Annual Report 2008-09 - Legal Aid South Africa

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Legal Aid South Africa

Annual Report 2008–2009

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VISION

“A just South Africa in which the rights enshrined in our Constitution are promoted, respected, defended, protected and fulfi lled to ensure justice for all.”

MISSION

“To be a leading provider of quality legal services, ensuring effective access to justice for the poor and vulnerable, in an independent manner.”

VALUES

Dedication and commitmentService Excellence and Professionalism

Respect for human dignityIntegrity

Effi ciency and EffectivenessAccountability

Promotion of an internal culture that is inspirational and empowering

RP112/2009ISBN: 978-0-621-38650-9

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1. Executive Summary .............................................................................................................................................. 5

2. General Information

2.1 Submission of Annual Report to the Executive Authority ...................................................................................... 7

2.2 Legislative Mandate ............................................................................................................................................................... 7

2.3 Introduction by the Chairperson ...................................................................................................................................... 8

2.4 Report by the Chief Executive Offi cer ........................................................................................................................... 10

2.5 Board of Directors................................................................................................................................................................. 14

2.6 Executive Structure ............................................................................................................................................................... 15

3. Report on Performance

3.1 Delivery Statistics ................................................................................................................................................................... 19

3.2 Report on Performance ...................................................................................................................................................... 26

Strategy 1: Deliver Quality Legal Services ................................................................................................................... 27

Strategy 2: Develop the Human Capital to Support the Delivery of Quality Legal Services ................... 38

Strategy 3: Develop the Institutional Capacity to Support the Delivery of Quality Legal Services ....... 41

4. Annual Financial Statements

4.1 Corporate Governance Arrangements........................................................................................................................ 53

4.2 Report of the Audit Committee ....................................................................................................................................... 65

4.3 Report of the Auditor-General ......................................................................................................................................... 67

4.4 Annual Financial Statements ........................................................................................................................................... 72

Report of the Directors ....................................................................................................................................................... 75

Statement of Financial Position ....................................................................................................................................... 76

Statement of Financial Performance ............................................................................................................................. 77

Statement of Changes in Net Assets ............................................................................................................................. 77

Cash Flow Statement .......................................................................................................................................................... 78

Notes to the Annual Financial Statements ................................................................................................................. 79

5. Human Resources ................................................................................................................................................. 99

6. National and Regional Management Contact Details ............................................ 115

Table of Contents

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TABLES

Table 1: Corporate Dashboard 2008/09 .................................................................................................................................... 19

Table 2: Board Meeting Attendance ............................................................................................................................................ 56

Table 3: Executive Management’s Remuneration ................................................................................................................... 58

Table 4: Staff Cost by Salary Levels ................................................................................................................................................ 99

Table 5: Salaries, Overtime, Home Owner’s Allowance, Medical Aid per Region ...................................................... 99

Table 6: Salaries, Overtime, Home Owner’s Allowance, Medical Aid per Salary Levels ........................................ 100

Table 7: Employment and Vacancies by Region ................................................................................................................... 100

Table 8: Employment and Vacancies per Critical Occupation ......................................................................................... 101

Table 9: Job Evaluation and Grading by Salary Levels ........................................................................................................ 101

Table 10: Staff Turnover .................................................................................................................................................................. 102

Table 11: Reasons for Staff Leaving ............................................................................................................................................ 102

Table 12: Employment Equity Status by Occupational Category................................................................................... 104

Table 13: Employment Equity Status by Occupational Level ........................................................................................... 104

Table 14: Recruitment for the Period ......................................................................................................................................... 106

Table 15: Terminations by Occupational Bands .................................................................................................................... 107

Table 16: Performance Rewards .................................................................................................................................................. 107

Table 17: Annual Leave .................................................................................................................................................................. 108

Table 18: Sick Leave .......................................................................................................................................................................... 108

Table 19: Study Leave ...................................................................................................................................................................... 109

Table 20: Details of Health Promotion and HIV/AIDS Programmes ............................................................................. 109

Table 21: Types of Misconduct Addressed at Disciplinary Hearings .............................................................................. 111

Table 22: Disciplinary Action taken per Race and Gender ................................................................................................ 111

Table 23: Grievances Lodged ........................................................................................................................................................ 112

Table 24: Disputes Lodged with the CCMA and Labour Court ...................................................................................... 112

Table 25: Training Provided ............................................................................................................................................................ 113

Table 26: Injuries on Duty ............................................................................................................................................................... 113

Table 27: Abbreviations and Acronyms.................................................................................................................................... 132

Table of Contents

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The Annual Report 2008/09 presents the performance report of Legal Aid South Africa for the fi nancial year 1 April 2008 to 31 March 2009:

Section 2 of the report presents statements of submission to the executive authority, brief reports from the Chairperson of the Board of Directors, the CEO, the Board of Directors as well as the organisational structure;

Section 3 presents the report of performance of Legal Aid SA as measured against the stated objectives and targets for the year;

Section 4 presents Annual Financial Statements of the entity prefaced by the report of the Auditor-General as well as the reports of the Audit Committee and the corporate governance arrangements within Legal Aid SA;

Sections 5 and 6 present information on human resources and contact details of the various offi ces of Legal Aid SA.

Highlights of performance for the past fi nancial year, as outlined in Section 3, include:

• Provision of legal aid services at all criminal courts in the country through a national footprint of 62 Justice Centres and 55 Satellite Offi ces;

• Delivery of quality legal services in 434,922 new legal matters in keeping with its Constitutional mandate;

• Legal assistance provided in 30,309 civil legal matters and advice given to over 110,000 clients;

• 46,000 children assisted in legal matters;• Strengthening of quality programmes to

ensure delivery of quality legal services by the establishment of a Legal Quality Assurance Unit to review the work of legal practitioners and provide assurance on quality throughout the organisation;

• Outdoor advertising campaigns, community

events and the branding of police and prison cells to increase awareness of legal aid services and human rights;

• A functioning Board of independent non-executive directors continuing to provide strategic direction and guidance and assess the performance of the organisation;

• Monitoring and management of the 13 identifi ed risk areas, which included organisational capacity and sustainability, fi nance and procurement, organisational culture and IT systems;

• The completion of the third year of the 2006-2009 Strategic Plan and the formulation of a new 3-year Strategic Plan for the period 2009-2012 after consulting internally and with external stakeholders;

• The ratifi cation of the Legal Aid Guide 2008/09 by Parliament;

• Strong fi nancial management resulting in 99% of the budget being spent as planned, with creditors being paid timeously and supply chain management policies complied with;

• Recruitment level at 94% as at the end of the fi nancial year with an average staff turnover rate of 14.7%;

• A continued commitment to the development of staff as indicated by the exceeding of training targets for legal and non-legal staff;

• Successful accreditation as a best employer;• An enhanced IT platform through the rollout of

the Virtual Private Network.

Strong fi nancial management and performance is evident in the unqualifi ed audit report of the Auditor-General in Section 4. This report also lists no matters of emphasis from the Auditor-General. This makes it the eighth consecutive year that Legal Aid SA has achieved an unqualifi ed audit and the fourth consecutive year of no matters of emphasis in the Auditor-General’s reports. The Annual Financial Statements were prepared in accordance with the Statements of Generally Accepted Accounting Practice and in the manner required by the Public Finance Management Act and confi rm an entity which is a going concern.

1. Executive Summary

2 GENERAL INFORMATION

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2.1 To Mr J T Radebe, MP, Minister

of Justice and Constitutional

Development

The Directors have pleasure in presenting to you the Annual Report of the Legal Aid Board of South Africa for the period 1 April 2008 to 31 March 2009.

We are pleased to report on another year of success. The highlights of this reporting period are indicated in the introduction by the Chairperson refl ected on page 8 and in the report of the Chief Executive Offi cer refl ected on page 10. A more detailed report on the successes is refl ected in Section 3. Please refer to the Executive Summary for the highlights in respect of the 2008/09 fi nancial year.

2.2 Legislative Mandate

The Legal Aid Board of South Africa is an autonomous statutory body established by the Legal Aid Act (Act 22 of 1969) and the Legal Aid Amendment Act (Act 20 of 1996). The objective of the Board is to render or make available legal representation to indigent persons at State expense as contemplated in the Constitution of the Republic of South Africa (Act 108 of 1996), which affords every citizen access to justice.

The Legal Aid Board is funded from the national fi scus and is accountable to the Minister of Justice and Constitutional Development and ultimately to Parliament for service delivery and the effi cient and effective use of its budget allocation. The budget allocation to the Legal Aid Board is managed within the framework of the Public Finance Management Act, Act 1 of 1999 (PFMA).

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It is that time once again to refl ect on the fi nancial year that has just ended. It is a task I embark upon with great pride and for very good reason. The year was characterised by several highlights on a number of fronts. I identify some of them in what follows.

The past fi nancial year was the third and fi nal year of our 2006–2009 strategic plan. This presented us with the opportunity to put together our 2009–2012 strategic initiative which we successfully accomplished with promptitude. This process enabled us to interact with our own staff and with stakeholders to understand their experiences and expectations of where we should be as an organisation. We were also and very importantly presented with an opportunity to confront the context within which we operate which enabled us to align our strategic objectives with those of the government in its Medium Term Strategic Framework 2009 - 2014. It cannot be disputed that a prudent objective for a developing country like ours is the alignment of strategic thinking on key fronts of which access to justice, in which we operate, is one.

It is gratifying to report that our legal aid guide 2008/2009 was at long last approved by parliament followed by a very successful launch graced by our executive authority, the Ministry of Justice and Constitutional Development. This guide is a notable departure from those before it in that it is written in simple non legalese language to ensure that it is user friendly. This can only bode well for the organisation considering the growing confi dence in our services as evidenced by the consistent increase in the clients we serve year on year. On the subject of clients it is pleasing to report that the number of new and fi nalised matters grew with the lion’s share of the credit going to our Justice Centre legal practitioners. This shows that we are reaching more people who need our services and in the process we are making South African society realise the constitutional dream. Our national footprint also grew with the opening of 3 more Justice Centres and 8 satellite offi ces bringing the respective totals to 62 and 55. This will enhance our ability to service more clients and to be accessible to rural based communities in particular.

A notable feature of the past year is that the number of automatic reviews has continued to reduce - recorded at just over 10 000. It will be remembered that in 2002/03 the number of automatic reviews nationally was over 30 000 and over the years that number has been dropping. Automatic reviews are a refl ection of persons who still go through our criminal justice system without legal representation, a phenomenon that we frown upon. The 10 000 fi gure is still too high, in my view, and we will continue in our quest to reduce the number even further. The reduction in automatic reviews refl ects the direct impact we are making in the representation of persons going through our courts, and the success of the justice centre model. Another notable development in the period reported on is the decline in the number of complaints directed at our organisation from stakeholders with regard to delays in responding to legal aid applications and to court proceedings in general. This is another indicator of the success of the Justice Centre model and is testimony of the confi dence of an overwhelming majority of judicial offi ces who have indicated their preference for our Justice

2.3 Introduction by the Chairperson Judge Dunstan Mlambo

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Centre based legal practitioners to service their courts. The success of our organisation and the Justice Centre model is also refl ected in the continued requests that we provide input and guidance on the international landscape to countries wishing to establish state funded legal aid schemes. I must also mention my interaction with the Chief Justice and the leadership of the High Courts in a Heads of Courts meeting in Cape Town during October of last year. A sequel to that interaction was my visit to 7 High Courts where the concerns of judges were noted and addressed. The highlight of these interactions was confi rmation that our High Court Units have become integral in High Court criminal proceedings in particular. Meetings were also held with representatives of the professional legal bodies. The main feature of these discussions was the setting up of sustainable pro bono programmes to ensure that access to justice is enhanced. Overall there is general acceptance of the need for pro bono programmes and this can only bode well for access to justice and the rule of law is this country.

