Strategic Plan 2015-2020 Briefing...

Briefing of

Portfolio Committee of Justice

Strategic Plan 2015-2020

Annual Performance Plan 2015-16

Budget 2015-16

5 May 2015

1

Content

Strategic Plan 2015-2020

2

I. Introduction

II. Methodology

III. Process

IV. Environmental Analysis

(Context)

V. Strategic Risks

VI. Vision, Mission and Values

VII.Outcomes and Objectives

VIII.Strategic Shift

IX. Strategies

X. Programmes

I. Introduction to APP

II. Strategies Programmes &

Targets

Annual Performance Plan

2015-16

Budget 2015-16I. Introduction to Budget 2015-16

II. Government Grant Allocations

III. Summarised MTEF 2015-2018

IV. Analysis of Budget 2015-16

V. Balanced Scorecard Budget 2015

VI. Assumptions informing the Budget

VII. Explanation of variances

VIII. Expenditure Trends over MTEF

period 2015-18

IX. Staff Trends over MTEF period

2015-18

X. Programmes requiring

additional capacity

IntroductionI. Legal Aid SA Snapshot

March 2015

INTRODUCTION

LEGAL AID SA

SNAPSHOT 2014/15

3

Snapshot of Performance 2014/15

Annual Performance Report 2013/14 4

Performance

Indicator

2012/13 2013/14 2014/15

LEGAL AID DELIVERY

i. New legal aid

matters438,844 447,301 448,333

ii. New legal aid

advice matters297,835 328,979 321,241

iii. New Impact matters 18 21 18

iv Total Legal Matters 736,697 776,301 769,592

v. Children assisted 26,105 16,858 16,530

vi. % civil matters 13% 13% 12%

vii. National Delivery

Footprint

64 Justice Centres

64 Satellite Offices

13 High Court Unit

13 Civil Units

64 JCs

64 SOs

13 HCUs

13 Civil Units

64 JCs

64 SOs

13 HCUs

13 Civil Units

Note: 2014/15 figures

are unaudited

Annual Performance Report 2013/14 5

Performance

Indicator

2012/13 2013/14 2014/15

FINANCIAL MANAGEMENT

viii Budget R1,4 billion R1,5 billion R1,6 billion

ix % expenditure 98.7% 99.2% 98.7%

x Auditor-General’s

Report

Unqualified audit

(12th year)

No matters of

emphasis (8th Y)

Unqualified audit

(13th year)

No matters of

emphasis (9th Y)

Not yet

finalised

PEOPLE DEVELOPMENT

xi Staff Budgeted 2694 2707 2797

Staff Recruited 2576 2586 2619

xii % legal staff (incl paralegals)

79% 79% 79%

xiii Recruitment levels 95.6% 96% 94%

xiv Best Employer

accreditation

4th year 5th year 6th year

Snapshot of Performance 2014/15Note: 2014/15 figures

are unaudited

STRATEGIC PLAN 2015-2020

6

I. Introduction

7

Strat

egic P

lan

2015

-2020

I. Introduction

8

I. Third year of implementation of current Strategic Plan 2012 –

2017.

II. New Strategic Plan 2015 – 2020 developed to align with term

of office of government. Commences 1 April 2015.

III. Strategic Plan and Annual Performance Plan prepared in

compliance with the National Treasury Regulations on

Planning and Reporting.

IV.SP 2015-2020 approved by Board in November 2014 and

submitted to the Executive Authority on 29 January 2015.

V. APP 2015-16 Approved by Board in February 2015 and

submitted to the EA on 3 March 2015

Briefing: Strategic Plan 2015; APP2015; Budget 2015

II. Methodology

9

Strat

egic P

lan

2015

-2020

Legal Aid SA Context / Environment

Balanced

Scorecar

d

BS

Client,

Community

Stakeholder

&

Shareholder

CCSS

ExternalFinance &

Sustainabi

lity

F&S

Business

Processes

BP

InternalEmployee &

Organisation

al Capacity

E&O-C

SWOT

ANALYSIS

Opportunities

Threats

Strength

Weaknesses

STRATEGIC RISKSBS CCSS F&S BP E&O-C

VISION & MISSION & VALUES

OUTCOMES & OBJECTIVES

STRATEGIC SHIFTS

STRATEGIES

PROGRAMMES

BS CCSS F&S BP E&O-C




Strategic Plan Methodology

10Briefing: Strategic Plan 2015; APP2015; Budget 2015

III. Process

11

Strat

egic P

lan

2015

-2020

III. Process

Strategic Plan 2015-2020 Process

12

I. Concept document for the preparation of the Strategic Plan 2015-2020

prepared for approval by the Board

II. Strategic Plan Draft 1 prepared for discussion at the Board Strategic Plan

Workshop held in July 2014 and approved by the Board for consultation

with stakeholders

III. Strategic Plan Draft 2 as approved by the Board used for consultation

with Management Committees, Staff as well as external provincial and

national Stakeholders

IV. The Strategic Plan Draft 3, incorporating stakeholder comments, was

submitted to the Board meeting of the 29th November 2014 for approval

V. The Strategic Plan Final Draft incorporating stakeholder and Board

comments was submitted to the Executive Authority in January 2015 for

approval



13

Strat

egic P

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2015

-2020

IV. Environmental AnalysisContext

14

I. Service delivery footprint must respond to population demographics, in-

migration patterns and urban/rural divide; legal aid services must be accessible

II. Unemployment and poverty linked to economic growth which is slow

III. Impact of recession on government revenue and expenditure

IV. NDP being implemented to address unemployment, poverty and inequality

V. NDP focus on “Building Safer communities” includes priority of “Strengthening

the CJS” through the JCPS Seven Point Implementation Plan

VI. Legal Aid Act (Act No, 39 of 2014) to enhance the functioning and governance

of organisation

VII. Role in assisting other countries to develop legal aid systems to align to the UN

Principles and Guidelines on Legal Aid in Criminal Matters

VIII.Collaboration and partnership with stakeholders to raise awareness of

constitutional rights and legal aid services to enable poor and vulnerable to

access justice

IX. Use proactive marketing and advertising to targeted at clients/potential clients

to grow the brand



Context continued

15

X. Criminal and civil legal aid services provided through national footprint of 64 JCs

and 64 SOs and a cost-effective mixed model delivery method

XI. Effective quality intervention and monitoring measures in place

XII. Legal services somewhat hampered by capacity constraints

XIII.Legal advice provided through paralegals at JCs and SOs and Legal Aid Advice

