The Achievements of the Criminal Justice System Review

[Last Updated : 29 April 2010]

Update on the Progress of the Criminal Justice System Review as at the end of April 2010 -

CJS Review Background

Following an extensive review into the CJS by a workgroup of senior departmental representatives supported by specialist skills from business, recommendations were made to Cabinet, which then approved the Seven-Point-Plan.

Implementation of the Seven-Point-Plan is managed and funded by Government and supported by personnel seconded from business and BACSA and consists of a complete package of interventions.

The focus of the CJS Review remains the complete overhaul of the Criminal Justice System (CJS) through continuous modernisation and other cross-cutting cluster short- and medium-term interventions with the goal of transforming it into an integrated, efficient and seamless system that will serve as an effective deterrent to crime.

This work is continuing and includes the institutionalisation of the establishment of sound governance through the continued development of protocols, joint business and operational plans and improved co-ordinating mechanisms.

The programmes are being managed and coordinated by the relevant stakeholders. Targets and milestones are being included in strategic frameworks as well as overall governmental performance management systems.

Progress in relation to this initiative is ongoing:

Change 1 - A CJS Vision, Mission and Objectives Statement was promoted within the JCPS Cluster and approved by the JCPS DGs and Ministers.

Change 2 - The alignment of the CJS through new coordinating and management structures is receiving attention and the OCJSR continues to operate as the transversal coordinating mechanism for the CJS Review under the guidance of the DG and ultimately the Minister of Justice and Constitutional Development. The current JCPS Structures are fully engaged in order to optimise co-ordination at all levels, including Provincial and Local.

Change 3 - The Criminal Law (Forensic Procedures) Amendment Bill, 2009 (Bill 2 of 2009), was introduced into Parliament on 13 January 2009. The Bill deals amongst others with DNA, Fingerprinting and Biometric issues (including the sharing of “person information” across Government Departmental boundaries). This is receiving the priority attention of Parliament at present.

· Other work in relation to the drafting of several protocols, including a bail protocol, has been ongoing. Work co-ordinated by the OCJSR has assisted to expedite long outstanding cases. As a result of this, children awaiting trial have been reduced to less than 700 countrywide.

· The Case Backlog Reduction Project, aimed at reducing the backlog cases in the Regional Courts, is continuing and has led to continuous decrease in the number of backlog cases at all of the 45 regional backlog priority sites. In total, 18 271 cases have been removed from court rolls between November 2006 till the end of December 2009.

Change 4 - Whilst the focus of the CJS Review has initially been on improving the front end processes of the CJS (that is those relating to the police and courts) more attention will henceforth be given to other CJS processes, such as:

Improving the processes relating to parole (with greater participation by role-players such as the DOJCD / NPA and Police), and

Improving offender rehabilitation in conjunction with civil society.

Operational efficiencies are enhanced by the provision of step-by-step field guides and manuals, covering comprehensively the entire criminal justice process from complaint to the finalisation stages. At present, a Crime Scene Management and Investigation Manual and a Protocol are being drafted in conjunction with the Detective Services of SAPS and the NPA.

To improve the management of Remand Detainees, an Intersectoral Task Team, at DDG level, has been appointed to fast track the establishment of a Remand Detainee Branch within DCS. Other highlights include Occupation Specific Dispensations to retain skilled persons in the DOJCD / the NPA / LASA and Correctional Services.

Change 5 – The development of a CJS Business Information System (CJS BIS) has commenced. It is being managed by the IJS Board under the Development Committee as part of a greater portfolio of ICT Programmes and Projects aimed at integration and modernisation of the JCPS IT Systems. A phased implementation approach is being followed. Good progress is being made.

Change 6 – the application of technology solutions is ongoing:

Within the DoJ & CD / DCS - As at 31 December 2009, the video postponement solution has been implemented at the identified 45 magistrate courts, but only 2 Correctional Facilities. The roll-out of the solution to 47 Magistrate Courts and 22 Correctional facilities is planned for the current financial year.

Within the DoJ&CD / NPA / LASA/ SAPS - An ECMS (Electronic Case Management System) was developed to assist with case information aspects.

· As well, electronic aspects relating to the Child Protection Register were completed and roll-out is under way.

· Integration of the SAPS Crime Administration System (CAS) with the DOJCD Integrated Case Management System (ICMS) is underway.

