Chairperson, Minister, hon members, comrades, friends, ladies and gentlemen, members of the legal family present here today, I would like to start off by saying that I trust that Mr Van der Merwe is speaking with the authority of experience when he says that political parties come and go, but that justice remains. [Laughter.]
I really want to start by stressing that our programmes, as the Department of Justice and Constitutional Development, the institutions that have been created, the legislation that has been promulgated and our judicial system, are all intended to serve the purpose of expanding the frontiers of freedom and the fulfilment of the deepest hopes and aspirations of the people of South Africa.
The challenge for all of us is to make certain that we deliver on the promises contained in our Constitution of building a South Africa that belongs to all who live in it, because this is a national covenant that we have with one another as citizens of this country.
The Constitution establishes certain important institutions designed to provide meaningful support for our constitutional democracy. The institutions listed in Chapter 9 are functionally linked to justice and constitutional development: the Public Protector; the South African Human Rights Commission; and the Commission for Gender Equality. During the past financial year, the department has continued to provide assistance to these institutions in order to ensure their independence and effectiveness. Financial assistance was provided to the Human Rights Commission and the Public Protector in meeting their obligations under the occupational specific dispensation.
In the case of the Commission on Gender Equality, assistance was sought from the department in respect of their financial arrangements. A senior official of the department was seconded to the commission to act as Chief Financial Officer. In this regard, several mechanisms were put in place to address some of the challenges faced by the Commission on Gender Equality, CGE. These include financial policy development and implementation, budget management and financial reporting, human resource issues and the alignment of the programmatic work of the institution. I think we are all aware that there are some significant challenges that remain particularly with regard to the Commission on Gender Equality.
In this regard, we can say that the Chapter 9 institutions always need to be viewed, examined or, if necessary, reviewed within the historical context of the legacy of our oppressive and discriminatory past and as products of our negotiated settlement. In this regard, we look forward to continuing the engagement with Parliament on the review of the Chapter 9 and associated institutions with a view to making concrete recommendations on their effectiveness in a dynamic and evolving constitutional democracy.
We would like to express our appreciation to the commissioners of the South African Human Rights Commission, as well as the Public Protector whose terms are coming to an end. These men and women have laid an excellent foundation for the new commissioners and Public Protector, who will be appointed by the President during this financial year. Three vacancies have also arisen in the Commission on Gender Equality, including that of the chairperson. I am sure that this House will at some stage be called upon to give its input.
I also wish to recognise the work done by the South African Law Reform Commission and the Rules Board for Courts of Law in their respective law reform and rule-making mandates. Members would be interested to know that one of the key projects of the Law Reform Commission relates to the investigation into the compliance and consistency of our legislation with the Constitution. In this process legislation which is not consistent with the Constitution and redundant and obsolete provisions on the statute book are identified and government departments consulted to verify these provisions. To indicate the magnitude of this exercise, which is likely to take some time to complete, more than 3 000 Acts administered by the national departments are being analysed.
One of the significant rules to be finalised by the Rules Board are the rules on the Promotion of Administrative Justice Act, and Promotion of Access to Information Act, which are the cornerstones of transformation and access to justice. The department, in conjunction with the South African Law Reform Commission and the Rules Board, will soon commence with the review of the civil justice system to establish an accessible and transformed civil justice system.
As part of our programme to enhance access to quality, affordable, prompt, efficient and effective justice, we will continue to strengthen the capacity in our small claims courts. The improvement of the functioning of the small claims courts is, therefore, one of our key priority areas. The small claims courts constitute an inexpensive tool that was created to settle minor civil disputes, currently for claims under R7 000, in an informal manner. We currently have 188 small claims courts established, and it is our intention to gradually roll it out to cover all the magisterial districts. In this regard, we would like to extend our sincere appreciation to the legal practitioners who serve as commissioners for small claims courts for their invaluable service, as they provide their services after hours, on a voluntary basis, and without remuneration.
The department, in partnership with representatives of the legal fraternity and the Swiss Agency for Development and Co-operation, and with a view to further strengthen the capacity in our courts, is in the process of finalising manuals for commissioners of small claims courts and for court officials, which will be followed by training programmes in conjunction with the Justice College.
Another very important area of the civil law that is enjoying attention is that of the masters' offices. Masters' offices play an extremely important role in the social and economic lives of our people and it is, therefore, crucial that we ensure that they are accessible and efficient, so that those who are entitled to this service receive it without undue delays.