Line

XIV.Stable staff component with high recruitment rates

XV.Performance Management System in line with best practice of employee rewards

and a good EVP

XVI.Organisational Culture, Employee Wellness and Leadership Development

Programmes in place


V. Strategic Risks

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2015

-2020

V. Strategic RisksStrategic risks to be mitigated to achieve the Vision

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Client Community

I. Challenges to the Rule of Law

II. Lack of capacity to deliver on the demand for legal services

III. Poor quality of the Legal Services provided by Justice Centres, Judicare

Practitioners, Co-operation Partners, Agency Agreements

Legal and Justice

IV. Lack of confidence in the justice system due to ineffective and inefficient

processes (ability to resolve cases timeously, fairly and efficiently)

Finance and Governance

V. Budgetary constraints impacting on Legal Aid SA’s ability to deliver on its

mandate

VI. Ineffective governance structures and processes

VII. Unethical, corrupt or fraudulent practices or acts

Internal Business Process

VIII. Poor transition to new regulatory framework of Legal Aid South Africa Act

(2014)

Employee and Organisational Capacity/Innovation and Learning

IX. Inadequate IT infrastructure to support the business needs

X. Lack of engagement with the organisational values and culture by employees


VI. Vision, Mission, Values

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egic P

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2015

-2020

VI. Vision, Mission, Values

Vision and Mission

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VISION (2030):

A South Africa in which the rights and responsibilities enshrined in the Constitution are realised to ensure equality, justice and a better life for all.

MISSION (2030):

To be the leader in the provision of accessible, sustainable, ethical, quality and independent legal services to the poor and vulnerable.


VI. Vision, Mission, ValuesValues

20

I. Passion for Justice/Protection of Human Rights

To give effect to the rights, responsibilities and values enshrined in our Constitution and to

be committed to promoting the rule of law and increasing access to justice for all.

II. Ubuntu

To value diversity and treat every person with compassion, care, respect and dignity.

III. Integrity

To live by the highest ethical and professional standards, demonstrating transparency,

honesty and fairness in all our interactions.

IV. Accountability

To be accountable to our clients, the public and stakeholders by ensuring compliance with

our mandate within the framework of good governance and effective and efficient

utilisation of public funds.

V. Service Excellence

To provide quality legal services and strive for excellence and innovation.

VI. People Centred

To empower our clients and communities to make informed choices about their legal

matters.

To create a caring, enabling, safe, productive and rewarding work environment that

recognises contributions from individuals and teams.Briefing: Strategic Plan 2015; APP2015; Budget 2015

VII. Outcomes and Objectives

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Strat

egic P

lan

2015

-2020

VII. Outcomes and ObjectivesOutcome 1: Quality justice for all, focusing on the poor and vulnerable, thus

CONTRIBUTING TO BUILDING SAFER COMMUNITIES

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Client & Community Finance & Sustainability

O1: Empowered clients and communities

making informed choices about their legal

rights and responsibilities.

O2: All poor and vulnerable persons able to

access quality legal services to protect and

defend their rights.

O5: An organisation embedding

sustainable practice in every segment of

the organisation, to positively impact on

society, the economy and the

environment.

Stakeholder

O3: An accessible, fair, efficient,

independent and effective justice system

serving all in South Africa, contributing to

building safer communities

O6: Embedding good governance, high

ethical standards and integrity, high

performance and accountability.

Shareholder

O4: Delivering on our constitutional and

statutory mandate in an independent,

accountable and sustainable manner.


VII. Outcomes and ObjectivesOutcome 2: Respected, accessible, high performing and sustainable public

entity impacting positively on society, the economy and the environment

23

Internal Business Processes Employee & Organisational Capacity

O7: Revised Legal Aid Act and its

subsidiary legislation enacted and

implemented.

O9: An appropriately resourced national

footprint reaching the poor and

vulnerable persons requiring legal

assistance.

O8: An effective, efficient, economic

and environmentally responsive supply

chain management system supporting

client services delivery and internal

business processes.

O10: Competent, dedicated, motivated

and empowered employees, capacitated

to deliver the constitutional mandate and

organisational strategies.

O11: A modern and appropriate,

integrated, secure and cost-effective IT

Platform supporting the provision of

client services and linkages and

enabling internal business needs.


VIII. Strategic Shift

24

Strat

egic P

lan

2015

-2020

VIII. Strategic Shift The overall strategic shift to be achieved in the 2015-2020 period: Increasing

organisational MATURITY and SUSTAINABLE HIGH PERFORMANCE and

EXCELLENCE in all segments of the organisation over the next decade,

positively touching the lives of many more South Africans thus ensuring the

OUTCOME of QUALITY JUSTICE FOR ALL.

25

I. Existing and expanded points of access for clients further developed, within

available funding.

II. Priority to civil legal aid assistance in Constitutional rights related matters.

III. Client Value Proposition encapsulating client focus and value add to clients.

IV. Use of new technology and social media improving communication and

engagement with clients and potential clients as well as stakeholders.

V. Quality rights based legal aid services delivering desired outcomes including a

fearless and independent legal defence of clients.

