DEPARTMENTAL ANNUAL REPORT 2015 16 CONTENTS 1 Introduction

DEPARTMENTAL ANNUAL REPORT 2015/16

CONTENTS 1. Introduction 2. Policy Updates 3. Performance Overview 4. Organisational Overview 5. Programme Performance 5. 1 Programme 1: Administration 5. 2 Programme 2: Court Services 5. 3 Programme 3: State Legal Services 5. 4 Programme 4: National Prosecuting Authority 5. 5 Programme 5: Auxiliary and Associated Services 6. Conclusion 2 2

1. INTRODUCTION Vision An accessible justice system that promotes constitutional values. Mission To provide transparent, responsive and accountable justice services for all. Principles and Values (i) Commitment to constitutional values and a culture of human rights (ii) Promotion of the rule of law (iii) Batho Pele (iv) Good governance (v) Ubuntu (vi) Professionalism and continuous improvement (vii) Transparency 3 3

1. INTRODUCTION Strategic Goals The Department of Justice and Constitutional Development (Do. J&CD) has the critical mandate of ensuring that justice is realised by all in South Africa in our Constitutional Democracy. In promoting this, the Department continued in the period under review with the pursuance of the following strategic goals: 1. Enhanced organisational performance on all aspects of administration in line with set standards, and meeting and exceeding the needs and aspirations of key stakeholders. 2. To facilitate the (effective and efficient) resolution of criminal, civil, and family law disputes by providing accessible, efficient and quality administrative support to the courts. 3. Effective and cost-efficient provision of state legal services that anticipate, meet and exceed stakeholder needs and expectations. 4. Effective coordination of the JCPS Cluster in the delivery of Outcome 3. 5. Promotion of the Constitution and its values. 4

1. INTRODUCTION 2. POLICY UPDATES The following are policy initiatives and updates that were undertaken during the year under review: (a) Strengthening judicial governance and accountability From the 2015/16 financial year, in line with the Superior Courts Act, all superior courts were transferred to the Office of the Chief Justice, who manage the performance of these courts. The Department will be responsible for policy and legislation related functions in respect of the superior courts and the administration of the lower courts. This position will prevail until the last phase of the institutional restructuring has been completed. This phase will culminate in the enactment of a new Lower Courts Act and the Court Administration Act, which Cabinet directed to be completed during the current MTSF period. 5 5

1. INTRODUCTION (b) 2. POLICY UPDATES Policy and Legislation on Traditional Courts Following the introduction of the Traditional Courts Bill into Parliament in 2008 and 2012 with views and concerns raised in relation thereto, it became necessary to revisit certain policy considerations that formed the basis of the Bill. The following aspects necessitated a review of the Transformation of the Traditional Courts: • Participation of women in the traditional justice system; • Defining the nature of the courts including the use of terminology in the Bill; • Jurisdictional boundaries of the courts; • Jurisdiction in respect of conflict resolution; and • Opting out of the traditional justice system Significant progress was made by the Reference Group put together to address these issues. Tabling in Parliament is expected during the 2016/17 financial year. 6 6

1. INTRODUCTION 2. POLICY UPDATES (c) Court-Annexed Mediation The pilot project of Court-Annexed Mediation began in December 2014 and was officially launched by the Minister at the Barolong Community Hall in Mahikeng on 16 February 2015. In the first phase of the pilot project, 12 magistrates’ courts, nine in Gauteng and three in North West were selected to offer mediation services. More than 200 mediators were accredited by the Minister to provide mediation services. The report of the pilot study identified a number of issues that will be considered before nation-wide implementation is undertaken. 7 7

1. INTRODUCTION (d) 2. POLICY UPDATES Transformation of State Legal Services In line with the Department’s broader transformation of legal services, the Department embarked on addressing operational challenges within the State Attorney environment. These included, among others, building administrative capacity and putting effective performance monitoring systems in place. The State Attorney Amendment Act of 2014 provided for the establishment of a Solicitor-General to oversee all state litigation and address these issues. Appointment processes were initiated during the year under review. During the year under review, the first draft of the Mediation Policy was development for consultation with stakeholders. This policy will enable government to use mediation as a tool to lower costs of litigation, where this is applicable. Other policies that were considered by the Department include the Briefing and Tariff policies. 8 8

1. INTRODUCTION 2. POLICY UPDATES (e) National Intervention Strategy on crimes against the Lesbian, Gay, Bisexual, Transsexual and Intersexed (LGBTI) community i. On the 29 th of April of 2014, the Minister of Justice and Constitutional Development launched the LGBTI Programme in the presence of representatives from broad stakeholders, including Civil Society Organisations (CSOs) and Chapter 9 Institutions. ii. During the year under review, the Department worked with stakeholders to implement this plan. This included follow-up of criminal cases, awareness initiatives and development of information material such as posters and brochures. 9 9

1. INTRODUCTION 2. POLICY UPDATES (f) National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance (NAP) i. Following consultative workshops with key government departments, Chapter 9 institutions and civil society organisations, the thirteenth draft of the National Action Plan (NAP) was submitted to Cabinet and subsequently approved for public comment during December 2015. ii. The national consultative dialogue with various relevant role-players and stakeholders to launch and mark the commencement of the public consultations process on the NAP was held in Cape Town on 29 February -1 March 2016. iii. Symbolic anti-racism pledges were signed, led by the Deputy Minister, anti-apartheid activist Mr. Ahmed Kathrada, and the Director-General of the DOJ&CD. 10 10

1. INTRODUCTION (g) 2. POLICY UPDATES Policy for the Language of Court Record i. Transformation of the justice system cannot be undertaken without consideration of the use of indigenous languages within the court environment. This will afford people an opportunity to take part in court proceedings in the language they understand the best. ii. The pilot project undertaken by the Department identified a number of aspects that are necessary for the development of indigenous languages including the development of uniform legal terminology and inclusion of indigenous language training as part of the LLB curriculum. iii. Initial consultative meetings with the Office of the Chief Justice were undertaken to discuss this policy and other related transformative policies within the courts. Further discussions will be undertaken with other stakeholders, in preparation for public consultations. 11 11

DEPARTMENTAL PERFORMANCE: PROGRAMME 1 ORGANISATIONAL OVERVIEW 12 12

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 1. Improved Access to Justice Key achievements for the 2015/16 financial year include the following: i. A major milestone in access to services is the finalization of the Limpopo High Court building. This court will enable the greater population of Limpopo to avoid a long trip to Pretoria for a High Court. ii. Designated places of seating were created, with the result that each of the 9 provinces in the country have operating high courts. iii. Limpopo and Mpumalanga provinces completed the alignment of all Magisterial districts to municipal boundaries to enable easier access to justice services. iv. 40 new Small Claims Courts were established enabling communities to institute minor civil claims in an affordable manner. v. 14 dedicated Sexual Offences court rooms were re-established in accordance with the Sexual Offences Courts Model. 13 13

