Madam Chair, Ministers, Deputy Ministers, members of this House, Justice Yacoob, acting Deputy Chief Justice and esteemed members of the judiciary, including the president of the Supreme Court of Appeal, heads of the constitutional commissions and statutory institutions, heads of professional law bodies, distinguished guests, comrades and friends, ladies and gentlemen, it is an honour and privilege to present the budget of the Department of Justice and Constitutional Development to this House and to South Africans at large. As members are aware, the Vote includes budget allocations earmarked for constitutional and statutory institutions that are part of the extended justice family. This year marks the 15th anniversary of the Constitution, which President Nelson Mandela signed into law on 4 February 1997. This Constitution remains our foremost guiding torch. It lights our nation's long and difficult walk from the legacy of colonialism and apartheid, which was characterised by inequality and injustice, to a future founded on equality, human rights and social justice.
I will now focus on the business of the department, which is mainly about providing a conducive and enabling environment for the proper administration of justice in our country.
I would like to thank hon members of this House, academics, public opinion makers, scholars, jurists and all other commentators who took part in the dialogue that ensued after the release of the discussion document on the transformation of the judicial system and the role of the judiciary in a South African developmental state. I would also like to convey my profound appreciation to the media for creating space, through various avenues, for the continuous dialogue on the principles discussed in the document.
The comments we have received thus far are intriguing and provide balanced perspectives on topical subjects, such as the doctrine of the separation of powers and the institutional arrangements geared to safeguard the rule of law and the independence of the judiciary, which are the bedrock of our constitutional democracy. Some of the comments not only attest to the equal status of the three arms of the state, but also to how they are glued together by our democratic Constitution. This is also the view that was eloquently reiterated by the former Chief Justice, Sandile Ngcobo, when he delivered a keynote address during the Chief Albert Luthuli Memorial Lecture early this year:
Each arm of the government must observe the constitutional limits on its own power and authority. There is no branch that is superior to the others in its service of the constitutional mission of the Republic.
We note that some commentators have lamented the terms of reference we announced subsequent to the release of the document calling for the review of the court decisions, while commentary that made the headlines of a leading newspaper this past Sunday - and which was attributed to the Deputy Chief Justice - blames policies of this government for the increasing poverty and inequality. Let me categorically make it clear that we neither sought, nor have the competency, to review court decisions. Our assessment is aimed at maximising our concerted efforts, as branches of the state, to rid this country of its ugly past and to use our evolving jurisprudence as a navigational guide towards the ideal society envisaged by the Constitution. The views expressed in the newspaper article concerned misrepresent the progressive laws, policies and decisions of government that have cumulatively contributed to the reconstruction of society and the improvement of the quality of life of many of South Africa's people.
The provision of houses, access to health care, electricity, water, greater enrolment in basic and higher education, various other social security measures such as the child grants, legal aid for the indigent and the massive investment in infrastructure - which has been intensified, following the announcement made by the President - all bear testament to the strides that our government continues to make towards the establishment of an equal and prosperous society envisaged by the Constitution.
Key among the initiatives aimed at enhancing the administration of justice is the framework on the transformation of state legal services, which I will release on Monday next week. We aim to revolutionise the public legal sector to be able to provide legal services that are of the highest standard, protect and safeguard the interest of the state and advance access to justice for all our people.
The envisaged reforms are aimed at addressing some of the shortcomings in the current system that result in government losing court cases it ought not to have lost, or embarking on ill-fated litigation where it ought to have considered alternative forms of redress to litigation, which results in huge costs to the fiscus.
The intended reforms are also aimed at broadening the pool of legal practitioners who are briefed by the state to ensure that in itself it reflects a fair representation of black and women practitioners consistent with the race and gender demographics of South African society.
The scarcity of black and women practitioners in the pool of practitioners who continue to dominate constitutional and other high-profile litigations has a consequential effect on the slow pace of transformation of the judiciary, because this profession is the main feeder to the judiciary.
The Justice, Crime Prevention and Security, or JCPS, cluster has made strides regarding the integration of information and communications technology systems, enabling an electronic flow of information between the Police, the National Prosecuting Authority and the Department of Justice and Constitutional Development. The ICT integration is being extended to other JCPS cluster departments.
In line with the delivery agreement that my colleagues in the cluster and I have signed with the President, we continue to strengthen the integration of the programmes of law enforcement agencies, with a view to maximising our fight against crime and corruption.