I must once more also report that the Board of Directors and its four committees continued to function effi ciently. In total the Board subjected 46 policies to a process of revision and approved three new ones. The Board also continued with its insistence on good corporate governance practices. The executive management team under the able leadership of the Chief Executive Offi cer has also continued to perform at their best. Staff in general and lawyers in particular have also continued with high level performances. Testimony of such performance lies in the attainment of the eighth successive unqualifi ed Auditor General report with no emphasis of matter for the fourth year running. Whilst commitment and dedication lies at the root of our success it is important to mention another important but overlooked contributor – a well managed performance management system. There is no doubt that our performance management system and the rewards implicit therein are a continued source of incentivisation to our staff. It is in this regard that I hope that the fi nal phase of the Occupation Specifi c Dispensation for Legal staff will have a public sector wide performance management system. It cannot be disputed that the best performing organisations and companies are those that reward high performance appropriately.

A number of challenges, however, remain on the horizon. Our fi nalised civil case statistics remain very low compared to our criminal output. It is correct that this trend is a refl ection of our resource constraints but it remains a serious indictment that many more people who have legitimate civil cases are not being assisted. We will engage in the current fi nancial year in a number of initiatives to ensure that there is increased resourcing of that component of our work. Unequal resourcing of the agencies in the criminal justice cluster also remains a concern. We will continue to motivate for a funding approach that refl ects the level of contribution in each sector. The trend of High Court orders directed at us to provide legal aid to persons who are apparently affl uent but who plead poverty continues unabated. This trend surfaced more prominently a few years back when we were ordered by the Supreme Court of Appeal to provide legal aid in the so-called Boeremag matter to accused persons who had in our view divested themselves of that right when they fi red the lawyers we had appointed, for no reason. We do not quibble with the prerogative of the judiciary to sit in judgement over matters serving in the courts. In the same vein if the separation of powers principle is respected our domain as the managers of the legal aid scheme in this country should not be unjustifi ably invaded. We are engaged in an appeal against one such matter which, I hope, will set the proper parameters for judicial intervention should this be justifi ed. After all we serve an important constitutional imperative and unjustifi ed inroads in our work have serious budgetary implications.

Despite the challenges we face we can be proud of our achievements and I thank all Board Members, the CEO and her executive management team as well as all the employees of Legal Aid South Africa for their roles in ensuring that the organisation remains accessible, and continues to deliver timeous and quality legal services. Our employees, lawyers in particular, sometimes contend with unenviable realities but continue to soldier on. I conclude by extending my gratitude to former Ministers Mabandla and Surty for their support for the organisation in its work. I also take this opportunity to congratulate Minister Radebe and Deputy-Minister Nel on their appointments to lead the Justice and Constitutional Development cluster. I pledge my support to them and look forward to their guidance as our executive authority.

_____________________________Judge Dunstan Mlambo

Chairperson

17 August 2009

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Assistance to 435,000 persons in criminal and civil legal matters, our eighth unqualifi ed audit and accreditation as a best employer, marks the completion of a successful 2008/2009 fi nancial year.

It is with immense pride that I can report on another year of great performance by Legal Aid South Africa. It is challenging to have to maintain one’s own record of high performance but all the more fulfi lling when we are able to successfully negotiate the year to scale new heights. Our mandate remains to provide legal aid to the indigent persons in South Africa.

Access and quality remain our topmost priority in the delivery of legal aid services. Our legal services delivery programme exceeded our targets (new matters at 118%), thus ensuring that many more poor and vulnerable people are able to access justice. We fi nalised a smaller number of matters relative to those taken on, impacting on the pending matters that we carry forward to the new year. We continued to service all the criminal courts in the country through our salaried lawyers or through contracting with private lawyers (Judicare). Our service in civil legal matters was not expanded to the level we targeted due to resource constraints, resulting in assistance in 30,309 civil legal matters. We also provided legal advice to about 114,000 clients. To service the courts and our clients we expanded our national footprint by 3 Justice Centres (in Botshabelo, Bellville and Soshanguve) to 62 Justice Centres and by 8 Satellite Offi ces (mostly in rural areas) to 55 Satellite Offi ces. Our special focus on children also continued with legal assistance given in 46,194 matters involving children as well as a dedicated programme focused on children awaiting trial. A special project was also implemented to focus on unrepresented awaiting trial detainees.

In ensuring the delivery of quality legal services we continued with our many quality assurance programmes including the Candidate Attorney court readiness and pre-admission programme implemented at all Justice Centres, legal training programmes arranged at both national and Justice Centre level as well as support for specialist court

practitioners. Case discussion forums allowed for proactive preparation and support for cases while legal supervision programmes including court observations and daily case fi le reviews by legal managers ensured that practitioners were given support by their supervisors. A dedicated day per week set aside by practitioners for preparation and consultations for cases ensured that the needs of clients were addressed and their interests represented. The establishment of a Legal Quality Assurance Unit with six legal quality assurance auditors and a manager, all of whom are qualifi ed Attorneys with a minimum of eight years experience, will further ensure that legal practitioners across the entity are independently reviewed every two years.

In the year under review 91% of our legal services were delivered by our 1,600 salaried lawyers at our Justice Centres, with 8% being delivered through Judicare practitioners and 1% through our co-operation partners, NGOs and University Law Clinics. In line with the distribution of matters in the various courts, 78% of the

2.4 Report by the Chief Executive Offi cer Ms Vidhu Vedalankar

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legal matters we assisted in were in the District Courts, 16% in the Regional Courts, 2% in High Courts and 4% in other specialised courts and appeal courts. We participated in the Case Backlog Project of the Department of Justice and we actively monitored our own fi les to reduce the case backlogs in various courts to below the targets set by the Project. A major achievement in this year was the ratifi cation of our Legal Aid Guide 2008/09 by Parliament thus bringing into operation the 11th edition of the Guide. This Guide includes particulars of the scheme under which legal aid is made available and the procedure for its administration. It was, for the fi rst time, prepared in plain English to make it more accessible to legal practitioners and to community organisations and clients.

The challenges that we continue to face in the delivery of legal aid services include the low practitioner per court ratio which is insuffi cient to meet the demand at courts and which results in high caseloads for practitioners. This is also a refl ection of the unequal resourcing across the justice cluster. While exceeding our new matter targets has the positive impact of assisting many more persons, it causes a strain on our organisation in terms of high caseloads for legal practitioners, with a consequent impact on quality despite the many interventions to ensure the delivery of quality legal services to our clients. Access to Legal Aid SA offi ces by clients in many rural areas is diffi cult due to the limited number of offi ces we are able to operate within our budget. Our limited capacity to render civil legal aid services remains a challenge. This is further exacerbated by the diminishing sustainability of community advice offi ces which impacts on increased demand for Legal Aid SA services. Cases requiring substantial resources are increasing and this is concerning as it impacts on the sustainable delivery of legal aid services. Our limited resources and high demands require a Legal Aid Act and a Legal Aid Guide in which the availability, scale and delivery mechanisms of legal aid are strictly enforced and which will reduce legal challenges to the delivery of legal aid.

To ensure effi cient and economic use of our available resources, Legal Aid SA has maintained its strong fi nancial management and performance by ensuring no under-expenditure (99% of budget spent as planned), 98% of creditors paid within 30 days of invoice date and all supply chain management policies complied with. The Auditor-General, having audited our Annual Financial Statements for 2008/09, gave us an unqualifi ed audit. This was our 8th year in succession of an unqualifi ed Audit Report and the 4th year in succession with no matters of emphasis. The Board of Legal Aid SA is actively guiding the organisation,

engaging management and the Executive Authority on matters of strategic importance.

A major achievement for this year was that we were successfully accredited as a best employer as a result of our investment in our employees through our people development strategies. This will improve our image as an employer of choice among legal graduates and legal professionals. This was also refl ected in our high recruitment levels at 94%, while containing the staff turnover rates to 15% (including contract Candidate Attorneys). We achieved our training targets for legal and non-legal training thus ensuring continuing development of our staff. We successfully and timeously implemented Occupation Specifi c Dispensation (OSD) phase 1 for all our legal practitioners. To further enhance our IT platform we rolled out an improved IT network (Telkom VPN supreme) providing a minimum of 128 kilobytes per connecting point of service.

The National Treasury baseline macro increases being lower than CPI and higher wage settlements have led to real term decreases in the budget. The introduction of new and/or amended legislation, for example, the Child Justice Bill, without the requisite funds further impacts on our strained resources. The impact of the recession on donor funding for NGOs is resulting in a reduction in services offered by NGOs which impact on increased demand for services from Legal Aid SA. The implementation of OSD phase 2 is outstanding since the Department of Justice is still to fi nalise a new performance management system for legal practitioners in the broader government service. Funding for OSD phase 2 will also be required. The recruitment and retention of skilled personnel in the area of specialised legal work, for example, commercial crime, land matters, and impact litigation remains a challenge. Our IT infrastructure needs further investment to improve stability and speed of the network, as well as to increase bandwidth to carry larger volumes of information throughout the national network of Legal Aid SA offi ces as well as in interactions with clients and stakeholders.

This past year completed the third year of our 3-year strategic plan period 2006-09. We engaged in an extensive consultation process, internally and externally, to develop our new strategic plan for the 2009-12 period. In the new period we recommit to strive to achieve our Vision [2020] of A South Africa in which the rights enshrined in The Constitution are protected and defended to ensure peace and justice for all. To do so we continue to build an organisation that is a leading provider of quality, professional legal services, ensuring effective access to

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justice for the poor and vulnerable, in an independent, effi cient and caring manner [Mission 2020].

The formulation of the Strategic Plan 2009-12 also offered us the opportunity to review our corporate brand and identity and align it to our new Strategic Plan. A corporate brand strategy exercise resulted in us revising our corporate logo in keeping with our values of Passion for justice, Caring, Respect for human dignity (ubuntu) and diversity, Empowerment, Integrity and Accountability. The brand archetype associated with these values is that of a ‘hero’ that represents energy, action and delivery in pursuance of our goals. It symbolises performance and fi ghting for what really matters. It is about working with the most poor and vulnerable, our clients, so that they are able to access justice. Our new logo graphically represents the meeting places and consultation – between us and our communities – between our lawyers and our clients – embodying Legal Aid SA as champions of justice. This is further emphasised in our brand position statement ‘Your Voice. For Justice.’ which is backed by a descriptor asserting our independence and accessibility ‘Independent and within reach’. All of this is further embodied in the changed name from Legal Aid Board to Legal Aid South Africa which symbolises a reaching out to all of South Africa and its residents to ensure that many more South Africans are able to access justice through the legal services we offer. Our report cover presents this new brand and logo, whereas the written report utilises the name we used in the 2008/09 year.