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 2. Service Delivery Highlights in Courts Key achievements for the 2015/16 financial year include the following: i. Through its 15 offices across the country, the Master of the High Court finalised a total of 275 657 cases, inclusive of insolvencies, trusts, deceased estates and payments of the Guardian’s Fund. ii. A total of 17 357 applications for expungement of criminal records were finalised and 720 requests for presidential pardons were handled. Only 43 pardons were granted. iii. The Office of the Chief State Law Advisor completed a total of 1 566 legal opinions and certification of bills. iv. A total of 309 838 criminal cases were finalised with a verdict through the NPA in the lower courts. v. A total of 166 952 cases were finalised through the alternative dispute resolution method (ADRM) through the NPA in the lower courts. vi. The number of Thuthuzela Care Centres (TCCs) increased from 44 to 55. vii. The new High Court in Limpopo has been operationalised. The construction of 14 the Mpumalanga High Court is well underway. 14

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Key Areas of Achievement 3. Improved Administration Key achievements for the 2015/16 financial year include the following: i. There is an increase of 10 019 to 11 329 (13%) in the utilisation of the Audi. Visual Remand System from prior to current year. ii. 312 cases from the outstanding roll of 178 740 were postponed due to unavailability of court administrative support. Monthly monitoring of performance and support provided to courts have led to the target being exceeded. Performance achieved 0. 17% against target of 3% or less. iii. The enhancement to ICMS, ECMS and CAS as part of key deliverables of IJS programme, was deployed to all courts across all nine provinces. iv. PEAS system scan the documents to ensure that fraudulent activities are reduced and prevent the loss of documents. The documents scanned increased from 92 798 to 107 512 (16%) in the current year. 15 15

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 i. The Department sustained the unqualified audit opinion on the Vote Account for three consecutive years, as illustrated below. ii. With the exception of Third Party Funds, all funds have sustained clean audits. iii. Third Party Funds improved from disclaimer to qualification audit opinion. Table 1: Audit outcomes for the vote and funds under management Issue 2013/14 2014/15 2015/16 Vote Account Performance Information Funds Under Management Guardian’s Fund Cara Fund President's Fund Third party Funds 16 16

ORGANISATIONAL OVERVIEW Vote Account - Audit Outcome i. Number of findings reduced to 52 for 2015/16 (69 for 2014/15) ii. Major findings • Material misstatements corrected on contingent liabilities (2014/16 Contingent liabilities, leases & commitments). • The bank overdraft iii. Major improvements during the 2013/14 audits • Reduction in Human Resource management findings • Major reduction in invoices not paid outstanding more than 30 days (R 8, 8 million in 2013/14 to R 3, 6 million in 2014/15 and to R 252 k in 2015/16) iv. Focus areas for 2016/17 audits • Further improvement in 30 day payments i. Performance information (AOPO) - sustainability ii. Prevention of irregular expenditure iii. Corrective action on the Contingent liability systems iv. Put systems in place to educe the bank overdraft 17

ORGANISATIONAL OVERVIEW Guardian Fund’s - Audit Outcome i. Unqualified audit opinion (Clean) ii. Number of findings reduced to 14 for 2014/15 (18 for 2013/14) iii. Major Risk areas • System Deficiencies, 8 out of the 14 Findings (58%) relate to system calculation issues, which are the major risk item that can affect the Audit Opinion. • The GF is currently performing options analysis for the route forward on a new system but the GF has “work-around” processes to mitigate the current system risks 18

ORGANISATIONAL OVERVIEW President’s Fund - Audit Outcome i. Unqualified audit opinion (Clean) ii. Number of findings reduced to 1 for 2015/16 (3 for 2014/15) iii. Audit finding: • Supporting documentation relating to payment of bursaries to education institutions by NSFAS and Department of Education. 19

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Third Party Funds - Audit Outcome i. Third Party Funds reports have improved from a disclaimer issued by AG in 2014/15 to a qualified audit opinion in 2015/16. ii. The Department is on track to achieve an unqualified audit opinion in Third Party Funds (TPF) by the end of the 2017/18 financial year. iii. A new technological system for the management of TPF was piloted, with an expectation of a full roll-out by the end of the 2016/17 financial year. iv. In addition, training initiatives were undertaken to enable all service points to improve their financial management. 20 20

ORGANISATIONAL OVERVIEW Third Party Funds Turnaround Plan i. Investments in the last 3 years was focused on data clean up, improving banking and cash management, reducing service turnaround time and was underpinned by a substantial training programme for court and cash hall personnel. ii. The next period is guided by a specifically appointed Steering Committee of Exco that will ensure full and disciplined implementation of all policies and standing operating procedures. iii. The departmental activities of the next 5 years will be guided by investment in financial accounting and reporting systems as well as introduction of payment methodologies that enhance service delivery to beneficiaries. 21

ORGANISATIONAL OVERVIEW Third Party Funds Turnaround Plan i. The medium term prioritised interventions over are focussed on: ii. Financial reporting in full compliance with all relevant and applicable standards aligned with National treasury directives of the TPF (2016 and onwards) iii. Development and piloting of a new financial administration system - 2015/2016 iv. Deployment of the new system to all service points subjected to a substantial change management and training programme (2016/2017) v. Development and deployment of enhanced and automated business process supported with clear directives and operating procedures (2015 – 2017) vi. Appropriate governance arrangements in line with approved legislation (new TPF legislation in process) and National Treasury Frameworks. 22

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 1. The Department achieved 68 of the 97 planned targets in the Annual Performance Plan of 2015/16. The performance translated to 70% of targets being achieved. 2. The progress on the implementation of the APP was monitored on a monthly basis 3. The chart below depicts the performance of department per programme. Departmental Performance Per Programme Indicator Per Programme 30 25 20 15 10 5 0 Achieved Not Achieved Performance Programme 1 9 5 64% Programme 2 13 4 76% Programme 3 27 8 77% Programme 4 18 10 67% Programme 5 23 1 2 33% 23

ORGANISATIONAL OVERVIEW DEPARTMENTAL PERFORMANCE: PROGRAMME 1 1. The number of indicators increased from 92 to 97 in the period under review. 2. When comparing the performance from prior year to current year, all programmes performance deteriorated. Performance achieved 3. Tracking of new objective indicators were not completed timeously due to capacity constraints. 120% ANALYSIS OF 2014/15 AND 2015/16 PERFORMANCE 100% 80% 60% 40% 20% 0% 2014/15 2015/16 Change in performance Programme 1 90% 64% 28% Programme 2 93% 76% 18% Programme 3 85% 77% 9% Programme 4 77% 67% 13% Programme 5 100% 33% 67% 24 24

BUDGET OVERVIEW AND AUDIT FINANCIAL OVERVIEW Headline on Spending i. There has been a significant decrease in accruals in the 2013/14 financial year; ii. There has been a major improvement in the percentage of creditors paid within 30 days; iii. Underspending in capital remains a challenge. Operational challenges are being addressed. 25

BUDGET OVERVIEW AND AUDIT FINANCIAL OVERVIEW Cost Drivers - Goods and Services 26

BUDGET OVERVIEW AND AUDIT FINANCIAL OVERVIEW Cost Drivers - Goods and Services There has been a significant increase in costs of psychological evaluations and transcription of records. Average growth below 0% confirms the implementation of the cost containment measures by the department 27

ORGANISATIONAL OVERVIEW AUDIT FINANCIAL AND OVERVIEW Baseline budget reduction National Treasury announced baseline budget cuts in January 2016 in order to fund other government priorities. The Department will implement these cuts as follows: 2017/18 2018/19 R‘ 000 Compensation of employees (429 255) (671 086) Implementation of Criminal justice System seven-point plan (115 292) (121 979) (10 000) (11 000) (554 547) (804 065) DOJ&CD Buildings &other fixed structures: to OCJ for office accommodation TOTAL REDUCTION 28