VI. Quality management responsive to client and stakeholder feedback on quality.

VII. Contributing to BUILDING SAFER COMMUNITIES by implementing the adopted

protocols from the Criminal Justice Review and the Civil Justice Review.

VIII.Proactively making the justice system function more effectively and efficiently.


VIII. Strategic Shift continued

26

IX. Brand awareness and image improved so that Legal Aid SA is identified as being

part of the safety net for poor and vulnerable persons with regard to their social

justice matters.

X. Quality of services and client relationship management focused on to improve

brand experience and brand loyalty.

XI. Holistic Sustainability Strategy (including Financial and Non-Financial) developed

and implemented.

XII. Best practices and Codes on Governance implemented.

XIII.Effective strategic leadership which would include a capacitated transitional Board.

XIV.Legal Aid Act (2014) implemented, including Legal Aid Regulations and Legal Aid

Handbook.

XV.Unqualified audits maintained.

XVI.Competitive Employee Value Proposition (EVP) implemented.

XVII.Adequate IT infrastructure to meet business need.

XVIII.Management information further refined to provide alerts to emerging risks.

XIX.A values-based high performance culture strengthened.

XX.Leadership enabling sustainable performance and creating a humanistic work

environment.


IX. Strategies

27

Strat

egic P

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2015

-2020


IX. Strategies

28

Client & Community Finance & Sustainability

S1: Delivering quality, client-focused legal aid in

criminal matters, particularly for the poor and

vulnerable groups

S7: Increasing financial sustainability

S2: Delivering quality client-focused legal aid,

including to poor and vulnerable groups, in civil

matters with a priority focus on constitutional rights

S8: Maintaining and enhancing good

governance

S3: Delivering quality client-focused legal advice

services

S4: Delivering client-focused Impact legal aid

services, delivering access to justice for poor and

vulnerable groups particularly in social justice matters

S5: Contributing to the effective functioning of the

justice and legal sector to assist in building safer

communities

S6: Accounting to the Department of Justice &

Correctional Services, and Parliament on delivery of

mandate, governance and sustainability


IX. Strategies continued

29

Business Processes Employee & Organisational Capacity

S9: Maintaining a regulatory framework

incorporating best practices aligned to

constitutional values

S11: Expanding and capacitating the national

footprint to increase points of access to legal aid

services, especially in rural and remote areas

(including the use of technology as well as other

low cost service alternatives)

S10: Sustain strong financial

management, supply chain and asset

management practices

S12: Developing and expanding the quality and

expertise for each segment of the national

footprint

S13: Building and maintaining an integrated

and service-oriented cutting-edge Information

Technology system

X. Programmes

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egic P

lan

2015

-2020

X. Programmes

31

Client & Community

O1: Empowered clients and communities making informed choices about their legal rights and responsibilities

S1: Delivering quality, client-focused legal aid in criminal matters, particularly for the poor and vulnerable

groups

Programme 1: To deliver quality criminal legal aid services that are client-focused

O2: All poor and vulnerable persons able to access quality legal services to protect and defend their rights

S2: Delivering quality client-focused legal aid, including to poor and vulnerable groups, in civil matters with a

priority focus on constitutional rights

Programme 2: Deliver quality civil legal aid services that are client-focused, with a priority for

constitutional rights

S3: Delivering quality client-focused legal advice services

Programme 3: To deliver (increase access) quality legal advice services that are client-focused

S4: Delivering client-focused Impact legal aid services, delivering access to justice for poor and vulnerable

groups particularly in social justice matters

Programme 4: To give content to the constitution through impact litigation – which is able to

address Constitutional rights and socio-economic rights and develop jurisprudence on social

justice matters


X. Programmes

32

Client & Community

O3: An accessible, fair, efficient, independent and effective justice system serving all in South Africa,

contributing to building safer communities

S5: Contributing to the effective functioning of the justice and legal sector to assist in building safer

communities

Programme 5: To participate in, contribute to and influence structures aimed at improving the

functioning of courts and justice system

O4: Delivering on our constitutional and statutory mandate in an independent, accountable and sustainable

manner

S6: Accounting to the Department of Justice and Correctional Services, and Parliament on delivery of

mandate, governance and sustainability

Programme 6: To account and provide assurance to the Department of Justice and Correctional

Services and Parliament on performance and governance


X. Programmes

33

Finance & Sustainability

O5: An organisation embedding sustainable practice in every segment of the organisation, to positively impact

on society, the economy and the environment

S7: Increasing financial sustainability

Programme 7: To improve financial planning (budgeting)

Programme 8: Ensure strong and best practice financial reporting to ensure unqualified audit

and optimum financial maturity

O6: Embedding good governance, high ethical standards and integrity, high performance and accountability

S8: Maintaining and enhancing good governance

Programme 9: To ensure best governance practices (PFMA compliance, King III guidelines and

other relevant statutory requirements)

Programme 10: Independent monitoring and oversight unit providing combined assurance

Programme 11: An effective and strategic Board providing leadership and oversight of delivery

on performance


X. Programmes

34

Internal Business Processes

O7: Revised Legal Aid Act and its subsidiary legislation enacted and implemented

S9: Maintaining a regulatory framework incorporating best practices aligned to constitutional values

Programme 12: Ensure the promulgation and implementation of the rewritten Legal Aid Act and

the gazetting/implementation of the policy regulations and procedures handbook

O8: An effective, efficient, economic and environmentally responsive supply chain management system

supporting client services delivery and internal business processes

S10: Sustain strong financial management, supply chain and asset management practices

Programme 13: To maintain a strong supply chain management framework and practices


X. Programmes

35

Employee & Organisational Capacity & Innovation & Learning

O9: An appropriately resourced national footprint reaching the poor and vulnerable persons requiring legal

assistance

S11: Expanding and capacitating the national footprint to increase points of access to legal aid services,

especially in rural and remote areas (including the use of technology as well as other low cost service

alternatives)

Programme 14: Appropriately staff all service delivery points

O10: Competent, dedicated, motivated and empowered employees capacitated to deliver the constitutional

mandate and organisational strategies.