· Integration between SAPS CAS and Legal Aid SA (LASA) systems to notify LASA immediately of requests for legal aid by persons arrested is similarly underway with pilot testing and roll-out thereafter.

Within the SAPS – The E-Docket solution is being implemented at 244 police stations and roll-out is continuing.

· As well, the IT network infrastructure is receiving attention and the Detention Management System tender to manage detainees is being republished.

· Collaboration between the AFIS / HANIS / NATIS Fingerprint Systems are receiving attention

Within the DCS – The development of a Remand Detention System (RDOMS) solution and the Interface between RDOMS and SAPS custodians of Remand Detainees is underway. It is anticipated that the development of the system will commence in the current financial year.

Change 7 - The development of a CSF policy has been reprioritised at a strategic level to focus on a much broader Partnerships Policy.

It should be borne in mind that many of the Review outcomes can only be dealt with over a period of time and has cross-cutting implications that need to be considered in terms of aligned budgets and strategic planning processes.

Update on the Progress of the Criminal Justice System Review as at end September 2009

CJS Review Background

Presidential Directive 2009:

Speaking on the occasion of the State of the Nation Address on 3 June 2009, the Honourable President, Mr. Jacob Zuma said in this regard:

“Together we must do more to fight crime. Our aim is to establish a transformed, integrated, modernised, properly-resourced and well-managed criminal justice system. It is also critically important to improve the efficiency of the courts and the performance of prosecutors and to enhance detective, forensic and intelligence services. This work has started in earnest, and it will be undertaken with new energy and vigour. Among the immediate targets is to ensure that we increase the number of prosecutors and Legal Aid Board personnel. We will do the same with police detectives.”

The Criminal Justice System (CJS) is a complex amalgamation of institutions, each operating within its own set of legal frameworks, objectives and guidelines. In addition, some of the participating departments also have to deliver on mandates outside of the CJS domain, such as visible policing and crime prevention in SAPS and the civil components of Justice and the Judiciary. The different component parts of the departments, as is the case in most organisations, of necessity compete for scarce resources and the impact of departmental decisions on the performance of the overall CJS is hardly ever considered when strategic calls of this nature are made.

Following an extensive review into the CJS by a workgroup of senior departmental representatives, recommendations were made to Cabinet, which then approved the Seven-Point-Plan.

A number of very important and ground breaking projects and programmes have been launched by the interim Office for Criminal Justice Systems Review (OCJSR) that has been functioning since June 2008. This work is being continued under the guidance of the Minister of Justice and Constitutional Development, with the active support of the Director General of Justice and Constitutional Development.

The programmes are being managed and coordinated by the relevant stakeholders and targets and milestones have been included in the Medium Term Strategic Framework as well as the performance management system of the Presidency.

1 CJS Measurement Considerations

1.1 Overall Management Strategy

Performance measurement is not an end in itself and there are no single magical indicators. What is required is an overall management strategy that binds the different stakeholders together and that is supported by measurements that are used for evaluation, monitoring and reporting and budgeting purposes as well as for motivation, learning and improvement of the CJS as a whole. A well considered approach, where measures have been specifically chosen for the impact they will have on the success of chosen strategies, is the preferred approach.

1.2 Coherent and Seamless System

Effective functioning of the CJS is only possible if it operates as a coherent and seamless system with congruent objectives and performance measurements. This will require targets and measurements across the entire CJS value chain that cover operational efficiencies within the individual component parts of the CJS as well as the effectiveness and efficiency of the hand-off and cooperative processes between the different role players. The accuracy and speed of execution within and between component parts is what has to be measured, managed and continuously improved.

1.3 The Role of CJS Information Technology

The JCPS cluster is the sponsor the cluster-wide technology systems development capability through the Integrated Justice System (IJS) Board. This IJS Board has embarked upon several programmes with the collective strategic goal of achieving greater efficiencies across the value chain. The programmes are not dealt with here in detail, but they are underpinned by a three prong strategy to:

– Enable (departmental CJS business process segments);

– Integrate (electronically connect the enabled CJS business processes between the departments); and

– Instrument (introduce the real-time capture of the key business that will enable accurate and near immediate management information).

2 Current Focus of CJS Activities

The CJSR remains one of the most important national priorities. It is now fully integrated within the JCPS cluster activities and its essential elements are reflected in the Government’s Medium Term Strategic Framework (MTSF) and Programme of Action (POA)

The OCJSR current focus is on the following interventions:

Coordinating and Management Structure:

– Developing a proposal for a new CJS Coordinating and Management Structure, this includes the drafting of CJS Mission, Vision and new Performance Measurement System. This should be linked with the Monitoring and Evaluation Unit within the Presidency.