PROGRAMME PERFORMANCE PROGRAMME 1: ADMINISTRATION PROGRAMME PERFORMANCE 29 29

PROGRAMME 1: ADMINISTRATION The purpose of this programme is to provide strategic leadership, management and support services to the Department. Strategic Objectives 1. Increased compliance with prescripts to achieve and sustain the unqualified audit opinions. 2. Implementation of programmes aimed at creating employment opportunities for the youth. 3. Reduction of fraud and corruption in the Department. 4. Increased number of public bodies compliant with the Promotion of Access to Information Act (PAIA , Act 2 of 2000). 30 30

PROGRAMME 1: ADMINISTRATION Strategic Objective 1: Increased Compliance with prescripts to achieve and sustain unqualified audit opinion The Department achieved and sustained an unqualified audit opinion on the vote account, Guarding’s Fund , CARA Fund and President’s Fund. Third Party Fund (TPF) improved from disclaimed opinion to qualified opinion. Objective Indicator Actual Planned Target 2015/2016 Actual Achievement 2015/2016 2014/2015 • Vote: Unqualified 1. Unqualified audit opinion achieved • Guardian’s Fund: Clean and sustained • CARA: Clean on financial • President Fund: Clean statements • TPF: Qualified 31 • TPF: Qualified 31

DEPARTMENTAL PROGRAMME 1 PERFORMANCE: 1: ADMINISTRATION Strategic Objective 1: Increased compliance with prescripts for good governance 1. Internal audit completed 304 audit projects during the period under review, it provided insight on the internal controls and to ensure that the risks are minimised. 2. Audit Action Plan to address findings made by the Auditor-General and Internal Audit, the target was not met due the some of the interventions timelines overlapped to 2016/17 financial year 3. Three reports were completed, however, there was delay in submission of reports by the beneficiaries of CARA to finalise the forth report Performance Indicator Actual Achievement 2014/2015 Planned Target 2015/2016 Actual Achievement 2015/2016 1. 1 Number of audit projects completed by Internal Audit 95% (239 of 252) 285 304 1. 2 Percentage of audit findings addressed to resolve internal and external audit findings 1. 3 Number of quarterly reports on allocated CARA funds completed 32 86% 90% 81% 4 4 3 32

PROGRAMME 1: ADMINISTRATION Strategic objective 2: Implementation programmes aimed at creating employment opportunities for the youth Department has prioritised programmes that will contribute positively to address the challenge of unemployment. Such programmes include creation of employment opportunities for the youth. The baseline information report was not completed due to limited resources required to complete the study. The Department has since identified resources that will assist in conducting the study during the 2016/17 financial year. Objective indicator 2. 33 Number of employment opportunities created for the youth Actual Achievement 2014/2015 - Planned Target 2015/2016 Actual Achievement 2015/2016 Baseline information Information report not completed 33

PROGRAMME 1: ADMINISTRATION Strategic objective 2: Implementation programmes aimed at creating employment opportunities for the youth 1. The Department appointed 808 of graduates and learners to internship and learnership programmes. 2. Department had planned to conduct a baseline study with the aim of determining the target that can be set for procurement spending on the youth. The baseline study was not finalised due to the legal issues raised regarding regulations that govern procurement within the public sector. It can however be confirmed that although the baseline report was not completed, the Department continued to implement interventions to create opportunities for the youth. Performance Indicator 2. 1 2. 2 Actual Planned Achievement Target 2014/2015/2016 Number of people appointed on 800 internship and learnership programmes. Actual Achievement 2015/2016 Percentage of procurement spending on the youth. Baseline report not completed 34 - Baseline report 808 34

DEPARTMENTAL PROGRAMME 1 PERFORMANCE: 1: ADMINISTRATION Strategic Objective 3: Reduction of fraud and corruption cases in the department The Department conducted a survey to determine the impact and effectiveness of anti-fraud and corruption initiatives implemented over the past few financial years. . The findings indicate that the majority of officials are aware of the Departmental Anticorruption policies; however, there is a gap in full comprehension of the contents of the policies. This indicates that the department should follow a different approach to ensure that officials internalise the Anti-Corruption policies to its full extent. Training of officials in this regard will continue accordingly. Objective indicator 3. Percentage of employees perceiving a decrease in fraud and corruption Actual Achievement 2014/2015 Planned Target 2015/2016 Baseline survey Actual Achievement 2015/200016 Baseline survey completed 35

DEPARTMENTAL PROGRAMME 1 PERFORMANCE: 1: ADMINISTRATION Strategic Objective 3: Reduction of fraud and corruption in the Department 1. During the year under review, 56 fraud and corruption staff awareness workshops were conducted. . 2. The Department recorded 251 alleged cases of fraud and corruption and 228 of these cases were finalised. The target was not met due to complexity of some cases, which required more time to be finalised. 3. At the end of period under review, 10 integrity competence assessments forms of Senior Management Services were submitted to Security Agency for vetting. Performance Indicator 3. 1 3. 2 3. 3 36 Actual Achievement 2014/2015 Number of fraud and corruption staff 66 awareness workshops conducted Percentage of forensic investigations finalised Number of Integrity Competence Assessments of Senior Management Services (SMS) completed Planned Target 2015/2016 55 Actual Achievement 2015/2016 56 86% 92% 91% 156 165 175 36

DEPARTMENTAL PROGRAMME 1 PERFORMANCE: 1: ADMINISTRATION Strategic objective 4: Increased number of public bodies’ compliance with the Promotion of Access to Information Act (PAIA) of 2000 The Department is responsible for the administration, coordination of the PAIA to the public and facilitation of the implementation of PAIA throughout the three spheres of Government and other public bodies. During the year under review, a survey was conducted at Public Bodies to determine their level of compliance with PAIA. To this effect 102 Public Bodies were found to be fully compliant with PAIA. Objective indicator 4. 37 Number of Public Bodies fully compliant with PAIA Actual Achievement 2014/2015 - Planned Target 2015/2016 51 Actual Achievement 2015/2016 102 37

PROGRAMME 1: ADMINISTRATION Strategic objective 4: Increased number of public bodies’ compliance with the Promotion of Access to Information Act (PAIA) of 2000 1. To ensure compliance with PAIA, the Deputy Information Officer of the Department is required to provide training within various public bodies. During the year under review the Office of the Deputy Information Officer conducted PAIA training at 57 public bodies. 2. The Department processed 206 requests of which 204 requests were finalised within the prescribed period, performance translated to 99%. Performance Indicator Actual Achievement 2014/2015 Planned Target 2015/2016 Actual Achievement 2015/2016 4. 1 Percentage of PAIA requests processed within 60 days 88% (297 of 338) 75% 99% - 50 57 4. 2 Number of Public Bodies trained on implementing PAIA 38 38

PROGRAMME PERFORMANCE PROGRAMME 2: COURT SERVICES 39 39

PROGRAMME 2: COURT SERVICES The purpose of this programme is to facilitate the resolution of criminal and civil cases, and family disputes by providing accessible, efficient and quality administrative support to the courts. Strategic objectives 5. Improved finalisation of criminal cases in support of Outcome 3: All people in South Africa are and feel safe. 6. Improved court-based services to achieve client satisfaction within the vulnerable groups. 7. Increased protection of the best interest of children and promotion of family cohesion through mediation services. 8. Increased access to justice services to historically marginalised communities. 9. Improved level of compliance with quasi-judicial standards of service. 40 40

