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Government and communication

Integrated Justice System (IJS)

Introduction

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 establishing proper governance structures, effective monitoring mechanisms based on proper review findings and the integration and automation of the justice system. While each department within the JCPS Cluster must have its own IT plan to achieve its specific vision, misssion and objectives, the IJS Board co-ordinates the broader and shared duty to integrate 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 and implementation of the Child Justice Bill [PDF]
  • the Sexual Offences Amendment Act, 2007 (Act 32 of 2007) [PDF], which among other things, broadens the definition of sexual assault
  • 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.

The Child Justice Bill was resubmitted to Parliament during the first quarter of 2008. The passage of the Child Justice Bill through Parliament will assist with formalising the legislation and practice, many parts of which have already been successfully piloted in South Africa.

The aim of the Child Justice Bill is to:

  • establish a CJS for children who are in conflict with the law and are accused of committing alleged offences, in accordance with the values underpinning the Constitution and international obligations
  • create, as a central feature of this new CJS for children, the possibility of diverting children away from the CJS
  • provide for the minimum age of criminal capacity of children as being 10 years of age
  • make provision for child-justice courts to hear all trials of children who are charged with certain serious offences
  • extend the sentencing options available in respect of children who have been convicted
  • entrench the notion of restorative justice in the CJS in respect of children who are in conflict with the law
  • provide for related matters.

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Children awaiting trial

The national and provincial focus to fast-track all children awaiting trial in prisons and police cells has led to a reduction in children awaiting trial.

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 one-stop 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 Justice, Crime Prevention and Security (JCPS) Cluster. This forum has also been established at regional level. With the expected adoption of the Child Justice Bill [PDF] in 2008, the departments have gone ahead with practical steps to improve the lives of children going through the CJS. During the past five years, for example, focused attention to this matter has resulted in the numbers of children awaiting trial in and sentenced to correctional facilities decreasing by 50%.

The Legal Aid Board (LAB) has appointed children’s units to legally represent children in conflict with the law and appearing in courts. The number of children assisted in this regard increases by 20% every year.

The number of children being diverted from the CJS during the past five years has increased every year. Statistics received from the NPA indicated that 19 066 children were diverted from the CJS between April 2007 and March 2008.

A time policy for children awaiting trial has further been agreed upon, as:

  • three to six months for chiildren's cases in district courts
  • six to nine months for chiildren's cases in regional courts
  • nine to 12 months for chiildren's cases in high courts.

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Implementation of the Children’s Act, 2005

The department has prioritised the planning for and implementation of the Children’s Act, 2005 (Act 38 of 2005) [PDF] especially relating to the protection and care of children through children’s court processes. The Department of Justice and Constitutional Development is working closely with the Department of Social Development to ensure an integrated and uniform approach to the Children’s Act, 2005.

To improve general service delivery in the children’s courts, the department intends to continuously train the administrative personnel and magistrates in children’s courts, especially in view of the new legislation.

The role of the Department of Justice and Constitutional Development is to ensure that courts, and especially children’s courts, are capacitated to handle disputes affecting children in courts.

Sections 14 and 15 of the Children’s Act, 2005 have been put into operation. These sections provide rights to access to courts for children and the right to enforcement of the rights of children through the courts.

Persons who may approach a court are:

  • a child who is affected by or involved in the matter to be adjudicated
  • anyone acting in the interest of the child or on behalf of another person (child) who cannot act in their own name
  • anyone acting as a member of, or in the interest of, a group or class of persons (children)
  • anyone acting in the public interest.

Section 28(3) of the Constitution provides that a child is anyone under the age of 18 years.

In terms of the above rights and sections which have been put into operation, all children’s rights are protected through court processes. The department therefore foresees that courts will be requested to help protect and enforce children's rights in a rights-based approach.

However, the department also believes that approaching the courts should be a measure of last resort. The department has started consultations with the relevant role-players in this regard. The first port of call for the protection, promotion and realisation of children’s rights should be the children’s families, caregivers, the community and service-delivery departments.

For the above purpose, measures to resolve disputes outside the formal court procedures have also been provided for in the Children’s Courts Chapter of the Children’s Act, 2005, such as family group conferences, mediation services and pretrial conferences.

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Restorative justice

Restorative justice is a response to crime that focuses on the losses suffered by victims, holding offenders accountable for the harm they have caused and building peace in communities.