S12: Developing and expanding the quality and expertise for each segment of the national footprint

Programme 15: To strengthen and improve organisational competences and expertise required

for delivery of quality outcomes

O11: A modern and appropriate, integrated, secure and cost-effective IT Platform supporting the provision of

client services and linkages and enabling internal business needs.

S13: Building and maintaining an integrated and service-oriented cutting-edge Information Technology system

Programme 16: Maintain a modern IT platform (including hardware, software, middleware and

IT network infrastructure)


ANNUAL PERFORMANCE

PLAN 2015-2020

36

I. Introduction

37

Ann

ual P

erfo

rman

ce P

lan

2015

-2016

I. Introduction

38

The Annual Performance Plan 2015/16 will commence with

the implementation of the 1st year of the Strategic Plan 2015-

2020;

The Programmes to action the Strategies are outlined. Key

projects are outlined in this document with details given in the

APP document.

Also detailed are the targets relative to the base year of

performance 2014

The Budget for individual strategies are given to indicate how

budget is apportioned


Strategies

Programmes & Targets

39

Ann

ual P

erfo

rman

ce P

lan

2015

-2016

Strategy I Delivering quality client-focused legal aid, in criminal matters,

particularly to the poor and

Programme P1 To deliver quality criminal legal services that are client focused

Project P1-1 Access to Criminal Legal Aid services

Outputs Legal Aid provided to qualifying accused persons

Base Year

performance

2014

Total Criminal Matters: 390,000 (estimated)

DC Coverage:87%; RC Coverage:97%;

HC Coverage: All Legal Aid Matters

Target Y1

2015/16

DC coverage: ≥ 83%; RC coverage: ≥ 93%;


Target Y2

2016/17

DC coverage: ≥ 83%; RC coverage: ≥ 93%;


Budget for

strategy936,088,886

Comment Practitioner per court model for DC and RC

40



Strategy II Delivering quality client-focused legal aid, including to poor and

vulnerable groups, in civil matters with a priority focus on

constitutional rights

Programme P2Deliver quality civil legal aid services that are client-focused, with a priority

for constitutional rights.

Project P2-1 Access to Civil Legal Aid Litigation Services

Outputs Civil clients assisted within available capacity

Base Year 2014

performance

Total Civil Matters: 54,000 (estimated)

JC = 47,760; Judicare = 2,240; Co-op = 4,000 (estimated)

Target Y1

2015/16

JC ≥ 90% of civil practitioner target calculated at 95% recruitment;

Judicare: ≥4% of JC civil matters

Co-op: Based on budget allocation

Target Y2

2016/17

JC ≥ 90% of civil practitioner target calculated at 95% recruitment;

Judicare: ≥4% of JC civil matters

Co-op: Based on budget allocation

Budget 225,659,846

Comment

Civil Legal Aid capacity is fully utilized in meeting current demand for

services. Civil matters will not increase significantly due to limited

additional funding.

41



Strategy III Delivering quality client-focused primary legal advice

services

Programme P3To deliver (increase access) quality legal advice services that are

client-focused

Project P3-1 Legal Advice Services

Outputs Increase general advice service provided at all offices

Base Year 2014

performance

Total JC, SO & ATD Legal Advice Matters: 260,400 (estimated);

Legal Aid Advice Line: 43,500 (estimated)

Target Y1

2015/16

General advice service available at all Legal Aid SA offices.

Growth in legal advice matters: 5% (subject to demand and

capacity)

Target Y2

2016/17

General advice service available at all Legal Aid SA offices.

Growth in legal advice matters: 5% (subject to demand and

capacity)

Budget 45,265,519

Comment

Clients are provided with first level advice at 128 offices which

assists them to address legal problems that do not require

litigation. 42



Strategy IV Delivering client-focused Impact legal aid services, delivering

access to justice for poor and vulnerable groups particularly in

social justice matters

Programme P4

To give content to the constitution through impact litigation – which is able

to address Constitutional rights and socio-economic rights and develop

jurisprudence on social justice matters

Project P4-1 Impact Litigation addressing social justice

Outputs Legal Representation provided in impact matters

Base Year

performance

2014

Impact Matters Approved: 20

Impact Matters Handled: 54 (estimated)

Success rate (estimated) 90%

Target Y1

2015/16Impact matters as approved by the CCMC within budget≥90% Success

Target Y2

2016/17

Impact matters as approved by the CCMC within available budget≥90%

Success

Budget 9,460,434

CommentThe Impact Litigation programme gives content to the rights contained in

the constitution by means of class action and precedent setting litigation.

43



Strategy V Contributing to the effective functioning of the justice and

legal sector to assist in building safer communities;

Programme P5To participate in, contribute to and influence structures aimed at

improving the functioning of courts and justice system.

Project P5-1 Participate in National and Provincial, efficiency enhancement structures

Outputs Participation in National and Provincial efficiency enhancement structures

Base Year 2014

performance

Represented at:

1 NEEC; 1 Dev Comm; 9 PEECs;

Target Y1

2015/16

Participation in efficiency enhancement structures, including NEEC, PEECs, Dev Comm

and local Case Flow Meetings, as per meeting schedules

Target Y2

2016/17

Participation in efficiency enhancement structures, including NEEC, PEECs, Dev Comm

and local Case Flow Meetings, as per meeting schedules

Budget 3,501,829

Comment

Legal Aid SA ensures the deployment of appropriate levels of management

to attend all local, provincial and national efficiency enhancement

structures and to participate and contribute effectively to improve the

functioning of the Justice System.

