Justice Budget Vote
Speech by Mr JH Van Der Merwe MP
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NATIONAL ASSEMBLY : 29th May 2008 Chairperson During my 30 years in Parliament, I have witnessed the performance of many Ministers and Departments. Today, I am saddened to say that, as I will show in my speech, the Minister of Justice and her department are failures. This shocking accusation is based on statistics provided by the Minister's very own department. Even a Markinor survey shows that our legal system during 2007 only managed to get a 55% confidence vote - and this percentage is decreasing as we speak. Let me share some departmental statistics - . The department's personnel establishment during 2006/2007 apparently increased by 7.2%. On the downside, however, excluding death, 9 543 staff members left the department. This comprises 60% of the department's total number of posts filled (15, 925). If the vacancies of 3 975 are added, the Department had a staggering shortage of 70% in the field of experience and expertise as far as service delivery is concerned. A staggering 70% shortage! . Secondly. The offences of fraud, theft and corruption committed by Justice employees formed an unbelievable 48% of the department's disciplinary matters. . Thirdly: Sick leave. The total number of sick leave days taken WITHOUT MEDICAL CERTIFICATION is a staggering FIFTY WORKING YEARS! . Fourthly. On average a vacancy rate of no less than 22% existed in the skilled levels, production and supervisory units. . Then. In the professional component of the Department - the prosecutors, magistrates - the turnover rate was a staggering 80.7% of those who terminated their services with the department or took transfers. . Also: It appears that for the implementation of the OSD for legally qualified categories of employees, the Minister had to apply for additional funds. Agreement for the Legal Aid Board and NPA was reached some four months ago and the Minister has not finalized the matter! Those employees are obviously prejudiced, but as in many other cases, this does not concern this Minster. * Next, Chairperson, we have a massive lack of efficient personnel management also in the department's court performances. They are the people who have to prosecute and sentence the ever-increasing number of criminals that is crippling this country. . The 1 493 courts on average each did not even finalize ONE CASE PER DAY. . In only 27% of the cases on the roll during the report year a conviction resulted! . The courts have dealt with only 32% of the total number of all cases enrolled. . An astonishing 720 354 cases during the report year were removed from the roll. . Of more than a million complaints laid by the public with the police, only 32% of the complaints were eventually dealt with by the courts. That means that an alarmingly high number of criminals were not prosecuted! Despite of all of the above gross failures, believe it or not, the Department during the report year has under spent R424 million! What this shocking picture reveals, is that our Justice System is a failure. And that this Justice Failure is abundant proof that the Minister and her Department are the very ones who have dismally failed the citizens of South Africa. South Africans, Chairperson, have a constitutional right to a legal system they can rely on, respect, have confidence in and have trust that the system will not fail them. The best way of now doing urgent damage control to rescue our Justice System, would effect a deliberate shift in the allocation and utilization of financial and human resources towards - . One: Improving organisational performance with regard to service delivery . Two: Investing in skills development and retaining those skills, and . Three: Establishing proper and efficient management and supervision. In conclusion, Chairperson, It goes without saying that South Africa is looking forward to next year when President Zuma will give South Africa what it urgently needs: A new and competent Minister of Justice. So, Madame Minister, you are working notice. Thank you.
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