In the next strategic plan period we will look at ways of expanding Legal Aid SA’s National Footprint to increase access to justice generally and specifi cally to increase our capacity to provide civil legal aid services, legal advice service and online services. We will need to improve our practitioner per court ratio to improve coverage of courts. Being a provider of services we remain committed to continued improvement of quality of legal services rendered. We will also seek to improve linkages with community structures and organisations. We will continue communication with our clients and communities to increase awareness of legal aid services as well as of the rights enshrined in our Constitution.

At an organisational level, we will continue to build a strong organisational culture and develop the competencies of our staff to deliver on our mandate. Continuing a high level of accountability and effi ciency in the management of fi nances and assets thus ensuring no under-expenditure and maintaining unqualifi ed audits will remain a norm at Legal Aid SA. We also aim to continue to develop best practices in our operations, including leveraging on IT to improve business performance.

The completion of a successful year is possible only because of the diligence and perseverance of our employees across all our offi ces as well as the leadership of our Justice Centre Executives and Executive Team. I salute their courage and their dedication to the cause of improving of access to justice for all South Africans and thank each of them for another successful year of ensuring that we could effectively make a difference to the lives of many more poor and vulnerable persons. A special thanks also to our Board of Directors, and our Chairperson, Judge Mlambo, for continuing to guide and inspire us to deliver on our Constitutional mandate.

_____________________________Ms Vidhu Vedalankar

Chief Executive Offi cer

17 August 2009

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Seated, from left:

Mr M Makume, Adv M Kolbe, Judge D Mlambo, Dr D Konar, Mr J Maree

Standing, from left:

Ms T Mhlungu, Ms S Monaledi, Prof Y Vawda, Ms N Mgadza, Mr V Jarana, Adv P du Rand, Prof P Kruger, Mr M Moabi, Ms M Naidoo, Judge E Molahlehi, Ms E Gandhi, Ms A Mosidi, Ms N Memka

2.5 Board of Directors

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Seated, from left:

Ms C Robertson, Mr B Nair, Ms V Vedalankar, Mr J Makokoane, Ms R Hlabatau, Ms M Mbhele

Standing, from left:

Ms A Clark, Mr P Hundermark, Mr V Mayisela, Mr T Mtati, Mr P Brits, Mr M Phasha, Mr V Mdaka, Mr O Masango, Ms L Timothy

2.6 Executive Structure of the Legal Aid Board

Mr A NaidooMs W Lambley

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Executive appointments and resignations

during the reporting period:

The Human Resources Executive, Mr Patrick Zikalala resigned and left the service of the Legal Aid Board with effect from 01 June 2008. Ms Amanda Clark was Acting Human Resources Executive from 01 July 2008 and was subsequently appointed Human Resources Executive with effect from 01 March 2009.

Executive Team

Ms Vidhu Vedalankar

(BSc (University of Durban – Westville), MTRP [Masters in Town and Regional Planning], (University of Natal))Chief Executive Offi cer responsible for overall strategic direction of the Legal Aid Board so as to realise the vision and fulfi ll the mission.

Mr Jerry Makokoane

(B Com (Economics) (UNISA), Diploma Data Processing and Systems Analysis (University of Zululand))Chief Operations Offi cer responsible for operations within the Legal Aid Board.

Ms Rebecca Hlabatau

(B Com, B Compt Honours, CTA (UNISA))Chief Financial Offi cer responsible for strategically guiding fi nancial matters of the Legal Aid Board in a manner that will ensure its long term viability as an upholder of the rights of the people of SA.

Mr Brian Nair

(B Paed (UDW), B Ed (UNISA), FD Computer Science (University of Natal), MBL [Masters in Business Leadership] (UNISA))National Operations Executive, ensuring the delivery of cost effective high quality legal services.

Mr Patrick Hundermark

(B Com, LLB, (University of Port Elizabeth), Practising Attorney North Gauteng High Court)Legal Development Executive responsible for the improvement of quality and range of legal services offered to legal aid applicants, impact services, legal training and pilot projects.

Mr Peter Brits

(BA (Hons), LLB (Wits) Practising Attorney North Gauteng High Court)Corporate Services Executive, responsible for corporate services including corporate legal services.

Mr Avie Naidoo

(B Com (UDW), B Compt Honours (UNISA), MBA (Bond University))Internal Audit Executive, responsible for the assessment and evaluation of risk and controls within the Legal Aid Board including compliance with the Legal Aid Act, Public Finance Management Act and Treasury Regulations, Attorney’s Act, Labour Legislation, Occupational Health and Safety Act and the Information Act.

Mr Obert Masango

(BSc Computer Science (University of Natal, Durban), Post Graduate Diploma in Business Management (University of KwaZulu-Natal, Durban))Information Services Executive, responsible for the Information Technology infrastructure and the provision of support to all users within the Legal Aid Board.

Ms Amanda Clark

(ND: Housing and Development Management (Technikon SA), B.Tech: Business Management (Technikon Natal), MBA (University of Wales))Human Resources Executive, responsible for the Human Resources department and ensuring that the HR processes and systems are aligned to the Legal Aid Board strategy.

The following Regional Operations Executives are responsible for ensuring the effi cient, effective and economic delivery of legal services within their area of jurisdiction as refl ected below:

Ms Cordelia Robertson

(B.Comm, B Proc (UNISA) LLM (UWC)) Region: Western Cape and Northern Cape.

Ms Wilna Lambley

(B Juris, (UNISA)) Region: Gauteng and Limpopo.

Mr Thembile Mtati

(B Proc (Fort Hare)) Region: Eastern Cape.

Mr Vela Mdaka

(B Proc LLB (University of Zululand)) Region: KwaZulu-Natal and Mpumulanga.

Mr Vincent Mayisela

(Diploma in Police Administration (Technikon SA) BA (UNISA) LLB (UNISA))Region: Free State and North West.

3 REPORT ON PERFORMANCE

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24

LEGAL AID BOARD CORPORATE DASHBOARD 2008/09

INDICATOR

TARGET

2008/09 TOTALEastern Cape

Number % YTD YTD%

VIII LEGAL SERVICES PER PROVINCE

Infrastructure

78 Justice Centres (JC) 62 62 100% 10

79 Satellite Offi ces (SO) 55 55 100% 10

80 National Footprint Expansion - New JCs 3 3 100%

81 National Footprint Expansion - New SOs 8 8 100%

Legal Staffi ng

82 PAs 756 753 100% 135

83 CAs 570 595 104% 75

84 Legal Supervisory Staff 243 240 99% 38

85 LAB Establishment (budgeted posts) 2,419 353

86 Number of staff (recruited) 2,281 357

87 JCPM National / Provincial Average 90% 92% 95%

88 New Legal Delivery Matters Total 368,789 434,922 118% 64,185

89 Justice Centres -total new 324,534 395,088 122% 58,066

90 Judicare- total new 36,879 35,723 97% 5,825

91 Co-operation Partners - total new 7,376 4,111 56% 294

92 Justice Centres - criminal new 370,769 54,140

93 Judicare -criminal new 32,109 5,670

94 Co-operation Partners -criminal new 1,735 117

95 Justice Centres - civil new 24,319 3,926

96 Judicare - civil new 3,614 155

97 Co-operation Partners - civil new 2,376 177

98 Criminal -total new 320,846 404,613 126% 59,927

99 Civil- total new 47,943 30,309 63% 4,258

100 Legal services children total 45,268 9,155

101 Legal Services children new criminal 39,989 8,575

102 Legal Services children new civil 5,279 580

103 Finalised Delivery Matters - JC 324,534 372,864 115%

104 Pending Matters (all) 158,374 31,484

Legal services delivery quality - total

105 CAs 80% 83% 82%

106 PAs 85% 87% 86%

107 HCU PAs 90% 92% 92%

108 Budget per province 903,755,451 130,406,607

25

PERFORMANCE 2008/09

Free State GautengKwaZulu

NatalLimpopo Mpumulanga

North West

Northern Cape

Western Cape

5 10 10 5 4 7 3 8

3 4 10 6 7 3 4 8

1 1 1

1 4 1 1 1

58 157 114 43 42 53 31 120

31 128 124 36 33 45 20 103

17 44 38 19 18 18 12 36

167 451 386 140 135 173 95 350

137 453 395 137 130 191 86 363

97% 91% 92% 83% 92% 91% 88% 95%

25,249 85,288 74,655 18,812 24,655 26,956 19,793 95,329

21,972 75,977 69,880 17,604 22,562 24,821 14,986 89,220

3,265 7,096 4,775 1,208 1,909 2,135 4,807 4,703

12 2,215 - - 184 - - 1,406

20,474 71,826 63,752 15,662 19,867 23,490 14,598 86,960

2,669 5,581 4,252 949 1,670 1,961 4,768 4,589

- 1,038 - 0 0 - - 577

1,498 4,151 6,128 1,942 2,695 1,331 388 2,260

596 1,515 523 259 239 174 39 114

12 1,177 - 0 184 - - 829

23,143 78,445 68,004 16,611 21,537 25,451 19,366 92,126

2,106 6,843 6,651 2,201 3,118 1,505 427 3,203

2,037 7,125 9,168 1,730 1,862 3,630 1,440 9,121

1,832 5,557 7,769 1,334 1,346 3,308 1,411 8,857

205 1,568 1,399 396 516 322 29 264

8,628 26,513 28,253 7,018 9,995 9,792 6,622 30,069

78% 81% 83% 82% 82% 81% 83% 88%

88% 88% 86% 87% 85% 86% 85% 90%

93% 94% 87% 90% 93% 91% 93% 90%

55,250,053 162,451,535 128,200,249 42,677,489 41,686,039 52,396,641 30,949,959 113,048,965

26

3.2 Report on Performance

3.2.1 Strategic Planning Cycle

The Board of the Legal Aid Board approved the Legal Aid Board Strategic Plan 2006-2009 in November 2005. To implement this strategic plan and to realise the vision and mission of the Legal Aid Board, annual Business Plans are developed and executed. This Strategic Plan is reviewed annually to assess changes in the external and internal environment in which the Legal Aid Board operates. The changes in the external and internal context are taken into account in the development of each year’s business plan in order to ensure that the Legal Aid Board remains relevant and responsive.

The Vision of the Legal Aid Board is “A just South Africa in which the rights enshrined in our Constitution are promoted, respected, defended, protected and fulfi lled to ensure justice for all.”

And the mission is “To be a leading provider of quality legal services, ensuring effective access to justice for the poor and vulnerable, in an independent manner.”

This is to be achieved through the following outcomes and strategies:

Outcome 1: An effective and effi cient justice sector as is realisable within the Legal Aid Board’s mandate.

Outcome 2: Justice for all focusing on the poor and vulnerable thus ensuring that the Constitution is a living document for all the people in SA.

