Hon Chairperson, we present to you some of the key issues in the Budgetary Review and Recommendations report of the portfolio committee, especially specific recommendations relating to requests for additional funding for the Medium-Term Expenditure Framework.
The recurring qualified audit opinion relating to the adequacy of the Third Party Funds' financial and control system and to irregular expenditure remains the chief concern of the portfolio committee. This concern has been echoed by the Standing Committee on Public Accounts.
We acknowledge that our concerns are also shared by the director-general, her senior staff and the Ministry. Although there has been progress, the committee will continue to monitor this in its quarterly meetings with the department.
Vacancies in the department and the National Prosecuting Authority remain a key concern. The department has improved its vacancy rate overall in the past years to 9,8%. However, its vacancy rate in critical positions, for example in the chief financial officer's office, which was at 24% at the end of February 2011, and in senior management, is too high, given that the department must address key governance and operational challenges.
The committee is sympathetic to the department's requests for additional funds for the repair and maintenance programme and its provision for persons with disabilities. We have observed first-hand the state of disrepair that prevails at many courts.
We have learnt that in some cases working conditions are so compromised by the state of the buildings that officials are unable to carry out their duties effectively and efficiently. In one case, a magistrate's court building had raw sewage running down the corridors and into court rooms. Although court managers have a role to play in the daily maintenance of courts, it is the Department of Public Works that is directly responsible for the maintenance of these facilities.
It is the committee's strong view that maintenance of courts and facilities might be better achieved were the Department of Justice to assume responsibility for this function. [Applause.] Accordingly, the committee has requested the department to investigate this possibility. We have been informed that this matter is a concern to all departments within the Justice, Crime Prevention and Security, JCPS, cluster, and is being addressed at that level, with a proposal being prepared for submission to Cabinet on how to proceed.
The committee is dismayed that, despite the recommendations of the Criminal Justice Review and the Seven-point Plan, which were intended to address blockages in the system, the IT systems of the JCPS cluster departments continue to operate in silos. The intention of the review and seven-point plan was that these systems be integrated to allow for seamless tracking of offenders as they progress from arrest, to prosecution, to conviction and beyond.
The department concedes that this is a challenge, that sufficient progress has not been made, and that it intends to address the problem. The committee requests that the department provide it with a detailed action plan to address this issue, together with targets and time frames.
Recently, litigation against the state has increased significantly. The committee believes that a framework to manage state litigation, including the use of alternative dispute resolution, is necessary and will assist in keeping costs to the state in check.
The committee also learnt recently that the department has difficulty in collecting monies it disburses on behalf of client departments in legal proceedings. We are extremely concerned at the negative effect this has had on the department's already tight budget and have asked for a full report on this matter.
Moreover, the absence of a specific policy to manage briefing patterns by client departments creates difficulties in ensuring that briefs are assigned to maximise representivity in terms of both race and gender amongst legal practitioners and to encourage the passing of knowledge and skills from senior to junior practitioners.
The committee also takes this opportunity to convey its deepest gratitude to Justice Dunstan Mlambo for his outstanding contribution to the provision of legal aid services while head of Legal Aid South Africa, Lasa. [Applause.] With Judge Mlambo as Chairperson of the board, Lasa has become a centre of excellence. The committee is extremely grateful for his leadership, and his presence will be sorely missed because he is moving on. We wish him well in his future endeavours. I thank you. [Applause.]
There was no debate.
Hon House Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.