44



Strategy VI Accounting to the Department of Justice & Correctional Services,

and Parliament on delivery of mandate, governance and

sustainability.

Programme P6To account and provide assurance to the Department of Justice and

Correctional services and Parliament on performance and governance

Project P6-1To account and provide assurance to the Department of Justice and

Correctional services and Parliament on performance and governance

Outputs 4 quarterly performance reports and 1 Annual Report

Base Year

performance

2014

4 quarterly performance reports at end March 2015

1 Annual Report (2013/14) audited and submitted to Executive Authority

and Parliament

Target Y1

2015/16

Accurate reports submitted timeously to the Executive Authority

4 quarterly performance reports 1 Annual Report

Target Y2

2016/17

Accurate reports submitted timeously to the Executive Authority

4 quarterly performance reports 1 Annual Report

Budget for

strategy

R302,290

CommentPerformance reporting against the Strategic Plan 2015-2020 and APP

2015-16

45



Strategy VII Increasing financial sustainability

Programme

P7

P8

To improve financial planning (budgeting)

Ensure strong and best practice financial reporting to ensure unqualified

audit and optimum financial maturity

Project P7-1

P8-1

Financial planning

Financial reporting

Outputs Approved balanced MTEF and Budget

Base Year

performance

2014

P7-1

P8-1

Financial planning aligned to MTEF 2014/15 - 2017/18

2014/15 financial reporting compliant with relevant standards and

regulations

Target Y1

2015/16

Balanced budget (as per government grant allocation)

Financial reporting within a financial year compliant with relevant

standards and regulations resulting in optimum financial maturity

Target Y2

2016/17

Balanced budget (as per government grant allocation)

Financial reporting within a financial year compliant with relevant

standards and regulations resulting in optimum financial maturity

Budget R10,599,355

CommentTo ensure balanced budget and MTEF is submitted timeously to NT and

DoJ

46




Strategy VIII Maintaining and enhancing good governance

Programme

P9

P10

P11

To ensure best governance practices (PFMA compliance, King III guidelines & other relevant

statutory requirements)

Independent monitoring and oversight unit providing combined assurance

An effective and strategic Board providing leadership and oversight of delivery on performance

Project P9-1

P10-1

P11-1

Compliance with statutory requirements

Risk based Audit Coverage Plan

An effective functional Board

OutputsP9-1

P10-1

P11-1

Compliance with statutory requirements

≥95% of Audit Coverage Plan delivered

Board properly constituted and functioning effectively

Base Year

performance

2014

P9-1

P10-1

P11-1

100% compliance with statutory requirement including Legal Aid Act and PFMA


Board properly constituted and functioning effectively

Target Y1

2015/16

P9-1

P10-1

P11-1

100% Compliance with statutory requirements


Transitional Board properly constituted and functioning effectively in Terms of Legal Aid Act 39 of

2014

Target Y2

2016/17

P9-1

P10-1

P11-1

100% compliance with statutory requirement including Legal Aid Act and PFMA


A new Board properly constituted and functioning effectively in Terms of Legal Aid Act 39 of 2014

Budget R15,030,175

CommentAn effective internal control system; Internal audit fully capacitated and Quality Assurance

Improvement Programme(QAIP) fully implemented47




Strategy IX Maintaining a regulatory framework incorporating best

practices aligned to constitutional values

Programme P12

Ensure the promulgation and implementation of the rewritten Legal Aid Act

and the gazetting/implementation of the policy regulations and procedures

handbook

Project P12-1 Legal Aid Act (2014)

Outputs

Take necessary steps to ensure that the new Legal Aid Act (2014) is

promulgated and operationalised

Also ensure updating of Act where required

Base Year 2014

performance

Legal Aid Act (1969)

Legal Aid SA Act (Act 39 of 2014) gazetted Dec2014. Effective 1 March 2015.

Legal Aid Guide 2014

Target Y1

2015/16

Legal Aid SA Act (2014) effective and transitional provisions operationalised.

Draft Legal Aid Regulations containing policy on legal aid, prepared in conjunction with

DOJ for consideration by Board

Target Y2

2016/17

Legal Aid SA Act (2014) operationalised (final provisions - post transition). Draft Legal

Aid Regulations (policy) and Draft Legal Aid Manual (procedures) approved by Board;

Submitted to Minister for approval and tabling in parliament for approval.

Budget 816,697

CommentThe Legal Aid SA Act 39 of 2014 comes into operation on 1 March 2015 with a

transitional board for 1 year. The Legal Aid Regulations and Manual will come into effect

within 24 months of the Act coming into effect. 48



Strategy X Sustain strong financial management, supply chain and

asset management practices

Programme P13 To maintain a strong supply chain management framework and practices

Project P13-1 Supply chain management

OutputsQuarterly reports on acquisition of goods/ services in excess of R0.5 mil

indicating compliance with PPPFA, PFMA and relevant NT regulations

Base Year 2014

performance100% compliance with PPPFA, PFMA and relevant NT regulations

Target Y1

2015/16

100% compliance with PPPFA, PFMA and relevant NT regulations when

acquiring goods and services

Q1 2015/16: Procurement Plan to NT

Target Y2

2016/17

100% compliance with PPPFA, PFMA and relevant NT regulations when

acquiring goods and services

Budget R13,594,085

Comment To ensure 100% compliance with PPPFA, PFMA and relevant NT regulations

49



Strategy X Strengthening and growing a sustainable visible and

recognized brand

Programme Develop and maintain a strong and recognized legal aid brand

Project Develop and implement brand strategy including reputation management,

communications and marketing plans

OutputsBrand strategy including branding of justice centres, courts, prisons and SAPS holding

cells

>95% of Marketing/advertising and communications plans implemented

Base Year

performance

2014

Legal Aid SA brand strategy 2014/15

Target Y1

2015/16

Brand strategy implemented


Target Y2

2016/17

Brand strategy implemented


Budget R5 205 433

Comment

Legal Aid SA continues to ensure relevance of the brand strategy, brand visibility and awareness by

marketing the Legal Aid SA services using traditional media (both print and electronic). Continuous

usage of the annual national omnibus to assess usage and understanding of Legal Aid SA brand and

its services amongst the lower LSM groups.