PROGRAMME 2: COURT SERVICES DEPARTMENTAL PERFORMANCE: PROGRAMME 1 Strategic Objective 5: Improved finalisation of criminal cases in support of Outcome 3: “All people in South Africa are and feel safe” The aim of the case backlog project is to achieve a reduction in cases and to ensure that the inflow of new cases is balanced by matters concluded as well as greater court efficiency and effectiveness. During the year under review, the number of criminal cases on backlog in the lower courts increased to 47 324, representing 26% of the outstanding roll of 178 740 cases. The target was not achieved as the Department had with effect from the 2014/15 financial year adjusted the calculation used to determine whether a case is a backlog or not. Objective Indicator 5. 41 Number of criminal cases on the backlog roll in lower courts Actual Achievement 2014/2015 Planned Target 2015/2016 Actual Achievement 2015/2016 29 480 < 25 338 47 324 41

PROGRAMME 2: COURT SERVICES Strategic objective 5: Improved finalisation of criminal cases in support of Outcome 3: “All people in South Africa are and feel safe” 1. The draft CJS business plan was developed, however, the target was not achieved as the consultative process with stakeholders took longer than anticipated. 2. A total of 312 cases from the outstanding roll of 178 740 were postponed due to unavailability of court administrative support. Performance Indicator 5. 1 CJS Business Plan completed by target date 5. 2 Percentage of criminal cases postponed due to unavailability of court administration staff 42 Actual Planned Target Achievement 2015/2016 2014/2015 CJS Business Plan completed by 31 Dec 2015 2% 3% Actual Achievement 2015/2016 CJS Business Plan drafted but not finalised 0. 17% 42

DEPARTMENTAL PROGRAMME 2 PERFORMANCE: 2: COURT SERVICES Strategic objective 6: Provide improved court-based services to achieve client satisfaction within the vulnerable groups The Department continues to put interventions in place aimed at improving the services rendered to victims of sexual offences. In order to assess the impact of the service improvements and identify further areas of improvement, the Department conducted a client satisfaction study. This study was also conducted with the aim of determining the Performance target to be set for subsequent years. The study included conducting interviews with adults and children who accessed the sexual offences courts. Objective Indicator 6. 43 Actual Achievement 2014/2015 Percentage of complainants’ satisfied with courts-based support services Planned Target 2015/2016 Baseline survey Actual Achievement 2015/2016 Baseline survey completed 43

PROGRAMME 2: COURT SERVICES Strategic objective 6: Provide improved court-based services to achieve client satisfaction within the vulnerable groups 1. Department recorded 6 571 maintenance cases where defendants were served with proper service of process at the 9 pilot sites and 5 596 cases were finalised within 90 days after proper service of process, translating to 85% performance. 2. As at the end of the year, 22 879 convictions were recorded electronically on the NRSO. 3. For the period under review, 14 courtrooms were upgraded to dedicated sexual offences courtrooms Performance Indicator Actual Achievement 2014/2015 Planned Target 2015/2016 Actual Achievement 2015/2016 6. 1 Percentage of maintenance matters finalised within 90 days after proper service of process (9 pilot sites) 60% 55% 85% 6. 2 Percentage of convictions recorded electronically on the (NRSO) 100% 92% 100% 14 12 14 % 6. 3 Number of sexual offences court rooms established 44

DEPARTMENTAL PROGRAMME 2 PERFORMANCE: 2: COURT SERVICES Strategic objective 7: Increased protection of the best interest of children and promotion of family cohesion through mediation services The Department, through the Office of the Chief Family Advocate provides professional services to members of the public and the courts, with children being the main beneficiaries of the services provided. During the year under review 23 481 children were assisted through family advocate interventions, against the target of 12 960. Objective Indicator 7. Number of children assisted through family advocate interventions 45 Actual Achievement 2014/2015 - Planned Target 2015/2016 12 960 Actual Achievement 2015/2016 23 481 45

PROGRAMME 2: COURT SERVICES Strategic objective 7: Increased protection of the best interest of children and promotion of family cohesion through mediation services 1. During the year under review, 9 567 non-litigation family law matters were registered and 8 194 of these matters were finalised. 2. For the litigation cases where reports required to be filed at courts, 8 355 reports were filed and 7 688 of those reports were filed within 15 days of completion of the enquiry Performance Indicator 7. 1 7. 2 46 Actual Planned Actual Achievement Target Achievement 2014/2015/2016 Percentage of non-litigation family 78% 30% 86% law matters finalised Percentage of family advocates’ court reports filed within 15 days of completion of enquiry 85% 92% 46

PROGRAMME 2: COURT SERVICES Strategic objective 8: Increased access to justice services to historically marginalised communities In keeping with its commitment to increase access to justice, the Department has in the past few years established new courts and rationalised the existing courts in order to align them with the constitutional dispensation. During the year under review, the Department planned a baseline survey to determine citizens perception of access to justice services. The baseline survey report was not completed due to limited resources. The Baseline Study has since been completed Objective Indicator 8. Percentage of clients perceiving an increase in access to justice services 47 Actual Achievement 2014/2015 - Planned Target 2015/2016 Baseline survey report Actual Achievement 2015/2016 Baseline survey report not completed 47

PROGRAMME 2: COURT SERVICES Strategic objective 8: Increased access to justice services to historically marginalised communities 1. A total of 40 new small claims courts were established. 2. Limpopo and Mpumalanga province magisterial districts were aligned to municipal boundaries. 3. Similar process of aligning divisions of High Courts with provincial boundaries was undertaken for Limpopo and Mpumalanga provinces. Performance Indicator 8. 1 8. 2 8. 3 48 Actual Achievement 2014/2015 Planned Target 2015/2016 Actual Achievement 2015/2016 Number of Small Claims Courts established Number of provinces where magisterial districts are aligned with municipal boundaries 39 30 40 - 2 2 Number of Divisions of High Courts aligned with Provincial Boundaries - 2 2 48

DEPARTMENTAL PROGRAMME 2 PERFORMANCE: 2: COURT SERVICES Strategic objective 9: Improved level of compliance with quasi-judicial standards of service The Department strives to improve compliance with the standards in the delivery of quasijudicial services offered to clients. To this end, service standards have been introduced regarding the processing of applications for court judgements issued by the clerk of court in terms of Rule 12 of the magistrates court rules. During the year under review, the Department sought to conduct a baseline study to determine the target to be set for the subsequent years. Although the study was conducted, it was not finalised by the end of the financial year; thus, the target was not achieved. Objective Indicator 9. 49 Percentage of clients satisfied with quasijudicial services Actual Achievement 2014/2015 Planned Target 2015/2016 Baseline study Actual Achievement 2015/2016 Baseline study not completed 49