Outcome 3: A sustainable, effi cient and independent organisation fulfi lling its mandate.

Outcome 4: Citizens and communities committed to and living by the values of our Constitution.

Strategy 1: Deliver quality legal services and promote the protection and defence of our Constitutional rights.

Strategy 2: Develop and maintain the human capital to support the delivery of quality legal services.

Strategy 3: Develop and maintain the institutional capac ity to support the delivery of quality legal services.

The 2008/09 fi nancial year under review marks the completion of the third year of the three year 2006-2009 strategic planning cycle.

The Legal Aid Board Strategic Plan 2006-2009 and Business Plan 2008-2009 are available on request.

Between June and September 2008 the Strategic Plan 2009-2012 was developed, approved by the Board of Directors and submitted to the Executive Authority of the Legal Aid Board, the Minister of Justice and Constitutional Development, on 30 September 2008.

3.2.2 Presentation of Summary of

Performance

The 2008/09 business plan was developed with the aim of delivering on the outcomes within the three year strategic planning cycle. All staff signed performance contracts which were compiled from the business plan. Incentive bonuses are paid based on performance as detailed in the performance contract. This system provides for a highly measurable performance system required in terms of the Public Finance Management Act, Act 1 of 1999 (PFMA). The Directors have pleasure in reporting on the 2008/09 fi nancial year’s performance against the approved business plan. The highlights of the performance of the Legal Aid Board during the 2008/09 period are contained in the Executive Summary on page 5.

27

3.2.3 Detailed Annual Performance Report 2008/09

A detailed report of performance against the approved 2008/09 business plan follows:

STRATEGY 1: DELIVER QUALITY LEGAL SERVICES

Projects Targeted Outcomes Outcomes Achieved

Delivery Programme 1: Legal services delivery – assuring quality

MAINTENANCE PROGRAMMES (ONGOING)

D1-P1 Quality intervention programmes

Intervention programmes implemented to ensure the rendering of quality legal services to clients, as per Quality Assurance measures.

Regional legal audits conducted have confi rmed that the majority of JCs audited (95%) have fully implemented all quality assurance programmes.

Legal training stats – 56 hrs per CA & 36 hrs per PA.

Training for legal staff was done at multiple levels, ie. at Justice Centre, Regional and National level. All regions conducted quarterly CA beginner training programmes as planned.The composite training statistics are refl ected under Strategy 2. The training hours target for this year was exceeded (175%). Thirty (30) training courses were conducted with 1,381 attendees.

CA checklists implemented. Both Court Readiness Checklists and Pre-Admission Checklists are fully implemented at all Justice Centres.

Supervisory/ staff ratio monitoredCA/Sup = 4:1;Legal Staff/ Sup = 8:1

Staff/supervisory ratios are monitored on a quarterly basis. These ratios may vary based on actual recruitment levels. The current ratio achieved is 3 CAs to 1 legal supervisor and 6 legal practitioners to 1 legal supervisor.

12 Legal newsletters. The target of 12 Legal Newsletters was achieved. Twelve Child Law Issues were also published in this fi nancial year.

Increased practitioner consultation and preparation time.

Justice Centres set aside a day per week per practitioner for consultation and preparation. However all JCs have not been allocated the increased ratio of practitioners per court and hence the implementation of this programme has posed diffi culties at some of our Justice Centres. Regional offi ces monitor JC staff deployment plans to ensure that days are set aside for practitioners to adequately consult and prepare for their cases.

D1-P2 Quality assessment and monitoring

Monitoring programmes refi ned and maintained to improve the quality of legal services rendered by the LAB.Quality targets:CAs >= 80%PAs >= 85%HCU PAs >= 90%

The quality of all legal practitioners (case fi les and court work) is monitored and assessed by SPAs, Principal Attorneys and JCEs. This is cross audited on a sample basis by regional legal managers. The quality targets were achieved for all categories of legal practitioners: CAs - 83%; PAs - 87%; HCU PAs - 92%.

28



JC Performance Monitor target 90%.

The national average achieved on the legal aspect of the JC Performance Monitor as at the end of the fi nancial year was 91%. The score for the JC Performance Monitor (legal and non-legal) was 92%. Some of our Justice Centres experienced challenges with meeting case turnaround times as well as meeting their civil judicare targets.

Quality reviews - JC management (JCE/ Principal Attorney/SPA).

Quality reviews were done by all JCs for all their practitioners. The targets for the year for all categories of practitioners were achieved. The number of JCs that have achieved the targets has improved.

Quality reviews - Regional moderations.

Regions quality units audited 25% of their JC practitioners during each quarter. The regional audit scores were generally lower by a few percentage points to that of the Justice Centres. Feedback sessions with JC legal management/supervisory teams were conducted to discuss their scoring and to examine areas to focus on. The regional legal quality assessments as at the end of the year were as follows: CA - 82%; PA - 86%; PA HCU - 90%.

Court performance monitoring programme

CAs (Experience levels): 1-3 mths = twice per month;3-6 mths = once per month;6-12 mths = every two months;12-24 = Quarterly.

PAs & HCU PAs (Experience levels)1-3 yrs - Quarterly;3+yrs - Bi-Annually;>90% Quality Score = Annually.

All JCs conducted court observation reviews based on a model linked to practitioner experience. The year average court observation quality scores are as follows: CA - 85%; PA - 89%; PA HCU - 93%. It has been noted that the court observation scores are generally better than the fi le audit scores for most practitioners. Regional legal teams reviewed this aspect of JC monitoring and found that the majority of JCs have implemented proper controls to manage the performance of practitioners at court.

Judicial offi cer feedback. JC legal supervisory teams have interacted with the presiding offi cers of practitioners under their care to obtain feedback on areas where practitioner performance must be improved on.

Quality Assurance on legal services

Independent assurance provided on quality of service.

The appointment of a Legal Quality Assurance Manager and 6 Auditors was completed. Quality instruments for the evaluation of internal practitioners were developed, tested and refi ned through workshops held at the various regions. Instruments for the evaluation of Judicare Practitioners are in the draft phase. A legal quality audit coverage plan for the 2009/10 fi nancial year was developed.

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D1-P3 Quality legal services from a clients perspective

Increased interaction with and feedback to clients with regards their matters.

Detailed consultation notes were kept by practitioners on their fi les. These were reviewed by JC supervisors as well as regional legal teams during their quarterly quality reviews of practitioner fi les.

Client satisfaction surveys. Client satisfaction surveys were implemented. The scores as at the end of the fourth quarter indicate satisfaction levels in excess of 95% by LAB clients.

Client complaints addressed timeously (including all prisoner queries).

All prisoner letters received at the National Offi ce were recorded on a database and referred to the relevant JC for further action. During the year a total of 2,017 letters from prisoners were processed, excluding correspondence from prisoners sent directly to JCs.

D1-P4 Legal Research Appropriate research undertaken to better inform service delivery to clients.

A total of 38 research projects were completed during the year.

D1-P5 Legal Development Support

Implement and maintain legal support initiatives.

The legal research support initiative entailed weekly updates on developments in child law, support with drafting heads of argument, researching legal issues in matters involving children or telephonic/e-mail support on problems experienced in childrens matters.

Delivery Programme 2: Legal services - timeous delivery

MAINTENANCE PROGRAMMES

D2-P1 Reducing case backlogs

Interventions implemented to deal with LAB processes/procedures that have been identifi ed to contribute to case backlogs.

Research into the identifi caton of LAB factors impacting on case backlogs was undertaken. It was noted that the inadequate ratio of legal practitioners per court resulted in high case loads for practitioners. This impacted on their preparedness for trials. Our Justice Centres also do not have any relief staff componant to deal with any staff absence. This causes delays to cases on the roll for a staff member who is absent. All JCs were requested to review the applicability of this report to their JCs and to ensure that all recommendations are implemented as required.

Case backlogs at all identifi ed courts to be monitored and reduced.

Our JCs participated in the DoJ backlog courts project. There are 37 backlog courts and the LAB provided 2 practitioners per backlog court. Funding for this project has been provided by the DoJ. Backlog stats from a LAB perspective is compiled and sent to the DoJ on a monthly basis.

Individual tracking of long outstanding matters at courts.DC > 9mthsRC > 12mthsHC > 12mths

JC supervisors reviewed all pending matters that exceeded the permitted turnaround times to determine the reason for the delay as well as implemented measures that would speed up the fi nalisation of such cases where possible.

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D2-P2 Turn-around times for matters per court type

Case cycle times monitored and managed.DC = 6 mths (<20% matters)RC = 9 mths (<20% matters)HC =12 mths (<25% matters)Children matters <3mthsOther civil <12 mths

The age analysis of pending fi les was monitored on a continuous basis. The number of pending fi les that have exceeded their required turnaround times as per the Case Backlog Project are within our targets: 13% of District Court Matters were older than the 6 months; 16% of Regional Court matters were older than 9 months; 24% of High Court matters were older than the 12 months.

D2-P3 Pending and fi nalised matters

JC supervisory staff oversight of practitioner’s daily matters to ensure no unreasonable delays.

The number of matters pending per court type, as well as the number of matters exceeding targeted turnaround times, are tracked on a continuous basis. There was a steady increase in the number of pending matters over the year which indicates clearly that we are taking in more matters than we are fi nalising.

D2-P4 Case Flow management at JC and Court level

Appropriate use by JC supervisory staff of AI turnaround stats on pending matters of practitioners to ensure early detection of problems and implementation of appropriate interventions.

Practitioners are required to obtain their pending reports in order to focus on all matters that are pending for a long time. These reports are also used by their supervisors to monitor their pending reports. These Business Intelligence (BI) reports are currently being enhanced to allow a drill down capability so that practitioners can list the fi les that fall into a particular pending period. These reports will allow JC supervisors to make more strategic interventions on long outstanding cases.

Delivery Programme 3: Legal services delivery - increasing access


D3-P1 Criminal Courts Coverage

Legal representation at all criminal courts as per our mixed delivery system model.

Court coverage plans and staff deployment plans were prepared by all JCs/SOs monthly in advance. 100% of criminal courts are covered by JCs, either with in-house staff or through Judicare.

Applications for LA to be processed timeously.

All JCs process the vast majority of legal aid applications within 24 hours of receipt.

All appeals against refusal of legal aid processed as per LAG requirements.

Regions confi rmed that all appeals against refusal of legal aid are attended to by themselves as per the policy. In 2008/09 ROEs considered 744 appeals against refusals for legal aid and 42% of these appeals were successful.

New matter split per delivery system - JC (88%), Judicare (10%) & Co-op (2%).

JCs utilise the mixed model delivery system. The following is the breakdown for New Matters issued : JCs - 91%; Judicare - 8%; Co-op partners - 1%. The total number of new matters is 434,922. The target for the fi nancial year for new matters was exceeded.

The following is the breakdown for Finalised Matters issued : JCs - 93%; Judicare - 6%; Co-op partners - 1%. Finalised matters is 7% lower than new matters that have been accepted during the same period. Hence, the number of matters pending at the end of the year increased.

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Increased access for civil matters (dependent on civil resources allocated)Criminal/civil split = 87%/13%.