Protocols

– The drafting of four protocols to assist with improving the criminal justice system, i.e. screening mechanisms of the trial readiness of cases, improvement of pre-trial readiness of cases, procedures to be followed utilising the forensic chemistry laboratories and possible changes to be made to improve bail in practice. Furthermore the OCJSR is also monitoring the implementation of the bail protocol in conjunction with DCS.

Manuals

– Assistance with the drafting of Crime Scene Manuals (step-by-step field guide) to improve operational efficiencies.

Legislation

– In the process of reviewing and removing inhibiting legislation and identification of new (enabling) legislation that may be required is receiving attention, the following bills have been identified for promotion / further investigation during 2009, namely:

– The Criminal Law (Forensic Procedures) Amendment Bill, 2009 (Bill 2 of 2009), to strengthen the criminal forensic investigation powers of the police by broadening the fingerprint database of the police and by establishing a DNA database, and

– Bills amending Sections of the Criminal Procedures Act, 1977 (Act No 51 of 1977) to streamline the criminal justice process addressing four issues, of which Trial in Absentia and Right to Silence are two.

– Assistance is also provided in the development of regulations to implement legislation already passed, i.e. Regulations to for the Admission of Guilt for minor offences legislation.

Court Efficiency:

– Various projects focusing on a steady and continuous decrease in the number of backlog cases nationally are being addressed, i.e. Case Backlog Reduction Project, also dealing with Xenophobia Cases and Election Related Cases. The Management of Awaiting Trial Detainees (MATD) is also closely linked to facilitate the speedier removal of ATDs out of the CJS.

Component Parts:

– Identify key areas within the component parts of the CJS that contribute negatively to the overall systems performance and put measures in place to correct shortcomings and remove constraints, inhibitors and dependencies, especially relating to policies dealing with capacity, and bring all component parts to a point where they function together harmoniously. Processes, volumes, capacities, data and systems are being analysed to design a properly resourced (capacity, skills, tools etc.) and new streamlined CJS. It will include more efficient staff retention and performance management strategies and policies. Progress has also been made relating to Human Resources / and OSDs in scarce resourced and specialised areas.

IT / Modernisation:

– Establish an integrated and seamless National CJS Information System (IT Infrastructure and national database) with information and systems that are seamless and scientifically and technically robust and reliable, and that will facilitate more informed strategies, plans and decision making.

– Implement a programme of modernisation of the CJS through applying technology solutions to more effectively manage day-to-day operations, reduce costs and eliminating waste and automating paper intensive systems.

Update on Progress of the CJS as at March 2009 ....

The Seven-Point Plan

Cabinet has approved the Seven-Point plan aimed at improving the effectiveness and efficiency of the Criminal Justice System (CJS) such that it acts as an effective deterrent to crime.

The Deputy Minister of the Department of Justice and Constitutional Development (DoJ and CD), Advocate Johnny de Lange, was appointed as champion to drive and co-ordinate the implementation of this initiative from May 2008 onwards. The programme has since then been ratified by the new Cabinet on several occasions and is now firmly entrenched as one of South Africa’s single most important national priorities. The enhancement of the CJS is an accepted core action of Government and as such is receiving high visibility throughout Government and the media.

The 2009 State of the Nation Address, as well as the Budget Speech allocations announced 11 February 2009 assist to confirm Government’s ongoing commitment to the aims and objectives of the Criminal Justice System Review.

BACSA has commended Government for ensuring that this initiative is supported through active leadership and championship, as well as the appropriate budgetary and human resource allocations which will ensure that it is a success.

BACSA continues to provide support to Government for the implementation and co-ordination of planned actions though this work is now fully owned and driven by Government.

The Office of Criminal Justice Systems Reform (OCJSR)

The Office of Criminal Justice Systems Reform (OCJSR) has been established with an interim Secretariat staffed by senior Government representatives and supported by Willie Scholtz, who has been seconded by Nedbank, and other full-time professionals who have been made available by BACSA. Several task teams have been functioning under the guidance and support of the OCJSR with the objective of developing solutions established to develop and to implement approved solutions.