In view of the ongoing court action regarding the appointment of Adv Simelane, the appointment of Adv Jiba as acting National Director of Public Prosecutions has stabilised the leadership and management of the National Prosecution Authority.
The Asset Forfeiture Unit continues with its ruthless approach to crime and corruption that deprives the majority of our people of the enjoyment of the fruits of democracy. A total of 150 officials were convicted of corruption in the past year. The conviction rate on the corruption cases stood at 73%. The value of assets seized by the AFU during the past financial year is R533,4 million and the total assets confiscated over the past 13 years is nearing R5 billion. About R150 million recovered by the AFU has been allocated from the Criminal Assets Recovery Account, known as Cara, to build capacity in the Anticorruption Task Team to intensify its investigative capacity.
During the 2011-12 financial year, courts finalised 216 cases of cybercrime, with a conviction rate of 87,5%. Similarly, the Special Investigating Unit is making strides in the investigation of serious incidents of corruption arising from the numerous proclamations promulgated by President Zuma in 2011 alone.
Further proclamations of large-scale investigations included that of alleged irregularities in the fishing industry, which Minister Joemat- Pettersson announced when she tabled her Budget Vote recently.
Key to the work of the JCPS cluster is the finalisation rate of cases that are brought before the courts. The performance of our courts is measured in terms of time, cost and quality, namely, the time within which cases are processed through each stage of the proceedings, from beginning to end. The statistics of cases finalised by the lower courts in the 2011-12 financial year show a decline when compared to the outputs realised in the previous financial year. The number of criminal court cases finalised by all courts during 2011-12, namely 448 760, is slightly down from 460 791 in the 2010- 11 financial year. However, the average conviction rate in our courts for the past financial year remains high and has increased from 88,3% in 2010 to 88,8% in the past financial year.
The judicial practice directives, which were developed by the judiciary pursuant to the resolutions of the successful Access to Justice Conference held last year, will go a long way in addressing the case-flow management challenges and ensuring that judges take charge of their courts. This will reduce the unnecessary postponement of cases and reserved judgments, some of which take years to be delivered.
Similarly, the court-based mediation rules, which I received from the Rules Board for Courts of Law this week, will reduce the time and cost of litigation immensely and thereby enhance access to justice. I will announce the date of the implementation of these rules on a pilot basis after I have engaged with the Chief Justice and heads of court in this regard.
One aspect that continues to rear its ugly head is the scourge of rape and other forms of sexual offences which have shown an upswing in recent times. I will soon be convening a multidisciplinary task team of the JCPS cluster departments to conduct an urgent investigation for purposes of the re- establishment of sexual offences courts, which proved to be successful in the past. The task team will investigate the steps that ought to be taken to ensure that sexual offences courts benefit all communities across our land and not only selected areas, as was the position regarding the 62 sexual offences courts that were piloted during 2007-08 financial year. This task team will submit its report and recommendations by the end of August this year to guide the cluster on how to tackle these horrendous crimes.
While on this matter, I studied the judgment delivered last Friday, 11 May 2012, by the Western Cape High Court, when it found that certain sections of the Sexual Offences Act did not prescribe sanctions for certain offences prescribed by the Act, and the consequences that may arise from this judgment. We are considering appealing the decision to the Supreme Court of Appeal to seek clarity, as we urgently need to address this matter and manage the potential repercussions that could result from this judgment, where persons who have been convicted and are serving sentences could approach the courts to squash their conviction and sentence. I am grateful for the proactive measures that the Portfolio Committee on Justice is considering to address this urgent matter.
We are also taking strong measures to deal with the interests of the lesbian, gay, bisexual, transsexual and intrasexual, or LGBTI, community, with a view to eliminating sexual offences perpetrated as a result of sexual orientation. I must laud the communities of Cape Town for being in the frontline against this scourge, and I wish to encourage all communities in our country to report cases of homophobic hatred and rape to law enforcement agencies. Both must be rooted out from the social fabric of South African society. [Applause.]
Despite the challenges I have mentioned above, our cluster is dealing decisively with all issues. The milestones the JCPS cluster has achieved in preserving a safe and secure environment, in line with our goal of ensuring that all South Africans are and feel safe, continue to put our country on the world map as a secure destination of choice.