PROGRAMME 2: COURT SERVICES Strategic objective 9: Improved level of compliance with quasi -judicial standards of service 1. During the year under review, 241 816 requests for default judgements were received and 211 219 were dealt with by the clerks of the court, within 14 working days of receipt. 2. The Department processed 12 558 unopposed taxations and 12 326 were processed within 14 working days from the date the matters were set down. Performance Indicator 9. 1 Percentage of requests for default judgments dealt with by the clerk of the court within 14 working days of receipt (district courts) 9. 2 Percentage of unopposed taxations processed within 14 working days from the date the matter is set down (district 50 courts) Actual Achievement 2014/2015 90% Planned Target 2015/2016 85% Actual Achievement 2015/2016 87% 93% 92% 98% 50

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 PROGRAMME PERFORMANCE PROGRAMME 3: STATE LEGAL SERVICES 51 51

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES The purpose of this programme is to provide legal and legislative services to government, supervise the registration of trusts and the administration of deceased and insolvent estates and estates undergoing liquidation, manage the Guardian’s Fund and prepare and promote legislation. In addition, the Department facilitates constitutional development and undertakes research in support of this. Strategic objectives 10. Increased efficiency in the provision of masters services to all beneficiaries thereof. 11. Improved management of litigation on behalf of the State to reduce litigation costs and transform the legal profession. 12. Enhanced reintegration of petty offenders into socio-economic environment. 13. Provision of quality legal advisory services that pass constitutional muster. 14. Fulfilment of international obligations by the Department. 15. Development of legislative instruments that withstand constitutional challenges. 16. Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights. 17. Implementation of the TRC recommendations, as approved by Parliament, for the purposes of contributing to healing the wounds of the past and restoring human dignity. 52 52

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic objective 10: Increased efficiency in the provision of masters ’ services to all beneficiaries thereof i. In keeping with its commitment of service turnaround within the Office of the Chief Master, systems and innovations continued to be developed for better management of cases within the Offices of the Master. ii. One of the initiatives was the development of the masters web portal for tracking the administration of estates and trusts. During the year under review, the Department recorded 188 902 visits to the masters web portal. Performance Indicator 10 53 Number of visits to the masters web portal Actual Achievement 2014/15 - Planned Target 2015/16 100 000 Actual Achievement 2015/16 188 902 53

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic objective 10: Increased efficiency in the provision of masters ’ services to all beneficiaries thereof 1. 120 051 letters of appointments in deceased estates were issued, of which 110 297 were issued within 15 days of receipt of all required documents. 2. 49 504 accounts in large estates were examined and 45 742 were examined within 15 days of receipt of all required documents. 3. 49 819 beneficiaries were in receipt of Guardian’s Fund services and 46 523 were in receipt of these services within 40 days of receipt of all the required documents. Performance Indicator 10. 1 Percentage of letters of appointment issued in deceased estates within 15 days of receipt of all required documents Actual Planned Achievement Target 2014/15 2015/16 89% 95% 10. 2 Percentage of liquidation and distribution accounts in large estates (> R 125 000) examined within 15 days from receipt of all required documents 10. 3 Percentage of beneficiaries in receipt of services within 40 days from receipt of all required 54 documents (Guardian’s Fund) Actual Achievement 2015/16 92% 90% 92% 92% 91% 93% 54

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic objective 10: Increased efficiency in the provision of masters ’ services to all beneficiaries thereof 4. 11 150 certificates of appointment in bankruptcy matters were issued, of which 10 102 were issued within 10 days of receipt of all the required documents. 5. A total of 8 247 liquidation and distribution accounts in bankruptcy matters were examined and 7 885 were examined within 15 days of receipt of all the required documents Performance Indicator Actual Planned Achievement Target 2014/15 2015/16 Actual Achievement 2015/16 10. 4 Percentage of certificates of appointment issued in all bankruptcy matters within 10 days from receipt of all required documents 89% 87% 91% 10. 5 Percentage of liquidation and distribution accounts in bankruptcy matters examined within 15 days from receipt of all required documents 93% 96% 55 55

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic objective 10: Increased efficiency in the provision of masters ’ services to all beneficiaries thereof 6. 36 886 letters of authority in trusts were issued, of which 32 225 were issued within 14 days of receipt of all the required documents. Network downtime and the phasing in of the implementation of PEAST as well as the capacitation of officials on the system contributed to the target not being achieved. 7. The Department registered 107 512 new deceased estates, of which 103 374 were processed on PEAS. Performance Indicator Actual Achievement 2014/15 10. 6 Percentage of letters of authority issued in 79% trusts within 14 days from receipt of all required documents 10. 7 Percentage of new deceased estates registered on the Paperless Estate Administration System (PEAS) 56 87% Planned Target 2015/16 90% 85% Actual Achievement 2015/16 87% 96% 56

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 11: Improved Management of Litigation on Behalf of the State to Reduce Litigation Costs and Transform the Legal Profession i. The Department has as one of its priorities the turnaround of the state attorney offices. This includes putting systems and policies in place to manage litigation costs, ensure effective management of State Litigation and capacitating the state attorney offices to enable the improvement of operational effectiveness. ii. Of the R 2 billion claims made, the State made savings to the value of R 1, 2 billion. iii. This indicator was used for the first time and is under review due to deficiencies identified. Objective Indicator Actual Planned Achievement Target 2014/15 2015/16 11. Percentage of savings on 5% damages claimed 57 Actual Achievement 2015/16 64% (1 286 741 331 of 2 021 884 701) 57

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 11: Improved Management of Litigation on Behalf of the State to Reduce Litigation Costs and Transform the Legal Profession 11. 1 During the year under review, an amount of R 709 119 045 was allocated to counsel in state litigation matters, of this amount, R 565 938 638 was allocated to PDI counsel. 11. 2 Furthermore a total of 1 566 litigation matters were finalised and in 1 506 of those matters the Department made savings on damages claimed. 11. 3 The mediation policy was submitted and endorsed by the Executive. Performance Indicator Actual Achievement 2014/15 11. 1 Percentage value of briefs allocated 76% to previously disadvantaged individuals counsel Planned Target Actual 2015/16 Achievement 2015/16 77% 80% 11. 2 Percentage of finalised damages claims where savings were made - 62% 96% 11. 3 Number of policies submitted to the Executive for endorsement - 1 1 58 (Mediation policy) 58

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 11: Improved Management of Litigation on Behalf of the State to Reduce Litigation Costs and Transform the Legal Profession 11. 4 A total of 176 positions within the branch Office of the Chief Litigation Officer were filled to improve the operations. 11. 5 22 State Attorney Heads and Deputy State Attorneys were trained on management and leadership. Performance Indicator 11. 4 11. 5 59 Actual Planned Achievement Target 2014/15 2015/16 Number of positions filled 73 Number of managers trained in management - 13 Actual Achievement 2015/16 176 22 59

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 12: Enhance reintegration of petty offenders into socioeconomic environment i. The Department is mandated to handle expungement of certain criminal records in respect of individuals who qualify under law. ii. Criminal records of these individuals are cleared, thereby enhancing their reintegration into the socio-economic environment. Objective Indicator 12. Number of offenders whose convictions were cleared to facilitate reintegration into the socioeconomic environment 60 Actual Planned Achievement Target 2014/15 2015/16 11 000 Actual Achievement 2015/16 11 280 60

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 12: Enhance reintegration of petty offenders into socioeconomic environment 1. The Department handles expungements of certain criminal records thus enhancing the re-integration of these individuals into the socio-economic environment. 75% of applications for expungements were finalised within 3 months of receipt of documents. The increase in the volume 49% (11 651 to 17 357) of requests received and capacity constraints within the area responsible for handling expungements contributed to the target not being met. Objective Indicator 12. 1 61 Percentage of expungements completed within three months Actual Planned Achievement Target 2014/15 2015/16 90% 80% Actual Achievement 2015/16 75% (12 976 of 17 357) 61

