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Madam Speaker, Colleagues, Comrades, Ladies and Gentlemen

It is now widely understood that the Department's key overall objective is to achieve a just and equitable society in which all have equal access to justice. We also all know that this requires a continuous process of substantive legislative and judicial reform.

As in every Department, the budget process is therefore both a tool and a constraint. We must link the budget and the programme of transition in such a way that we make the most of what we have. Prioritisation is never easy where needs are pandemic. But these choices have to be made and they must, of necessity, reflect the policies that inform and guide the chosen implementation strategies.

The transformation of our department and indeed the entire administration of justice are based on the understanding that, if we are to succeed in achieving our objectives, those most excluded from access to justice in the past must be the primary focus of our attention. The budget tool must be used to their advantage.

In terms of human resources and human capital, we will continue to pursue a policy of affirmative action in striving to achieve a fully representative judiciary and justice system. Transformation objectives will remain elusive until we achieve a judiciary and justice system that is both responsive to and aware of the context in which that system is located and operates.

And the same must apply to the allocation of financial resources. In terms of capital expenditure we will continue to concentrate on providing facilities that enhance access to justice in those areas that have, until now, failed to benefit from infrastructural development and the provision of even the most basic of facilities.

The empowerment and development choices that we make now are not merely a response to political and constitutional imperatives. They are good business and they reflect sound management decisions and practices that promise, "to improve the quality of life of all citizens and free the potential of each person". We remain convinced that development of the most disadvantaged within our communities will empower and strengthen our society as a whole.

In this vein we have what I refer to as the practical implementation handbook for the Constitution. The National Action Plan (NPA) for the Promotion and Protection of Human Rights provides the practical blueprint for developing and entrenching a rights-based government founded on fairness, transparency and equity.

As the lead department in this process, Justice has sought to strengthen the cooperative and interactive nature of the project, with input and participation from every government department.

To this end we have set in place a fully interactive website that allows for uniform human rights monitoring and reporting throughout government. The NAP for Human Rights requires collective inter-governmental action to ensure that our fundamental human rights, as set out in Chapter Two of our Constitution, are fully developed, and implemented, and that these rights are rigorously maintained. After assessing the project for overall performance, the Finnish Government has generously agreed to renew funding for two more years. By that time, the programme will be fully integrated into our Departmental budget for ongoing implementation.

As the Department continues to give effect to the principle of integrated governance, joint programmes with institutions outside the department, have contributed to some noteworthy service delivery successes. In this regard the Legal Aid Board's delivery of sixty justice centres within a three-year time frame will have a profound effect on access to justice. Reflecting a real break from our Judicare past, these justice centres will provide assistance to the poor and indigent in both criminal and civil matters.

Two weeks ago I opened a joint Legal Aid Board and Justice College workshop aimed at developing the skills of Justice Centre officials working with children who are in trouble with the law. The resounding success of this workshop has necessitated that Justice College mainstreams this programme into its already wide range of training and educational courses.

In another example of improved service delivery the Phuthaditjhaba Justice Centre, after just 30 days in operation, has taken on over 300 cases. This is an astonishing achievement, especially in view of their exceedingly limited marketing budget. Word of mouth had spread the news and for the people of QwaQwa access to justice has become a real, living right.

To further improve the administration of Justice in QwaQwa, the Department is assessing the feasibility of establishing a Small Claims Court in Phuthaditjhaba.

At this point, I would like to thank all those private practitioners who serve, free of charge, in our Small Claims Courts countrywide. Their contribution to the administration of justice is invaluable. This example of private sector co-operation with government is proof indeed that ventures of this kind enhance our capacity to deliver improved service on a sustainable and enduring basis.

In response to the special needs of women and children as victims and survivors of domestic and sexual violence, the Department, in a dedicated programme of specialised service delivery has over the past two years established 19 fully functional Sexual Offences Courts countrywide and a further 12 are planned for the upcoming financial year. We have developed extremely sophisticated protocols for dealing with victims and survivors of sexual offences and will continue to perfect best practice standards for this important area of service delivery.