JCs were required to ensure that internal JC capacity/judicare budget is made available so that clients can be assisted in civil matters. 30,309 civil matters (7% of all new matters) were taken on. This was lower than our target of 13%. Limited civil capacity at JCs is the primary reason for not being able to achieve our target for civil work.

Increased dedicated capacity at reception/ channelisation courts.

Provision was made in all JC budgets to ensure 2 CAs per reception courts. However, where new reception courts were opened during the course of the fi nancial year, it was not possible to fi nd additional capacity for these courts.

Practitioner per court model managed.

JCs effected quarterly rotations of 25% of all their legal staff to ensure that practitioners have exposure to appearing before different magistrates, as well as to protect our independence. However, JCEs have now been permitted to extend this period to 2 years for PAs to be stationed at a court if this rotation of practitioners negatively impacts on the backlog situation at their courts.

Practitioner productivity targets achieved.DC = 275/yrRC = 175/yrHC = 75/yrSPA = 30/yrPr At = 15/yrJCE = 5/yr

CAs and PAs exceeded the targets allocated to them. This highlights that current demand is higher than our current resourcing capacity. Interventions will need to be taken to ensure that this does not impact negatively on the quality of work. Finalised rates in HCs indicate challenges with achieving targets.

Automatic reviews reduced. The numbers of automatic reviews have shown a gradual decrease year on year. The number of automatic reviews decreased by 12% from the previous year to 10,597 for 2008/09.

Leave to appeal, appeals and petitions timeously and effectively handled.

Leave to appeal applications are routinely done at the fi nalisation of a matter where a client has been convicted.

Legal Aid Courts implemented at all large magistrate courts, where practical.

Legal Aid Courts were promoted at all courts but only 13 full time Legal Aid Courts were operational in District Courts and none were implemented in the Regional Courts. 76 District Courts and 7 Regional Courts also dedicated specifi c court days to legal aid matters. Acquiring the buy-in of all Justice Cluster stakeholders at a local level to this programme was diffi cult.

D3-P2 Increasing access - criminal matters

Link with JIP visitation committees to ensure legal representation concerns of detained persons are addressed.

All JCs have been linked to a JIP visitation committee and attend their meetings as arranged. Dedicated paralegals have also been appointed at our large JCs to directly link with awaiting trial prisoners at identifi ed prisons with large numbers of persons awaiting trial.

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Prison link project maintained at identifi ed prisons with large numbers of ATPs.

The 20% of prisons that house over 80% of awaiting trial prisoners have been identifi ed and linked to the JCs responsible for their coverage. Dedicated paralegals have been allocated to 12 JCs to provide capacity to link with unrepresented accused housed in these prisons in order to encourage them to apply for legal aid.

Ensure that all children awaiting trial are monitored for legal representation as well as whilst they are still in custody.

A web based programme was implemented to monitor the number of children awaiting trial for extended periods. ROEs monitor JCs comments on all children awaiting trial for over 1 month and who are still in custody, in order for the appropriate action to be taken.

D3-P3 Children’s Matters (including unaccompanied foreign minors)

Proactive approach to ensure legal representation of children in all criminal matters.

Recruitment levels of children’s units were at 90% at the end of the fi nancial year. These units focus exclusively on providing representation to children in both criminal and civil matters.

Proactive approach to ensure legal representation of children in all civil matters as per S28 of the constitution.

Representation for children in both civil and criminal matters are prioritised. The total number of children assisted is 45,268 (civil matters - 5,279; criminal matters - 39,989). There was a decrease in the representation of children for both criminal and civil matters. Increased usage of diversion programmes is one of the primary reasons why the number of children assisted by us has reduced.

D3-P4 Specialist Courts LAB specialist capacity available at all commercial crimes courts.

Recruitment levels of our commercial crimes courts practitioners was at 100% at the end of the fi nancial year. However, the demand for our service at these courts has increased and additional staff resources will need to be acquired to match this demand.

LAB effective participation in all case fl ow committees for sexual offences and commercial offences courts.

JCs participated in all local case fl ow meetings, including specialist court case fl ow meetings. Regional legal teams monitor our participation and our effectiveness at these case fl ow meetings as part of their legal audits.

D3-P5 Civil matter coverage: Labour, Land & Housing, Equality, Family, Refugees Representation as per the LAG

Proactive steps to reach and meet the legal representation needs of labour tenants and farm workers.

JCs are required to actively network with organisations working with land related matters so that legal assistance can be provided. The LAB provided representation to clients in 4,139 land related matters.

Focused legal assistance to clients in labour court matters.

Specialist labour court PAs have been allocated to JCs linked to the labour court. The stats on legal representation for clients for labour matters at all our JCs is 1 622.

JCs to ensure access to equality court matters.

All JCs were required to identify and regularly interact with NGOs, CBOs and FBOs within their coverage area so that clients in need of legal representation for equality court matters can be referred to the LAB for assistance. Our JCs were also required to ensure that Court offi cials are sensitised to identify such matters so that they can be referred to the LAB. Legal representation was provided in 50 matters in the Equality Court.

33



D3-P6 Increasing access - civil matters

Back-up legal services to advice offi ces maintained.

Our linkage to advice offi ces has been negatively affected by many community advice offi ces closing down. By the year end 22 JCs were linking with 34 advice offi ces. A total of 1,990 clients had been consulted with by our legal staff at community advice offi ces.

Link with ward committees/ traditional structures/ public representatives constituency offi ces maintained.

Each JC was required to link to community structures including ward committees and other constituency offi ces for the purposes of publicising and improving awareness of LAB services.

D3-P7 Proactive delivery response to vulnerable groups

Proactive steps to reach and meet the legal representation needs of vulnerable persons.

All JCs were required to proactively link with relevant organisations within their coverage areas to improve access to each of the vulnerable groups (women, rural poor, landless, aged, people living with HIV/Aids).

D3-P8 Determining client need (forecasting demand based on client segmentation and services differentiation)

Client need research conducted.

This research was incorporated into the Civil Strategy document and the relevant data was captured in the Civil Strategy Report as well as the spreadsheet submitted to the DG of Justice relating to the civil demand stats.

D3-P9 Specialist Litigation Provision of legal representation through impact litigation with a special focus on:(I) children headed households and AIDS orphans(II) women(III) rural poor(IV) the landless and farm workers(V) socio-economic rights of the poor

8 new impact matters were approved for funding for external representation. Requests were received for additional funding in existing matters. 3 new impact matters submitted by Justice Centres were approved for the 2008/09 fi nancial year.

D3-P10 Pilot projects Review and formulate recommendations for consideration:Mobile clinics

After investigating the feasibility of mobile clinics it was decided that this project is not viable. Other options will need to be investigated.

Rural service delivery linking with practitioners in rural areas.

The project concept and a draft agreement has been fi nalised. Implementation will begin in the new fi nancial year.

D3-P11 Pro Bono Project Legal practitioners to render pro bono services to LAB clients once LAB accredited.

The Pro Bono project is still under discussion with the LSSA and the GCB.

D3-P12 Additional delivery mechanisms (ADR & general advice capability)

Increased use of formal and informal plea bargaining, where appropriate.

All practitioners were monitored by their supervisors on their efforts to make use of formal and/or informal plea bargains if this is in the best interests of their clients. Regions report very high use of informal plea bargains in criminal matters. However, the formal process is not used often.

34



Improved general advice capability at all offi ces to meet client need.

All JCs have paralegal capacity to ensure a general advice capability. Specifi c training has also been conducted to increase paralegals competency to provide an effective advice capability. As at year end general advice was provided in 113, 928 cases.

Delivery Programme 4: Legal services delivery – client centred

NEW PROJECTS (ONCE OFF)

D4-P1 Outdoor promotion 4 activities per year. An outdoor campaign which focused on the renewal of 21 billboards countrywide was embarked upon.


D4-P2 Client Relationship Management Programmes including client language focus

All JC staff that interact with clients to be appropriately trained in client relationship management.

Most professional staff have participated in client relationship management training sessions.

D4-P3 Communication in support of delivery

Community events, school interventions, radio, pamphlets, posters.

63 community events were conducted during the year.

Police holding cells and prison cells branded.

92 police holding cells and prison cells were branded during the year.

All court buildings appropriately branded with LAB key messages.

Ongoing monitoring was done at all courts to ensure that information desks and posters were updated and relevant. 63 court buildings were branded.

LAB key success stories to be highlighted in the local media.

71 LAB key success stories were highlighted in the media.

D4-P4 Corporate CommunicationsNational Omnibus

1 survey per year. The research was concluded and the omnibus report was received and noted by the Board.

Annual Newsletter 1 newsletter per year. The annual newsletter was designed, printed in eleven offi cal languages and distributed to over seven million households.

Media Releases 12 media releases per year. A total of 88 media releases were prepared and distributed.

Media Networking 4 media events per year. 53 media networking sessions were held.

Daily Media Networking

Daily media reports. Daily media reports were distributed to the Board and Management.

Website Improved and updated website.

The website was redeveloped in line with the organisation’s corporate identity.

D4-P5 Lobbying and advocacy to further interests of the LAB and or clients/potential clients

Interests of the LAB and/or its clients advanced with government stakeholders.

The LAB prepared submissions on the CJS Review including Minimum Sentences and Revised Appeals Procedures.

35



Delivery Programme 5: Build and maintain co-operative relationships with all relevant stakeholders


D5-P1 Increasing profi le of Legal Aid Board amongst stakeholders

LAB presence and participation at all Justice related events and functions. Event reports and 4 electronic stakeholder newsletters prepared.

Eleven events were attended, including partnering with the SAHRC for Human Rights month, attending and exhibiting at the SAHRC Conference and conducting visits to two prisons as part of the Human Rights Day commemorations. A national stakeholder forum was convened during the year. Three online stakeholder newsletters were distributed to all stakeholders.

D5-P2 Stakeholder relationship management - client community

Increased networking with client community to promote the services rendered by the LAB.

Ten local stakeholder forum meetings were conducted during the year.

Delivery Programme 6: Effectively networked with justice delivery stakeholders


D6-P1 Stakeholder relationship management - justice cluster

JCE visitation programme to increase networking with key stakeholder personnel including:(a) cluster and chief magistrates operating within local coverage area:(b) all regional court magistrates within coverage area.

JCEs visited stakeholders to discuss the LAB’s legal services delivery programme as it affects them with a focus on the quality of the service provided. Regional legal audits confi rmed that JCs maintain effective relationships with Justice Cluster partners.

D6-P2 Stakeholder relationship management - legal fraternity

Effective relationship with legal fraternity at local level developed and maintained.

JCs participated actively in legal fraternity initiatives at a local level.

Effective relationship with legal fraternity at provincial level developed and maintained.

Effective relationships were maintained by the regions with legal professional organisations.In addition to Provincial Law Societies and Bar Associations, constructive meetings were held with both the LSSA and GCB.

Active participation of LAB staff in legal fraternity events such as law society AGMs; Legal Circle meetings.

LAB staff are encouraged to participate in all legal fraternity events where possible.

D6-P3 Responsive to and co-operative relationship with legal professional bodies

Responsive to and co-operative relationship with legal professional bodies developed.