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 13: Provision of legal advisory services that pass Constitutional Muster There were no legislative instruments and international agreements that were successfully challenged in court for constitutionality. Objective Indicator 13 62 Actual Planned Actual Achievement Target Achievement 2014/15 2015/16 Percentage of legislative <2% 0% instruments and constitutional international agreements challenges which can be successfully challenged in court for constitutionality 62

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 13: Provision of quality legal advisory services that pass Constitutional Muster 13. 1 726 legal opinions were finalised; of these 694 were finalised within 30 days of the date of receipt. 13. 2 the Department finalised 92 preliminary opinions on draft bills for Cabinet’s consideration and 89 of these matters were finalised within 40 days of the date of receipt, 13. 3 A total of 230 bills and subordinate legislation were received for certification and 221 were finalised within 40 days of the date of receipt. Performance Indicator 13. 1 13. 2 13. 3 Actual Planned Achievement Target 2014/15 2015/16 Percentage of legal opinions finalised within 30 86% 83% days of date of receipt Percentage of preliminary opinions on draft bills 80% 70% for Cabinet’s consideration completed within 40 days of the date of receipt Percentage of bills and subordinate legislation 63 finalised within 40 days of the date of receipt 88% 85% Actual Achievement 2015/16 96% 97% 96% 63

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 13: Provision of quality legal advisory services that pass Constitutional Muster 13. 4 Department received 247 international agreements and accompanying legal opinion in the financial year under review; 243 out 247 were finalised within 30 days. 13. 5 A total of 271 translations were received during the year and 251 were finalised within the set timeframe of 55 days from date of receipt. Performance Indicator 13. 4 Percentage of International Agreements and accompanying legal opinions finalised within 30 days of the date of receipt 13. 5 Percentage of translations finalised within 55 days of the date of receipt 64 Actual Planned Actual Achievement Target Achievement 2014/15 2015/16 93% 70% 98% 89% 84% 93% 64

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 14: Fulfilment of international obligations by the Department i. The Department is mandated to ensure that there is timeous compilation and submission of the country reports to the UN and AU. ii. The process of consulting with different stakeholders results in delays in finalising the country reports and ratification. It can be reported that although the target was not met progress has been made in compilation of country reports and ratifications. (The Committee on the Elimination of Racial Discrimination (CERD) report was since presented in August 2016 at UN (finalised); The Universal Periodic Review (UPR)’s deadline was moved to April 2017) Objective Indicator Actual Planned Achievement Target 2014/15 2015/16 14 Number of country reports and ratifications tabled timeously - 65 Actual Achievement 2015/16 2 country 0 country reports 1 ratification 65

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 14: Fulfilment of international obligations by the Department 14. 1 Within International Legal Services, a total of 63 of 82 valid requests were processed within the prescribed timeframes, translating into 77% achievement. 14. 2 There is no bilateral agreement concluded in year under review. The complexity of certain matters contributed to delay in processing matters within the prescribed timeframe. Resignation of a key official had an impact on performance Objective Indicator 14. 1 Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed within 25 days (notification) 14. 2 Number of bilateral agreements concluded 66 Actual Planned Achievement Target 2014/15 2015/16 85% 82% - 2 Actual Achievement 2015/16 77% 0 66

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 15: Development of legislative instruments that withstand constitutional challenges i. The Department therefore strives at all times to ensure that legislative instruments developed and enacted are constitutionally sound. ii. During the year under review, no legislation implemented since 2010 was successfully challenged in the constitutional court. Objective Indicator 15. 67 Percentage of legislative instruments successfully challenged for constitutionality Actual Achievemen t 2014/15 - Planned Target 2015/16 < 2% implementat ion challenges Actual Achievement 2015/16 0% implementation challenge 67

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 15: Development of legislative instruments that withstand constitutional challenges 1. 26 legislative instruments were submitted to the Minister for approval. 2. During the year under review, 19 research papers were completed and submitted for consideration at the SALRC. 3. 15 amendments to the court rules and forms were submitted and approved by the Rules Board. Performance Indicator Actual Planned Actual Achievement Target Achievement 2014/15 2015/16 15. 1 Number of legislative instruments 36 16 26 submitted to the Minister for approval 15. 2 Number of research papers completed 15. 3 Number of court rules completed 68 9 8 19 21 10 15 68

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights i. The Department, in partnership with the FHR, is implementing a multiyear programme called Socio-Economic Justice for All (SEJA), which is funded by the European Union. ii. The awareness survey conducted during the year under review revealed that 46% of people surveyed were aware of their constitutional rights, against the target of 54%. Additional campaigns are being planned in line with the 20 year anniversary of the Constitution Objective Indicator 16 Percentage of people with awareness of the Constitution 69 Actual Achievement 2014/15 - Planned Target 2015/16 54% Actual Achievement 2015/16 46% 69

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights The Department, in partnership with the FHR, is implementing a multi-year programme called Socio Economic Justice for All (SEJA), which is funded by the European Union: 1. Nine activities were completed to improve awareness of constitutional rights awareness. 2. Four activities to improve sector coordination and socio-economic rights were completed. Performance Indicator 16. 1 Number of activities completed to improve awareness of constitutional rights awareness 16. 2 Number of activities to improve coordination and socioeconomic rights 70 Actual Planned Achievement Target 2014/15 2015/16 7 9 4 4 Actual Achievement 2015/16 9 4 70

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 16: Promotion of broad-based knowledge about and support for values of equality, human dignity and fundamental human rights The Department, in partnership with the FHR, is implementing a multi-year programme called Socio Economic Justice for All (SEJA), which is funded by the European Union. 3. Four activities to improve capacity and engagement of CSO in constitutional rights were completed 4. A total of 77 number of municipalities that participated in NAP dialogues Performance Indicator Actual Planned Actual Achievement Target Achievement 2014/15 2015/16 16. 3 Number of activities to improve capacity 4 4 4 and engagement of CSO in constitutional rights 16. 4 Number of municipalities that 70 77 participated in NAP dialogues 71 71

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Strategic Objective 17: Implementation of the TRC recommendations, as approved by Parliament, for purposes of contributing to healing the wounds of the past and restoring human dignity The target to complete needs analysis in six TRC listed communities was not achieved. The lack of understanding of the process by community members in the outstanding TRC identified communities has led to some community members being dissatisfied and thus rejecting the community rehabilitation programme. In addition, local government election campaign season affected availability of leadership. The Department has also embarked on the process of engaging potential funders for the community rehabilitation programme. Performance Indicator 17. 1 Number of needs analysis completed in TRC listed communities 72 Actual Planned Actual Achievement Target Achievement 2014/15 2015/16 6 6 0 72

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Update on other TRC recommendations Education Assistance: i. A total of 1 205 cases of educational assistance for basic and higher education for identified victims were processed. ii. For the 2015 academic year, 315 applications were positively verified Other: by the Department for Higher Education assistance. iii. A total of 318 applications were verified and referred to DBE for approval of the applications and subsequent payments. iv. The maximum amount paid per student for higher education assistance is R 65 000 and R 41 500 for basic education per learner. 73 73