50



Strategy XI Expanding and capacitating the national footprint to increase points of

access to legal aid services, especially in rural and remote areas (including

the use of technology and other low cost service alternatives)

Programme P14 Appropriately staff all service delivery points.

Project P14-1Review and develop staffing plans to meet operational requirements for

Legal and Support positions.

Outputs Recruitment statistics at ≥96%

Base Year 2014

performance

Recruitment levels at 94%

Target Y1

2015/16

Staffing plans implemented timeously

Recruitment level ≥96%

Target Y2

2016/17

Staffing plans implemented timeously

Recruitment level ≥96%

Budget 317,388,177

Comment

Recruitment levels maintained over MTEF period due to fiscal climate

Specified experience requirements in place for the recruitment of legal

practitioners to represent clients in DC and RC courts, as well as certain

categories of civil matters, to ensure improved quality of services to

clients.

51



Strategy XII Developing and expanding the quality and expertise for

each segment of the national footprint

Programme P15To strengthen and improve organisational competences and expertise required for

delivery of quality outcomes

Project P15-1 Skills Development

OutputsRevised competency framework and leadership pipeline

Aligned IDPs and Annual Training Plan implemented

Timeous submission WSP and ATR to SASSETA

Base Year

performance

2014

Staff training: legal - 7,751 hours (50 % @Dec2014)) Estimated for FY: 11,555

(56%)

Non-legal-5 296 (38.07% @Dec2014) Manager-1 792 (78.8% @Dec2014)

WSP(2014/15) and ATR (2013/14) submitted

Employment Equity with improved representivity across all levels including disability-

challenges still on African women and people with disabilities

Target Y1

2015/16

Submission of the WSP and ATR in compliance with the Skills Development Act

EE Plan 2015 approved by Board and submitted to DoL. EE Targets defined in Plan.

Target Y2

2016/17

Submission of the WSP and ATR in compliance with the Skills Development Act

EE performance levels nationally, regionally and Justice Centre level monitored and

reviewed against 5 year EE Plan 2015

Budget R8 134 409

CommentInvestment in training critical to improving quality and efficiency of services

Learning culture critical to achieving excellence in each segment

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Strategy XIII Building and maintaining an integrated and service-

oriented cutting-edge Information Technology system

Programme P16Maintain a modern IT platform (incl. Hardware, software, middleware and IT network

infrastructure)

Project P16-

1-3IT Hardware, Software & Applications, and IT network

OutputsHardware and Software Applications available, reliable and dependable to respond to

and sustain business needs

Provide effective throughput of reliable data across accessible IT systems

Base Year

performance

2014

99% availability of Hardware and Software Applications

IT Network in place

Target Y1

2015/16

Enhanced, reliable and stable IT platform

Upgraded IT network to improve throughput of data and information

Target Y2

2016/17

Effective operation of a modern technology application on core Legal Aid

Administration System

Budget for

strategyR44,453,913

CommentAn integrated IT system with streamlined performance processes incorporating

flexible features of remote mobility access

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BUDGET 2015-2016

54

Budget 2015-2016

55

I. Introduction to Budget 2015-16

II. Government Grant Allocations

III. Summarised MTEF 2015-2018

IV. Analysis of Budget 2015-16

V. Balanced Scorecard Budget 2015

VI. Key Assumptions in Budget preparations


VIII.Expenditure Trends over MTEF period 2015-18

IX. Staff Trends over MTEF period 2015-18

X. Civil legal aid


Budget 2015-16

I. Introduction

56

• National Treasury indicated reductions/cuts to the baseline

allocation of R61.8 million in 2015/16 and R92.7 million in

2016/17 financial years

• The NT Budget guidelines require entities to reprioritise

spending pressures within the budget allocation

• Cash flow to be managed effectively ensuring that budget

reductions/cuts are funded from cash reserves and the

• Service delivery will not be negatively impacted by the budget

reduction


Budget 2015-16 II. Government Grant Allocations

Year New

Funding

Budget

cuts(to be funded

from cash

reserves)

Children’s

Act & Child

Justice Act

Case

Backlog

Funds

Total

Government

Grant(includes new funds &

Children's’ Acts & Case

Backlog)

2014/15 26,000,000 10,444,000 36,039,000 1,573,813,677

2015/16 23,000,000 (61,819,000) 0 21,120,000 1,584,805,000

2016/17 (92,728,000) 22,282,000 1,577,171,000

2017/18 23,396,000 1,764,394,000

Notes:

1. The new funding of R26 million in 2014/15 consists of R5 million for increase in legal

capacity and R21 million from IJS for e LAA system development project.

2. The new funding of R23 million in 2015/16 consists of R5 million for increase in legal

capacity and R18 million to increase legal practitioners for court expansion

programme.

3. The case backlog amount of R21.1 million in 2015/16 and its carry through costs

over the MTEF period is the top up funding for conversion of temporary posts to

permanent posts.