Restorative justice means the promotion of reconciliation, restitution and responsibility/ accountability through the involvement of a child, the child’s parent, the child’s family members, communities and all interested parties in all matters of a criminal or civil nature.

Restorative justice elements in many pieces of legislation, such as the Child Justice Bill, the Traditional Courts Bill and the Children’s Act, 2005 will promote the use of restorative justice in the handling of matters within and outside the criminal and civil justice systems.

The JCPS Cluster ensures that the many practical steps and programmes that have been developed during the past few years, both in government and non-governmental organisation (NGO) sectors, will be aligned and will have an impact towards nation-building, restorative justice and the healing of past and present wounds caused by crimes.

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Victim-Empowerment Programme (VEP)

This programme 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] is expected to go a long way towards assisting crime victims and contributing to interdepartmental and cluster co-ordination and co-operation. The Development Committee is mandated to align and coordinate 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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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, and strengthening strategic planning and management capacity, organisational development and human-resource 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, namely the 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 and 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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Transforming the judiciary

A key aspect of the transformation of the justice system concerns the department’s key strategic partners and stakeholders. The considerable effort put into transforming prosecution and allied services into a prestigious professional force, in accordance with the Constitution, is paying off.

By mid-2008, of the 199 judges, 48,23% (96) were white, 35,68% (71) were African, 7,54% (15) were coloured and 8,55% (17) were Indian. Overall, 18,59% were female and 81,42% male. In terms of the lower-court judiciary, of the 1 830 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 fo the training they offer to the practical demands of the profession
  • expose students, especially those from pre ously disadvantaged communities, to the profession and vice versa to facilitate professional training prospects
  • engage the legal profession int he 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.

Transformation of the legal profession includes making judicial services accessible to the poor, the uneducated and the vulnerable. This entails establishing a physical presence in rural areas and in townships, offering 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.

The South African Judicial Education Institute Act, 2008 (Act 14 of 2008) [PDF], will, for the first time in history, introduce a state-sponsored judicial education programme for judges. The Judicial Education Institute will provide training for both judges and magistrates.

The Judicial Service Commission (JSC) Amendment Bill [PDF] will enhance the accountability of judicial officers by introducing complaints-handling procedures for judges.

Other bills identified for priority introduction in 2008 included: Constitution 14th Amendment Bill [PDF] and Constitution 15th Amendment Bill [PDF], dealing with floor-crossing; the Reform of Custormary Law of Succession Bill [PDF]; Jurisdiction of Regional Courts Amendment Bill [PDF], conferring civil jurisdiction on regional courts; Traditional Courts Bill [PDF], regulating the role of traditional leaders in the administration of justice; National Prosecuting Authority (NPA) Amendment Bill [PDF]; Criminal Procedure Amendment Bill [PDF], dealing with the expungement of criminal records for certain offences and the postponement of certain criminal proceedings by means of audio-visual linkage; the Renaming of High Courts Bill to bring the names of the high courts in line with the Constitution; and the Legal Practice Bill.

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 use in courts.

By mid-2007, the speical project of selectiing 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 with 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 Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Act, 2007 (Act 13 of 2007) [PDF], extended the deadline of 30 September 2007 to 30 June 2008.

The extension allowed the department to formulate policy on the role of traditional leaders under a democratic dispensation, which will be followed by appropriate legislation to replace the repealed sections.

An interdepartmental task team, comprising officials of the departments of justice, provincial and local government, and land affairs, was appointed to draft the required policy in conjunction with the national and provincial houses of traditional leadership. The policy was approved by Cabinet and launched on 28 March 2008 in Nelspruit. The Traditional Courts’ Bill has also been introduced into Parliament. The Criminal Law (Sexual Offences and Related Matters) Amendment Bill was finalised by Parliament in 2007.

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Court performance

The branch Court Performance is responsible for the development and monitoring of processes and systems, introducing case-flow management (CFM), that facilitate efficient and effective court and case management, develop and facilitate the implementation of a court-management policy framework, evaluation of the quality of services and performance within the courts and facilitation of the development of uniform performance standards to enhance institutional performance. It is also responsible for providing an effective and responsive management and administrative support for judicial decision-making process within the court environment.

As a service-delivery improvement programme, the CFM Project seeks to put in place 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 the years. The project therefore supports the institutional
arrangements in the following ways:

  • establishing judicial leadership regarding CFM – as the judiciary is in control of the court, it makes sense to facilitate extending such control to judicial pre-adjudication stages to achieve a holistic CFM judicial leadership
  • re-engineering CFM support structures in the courts to respond adequately to the CFM regime.

