Parliament, Thursday, 7 November 2024 – The Select Committee on Security and Justice yesterday received a briefing on the audit outcomes for the Department of Justice and Constitutional Development (DOJ&CD), noting concerns regarding court backlogs, lack of monitoring at the Masters Office, access to justice, infrastructure concerns and the filling of vacancies.
At the commencement of the meeting, Committee Chairperson Ms Jane Mananiso commended the Minister of DOJ&CD for the Memorandum of Understanding that was recently signed on the payment of child maintenance. “This is indeed a step in the right direction. We must applaud it,” she said.
The Auditor-General of South Africa (AGSA) briefed the committee on the 2023/24 audit outcomes of the DOJ&CD. The committee also received a briefing from the DOJ&CD, the National Prosecuting Authority (NPA) and the Special Investigating Unit (SIU) on the 2024/25 annual performance plan and budget, as well as its performance information for the 2023/24 annual report.
The AGSA found that as of 31 March 2024 there were 37 497 backlog cases, increasing to 37 838 by 30 June 2024. The AG stated that managing these cases is challenging due to insufficient data, and while backlog cases are documented, confirming the completeness of the data is difficult. This is due to the lack of an integrated system within the criminal justice system to track a case from registration with the South African Police Service through to judgment, incarceration and eventual reintegration into society. The predominant contributors to this backlog are cases originating from the Western Cape and Gauteng.
The AGSA further found that the DOJ&CD managed to achieve 81% of its targets for 2023/24, the NPA achieved 80% and the SIU achieved 95% of its targets. It stated that in terms of the DOJ&CD, failing to meet targets delays justice and leaves children’s maintenance needs unmet. Furthermore, not issuing protection orders timeously exacerbates the issues of gender-based violence.
Regarding control weaknesses at the Masters’ Office, the committee heard that the lack of/ineffective application of preventative controls and control weaknesses or control defiance increases the risk of fraud. The AGSA recommended that management consider all the control weaknesses identified in relation to the fraud risks and develop a response for each to improve the control environment. These responses should consist of preventative and detective controls and should be implemented to address the control weaknesses.
Infrastructure challenges at court building were also noted.
The committee was further informed that key performance indicators related to service delivery, such as the enrolment of cases involving state capture and the value of assets recovered or frozen in corruption cases, were not successfully met. This could be attributed to the Investigative Directorate and the Asset Forfeiture Unit, both of which experienced staffing challenges due to vacant positions, ultimately hindering their ability to deliver services effectively.
Ms Mananiso said the committee noted the improvements achieved by the SIU. However, concerns remain relating to all the matters raised by the AGSA. “We note they cannot always give a proper account for targets due to challenges with recordkeeping. This must be address urgently.
“The committee intends having an engagement with all in the justice, crime prevention and security cluster and Department of Public Works and Infrastructure to understand the challenges and shortcomings better,” the Chairperson said.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE SELECT COMMITTEE ON SECURITY AND JUSTICE, MS JANE MANANISO.
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