Quarterly interaction is required with all legal professional bodies. Our regions have reported however that notwithstanding their efforts to facilitate these quarterly contacts the provincial law societies are not always available to meet with them.

36



Delivery Programme 7: Contributing to an effi cient and effective legal justice system


D7-P1 Participation in legal justice system programmes and forums (including Case Flow management meetings)

JC participation in all local justice cluster forums such as Case Flow management meetings.

JCs participated in all local justice sector court effi ciency meetings.

D7-P2 JCPS Cluster Initiatives

Effective participation in all JCPS cluster initiatives.

LAB participated actively in JCPS cluster initiatives as required.

National Integrated Case Flow Management

Effective participation in National Case Flow Management Forum.

The LAB participated in the National Case Flow Management Forum.Our representatives also participate in the team that is tasked with reviewing the casefl ow management guidelines.

National case fl ow management recommendations implemented at local LAB offi ces.

Recommendations from National Case Flow Management meetings were discussed and where necessary implementation was initiated.

Court Case Backlog Task Team

Effective participation in Case Backlog Task team.

LAB participated in both the national as well as local court backlog task teams.

Court Backlog task team recommendations implemented at local LAB offi ces.

37 backlog courts were in operation countrywide. The LAB employed additional contract employees to service these courts from additional funding received from the DoJ for this purpose.

Integrated Child Justice Cluster Committee

Effective participation in child justice forums at national and provincial levels.

The LAB participated in child justice forums. All legislative issues relating to children are discussed at this committee and the LAB furnished input to these processes including regulations to the Childrens Act and the Child Justice Bill.

National Project Oversight Committee(NPOC)

Effective participation in the NPOC forums relating to oversight over new and temporary courts.

The committee was tasked to deal with the establishment of new and dedicated courts for the duration of the World Cup 2010.

2010 FIFA Soccer World Cup Task Team

Effective participation in the 2010 FIFA World Cup Task Team.

The committee is in the process of preparing a blueprint for dealing with criminal cases in 2010 which will be submitted to all role players for approval. Regional representatives have been appointed to participate in all regional teams planning for this event.

37



Minister’s Extended Management Exco

Effective participation in the Minister’s Extended Management Exco.

The Minister’s Management Exco was attended by the CEO, COO and other executives as required.

D7-P3 Criminal Justice Review

LAB participation and input in the CJS review.

The LAB submitted the fi nal submissions to the CJS Review Research Team. In addition, the Paper on the Minimum Sentences and Appeal regime was also submitted to the Research Team.

D7-P4 Legal Services Charter (LSC)

LAB participation in the LSC development.

Since the document was presented to the Minister in quarter three of the last fi nancial year, the scorecards are still being developed and discussed.

Delivery Programme 8 : Promotion of an understanding of the Constitutional values as espoused in Section 1 of the Constitution and the protection and defence of those values relating to access to justice amongst all the people in SA

D8-P1 Community Outreach Programmes on Rights and Responsibilities

Public education programmes arranged by JCs to ensure better informed clients/ communities.

118 public lectures were conducted, 116 Fair Play events were held and 6 community events which focused on key social problems were held.

D8-P2 Public Education and communication with clients, potential clients and communities

Public education programmes developed and implemented.

Public education programmes were implemented as part of the outdoor campaign such as billboards and murals.

D8-P3 Strategic positioning of the LAB as a key Constitutionally mandated entity

Identify opportunities to improve the strategic positioning of LAB.

The results of a communications audit were analysed and interventions to improve the profi le of the LAB were implemented. A brand strategy and revised corporate identity were also developed during this year.

38

STRATEGY 2: DEVELOP THE HUMAN CAPITAL TO SUPPORT THE DELIVERY OF QUALITY LEGAL SERVICES

Projects Targeted Outputs Outcomes Achieved

Corporate Programme 1: Organisational Culture (x-ref Strategy 3: Corporate Programme 6)


C1-P1 Structured programme of OCP events and activities

Organisational Culture Plan: 2008/09 implemented according to a programme of regular activities.

OCP activities took place over the fi nancial year focusing on various value-centred activities. A total of 11 activities were facilitated and 90% of the organisational culture programme initiatives were achieved.

Build understanding & ownership of LAB Vision, Mission, Brand & Values

Improved culture and people aligned to delivery on strategic plan OCP.

The vision, mission and values were revised as part of the strategic planning process. Employees contributed to the revision as part of the justice centre and regional strategic planning workshops.

Storyboard of successes developed

Improved culture, awareness and positive points of reference linked to LAB values.

The Legal Aid Board success stories were published on the intranet and distributed to staff. A total of 30 success stories were published.

LAB culture contributing positively to LAB attraction and retention processes

Employment practices reviewed and benchmarked for improved attraction and retention.

The LAB employment practices were benchmarked against the best practices contained in the CRF Best Employers Survey 2008 and were found to be largely in line with mainstream practices. During Quarter 4, preparations started for the LAB’s entry into the CRF Best Employers Survey 2009.

Corporate Programme 2: Developing People Capacity / competencies


C2-P1 Staffi ng plans for Legal Service Delivery and Support Services

Adequately staffed business units.

Organisational structures were updated in the SAP system continuously. A process was implemented to review and quality check information as part of the implementation of the SAP training and events module.Position profi les are in place for all approved posts.

C2-P2 Skills development Submission of a relevant and responsive revised annual training plan.

The revised annual training plan was completed.Training plans were distributed to all regions and training is monitored. A combination of both legal and support training intervention conducted in the regions is provided each month.

C2-P3 Identifi cation & development of competencies for legal service delivery

Skills gap determined. Skills audits are resource intensive and will be conducted when funds are available. In the interim the training gap is being identifi ed from the IDPs and the business needs.

Competency profi les. The competency profi les of all legal practitioners was fi nalised in the previous fi nancial year and it is envisaged that the skills audit will be done in phases commencing with a skills audit of the HCU practitioners skills.

Training curriculum developed.

A detailed training plan/curriculum has been developed and it is being updated and approved as new training programmes are developed.

39



Training programme implementation.

The training programme has been implemented. The training unit set a target of 10 hours of Continuing Legal Education per practitioner that it should present. There were 1563 legal practitioners positions (including para-legals) and this sets a target of 15630 hours training per annum that should be presented. 175% of the annual target was achieved in this fi nancial year.

C2-P4 Identifi cation & development of competencies for support of legal services delivery

Non-legal skills gap determined.

A process of developing an alternate process to implement the skills audit is underway.

Competency profi les developed.

Competency profi les are in place for all support staff.

Training curriculum developed.

The support staff training curriculum was developed.

Training programme implementation.

The non-legal training programme continued on schedule and exceeded the target of at least 90% of support staff receiving training (494). 1,271 staff received non-legal training during the fi nancial year.

Monitoring and evaluation of training programme.

The programme is monitored and evaluated on an ongoing basis.

C2-P5 People Development including: Succession Planning; Career Pathing and Planning; Learnerships; Mentorships, Bursaries; Coaching; Grading Programme; Skills Development

Review Succession Plan for all critical positions identifi ed.

Personal Development Plans sourced from Performance Appraisals (April 2008) were included in the training plan for all support staff.The succession planning programme was revised to include the identifi cation of a more manageable number of candidates, the development of a formal executive development plan, improved mentoring and coaching and improved programme management. Critical roles were advertised and the selection process was completed. The Wits Business School was appointed as service provider for the provision of an executive development programme, which commenced in Quarter 4.

Career path options documented per position.

The opportunity to counsel and advise staff during the bursary application process was undertaken.The legal career path was updated to refl ect the OSD changes during Quarter 3. The non-legal career path was updated during Quarter 4.

LAB learnership concept. The learnership concept document which provides a guideline for the implementation of learnerships within the LAB, is now in place.

Implementation plan. Assessor training is conducted in conjuction with SASSETA and all LAB staff are provided with an opportunity to undergo the training. To date the majority of staff trained were legal professionals. Moderator Training was conducted at Pretoria for Regional Principals and Regional SPA’s.

40



Bursary programme implemented.

116 employees were allocated bursaries during the year under review. A total of R403,136 was distributed for this purpose.

Corporate Programme 3: Strategic Planning and Leadership


C3-P1 Strategic Plan 2009-2012 Strategic Plan 2009-2012 developed in consultation with internal and external stakeholders.

The desk top research was completed in quarter one. Internal and external workshops were held. The Strategic Plan 2009-12 was approved by the Board on 20th September 2008 and submitted to the Executive Authority on 30 September 2008.

C3-P2 LAB Transformation Plan Transformation agenda incorporated into strategic planning of LAB.

The transformation agenda was incorporated into the strategic planning process.

C3-P3 Developing and implementing a leadership programme

Leadership Development plan for improved leadership by Managers/Executives.

The Leadership Development programme was completed.

Corporate Programme 4: Innovation and Learning


C4-P1 Developing a learning organisation - research and development; knowledge management

LAB knowledge management implementation.

A knowledge management strategy was developed resulting in four distinct programmes being identifi ed. Programme project teams were identifi ed and project plans developed for implementation in the 2009/10 fi nancial year.

C4-P2 Create an innovative organisation

International relationships developed to keep abreast of international best practice in legal aid delivery.

All research reports consider international trends in legal aid and legal services delivery. These are included as a comparative analysis in the research reports.

Provide support to the development of legal aid systems in developing countries especially in Africa.

Delegations from Botswana, Rwanda, Uganda and Mongolia were hosted during the year.

41

STRATEGY 3: DEVELOP THE INSTITUTIONAL CAPACITY TO SUPPORT THE DELIVERY OF QUALITY LEGAL SERVICES


Support Programme 1 : Asset Management (infrastructure and equipment)


S1-P1 Effi cient management of infrastructure: National Offi ce, Regional Offi ces, Justice Centres and all other offi ces

Capital maintenance and replacement programme.

Infrastructure in all offi ces was maintained.

S1-P2 Effi cient management of all fi xed assets

Monthly reconciliations. The asset register was reconciled to the general ledger up to the end of March 2009.

S1-P3 Effi cient vehicle fl eet management

Controlled fl eet management costs.

Fleet management was reconciled and posted on a monthly basis.

Corporate Programme 5: Risk Management


C5-P1 Quality Assurance on legal services

Independent assurance provided on quality of service.

The Legal Quality Unit was established within the Internal Audit Department.


C5-P2 Risk management programme

Strategic Risk Management Plan reviewed and consolidated with SCAs (Self Control Assessments).

The Annual Risk Management Plan was completed.

Updated operational risks linked to departmental control self assessments.

Operational risks were updated and maintained on the Sharepoint system for the Justice Centres.

Implementation of Risk Management Plan to top 13 (key) identifi ed risks

Effective mitigating controls implemented.

The current top 13 risks were reviewed and managed. New risks were identifi ed during the strategic planning workshops.

4 quarterly reports with analysis of Risk Trends, assurance on the integrity of the risk review process and the integrity and completeness of risk management process tabled at the Audit Committee.

Four quarterly reports were tabled at the Audit Committee meetings.