Cabinet-Approved Areas of Focus in the Short-Term – Laying the Foundations for an Improved CJS

In December 2008, the Cabinet approved major initiatives that further the CJS Review. These were developed by the OCJSR, and include:

• The Criminal Law (Forensic Procedures) Amendment Bill, 2 of 2009 that was approved by Cabinet on 3 December 2008 and introduced into Parliament on 13 January 2009. The Bill deals with DNA, Fingerprinting and Biometric issues (including the sharing of “person information” across Government departmental boundaries).

BACSA recently made a submission in the Parliamentary hearings on the Bill recommending its adoption and promoting the value of a DNA database as a valuable resource for linking perpetrators to crimes, etc. The construction of the DNA database will assist to launch crime investigations into the 21^st century and form the basis for an intelligence-led approach to crime detection and reduction in the country.

• An integrated, seamless and national CJS Business Information System (Phase 1) that is reliable and scientifically and technically robust to facilitate more informed CJS strategies, plans, decision-making and the more effective management of day-to-day operations resulting in better efficiencies, the elimination of wastage and decreased opportunities for corruption. The existing departmental IT systems, databases and Integrated Justice System (IJS) cross-cutting interventions will be refined, adapted and complemented to form the core of the proposed system. A comprehensive project plan has been developed and all departments are giving priority to the task.

A few of the multiple other initiatives that have been launched are briefly summarised below:

• An Interim OCJSR National Operations Centre (OCJSRNOC) has been established. It includes the concept of a “War Room” that will be deployed in the case of specific interventions.
• A national CJS Footprint Programme has been launched that is aimed at aligning disparate and “department-specific” jurisdictional boundaries that cause overlaps, confusion and inefficiencies.

In addition to what is presently serving in Parliament, the drafting of various pieces of legislation are being processed to remove inhibiting factors and enable a more balanced CJS.

1. Trial in Absentia (draft legislation has been prepared for consultation purposes);

2. The Right to remain silent (research will be undertaken and the possibility of draft legislation will be investigated); and

3. Docket Information Privilege (research will be undertaken and the possibility of draft legislation will be investigated specifically to regulate what can be handed over to the legal representatives for the defence).

• A technical study is underway to determine how best to enable access to and connectivity between the major Government-owned and managed fingerprint data bases, which include SAPS, HANIS (Home Affairs) and eNATIS (Department of Transport – Drivers’ Licences).
• Detailed audits and analyses are being performed on the remuneration structures of CJS employees in specialist careers such as SAPS Investigation, Crime Scene Specialists, Forensic Experts, Fingerprint Experts and Social Workers (Prison and Community Corrections).
• A Court Protocol has been finalised and will shortly be taken to Cabinet for consideration. The Protocol focuses on the procedure to be followed in the case of criminal matters to be heard in regional courts. It deals with screening mechanisms regarding trial-ready matters through 10 top detectives and 10 top prosecutors placed at the 10 Regional Court Presidents seats; LAB courts and continuous rolls; subpoenas only when cases are certified trial-ready. Legislation introduced during 2008 pertaining to the Admission of Guilt for minor offences will be aligned to these procedures.
• A Bail Protocol on the procedure to be followed in applying Section 63A of the Criminal Procedure Act, 1977, was approved and adopted by Cabinet on 3 December 2008. The signing of the Bail Protocol by the relevant parties is imminent.
• A Forensic Services Protocol setting out the procedures pertaining to the collection, transport and hand-over, analysis and reporting of blood and toxicology samples as well as turn-around times is receiving attention in conjunction with the Department of Health and the SAPS.
• A Crime Scene Management and Investigation Manual and Protocol is being drafted.
• A Protocol following a study on deficiencies in the investigation and prosecution of rape cases is being drafted in conjunction with relevant role-players.
• A Legal Profession Protocol relating to the delays caused by double-booking, misconduct, unethical conduct by private practitioners is receiving attention in conjunction with the organised legal profession.
• In addition to the research processes and interaction with relevant role-players and civil society in this regard, the CJSR content and process has been communicated to, amongst others, members of Parliament, the Judiciary, Heads of Departments, Senior Officials, CJS structures such as the Development Committee, JOINTS, IJS Board, the Legal Profession, BACSA and the provincial structures. Individual provincial presentations and consultations with the Heads of Court are currently receiving attention.
• Joint Parliamentary Committees have been held with various public hearings taking place in all the provinces thereby giving further visibility and legitimacy to the programme.