The following projects are linked to the Integrated CFM project:

  • registrars
  • legally qualified clerks of court
  • court clerks to support the proceedings of each court
  • court managers' skills-development programme
  • legal research support to the higher courts
  • facilitating development and maintenance of CFM systems through exploiting technology to inculcate a culture of management by information
  • E-Scheduler
  • Video Remand System
  • Digital Court Recording System (DCRS)
  • Document Management System
  • Scanning Solution
  • transcription services
  • Re Aga Boswa
  • case backlogs.

Actual implementation at the courts will be facilitated by the regional offices in each province.

This approach will provide for a uniform CFM framework, which will be streamlined in the entire court system. This will have the benefits of cases being managed better, the customers of the court seeing quicker results and confidence in the justice system being restored.

The Court Performance Programme is faced with the following challenges:

  • increasing capacity at programme and region/court levels to effect service delivery
  • increasing/improving skills and competencies
  • continued efforts to reduce case backlogs
  • outdated court procedures/processes and the regulatory framework
  • organisational efficiency
  • skills required to operate the new systems and support.

As an effort to address these challenges the Court Performance Programme has embarked on a number of roadshows and information sessions.

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Case-flow management

The Department of Justice and Constitutional Development is engaged in the development of an enhanced version of the CFM framework for implementation by involving all stakeholders. In the process, the participants from other partner organisations will make meaningful contributions on the issues and blockages affecting the proper implementation of CFM in the court environment. Efforts to eradicate such blockages will be proposed by adopting workable solutions. These include the following:

  • continuous co-operation of stakeholders to implement and maintain CFM at all courts
  • establishing judicial leadership and CFM buy-in processes in the lower and higher courts in the form of CFM forums
  • facilitating and monitoring the creation of CFM governance structures to sustain productivity in the courts environment
  • maintaining the CFM concept (guidelines, plans, governance, reporting, and systems).

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E-Scheduler

The E-Scheduler is one of the most prominent information technology (IT) innovations of the department. It is set to make a dynamic impact on service delivery. This application is used to register criminal case information for the district court environment. The enhancement for the regional court environment has been completed and is currently in testing phase. The E-scheduler, which is the department’s official monitoring case-management tool, is used to determine performance at court, as well as at institutional level.

The system provides for daily information capturing, which includes, among other things, the following:

  • case details (case number, name of investigating officer, date reported, first appearance date, relevant charges and remand dates)
  • details of the accused party
  • postponement details (the postponement history of the case).

The application allows the court to schedule cases, thereby determining when the future court diary is available. This information can be displayed both per court and per court room. The daily court roll is also available for printing, for perusal and to address queries from the public and the South African Police Service (SAPS) in some instances.

The following reports are available on the application:

  • case cycle-time statistics
  • cases registered per month
  • charge sheet filing audit
  • cases scheduled for the court (notice board)
  • monthly statistics - cases closed, children outstanding on the roll, outstanding cases, postponed cases and unreturned cases.

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Video postponements

By mid-2008, the pilot was still in place in KwaZulu-Natal and over a period of 15 months, the successes yielded were 4 899 remands concluded without the detainees leaving the correctional facility. The system has added tremendous value to the process of conducting remands and ensuring faster turnaround on cases using the system. The video remand system will be implemented in the top 40 courst, which will be aligned to the 169 contact crime priority police stations and linked to correctional centres housing the remand inmates.

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Scanning solution

The E-scheduler system provides document scanning of all incoming cases’ dockets/charge sheets.

A total of 300 scanners have been procured and placed into various courts throughout all provinces. As soon as the finalisation of the final version of the scanning solution is signed off, the roll-out will take effect in all the courts with scanners installed. More scanners will be purchased in the new financial year, with respective budget allocations.

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Digital Court Recording System (DCRS)

The DCRS has been rolled out to all courts to replace the outdated analogue recording machines. By mid-2008, a total of 2 430 recorders had been installed in the courts. The roll-out, which commenced in October 2006, has been completed in 164 high-court rooms, which have also been installed with a server in each court house (13 servers in total).

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Document Management System

By mid-2008, 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 courts.

Source: South Africa Yearbook 2008/09
Editor: D Burger. Government Communication and Information System

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Last modified: 21 July 2009 10:15:31.

 
 

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