Insurance Short Term Cover in place. Short term insurance was in place for the fi nancial year. All short term policies were in place for 2009/10 by 31 March 2009.

Long Term Cover in place. All group life cover remains in place until 31 July 2009.

42



C5-P3 Fraud management programme

Fraud prevention strategy reviewed.

The Annual Fraud Prevention Strategy was completed in Quarter 4 of the fi nancial year.

C5-P6 Audit coverage plan responsive to risks and monitoring compliance and controls including JC & Dept-SCA (include management measures)

Value adding plan in place which ensures risks are accurately rated.

The Audit Coverage Plan was completed in Quarter 4 of the fi nancial year.

35 Compliance Audit Reports issued.

37 Compliance Audit Reports were completed.

8 Computer Audit Reports issued.

9 Computer Audit Reports were completed.

8 Performance Audit Reports issued.

7 Performance Audit Reports were completed.

18 Standard Audit Reports issued.

I7 standard audits were completed. This includes 4 governance, 2 data and 4 PFMA reviews.

8 Forensic Audit Reports issued.

8 Forensic Audits were completed.

8 Quarterly reviews conducted.

8 Reviews were completed (4 Risk and Fraud and 4 BAC Reviews)

C5-P7 Audit fi ndings registers Internal audit fi ndings register.

The internal audit fi ndings register is tabled monthly. Of the 341 fi ndings raised in 2008/09, 34 fi ndings remain outstanding. 8 IT audit fi ndings raised in the 2007/08 fi nancial year are being implemented.

External audit fi ndings register.

The fi ndings of the 2007/08 audit by the Auditor-General were all attended to.

Support Programme 2: Procurement and Payments


S2-P1 Supply Chain Management (SCM) (Procurement)

Updated preferred suppliers’ database BEE system in procurement implemented and monitored.

The Supply Chain Management Policy is in place and was reviewed and aligned to National Treasury guidelines.

Comprehensive supplier database

National and regional reports.

Monitoring is done manually in the absence of an electronic vendor masterfi le being updated with BEE information. Reports are submitted to National Treasury monthly.

Bid Adjudication Committee Contracts in excess of R200 000 to be monitored by BAC to ensure timeous processing of tenders.

BAC meetings monitored contracts and the BAC was effective and functional.

43



S2-P2 Creditors and judicare payments

Payment of creditors within 30 days of invoice.

Trade creditors accounts were paid timeously. 99% of trade creditors accounts were paid within 30 days of invoice date.97% of judicare accounts were paid within 30 days of receipt.The remaining 3% were overdue as a result of the following:- The system was not available when there was a

change over to VPN. - The December closure.

S2-P3 Effi cient and timeous payment of salaries

100% timeous payment of employees and related benefi ts.

All employees were paid timeously.

S2-P4 Effective debtors management

Reduction of outstanding debt in excess of 60 days.

Total external debtors reduced by 33% when compared to the previous fi nancial year. Debt in excess of 60 days decreased by 73,5% compared to the previous fi nancial year.

Corporate Programme 6: Employee / People Centred Programmes (x-ref with Strategy 2: Corporate Programme 1)


C6-P1 Developing and implementing people centred programmes

Legal Aid Board Diversity Management Plan developed.

An activity was implemented which resulted in the building of a diversity scorecard for the LAB. This scorecard will guide diversity programmes in the 2009/10 fi nancial year.

C6-P2 Recruitment and retention programme

Attraction and retention strategy.

Overall recruitment for the fi nancial year (legal and support staff) was 94%.A Recruitment and Retention Strategic Framework was developed and approved by Management Exco.

C6-P3 Reward and remuneration programme

Salary and reward aligned to best practise.

OSD implementation commenced in respect of legal posts. An independent consultant was appointed to undertake a pay-curve analysis in respect of non-legal posts and the Board approved the re-grading of specifi ed posts with effect from April 2009.

C6-P4 HIV/AIDS Programme Sustainable programmes developed.

Implementation of the HIV/AIDs programme was overseen by the Health and Employee Wellness Committee.

44



C6-P5 EE Plan Diverse workforce in line with annual targets to achieve EE goals.

An audit of the Employment Equity 5 year plan was completed. An implementation process began in respect of recommendations.

Regional EE Committees in place and functioning effectively.

Management Exco approved the establishment of a single nationally elected representative Skills Development and Employment Equity Committee. Elections took place and the Committee meets on a quarterly basis.

EE progress tracked and reported on.

The implementation of OSD in quarter three impacted on the employment equity data for quarter four in that all court management staff (CM1) moved to the senior management level from professionally qualifi ed level. This negatively infl uenced the under-representation for African female staff at senior management level. There was generally a shortfall in female representation, while African male representation was in excess of target. The upper level still indicates a challenge in meeting targets in respect of females while the lower level indicates more than adequate labour pools resulting in the targets regarding females being exceeded.

C6-P6 Employee relations programme

Compliance with workplace legislations, best practice and policy, inclusive of people centred practices.

A labour law management training programme on managing incapacity due to ill-health and managing poor performance was undertaken for managers and JCEs. Labour relations training on an overview of labour law and labour relations practices in the LAB took place. Two Labour Relations Management Newsletters were issued during the year dealing with the following topics :* Dealing with LAB offi cials who unlawfully take money

from clients* Managing incapacity due to ill-health* Insubordination - failure to carry out a lawful

instruction * Absence without leave.

The cases of Discipline, Grievances and External Disputes during the 2008/09 fi nancial year are as follows: Disciplinary Matters 116, Grievances 23 and External Disputes 27.

Formal engagement with unions.

Relations with recognised trade unions remained constructive.

C6-P7 Internal Communications Programme

Internal communications strategy and plan.

The Internal Communications Strategy was revised and implemented. The development and distribution of an informative LAT newsletter, relevant messaging through SMSs, payslips and teasers on AI continued during the year.

45



Corporate Programme 7: Executing Legal Aid Board Strategies


C7-P1 Business Plan 2009/10 Business Plan 2009/10 informed by past year’s performance and strategic plan 2006-2009 & 2009-2012.

The Business Plan 2009/10 was submitted to and approved by the Board in quarter three.

C7-P2 Management systems and organisational structures consolidated and reviewed and improved

Implement revised structures.

Organisational structures are in place for all business units. A revised organisational structure for 2009/10 was approved by the Board in November 2008.

Delivery Programme 1 (continued): National infrastructure for delivery of legal services (x-ref: Strategy 1)


D1-P14 Infrastructure and resource management

Staffi ng capacity to courts linked to the demand emanating from each court.

Enhancements to the AI system were done which makes it mandatory that the court room details of all matters is recorded. Demand stats are obtainable with regards to matters issued from Quarter 4. These stats will be used to match the supply of practitioners to courts.

Staffi ng ratio to court increased to allow for increased practitioner consultation/ preparation time.

The court ratio report was reviewed during January 2009. Nationally, our ratio for regional courts is 1.18 practitioners per court and at the district courts the ratio is 1 practitioner per court. An analysis was done at the end of quarter three to determine the possibility of moving resources to better cope with demand. A number of posts were reallocated amongst Justice Centres as a result of this review.

Dependence on CAs to fulfi l LAB mandate reduced.

At the end of the last fi nancial year the Board approved the document on the Review of the CA model, as well as the conversion of 47 CA posts to PA posts for the new fi nancial year to address the programme to convert CA post to PA posts at satellite offi ces as well as to cater for JCs that have problems recruiting CAs. Recruitment to replace these CAs at both Satellite Offi ces as well as where there are recruitment problems was done.

Investigate and develop model for the use of legal interns within a JC environment.

A model for the use of interns was approved and the Legal Aid Board was allocated 48 support interns by SASSETA, directed at unemployed matriculants who will render legal administrative offi ce support. The interns commenced with their internship at National Offi ce and some Justice Centres during quarter four. The stipend is paid by SASSETA.

Existing JCs and satellite offi ces effi ciently maintained and managed.

Maintenance programmes are in place to address all problems that arise from time to time. Internal audit teams monitored the state of maintenance. It was reported that some offi ces which were last refurbished approximately 5 years ago need maintenance.

National footprint. The implementation plan for year 2 of the LAB National Footprint expansion programme was at an advanced stage of completion. All projects planned for the fi nancial year were completed. 3 new Justice Centres and 8 new Satellite Offi ces were opened.

46



Investigate additional service delivery options for rural areas to increase access and coverage including the running of mobile satellite offi ces.

Regions have identifi ed areas where agency agreements with practitioner fi rms may be more appropriate. Contracts to implement such an agreement were developed and approved. A RFP was published to invite private practitioners to bid for these agency agreements.In addition, a proposed project to link civil practitioners to the Thusong One-Stop Offi ces, Magistrates Courts and pension pay points in rural areas is being investigated.

Delivery Programme 9: Managing Judicare & Co-operation Agreements


D9-P1 Judicare instructions management

All judicare instructions issued in terms of the accreditation policy.

All instructions are issued through the accreditation module on AI. The approval of increased fees is catered for as per the approval framework. Quarterly reports are produced and are considered by the Legal Services Committee of the Board.

Judicare provisions Judicare provisions schedule.

Judicare commitments and payments for the year were reviewed on a weekly basis and regions were required to monitor this against the budget available. On a quarterly basis, the Judicare contingent liability status was determined to monitor whether this was properly provided for and to make adjustments as required.

D9-P2 Judicare quality management Quarterly progress reports received and reviewed for all judicare fi les.

A Judicare quality management strategy that focuses on managing case turnaround times was implemented during the last fi nancial year. This is monitored and where gaps were identifi ed the regions followed up with these JCs.

Judicare practitioners requested to provide reasons and intervention plans for all cases that are pending for periods in excess of targets for type of court their matter emanates from.

JC management requested all judicare practitioners to provide reasons, as well as interventions, for all cases that have exceeded their turnaround times. Regional legal teams audited this requirement. Only 4 JCs (7%) have been identifi ed as having problems with implementing this requirement.

D9-P3 Judicare supplier relationship management at JCs

Judicare accounts processed within 7 days of invoice received at JC.

More than 97% of accounts were paid within the 30 day period of receipt of statement at our JCs. Where account payments are delayed, this can be traced back to problems with documentation or incomplete documentation submitted by practitioners.

All judicare accounts verifi ed against charge sheets before processing for payment by PPU.

All judicare practitioners are required to provide the charge sheets when submitting their accounts. These are checked at the JCs to ensure that the accounts are correct. Where there are a large number of accounts being processed by a JC, a sample of these accounts are checked against the charge sheet. An electronic checklist which must be completed before an account is processed, seeks confi rmation from the JC that the charge sheet was verifi ed against the account.

47



Judicare practitioner communications/ enquiries managed.

The management of the relationship with Judicare practitioners was delegated to JCs. As part of the relationship development programme, all JCs hosted practitioner briefi ng sessions.

Judicare newsletter. Legal Aid News, a publication for Judicare practitioners were produced twice during the year.

D9-P4 Co-operation partners relationship management including quality

Co-operation partner agreements effi ciently managed by regions.

There were a total of 6 active co-operation partner agreements as at the end of the fi nancial year.