In this regard, we are pleased to announce that the management and administration of the Guardian's Fund has been automated and the erstwhile manual system is in the final stages of being phased out. The master's office in Pretoria, was the last office to be automated. The computerisation of the administration of the Guardian's Fund will allow for more accurate reporting on activities of the fund at the push of a button. Of great importance, is that it will also reduce the opportunity to manipulate the system for purposes of committing fraud and corruption.
As part of the rightsizing project initiated a few years ago in order to increase capacity, 600 new posts were created and filled nationally in the last two years. Many of these were filled during the course of the year under review. There are, however, still numerous vacancies which must and will be filled in so far as the budget allows.
We also hope to have finalised a legislative framework relating to some of the services which are rendered by the masters of the High Courts. One of the medium to long-term projects of the masters' courts is the roll-out of the Guardian's Fund services to all 14 of the master's offices. Johannesburg, Durban and Mafikeng are being targeted for roll-out this year. Another long-term project is the establishment of a masters' office in Mpumalanga. Mpumalanga is the only province that does not yet have its own master's office. The Minister has already referred to the construction of the High Court in that province.
During the periods under review, the Legal Aid Board extended its national footprint by three new justice centres, in Botshabelo, Bellville and Soshanguve, to 62 justice centres countrywide and by eight satellite offices, mostly in rural areas, to 55 satellite offices.
Although it is clear that there is a great demand for civil legal aid centres in our communities, the limited capacity to render civil legal aid work remains one of our greatest challenges. For example, only 7% of new matters taken on by the Legal Aid Board during this period were civil matters and the rest were criminal matters. This relates to one of the issues raised by the hon Jeffery and it is certainly something that we would take up.
Another very important matter is that of the sheriffs' profession. This is an area that we often neglect when we talk about the transformation of the judiciary and the question of access to justice. Under apartheid, sheriffs were tasked with carrying out many of the bad things that emanated from our courts. Under democracy, gradually the sheriffs' profession is shedding that image. There is still a long way to go, especially in terms of the way that that profession is structured, how the services are spread out throughout the country and its demographic composition.
During the current year, 96 vacant posts have been advertised and this will provide us with an opportunity to rectify some of the historic imbalances in that profession that have resulted in the concentration of white sheriffs in affluent cities in the suburbs and black sheriffs in the underdeveloped remote rural areas. What is also significant is the finalisation and publication of rules for courts that allow for promoting a competitive profession. These rules enable the Minister to appoint, in deserving areas, two or more sheriffs. We hope that this exercise will result in an opportunity for the creation of additional posts which will be filled by candidates whose appointments will advance transformation, and secondly, that competition will enhance efficiency and accountability.
What also needs to be investigated is the subdivision of large areas in the metropolitan magisterial districts into smaller, more effective and manageable offices, where a number of sheriffs will be appointed to ensure an equitable distribution of work. The legal requirement, introduced into law, that sheriffs must attend a compulsory training course, will bring enhanced efficiency and ensure compliance and respect for constitutional values to a profession characterised by past abuse and disrespect of civil liberties and human rights.
Another big challenge facing service of court processes relates to the economic nonviability of some of the areas, mainly rural villages and former black townships, which do not attract suitable applicants who are interested in being appointed as sheriffs. This limits access to justice for the communities living in these areas. The department, in conjunction with the Board for Sheriffs, is considering appropriate measures, including the possibility of designation for registrars and clerks of courts to serve court processes in certain designated areas to provide services to marginalised communities.
I wish to thank the Chairperson of the Board for Sheriffs, Judge Nathan Erasmus, and his fellow board members for their contribution to the transformation of the sector.
Significant strides have been made in developing legislation in respect of a number of important areas, including the protection of vulnerable groups, in particular, women and children. The department, as the Minister has already mentioned, intends finalising important outstanding pieces of legislation this year, among others the Traditional Courts Bill.
In conclusion, I would like to thank the Minister for his comradeship, leadership and guidance. I would also like to associate myself with the Minister in thanking the chairperson and the members of the portfolio committee for their role in finalising our budget. We look forward to strengthening our relationship with the committee. I would also like to thank the director-general and the staff of the department, as well as previous Ministers and Deputy Ministers. With that, I urge this House to support wholeheartedly the Budget of the Department of Justice and Constitutional Development. I thank you.