PROGRAMME 3: STATE LEGAL DEPARTMENTAL PERFORMANCE: PROGRAMME 3 SERVICES Update on other TRC recommendations Other initiatives: i. During the year under review, the remains of 10 former members of Umkhonto We. Sizwe were successfully handed over to their families in Freedom Park by the Minister of Justice and Correctional Services. Other: ii. Furthermore, the Gallows Exhumation Project was launched. This project seeks to exhume 83 human remains of the political prisoners to be formally handed over to their families for dignified reburials. iii. During the year under review, in line with this recommendation, the Department distributed 9 132 volumes to public libraries, Universities, FET Colleges and High Schools. 74 74

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 PROGRAMME PERFORMANCE PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY 75

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 The purpose of this programme is to provide a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, removes the profit from crime and protects certain witnesses. Strategic objectives 1. Increased successful prosecution 2. Improved prosecution of cases that require specialised prosecutions 3. Ensure that profit is removed from crime 4. Ensure threatened witnesses are successfully protected 76

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY Strategic Objective 1: Increased successful prosecution The NPA finalised 1 896 (0. 4%) fewer cases including ADRM than the annual target of 478 686 during the reporting period. Both the regional and the district courts recorded a reduction compared to the previous year. The reason for this decline is the inefficient use of courts coupled with a focused approach on quality prosecutions, especially on cases suitable to be resolved through ADRM. Objective Indicator Actual Achievement 2014/15 Number of criminal court cases including 502 485 ADRM finalised in lower courts 77 Planned Target 2015/16 478 686 Actual Achievement 2015/1618 476 790 77

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 1: Increased successful prosecution 1. The courts finalised 309 838 verdict cases with a conviction rate of 93% (288 335 convictions). The decline may be correlated with a similar decline of 17% in the influx of new cases and a 13% reduction in court hours. A total of 16 660 (5%) fewer cases were finalised with a verdict compared to the target of 326 498. 2. 166 952 cases were finalised by means of ADRM, of which 2 587 (2% of the national total) were finalised by the regional courts and 164 365 cases (98% of the national total) in the district courts. Performance Indicator 1. Number of criminal court cases finalised with verdict in the lower courts 2. Number of criminal court cases finalised in the lower courts through ADRM 78 Actual Planned Achievement Target 2014/15 2015/16 Actual Achievement 2015/16 318 171 326 498 309 838 184 314 152 188 166 952 78

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY Strategic Objective 1: Increased successful prosecution 3. The High Courts received a total of 832 new cases and finalised a total of 1 012 cases. 4% increased from the previous years and the courts maintained a high conviction rate of 90%. 4. The regional courts enrolled 56 475 cases and finalised 34 419 cases comprising 31 832 verdict cases (92% of the total finalised cases) with a conviction rate of 78% and 2 587 ADRM cases (8% of the total finalised cases). 5. The district courts enrolled 806 969 new cases and courts finalised 442 371 cases, comprising 278 006 verdict cases (63% of the total finalised cases) and 164 365 ADRM cases (37% of the total finalised cases). Performance Indicator 3. Conviction rate in High Courts Actual Achievement 2014/15 91% (890) Planned Actual Target 2015/16 Achievement 2015/16 87% 90% (888) (910) 4. Conviction rate in Regional Courts 76. 6% (25 591) 74% (26 396) 78% (24 958) 5. Conviction rate in District Courts 94. 2% (268 127) 88% (255 928) 95% (263 377) 79 79

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY Strategic Objective 1: Increased successful prosecution 6. The courts achieved 89% conviction rate in organised crime. The prosecutors charged with the prosecution of organised crime achieved 359 convictions. 7. A total of 7 098 sexual offences verdict cases were finalised. 8. A total of 1 692 cases were finalised with a conviction rate of 82% (1 391 convictions). Delays in finalising cases due to a number of opposed matters. 9. 73 out of 107 cases were finalised with convictions. The non-achievement of below indicators is as result of fewer cases finalised which evidence was accepted by the court. Performance Indicator Actual Achievement 2014/15 6. Conviction rate in organised crime 92. 2% (474) 7. Conviction rate in sexual offences 8. Conviction rate in trio crimes 9. Conviction rate in violent protest and industrial action 80 69% (5 084) 82% (1 453) 72. 7% (8) Planned Actual Target 2015/16 Achievement 2015/16 90% 89% (403) (359) 68% (5 614) 85% (1 630) 74% 70% (4 978) 82% (1 391) 68% (73) 80

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY Strategic Objective 2: Improved prosecution of cases that require specialised prosecution 1. The methodology of prosecutor-guided investigations enabled the NPA to maintain a high conviction rate of 94% (951) against a target of 93% in all courts. 2. The number of operational sites providing services in line with verification criteria increased from 44 to 55. Objective Indicator Actual Planned Actual Achievement Target Achievement 2014/15 2015/16 1. Conviction rate in complex commercial 94. 3% 94% crime (1 069) (928) (951) 2. Number of operational TCCs 81 44 55 55 81

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 2: Improved prosecution of cases that require specialised prosecution 1. In partnership with the ACTT, the SCCU exceeded the target of 20 by 5 more convictions. The cumulative achievement of this performance is 47 persons convicted since the beginning of the new MTSF 2014– 19. 2. During the year under review, 206 government officials were convicted of corruption, exceeding the target of 91 by 115. . 3. The lower courts excelled by finalising 255 cases with 244 convictions while ensuring quality prosecutions by maintaining a remarkable conviction rate of 96%. Performance Indicator Actual Planned Achievement Target 2014/15 2015/16 Actual Achievement 2015/16 1 Number of persons convicted of corruption or offences related to corruption where the amount benefitted per case is more than R 5 m 23 (23) 20 25 2 Number of government officials convicted of corruption or offences related to corruption 130 91 206 95. 1% (232) 74% (159) 96% (244) 3 Conviction rate in cybercrime prosecution 82 82

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 2: Improved prosecution of cases that require specialised prosecution 4. A total of 6 854 cases reported at TCCs were referred to the court for prosecution. The percentage of cases reported cases decreased from 47% in 2014/15 to 43% during 2015/16. Substantial increase in non-arrest dockets led to non achievement of target. 5. During the year under review, the Unit achieved a conviction rate of 60% (three out of five) on cases prosecuted by the PCLU. Furthermore 54 decisions were finalised and all requests for legal opinions were finalised within 14 days of receiving the request. Fewer cases finalised in which evidence was accepted by the court. Performance Indicator Actual Planned Achievement Target 2014/15 2015/16 4. % of cases reported at a TCC and referred to 47. 3% 51% court for prosecution (6 845) (7 942) 5. Conviction rate in Priority Crime Litigation Unit (PCLU) 83 67% (2/3) 80% (4) Actual Achievement 2015/16 43% (6 854) 60% (3/5) 83

PROGRAMME 3: Ensure that profit is removed from crime Strategic Objective 4: NATIONAL PROSECUTING AUTHORITY 1. The NPA completed 389 forfeiture cases, 31 cases below the target of 420. The non-achievement of the target was due the high number of cases that were protracted and postponed to the new financial year for finalisation. 2. During the year under review, freezing orders to the value of R 778. 9 million were obtained, 22% below the target of R 1 billion. The nonachievement of the target was due to fewer cases of high value that were court ready. Objective Indicator 1. Number of completed forfeiture cases 2. Value of freezing orders 84 Actual Planned Achievement Target 2014/15 2015/16 Actual Achieveme nt 2015/16 463 420 389 R 2 756 million R 1 billion R 778. 9 million 84