The Thuthuzela Care Centre, located at the Jooste Hospital on the Cape Flats brings specifically trained investigators, prosecutors and forensic medical practitioners together as soon as possible after the violation has been reported at any of the three police stations serving the area. This integrated and cross-sectoral response to the problem has resulted in an 80% prosecution rate for the centre. The astonishing aspect of this project is that it required a minimal injection of infrastructure and capital. The project is built on the resolve of the participating investigators, prosecutors, doctors and community volunteers who make it work. Similar projects will be implemented during July at the Ntlaza Care Centre in Umtata and the Cecilia Makiwane Care Centre in Mdantsane.

We recognise that until the rollout programme for sexual offences courts is complete, access to these specialised services will be limited over the short to medium term. Accordingly, the department has provided 178 courts with closed-circuit video equipment and 31 with one-way glass testimony rooms for victims of sexual and other abuse. In this area of work there remains much to be done and the number of victims who still suffer secondary victimisation in our courts is a matter of extreme concern to the Department. Our response has to be (and is) increased capacity building through ongoing training and education and an incremental plan of infrastructure delivery.

Before I move on, I must make special mention of the Sexual Offences and Community Affairs Unit in the National Prosecuting Authority. They have made huge strides in co-ordinating and developing an inter-sectoral strategy that covers both preventive and reactive management mechanisms.

The new Domestic Violence Legislation implemented since December 1999 has provided a real remedy for children, women and men who become victims and survivors of domestic violence. In fact, the response has been overwhelming and our courts can barely keep up with the demand. In the Wynberg Magistrates Court in the Western Cape alone, there were 5 706 applications during the year 2000. For 2001 the number of cases currently stands at 2 778 although this number includes applications from the Philippi Court. We will continue to provide ongoing training and education and expand the number service delivery points, but while our courts continue to experience the current levels of staff shortages, the challenges for improved service delivery will remain only partially realised.

Turning now to family courts, the implementation of five Provincial Family Service Centres over the past three years has laid the foundation for determining best practice in this important branch of legal service provision. Inadequate staff levels severely constrain service delivery in these courts, but the importance of the work being done there cannot be ignored. As the structural and institutional parameters for this project are finalised, the Department plans to extend current services to the remaining four provinces while long-term prospects for these Centres will see their gradual expansion into the lower court system.

I would like now to spend a few moments on our Directorate of Children and Youth Affairs that was established last year to oversee the implementation of Section 28 of the Constitution, the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and other relevant human rights instruments pertaining to children.

During the recent Child Protection Week, the Directorate launched the Interim National Protocol for the Management of Children Awaiting Trial and a plain language guide to the United Nations Convention on the Rights of the Child that was ratified by South Africa in 1995. The latter, we hope, will empower our children to claim and realise their rights and to gain an understanding of the responsibilities of being an active participant in our constitutional democracy.

Maintenance is another important responsibility of the Child and Youth Affairs Directorate. In conjunction with a revised service delivery programme, we will strive over the next two years to provide an electronic maintenance system that allows people to pay and collect maintenance at a significant number of outlets outside our courts. Negotiations are underway with the Post Office to investigate the feasibility of providing payment and collection points in their many service centres.

But we cannot improve the system on our own. As a community, we must begin to must name and shame those parents who wilfully neglect their families in this way.

In conclusion, let me return to the overall issue of targeting the impact of our budgetary tools on those in most need. As we develop and improve our management information system we will be able to sharpen this focus even further. We will continue to ensure that our resources are directed at relieving the plight of the poor and marginalised, especially women and children.

The recent appointment of our Chief Financial Officer, and the planned establishment of a budget project office and a costing centre, augur well for the future. I am confident that our budget will become an increasingly sophisticated mechanism for achieving change where it is most needed and where those most in need will derive most benefit.

Finally, I would like to thank the Minister for his encouragement and support. So too, should my advisor and the officials in my office be thanked for their support and unflagging dedication. My thanks must also go to the Director-General, the Deputy Directors-General and the entire Justice family. A special message of thanks must also go to the non-executive members of our Board who assisted, without any remuneration, in guiding the Department through its restructuring processes - they have added real value to our processes. I would be failing in my duty if I did not recognise the sterling efforts of the Justice Portfolio Committee and this regard I should make special mention of their Committee Chair, Adv. Johnny de Lange.

Thank you all.

Issued by the Department of Justice and Constitutional Development