I wish to express my gratitude to the Portfolio Committee on Justice for paying visits to the Supreme Court of Appeal and the Constitutional Court, and engaging with the judges of these courts to glean their views on the provisions of the Constitution Seventeenth Amendment Bill and the Superior Courts Bill. We are moving steadfastly in creating the necessary infrastructure in anticipation of the enactment of these important Bills.
The conversions under way at the interim accommodation for the Mpumalanga High Court will be completed by July this year, while the completion of the construction of the High Court in Limpopo is envisaged by March 2013. The enactment of the eagerly awaited Superior Courts Act will therefore bring an end to the hardships endured by the communities of these provinces, who have to travel to the distant High Court in Pretoria to seek justice, at high cost and intolerable inconvenience. [Applause.]
Other courts that we have completed and are earmarked to be opened this year include the Ashton Magistrate's Court, which I opened on Tuesday this week, Ntuzuma Magistrate's Court in KwaZulu-Natal, and Tsakane and Palm Ridge Magistrate's Courts in Gauteng. The Palm Ridge Magistrate's Court will be proclaimed a circuit court of the South Gauteng High Court, the seat of the Gauteng Regional Division, and the local district court.
Six branch courts, namely Atteridgeville, Tsakane and Sebokeng in Gauteng, Secunda in Mpumalanga and Orkney and Stilfontein in the North West, will be proclaimed full-service courts by the end of this year.
I am also pleased to announce that the long-awaited Legal Practice Bill has finally been certified by the Chief State Law Adviser.
The Judicial Service Commission continues to make progress in the transformation of the judiciary. Of 243 judges, 25 are women, while blacks are just above the 50% mark. Recently some people expressed the view that the JSC tended to overlook quality and competence and that its decisions were influenced by political agendas. These sentiments are devoid of any truth and undermine the integrity of the JSC's esteemed members, the majority of whom are derived from all three branches of state. The intense and robust debate by members of the commission and the manner in which it arrives at its decisions are reflective of our evolving democracy, which we must all accept. [Applause.]
To implement our programmes, a total budget of R15,4 billion has been allocated to the department for the 2012-13 financial year. This is more than R600 million less than the previous year. Of this budget allocation, R5,2 billion is allocated to court services, R2,8 billion is for the NPA and R1,8 billion for public entities and Chapter 9 institutions. Growth in 2012-13 is driven by increased provision for the appointment of judges and magistrates, the carry-through cost of salary increases, planned IT upgrades and funding for the building of the two high courts that I have mentioned.
In 2012-13 the department envisages that it will spend R2 billion on public prosecutions, R158 million on witness protection, R130 million on asset forfeiture, R307 million on the SIU and R1,2 billion on Legal Aid SA. In support of constitutional institutions, the department will transfer R101 million to the Human Rights Commission and R174 million to the Public Protector.
Over the next three years, the department will spend R3,3 billion on the construction of courts and other infrastructure projects to enhance access to justice. A further R92 million will be spent on day-to-day maintenance and R279 million will be spent on the rehabilitation of court facilities over the next three years.
I also want to assure this House that we remain on course to achieve an unqualified audit report at the end of this financial year. [Applause.] We are indebted to the guidance and assistance of the Auditor-General, the Standing Committee on Public Accounts and our own Portfolio Committee on Justice.
In concluding, allow me also to thank Chief Justice Mogoeng and the entire leadership of the judiciary for their sterling leadership. I also thank the distinguished members of the judiciary for serving the cause of justice in our country. I thank my Deputy Minister, Mr Andries Nel, for his comradeship and unwavering support in leading the programmes in the administration of the justice portfolio. I also thank my colleagues in the JCPS cluster, as well as the chairperson of the portfolio committee, Mr Landers, and his fellow members of the Portfolio Committee on Justice for their guidance. My gratitude also goes to heads and chairpersons of statutory bodies, distinguished members of the legal profession and all our social partners.
A special word of thanks goes to the director-general, Ms Nonkululeko Sindane, the acting secretary in the Office of the Chief Justice, Dr Khotso de Wee, their respective management teams and the entire staff in the justice family for their tireless efforts.
Lastly and most importantly, I would like to thank my beautiful wife Bridgette, who is here, and my family. You are my source of strength through the many challenges I encounter in the execution of my duties and responsibilities. I have stayed within my 20 minutes, so I will say thank you. [Applause.]