficient justice system in South Africa.
The programme aims to reform and modernise the administration and delivery of justice through re-engineering work processes by using technologies, strengthening strategic planning and management capacity, organisational development and human resource (HR) interventions.
The E-Justice Programme has evolved into the
Information and Systems Management Programme,
which has 25 projects in addition to the three main
ones, i.e. Court Process Project (CPP), Digital
Nervous System (DNS) Project and Financial
Administration System (FAS) Project. The E-Justice
Programme is funded mainly by the Justice Vote, but is supplemented with donor funding
from the European Union Commission, the Royal Netherlands Embassy and the Irish Embassy.
With the completion of the DNS III project in March
2007, 554 sites were deployed and 14 000
users trained. This is expected to substantially
enhance service delivery at suboffice level.
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Towards transforming partnerships
A key aspect of the transformation of the justice system concerns the department’s key strategic partners and stakeholders. The considerable effort
put behind transforming prosecution and allied
services into a prestigious professional force, in
accordance with the Constitution, is paying off.
By mid-2007, of the 218 judges,
53% (115) were white, 31% (68) were African, 3%
(16) were coloured and 9% (19) were Indian.
Overall, 16% were female and 84% male. In terms
of the lower court judiciary, of the 1 912 magistrates, 47% were
white, 38% African, 7%
coloured and 8% Indian. Overall, 31%
were female and 69% male.
The transformation of the judiciary is closely
linked with the transformation of the legal profession
and of legal scholarship. The Department of Justice and Constitutional Development has
worked in partnership with law schools in
transforming the curriculum of the basic law degree
to bring it in line with modern best practices. In addition
to encouraging law schools to widen access to
students from previously disadvantaged communities,
these institutions will further be encouraged to
forge linkages with leading law firms, with prominent
practitioners and with relevant international
organisations. This will:
- ensure the relevance of the training they offer to
the practical demands of the
profession
- expose students, especially those from previously
disadvantaged communities, to the profession
and vice versa to facilitate professional training
prospects
- engage the legal profession in the evolution of a
new legal system that fully expresses the constitutional
and cultural aspirations of the new dispensation.
The department assists law
graduates through its internship programme, which also provides research
training to give much-needed assistance to state
legal officers, prosecutors, public defenders, the
judiciary and the magistracy.
To boost youth development, by mid-2007 the
department had employed 134 young interns and
placed 69 of them in Court Services, 35 candidate
attorneys with the State Attorney on two-year
contracts, while 15 were employed as legal
secretaries and two as state law advisers. The
department planned to employ 100 law graduates
at the law clinics of various universities in 2007/08,
to grow the pool of potential recruits and offer them
a chance to gain invaluable experience.
Transformation of the legal profession includes
making judicial services accessible to the
poor, the uneducated and the vulnerable. This
entails physical presence in rural areas and in townships,
as well as affordable fees and providing speedy and
empathetic services. It also entails facilitating access of all aspects and levels
of the profession to aspirant lawyers, especially to
those from previously marginalised backgrounds.
The provision of alternative dispute-resolution
mechanisms is another key aspect of transforming
justice services, thus making justice more
accessible and more affordable.
The department gives prominence to integrating
and modernising justice services through technology.
It seeks to evolve simplified, cheaper and faster
processes geared for the poor and vulnerable in
townships and rural areas. It seeks to achieve this in
partnership with its customers, with other government
departments and with stakeholders.
By mid-2007, the Judicial Service Commission
(JSC) Amendment Bill [PDF] and the Judicial Education
Institute Bill [PDF] were served before Parliament.
The proposed South African Judicial Education
Institute Bill will, for the first time in history,
introduce a state-sponsored judicial education
programme for judges. The proposed Judicial
Education Institute will provide training for both
judges and magistrates.
The JSC Amendment Bill will enhance the
accountability of judicial officers.
Other bills identified for priority introduction in
2007/08 included the Child Justice Bill, 13th
Constitutional Amendment Bill [PDF], the Reform of
Customary Law of Succession Bill [PDF] and the National
Prosecution Amendment Bill [PDF].
The department was also finalising a
consolidated policy framework document to
address other outstanding aspects relating to the
transformation of the judicial system. These include
rationalising high courts, harmonising the
appointment procedures for judges and
magistrates, and addressing aspects relating to
language usage in courts.
By mid-2007, the special project of selecting
aspirant female judges had been completed.
Twenty-three women were selected from the legal
profession to undergo a specially designed judicial
education programme, which commenced in June
2007.
Transforming the judicial system also includes
transforming traditional courts. Traditional leaders
are conferred criminal and civil jurisdiction to
exercise judicial authority in respect of certain
offences and claims. The conferment is by virtue of
sections 10 and 20 of the Black Administration Act,
1927 (Act 38 of 1927).
Since the Act is not consistent with the current
constitutional dispensation, it was repealed in
November 2005.
Only sections 12 and 20, which deal with the
establishment and functioning of traditional courts,
were kept in operation until 30 September 2007.
The extension allowed the department to formulate
policy on the role of traditional leaders under a
democratic dispensation, which would be followed
by appropriate legislation to replace the repealed
sections.