Budget 2015-16 III. Summarised MTEF 2014-2017

Budget

Description

Budget 2014/15

(current year)

MTEF Year 1

2015/16

(Budget)

MTEF Year 2

2016/17

MTEF Year 3

2017/18

Salaries and

related costs1,172,350,395 1,235,222,820 1,266,510,276 1,331,056,259

Case backlog 19,300,000 21,120,000 22,282,000 23,396,000

Direct

expenditure115,704,162 102,033,241 117,201,775 118,416,024

Operating

expenditure227,005,708 229,396,383 211,372,320 224,892,185

Capital

expenditure99,001,145 24,266,303 26,000,629 26,000,629

Total Budget 1,633,458,910 1,635,121,246 1,726,880,285 1,811,375,285


Budget 2015-16 IV. Analysis of Budget

Budget

Description

Budget 2014/15

(current year)

Budget 2015/16

(MTEF Y1)

Variance

(%)

Salaries and

related costs1,172,350,395 1,235,222,820 5%

Case backlog 19,300,000 21,120,000 9%

Direct expenditure 115,704,162 102,033,241 -12%

Operating

expenditure227,005,708 229,396,383 1.05%

Capital expenditure99,001,145 24,266,303 -75%

Total Budget 1,633,458,910 1,635,121,246 0.1%


Budget 2015-16V. Budget alignment to APP 2015: Budget per component of the Balanced Scorecard

Component of the

Balanced Scorecard

Budget

2015/16

%

of Budget

1Client, Community, Stakeholder

& Shareholder1,165,552,851 71.3%

2 Finance & Sustainability 25,629,530 1.6%

3 Internal Business Processes 14,410,782 0.9%

4 Employee & Organisational

Capacity429,528,083 26.3%

5 Additional Programmes

Total BudgetR 1,635,121,246 100%


Budget 2015-16

VI. Key assumptions in Budget preparations

The following considerations were made when preparing the

2015/16 budget:

Legal Aid South Africa’s five (5) year Draft Strategic Plan

2015-2020.

The year on year increase of the National Treasury

allocation including additional funding over the MTEF period.

Future financial sustainability of the organisation.

The proportion of direct service delivery costs to

administration support costs.

The Capital Asset Replacement Programme.

The National Treasury Instructions 01 of 2013/14.

Budget Cuts letter dated 27 November 2014.


Budget 2015-16


Salaries and related costs increased by 5% due to COLI andPPI

Other direct expenditure decreased by 12% due to rolloverfunding relating to impact litigation (mainly for Marikanacommission) which is included in the 2014/2015 financialyear.

The overall operating budget increased by 1% due to budgetconstraints. Only contractual obligation related expenditureitems were increased.

The overall capital expenditure decreased by 75%.Thedecrease is due to once off rollover and eLAA funding projectincluded in the 2014/2015 financial year.


Budget 2015-16

VIII. Expenditure trends over the MTEF period

National Treasury implemented budget reductions as per Cabinet resolution forentities with high cash balances. Legal Aid SA's grant allocation was reduced byR61.8 million in 2015/16 and R92.7 million in the2016/17 fiscal years.

The reductions in budget allocations will be funded from Legal Aid SA's cash andcash equivalent. This means that service delivery will not be negatively impacted bythese reductions.

The expenditure focus over the five year period is on the delivery of legal serviceswhich is the core business of Legal Aid South Africa.

More than 70% of Legal Aid SA's budget has been allocated to the Client andCommunity component of the balance score card which is directly linked to thedelivery of legal services. This is the trend over the five year period ending 31March 2020. The balance of the budget is allocated towards programmes thatsupport the delivery of legal services.

Budget constraints continue to affect the operations of Legal Aid SA. The currentsalaries and related costs budget, does not make provision for relief capacity oflegal professionals. The current legal practitioner per court ratio, does not makeprovision for periods when the legal practitioner is not available to service a court forany particular reason. The salaries and related costs budget is also negativelyimpacted by the cost of living increases which are higher than the macro increasesand these have to be absorbed within the baseline allocation.


The operating expenditure budget has not been increased by the macro over thefive year period, except for expenditure linked to contractual obligations.

Areas of funding pressures which are linked to contractual obligations are asfollows:

(a) Office accommodation

(b) Escalations linked to contracts for security contracts, cleaning services

(c) Substantial increases in municipal services rates and vehicle fuel.

Only two (2%) of the budget has been allocated to capital expenditure. This is notadequate to replace assets as and when they fall due. Legal Aid SA hasimplemented measures to extend the lifespan of the assets taking into account thecurrent budget constraints.

The Budget sets out additional allocations of R19.3 million in 2014/15, with a carrythrough funding of R21.1 million in 2015/16, R22.2 million in 2016/17 and R23.3million in 2017/18 for the case backlog project relating to conversion of temporaryappointments to permanent appointments. In 2014/15 this funding was used toconvert 39 posts from temporary to permanent appointments. The funding nowforms part of the baseline allocation.

Additional allocation to Legal Aid SA's baseline was also confirmed for increase inlegal capacity relating to Department of Justice and Correctional Services courtexpansion programme as follows, R18 million in 2015/16, R20 million in 2016/17and R22 million in 2017/18.

The increase in legal capacity will have a positive impact on Legal Aid SAperformance indicators as it will result in a wider court coverage and servicedelivery. 64


Budget 2015-16

VIII. Expenditure trends over the MTEF period -continued…


65

POST

CATEGORY

2012/

2013

2013/

2014

2014/2015

(current)

2015/

2016

2016/

2017

2017/

2018

2018/

2019

2019/

2020

Audited outcomes

(filled posts)

Filled

posts @

31 March

2015

Vacant

posts @ 31

March

2015

Medium Term estimates (approved

staff establishment)

Legal

professionals

(incl

paralegals

2,029 2,039 2,071 170 2,319 2,319 2,319 2,319 2,319

Non-legal staff 547 547 548 27 575 575 575 575 575

Total recruited

staff2,576 2,586 2,619 197

Staff

establishment

@31 March pa

2,694 2,707 2,797 2,888 2,888 2,888 2,888 2,888

Includes new

posts (note iii)90 91 0 0 0 0

Staff

recruitment (against staff

establishment)

95.6% 95.5% 94% > 96% > 96% > 96% > 96% > 96%

Budget 2015-16

IX. Staff trends over the MTEF period

Notes on staff trends

i. Legal Aid SA was in the 2014/15 FY having an approved staff establishment of 2803 ofwhich 6 (six) vacant positions have since been abolished due to operationalrequirements. The total positions filled and funded were thus in 2014/15, 2,797posts.

ii. As at end March 2015 there were 2,071 (79%) (filled) legal practitioners includingparalegals and 548 non-legal staff making it a total of 2,619 (94%) recruited staff. Staffturn over as at 31 March is 5.93%.