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 3: Ensure that profit is removed from crime 1. The NPA continued to implement measures to increase productivity and resolve inhibiting factors with its partners by obtaining 326 orders. This performance exceeded the annual target of 321 by 2% due to more cases that were ready for court. 2. The NPA obtained forfeiture and confiscation orders to the value of R 349. 5 million. The performance exceeded the annual target of R 210 million by 66%. 3. During the year under review, freezing orders of R 238. 6 million were obtained relating to corruption where the amount involved is more than R 5 million, 70% below the target of R 800 million. The decline in performance was also due to one case of very high value being finalised in the previous financial year. Performance Indicator 1. Number of freezing orders 2. Value of completed forfeiture cases 3. Value of freezing orders relating to corruption or offences relating to corruption where the amount benefitted per case is more than 5 million 85 Actual Planned Achievement Target 2014/15 2015/16 342 321 Actual Achievement 2015/16 326 R 1. 940 bn R 210 m R 349. 5 m R 2 235 million (R 3. 701 billion) R 800 million (R 2. 966 billion) R 238. 6 million 85

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 3: Ensure that profit is removed from crime 4. Recoveries in terms of POCA to the value of R 444. 5 million were obtained, significantly exceeding the target of R 150 million by 196%. 5. A success rate of 96% was achieved, exceeding the target of 93% by 3%. This performance also exceeded the performance of last year by 1%. 6. Recoveries of R 154. 8 million were obtained relating to corruption where the amount benefited is more than R 5 million, exceeding the target of R 40 million by 287%. Performance Indicator 4. Value of recoveries in terms of POCA 5. Success rate 6. Value of freezing orders relating to corruption or offences relating to corruption where the amount benefitted per case is more than 5 million(proceeds of crime and government) 86 Actual Planned Achievement Target 2014/15 2015/16 R 1. 658 billion 95. 1% (442/465) R 2 235 million (R 3. 701 billion) Actual Achievement 2015/16 R 150 million R 444. 5 million 93% (367) 96% (393/411) R 800 million R 238. 6 million (R 2. 966 billion) 86

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 3: Ensure that profit is removed from crime 7. Recoveries to the value of R 1. 3 million were made relating to government officials convicted of corruption and related offences, significantly exceeding the target of R 200 000 by 550%. This excellent performance was due to several big recoveries of more than R 500 000 in cases being finalised Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 7. Value of recoveries for government officials convicted of corruption and related offences (proceeds of crime and government) R 11. 1 million R 200 000 (R 300 000) R 1. 3 million (R 12. 4 million) 87 87

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 4: Ensure threatened witnesses and related are successfully protected The Office for the Witness Protection maintained its performance record for the last 14 years in ensuring that no witnesses and related persons were threatened or killed while on the WPP. There is no witness that was harmed or killed during the witness programme. Objective Indicator 1. Number of witnesses and related persons harmed, threatened or killed while on the witness protection programme (WPP) 88 Actual Planned Achievem Target ent 2015/16 2014/15 0 0 Actual Achievem ent 2015/16 0 88

PROGRAMME 4: NATIONAL PROSECUTING AUTHORITY DEPARTMENTAL PERFORMANCE: PROGRAMME 3 Strategic Objective 4: Ensure threatened witnesses and related are successfully protected i. In terms of the Witness Protection Act, witnesses and related persons must voluntarily agree to be admitted into the WPP and sign a protection agreement. ii. Four witnesses, who no longer wanted to be on the programme, left the programme voluntarily and without notice. iii. This is 0. 6% of the total number of witnesses and related persons on the programme, against a target of 1. 5%. Performance Indicator Actual Planned Achievement Target 2014/15 2015/16 1. Percentage of witnesses and related 1. 2% persons that walked off the witness (4) protection programme 89 1. 5% Actual Achievement 2015/16 0. 6% (4/662) 89

DEPARTMENTAL PERFORMANCE: PROGRAMME 3 PROGRAMME PERFORMANCE PROGRAMME 5: AUXILLIARY SERVICES 90 90

PROGRAMME 5: PROGRAMME DEPARTMENTAL PERFORMANCE: AUXILLIARY 3 SERVICES i. The purpose of this Programme is to provide a variety of auxiliary services associated with the Department’s aim and to fund transfer payments to the South African Human Rights Commission, the Office of the Public Protector, Legal Aid South Africa, the Special Investigation Unit, the Represented Political Parties’ Fund. These entities report separately. ii. Within this programme, there is a sub-programme Justice Modernisation which is responsible for the design and implementation of IT infrastructure for integration of business processes within the Criminal Justice System. Strategic objective 18: Establishment of an integrated electronic criminal justice system (CJS) to modernize the management of the criminal justice information 91 91

PROGRAMME 5: PROGRAMME DEPARTMENTAL PERFORMANCE: AUXILLIARY 3 SERVICES Strategic Objective 18: Establishment of an integrated electronic Criminal Justice System to modernise the management of criminal justice information i. The target to have 18 key performance indicators on the integrated CJS by the end of the 2015/16 financial year was not achieved, only 14 key performance indicators were on the integrated CJS. The achievement of the target depended on the linking and integration of DCS and DSD data. ii. Procurement processes are underway to provide business intelligence solution at DCS and similarly DSD is undergoing a process to source skilled resources to assist with their business intelligence requirements. Objective Indicator 18 92 Actual Planned Achievement Target 2014/15 Number of KPIs on the integrated 14 18 criminal justice system Actual Achievement 2015/16 14 92

PROGRAMME 5: PROGRAMME DEPARTMENTAL PERFORMANCE: AUXILLIARY 3 SERVICES Strategic Objective 18: Establishment of an integrated electronic Criminal Justice System to modernise the management of criminal justice information 1. The key deliverables for all the departments that are involved in the IJS project were set by IJS Board. As at the end financial period, the Department planned and completed 50% of ICMS criminal modernization. ICMS Criminal modernization achievements included major enhancement to ICMS, ECMS and CAS, which were deployed to all courts across all nine provinces. 2. 11 329 postponements were conducted via the AVR system. The Department continues to engage stakeholders with the aim of increasing the utilization of the system. Performance Indicator 18. 1 Percentage completion of ICMS Criminal Modernisation 18. 2 Number of criminal cases postponed via the audio visual 93 remand system (AVR) Actual Planned Achievement Target 2014/15 50% 10 019 12 000 Actual Achievement 2015/16 50% 11 329 93

CONCLUSION DEPARTMENTAL PERFORMANCE: PROGRAMME 3 i. Favourable audit outcomes have been upheld in all the funds and except TPF. Significant progress has however been made in addressing TPF challenges with a qualified opinion vs. a disclaimer in 2014/15. ii. Service delivery indicators were largely achieved despite challenges with budget cuts. More effort will be made in measuring impact indicators, which resulted in the drop in performance for the year. iii. In the 2016/17 financial year more emphasis will be placed in the transformational agenda of the Department to ensure that tangible results by 2020. 94 94

2. CONTEXT THANK YOU 95 95