An interdepartmental task team, comprising
officials of the departments of justice, of provincial
and local government and of land affairs, was
appointed to draft the required policy in conjunction
with the national and provincial houses of
traditional leadership.
The legislation was expected to be finalised in
2007/08.
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Capacitating courts and
restructuring the court system
Through its courts-turnaround strategy, such as the Re Aga Boswa (We Are Rebuilding) Project [PDF], the department seeks to enhance court efficiency.
The
project capacitates courts and institutionalises a
new customer-focused court-management model
ensuring that court managers are entrusted with
managing courts, and that judges and magistrates
invest more time in their judicial work. This will
result in increased court hours and better-quality
judgments.
Re Aga Boswa seeks to affirm the principle of
separation of powers as enshrined in the Constitution to relieve magistrates and judges, who are also
heads of courts, of administrative functions. This will enable them to concentrate on their judicial work, which
is expected to lead to increased court productivity
and to improved quality of judgments.
By February 2007 288 court managers positions
had been appointed.
The roll-out of Re Aga Boswa integrated the
implementation plan of the Justice, Crime Prevention
and Security (JCPS) Service Charter for Victims of Crime to
ensure sufficient capacity to
implement the charter. A dedicated telephone line
was launched in 2005/06 to provide crime victims with
direct access to the courts.
The Court Process Project (CPP) was initiated in
2000 to pilot business process re-engineering and
electronic filing of documents and dockets. Lessons
learned through the project about court scheduling,
case management and general court-administration
processes were incorporated into the Re Aga Boswa Project.
The National Anti-Rape Strategy was expected to
be finalised in 2007 to deal with the management
of gender-based violence.
The strategy will provide impetus to the work
being done to reduce gender-based violence,
improve reaction in cases of gender-based
violence, and improve support for victims and
witnesses in cases of gender-based violence.
Rationalising high courts and redemarcating
magisterial districts form part of the restructuring
programme.
By mid-2007, a process to redemarcate
magisterial boundaries to align them with
municipal boundaries was under way.
The department is responsible for developing
and monitoring processes and systems, which
include case-flow management (CFM) that
facilitate efficient and effective court and case
management.
It has developed and facilitated the
implementation of a court-management policy
framework and uniform performance standards to
enhance institutional performance. It is also
responsible for providing effective and responsive
management and administrative support for the
judicial decision-making process within the court
environment.
As a service-delivery improvement programme,
the CFM project seeks to introduce institutional
arrangements for integrated CFM in the court
system. Given the broad and large sector of the
justice system, this will be done incrementally over
several years. The project supports the institutional
arrangements by:
- Establishing judicial leadership through CFM. In this regard, integrated CFM guidelines were developed and implemented.
- Re-engineering CFM support structures in the courts to respond adequately to the CFM system.
The following projects are linked to the integrated
CFM project:
By March 2007, E-Scheduler – a case-management
system providing case-management information to
enhance case planning and scheduling – had been
implemented in more than 200 courts and was
being rolled out to all district courts in the country. The target date for completion of the roll-out was July 2007.
The system seeks to modernise the court system
through greater use of information technology (IT).
It allows the user to generate information on the
courts that indicates at which stage the case is,
including the case number, first appearance, last postponement date and the number of days per case.
Through the system, the courts can now identify
and address backlogs and blockages. The Justice
Deposit Account System helps to improve the
management of all cash payments into and from the courts. This includes managing maintenance and bail monies.
By mid-2007, the pilot was still in place in
KwaZulu-Natal and over 15 months, 4 899
remands were concluded without the detainee
leaving the correctional facility. The system adds
tremendous value to the process of conducting
remands and ensuring that cases using the system
are turned around faster. The video-remand system
will be implemented in the top 40 courts, and will
be aligned to the 169 contact crime priority police
stations and linked to the correctional centres
housing the remand inmates.
This system is meant to reduce risks imposed by
awaiting-trial detainees (ATDs) on public safety
while improving compliance with constitutional
imperatives in terms of access to basic services
like education, health and other social services for
those regarded as innocent until proven guilty.
- Digital Court Recording System (DCRS)
The DCRS replaced the analogue system in all 164
high-court rooms. By mid-2007, 1 058 machines
had been installed.
- Document Management System
By mid-2007, the analysis of the process flow of
documents to support an automated process of
filing, archiving and retrieving files in the court
environment had been finalised in five courts. The
recommendations were expected to conclude the
development of the system.
A scanning solution is linked to the E-scheduler
system and provides for scanning all incoming
cases, case dockets and charge sheets. Some 300
scanners have been procured and installed in
various courts throughout all provinces.
New transcription service-providers have been
appointed per province to enhance transcription
services.
Each province’s regional office will facilitate
actual implementation of these new systems. This
will see cases being managed better and the
clients of the court getting quicker results.
- The National Backlog Project was implemented to
reduce the high volume of backlog cases on court
rolls, and to improve the efficient and effective
functioning of the courts. Additional courts were
established to assist in decreasing the backlog of
cases. Various new regional-court posts were created
and filled, which helped decrease case backlogs.
Source: South Africa Yearbook 2007/08
Editor: D Burger. Government Communication and Information System
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Last modified: 16 April 2008 14:20:28. |