(a) It is noted that 69 posts (of the 90 new posts) of 2014/15 were added to the staffestablishment only in January 2015 due to uncertainty of budget cuts. This resulted in alower 94% recruitment rate at 31 March 2015.

iii. The additional funding relating to the case backlog project and court expansionprograms respectively as stated above has enabled Legal Aid SA to increase its legalcapacity as follows

(a) Case backlog funding was utilised to create 96 new permanent posts. 13 of these positionswere administrative positions, while 83 were legal positions. About 90 posts of the 96 werefilled in the 2014/15. The case backlog top up funding available in the 2015/16 will create anadditional 33 permanent legal posts (approximated).

(b) Additional new allocation from NT for court expansion program will be utilised to createapproximately forty two (42) new permanent legal practitioner posts to service new courts

(c) Additional funding of R5million as confirmed by the NT Allocation letter November 2012 willbe utilised to create approximately 10 permanent legal posts.

iv. The staff establishment is expected to increase from 2,797 to 2,888 posts66

Budget 2015-16

IX. Staff trends over the MTEF period -continued…


Programme Total new staff Funding Required

2015/16

1 Increasing criminal capacity 143 R65 098 564

2 Increasing Civil Capacity 31 R 16 215 481

3 Expansion of National Footprint 11 R 36 293 454

TOTAL 185 R117 607 499

67

Budget 2015-16

X. Programmes requiring additional capacity


Notes

It is noted that due to the economic recession additional funds are not

available for any new programmes.

The programmes requiring additional funds are included to indicate the

gaps in the delivery programmes which will remain in the context of the

recession

Increase in criminal capacity

o Our current capacity at both District and Regional Courts is limited, such

that we are not able to cover courts for every day of the week.

o We also do not have any relief capacity available to substitute for

practitioners who are absent from work for any reason.

o This causes courts not to function effectively on days when our legal aid

practitioners are not present at court.

o This also impacts negatively on clients whose cases are delayed due to

the limited availability of legal aid practitioners.

o Our proposal seeks to increase DC coverage from 90% to 95% and RC

coverage from 99% to 105%.

o This would ensure improved coverage of our courts, as well as allow us

to implement a court relief programme on a limited scale.


Budget 2015-16

X. Programme requiring increased criminal capacity

Increase in civil capacity

o Our current civil capacity is limited, such that it consisted of about 12% of

total legal aid matters (criminal matters remain dominant).

o Civil demand exceeds the current capacity a number of Justice Centres

despite limiting civil legal services to priority cases as per the LAG.

o Civil Supervisory capacity is critical to improve and maintain the quality

of civil services at our offices although currently 13 offices require such

civil supervisory or additional supervisory capacity.

o This impacts negatively on clients who cannot be assisted or whose

cases are delayed due to the limited availability of civil legal aid

practitioners.

o Our proposal seeks to increase civil legal aid practitioner capacity by 18

Professional Attorneys and 13 Civil Supervisory Attorneys positions.

o This would ensure the progressive increase in access to legal aid in civil

matters and alleviate to a limited extent civil capacity constraints.


Budget 2015-16

Programme requiring increased civil capacity

Expansion of National Footprint

o Due to budget constraints and tough economic conditions, the number of

our Justice Centres and Satellite Offices have not increased for the past

5 years.

o This has had a negative impact on increasing access by clients to our

services.

o It also results in clients being required to travel longer distances to our

offices, as well as our practitioners travelling longer distances to attend

to certain courts.

o Our review of our national footprint indicates the following needs:

to convert 6 existing satellite offices to full Justice Centres;

to an additional 4 satellite offices and

To establish 1 additional Justice Centre.


Budget 2015-16

X. Programme requiring Expansion of National

Footprint

Concluding Comments

71

Concluding Comments

72

Within the context of an economic recession and budget constraints Legal Aid SA has in it SP, APP and Budget provided for Budget cuts from NT in 2015/16 and 2016/17 which will be funded from cash reserves

in the short term –it being noted that the cash reserves are required to meet liabilities and that managing the current assets : current liabilities ratio will allow these to be utilised in the short term; these cuts will therefore not impact negatively on any service delivery;

Additional posts for the court expansion programme (additional R18million in 2015/16) linked to the appointment of new magistrates

Additional civil capacity linked to funds (R5million) from the 2012 NT Allocation letter

The conversion of approximately half of the backlog courts to permanent courts and funding for the remaining backlog courts provided for in the MTEF period.

Legal aid service delivery will therefore continue as per the past period except for the addition of the new posts for court expansion and civil legal aid;

The organisation is geared to deliver on its Strategic Plan 2015-2020 and has an approved Enterprise Risk Management Plan in place to mitigate risks identified and emerging

Legal Aid SA is committed to building a sustainable organisation, with a capacity for continuance. The organisation has also developed a Sustainability Strategy which positions it to ensure that sustainability is embedded into the business practice and to promote sustainable growth through economic, social and environmental value creation. We see our mandate as the delivery of legal aid services to individual clients being key to increasing access to justice for the poor and vulnerable in a sustainable manner thus contributing to a more equitable society.


THANK YOU

73

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