Corporate Programme 8 : Budgets and Financial Accounting


C8-P1 Annual Budgets Consolidated budget within the approved allocation.

The 2009/10 Budget was approved by the Board in February 2009.

C8-P2 MTEF Single spreadsheet for MTEF and budget making provision for new projects.

The MTEF was approved by the Board at the July 2008 meeting.

C8-P3 Managing expenditure Expenditure controlled with the parameters of 12 month expenditure plan including budget transfers (expenditure within 99,5% of budget).

The Finance MIS is available on a monthly basis. Expenditure as at end of March 2009 was 99,4% which is on target.

C8-P4 Audit by Auditor-General AFS approved by Board to A-G & NT by end May 2008. Final AFS to AG by July 2008.

The Draft AFS was approved by the Board and submitted to the Auditor-General and National Treasury by 31 May 2008. The fi nal AFS was approved by the Board on 26 July 2008 and submitted to the Auditor-General.

C8-P5 LAB Trust Fund Trust Fund SOPs. Standard Operating Procedures for the management of the Trust Account was approved by the Board.

Corporate Programme 9 : Management Information


C9-P1 Management Information Systems/ Dashboard

Management information Dashboard.

A Corporate Dashboard was in place and the information was reviewed by the Board quarterly.

C9-P2 Management information on all aspects of business

Quarterly progress reports.

Management information reports were prepared.

Corporate Programme 10 : Governance


C10-P1 Effective functioning Board and Committees providing strategic leadership

Board and Committeesconvened and held timeously.

The Board and Committee Agenda content was monitored to ensure compliance with the corporate governance timetable. Board and Committee meetings were convened and held timeously as per the schedule.

48



C10-P2 Governance Instruments - monitoring and reporting

Board governance instruments maintained/ reviewed timeously.

Governance instruments were reviewed timeously by the Board.

C10-P3 Reporting and accountability to shareholder/Executive Authority

Quarterly report submitted to DoJ.

Quarterly reports were submitted to the Executive Authority after being reviewed by the Board.

C10-P4 Building good governance practices amongst employees and management

LAB Approval Framework, corporate governance programme implemented.

The Approval Framework was reviewed and approved by the Board during the third quarter of the fi nancial year.

Corporate Programme 11 : Performance Management


C11-P1 Developing and implementing organisational and individual performance management system aligned to strategies and programmes

Performance Contracts developed from Business Plan.

The 2008/09 performance contracts were completed.

C11-P2 Monitoring performance to ensure delivery of programmes and realisation of outcomes and objectives

Performance reviews for 2008/09.

The year-end reviews for 2007/08 were completed in quarter one and the mid-year reviews for 2008/09 were completed in quarter three.

Corporate Programme 12 : Legal Aid Board Policies and Procedures


C12-P1 Redrafting Legal Aid Act Ensure that steps are taken to engage the DoJ so that the new Legal Aid Act is promulgated and operationalised.

A draft Legal Aid Bill was prepared by a combined DoJ and LAB Task Team. The draft was approved by the Board but it is envisaged that the Bill will only be fi nalised within 18 months from the appointment of the Cabinet after the 2009 National Elections.

C12-P2 Update of Legal Aid Guide Parliament approval of 2008 LAG facilitated.

The 2008/09 Legal Aid Guide (LAG) was tabled in Parliament and ratifi ed by the National Assembly on 23 October 2008 and by the National Council of Provinces on 11 November 2008. The LAG 2008/09 came into operation on 10 February 2009.A plain language Clients’ version of the LAG 2008/09 has been developed for distribution to clients and all stakeholders. It has also been translated into 7 of the offi cial languages.

Quarterly update of LAG. Circulars were prepared and submitted to the Board for approval as required. The Legal Aid Tarrifs were reviewed and the Board approved increases in the tariffs for implementation from 1/4/2009.

C12-P3 Maintain the Legal Aid Board Policies and Procedures Manual including fi nance, HR, corporate and other

Policies updated to statutory requirement business needs, good governance practices.

46 policies were reviewed by the Board at its meetings, the target was 41 policies.

49



C12-P4 JC Manual and Standard Operating Procedures (SOPs)

Revised SOPs to ensure that they align with current policies and procedures.

Legal SOPs were reviewed to ensure that they provided for the High Court Units.

Support Programme 3 : Developing the IT Platform


S3-P1 Maintain stable IT software platform

Desktop software and peripherals maintained End-user problems resolved.

The Backup Generator was tested regularly.

Maintain stable IT hardware platform

Server management & maintenance (hardware, environment).

As at the end of quarter four of the fi nancial year, the IT system had in totality been down for no more than 6 hours, totalling individual server downtimes. This performance has enabled the organisation to achieve a 98.06% uptime on all systems.

Maintain stable IT network infrastructure

Network management and maintenance and monitoring.

The network (diginet and VPN) was fairly stable. The roll-out of the VPN, as per the IT Investment Plan approved by the Board, was completed. This will improve the Network capacity in the regions.

Comprehensive policy on IS Risk

Review and maintain IS related policies and procedures.

Group policy was maintained according to IS policies.

Physical security Maintained Fingerprint Scanner DatabaseMaintain IS CCTV and enhance capacity.

Access to IS is strictly managed via access cards and fi ngerprint scanner. A manual system of visitor sign-ins was instituted. CCTV records monitored movements in and out of department door.

End user support provided effi ciently and effectively

Logged calls attended to within the timeframes specifi ed in SLAs with user management (dependant on complexity and priority).

During 08/09 the Helpdesk turnaround time was fairly consistent. The turnaround time was 82%, whilst the annual target is 95%. New staff employed in February 2009 will help improve our delivery in this respect.

Minimal malicious network traffi c

Uninterrupted services. There was no interruption of services due to malicious attacks on the system due to our antivirus and mail-marshall software policing our mail servers.

IT Control Environment IT control environment review.

All applications were reviewed with Internal Audit. All outstanding items on previous audit were resolved by quarter three. Changes were implemented where applicable and as at the end of quarter four the focus was on clearing outstanding issues.

S3-P2 Initiating and implementing enhancements that are innovative and responsive to business needs

Enhancements (new projects) required identifi ed and feasibility tested.

There were 27 enhancements implemented on the AI system.

Project plan. A project plan of current enhancements list was prioritised by the AI project team.

50



Envisaged enhancement researched.

All specifi cations were discussed with the Business Analyst before developments commenced.

Enhancements implemented according to Change Management policy.

Twenty seven enhancements were implemented. Development and testing was conducted according to our change management procedures and documented.

Input and ideas/ feedback from users obtained periodically.

The list of enhancements gathered all the ideas and inputs and presented the list for the team to work from. The change management portal provides an audit trail of these changes and their implementation details.

S3-P3 Managing IT risk Firewalls and Intrusion Prevention/ Detection implemented monitored and managed.

No exceptions were reported by the fi rewall. The fi rewall software has been upgraded to the latest available version of the software, thus ensuring that the systems remain safe from all known threats.

Known vulnerabilities on servers and desktops audited.

Microsoft patching of 50 servers with critical MS patches and updates was ongoing and the majority of the servers were up to date with the latest patches.

S3-P4 Computer training Specifi c nominated users trained on use of STT training tool “external”/ other computer training initiatives co-ordinated.

The STT position has not been fi lled since the last fi nancial year. Support in the form of granting access to the system was given.

Support Programme 4 : HR Administration


S4-P1 Extending access to SAP to justice centres

Readily available HR data at JC level.

Implementation of a leave self service module was investigated.


S4-P2 Capturing and maintenance of personnel data

Readily available HR data. HR Standard Operating Procedures were in place for capturing of personnel data.

S4-P3 HR support/ employee HR help desk

Fully functional help desk. The establishment of the HR functional helpdesk was completed.

S4-P4 Job evaluation and grading Staffi ng plans according to approved structures.

7 posts were regraded during Quarter 2 and 16 in Quarter 3 bringing the total number of posts graded to 23 for the 2008/09 fi nancial year.

51



Support Programme 5 : Corporate Legal and Administration


S5-P3 Purchase of Legal Aid House Finalise purchase of Legal Aid House.

The ownership of the property was transferred to the Legal Aid Board and all utility accounts are in the name of the Legal Aid Board.


S5-P4 Corporate Legal Services/ Contracts

Contracts drafted & vetted timeously.

Eight contracts were pending at the end of the fi nancial year.

S5-P5 Corporate Litigation Actions instituted defended without judgement.

266 litigation matters and 142 arbitration matters were on hand at the end of the fi nancial year. There was relative stability in terms of the number of matters on hand.

S5-P6 Maintenance of Corporate Administration; Document & Records Management Policy and Procedures; Corporate Archives

Accurately indexed electronic documents accessible to all users.

The process of the review of the Records Management Policy was started.

S5-P7 Corporate Administration Documents scanned, indexed and stored electronically.

The scanning project was completed, 15,660 fi les scanned, indexed and destroyed.

Support Programme 6 : Strategic Position of LAB

NEW PROGRAMMES

S6-P1 Corporate Communications developing and marketing the LAB brand

Corporate communications programme implementation.

Press releases and media responses which focused on updated key messages were prepared and distributed. An integrated communications plan was developed and implemented.


S6-P2 Strategic Positioning of LAB To position the LAB as an important stakeholder within the legal justice system as an independent provider of quality legal services.

Successful national and provincial stakeholder forums which discussed the LAB strategic plan for 2009/12 were held during quarter two of the fi nancial year.

S6-P3 Managing key strategic risks Monthly risk heatmap indicating areas being managed and areas not managed.

Exception reports were being produced and discussed at Management Executive Committee meetings.

4 ANNUAL FINANCIAL

STATEMENTS

53

4.1 Corporate Governance Arrangements

Introduction

The Legal Aid Board ensures that its processes and practices are reviewed on an ongoing basis to ensure compliance with the legal obligation to use funds in an economic, effi cient and effective manner, and to adhere to good corporate governance practices that are continually benchmarked with local and international standards. Processes are underpinned by the principles of openness, integrity and accountability, and an inclusive approach that recognises the importance of all stakeholders with respect to the viability and sustainability of the Legal Aid Board.

Corporate governance is concerned with structures and processes for decision making, accountability, control and behaviour. It starts at the Board of the organisation and this sets the tone for behaviour down to operational level at Justice Centres.

The Legal Aid Board complies with the requirements of the Public Finance Management Act, Act 1 of 1999 (PFMA) and the Legal Aid Act (Act 22 of 1969), as amended. In addition, the Legal Aid Board has implemented the recommendations of the King Report on Corporate Governance for South Africa 2002 (King II Report) including the Code of Corporate Practices and Conduct contained therein and the Protocol on Corporate Governance in the Public Sector 2002.

Governing Bodies

The Legal Aid Board is governed by a Board of non-executive members commonly referred to as the Board of Directors. The Board of the Legal Aid Board comprises 18 non-executive directors appointed by the Minister of Justice and Constitutional Development. They are drawn from diverse backgrounds and bring a wide range of knowledge, experience and professional skills to the Board. The term of offi ce of the non-executive directors is three years.

Composition of the Board as at

31st March 2009:

• Judge Dunstan Mlambo

(B Proc (University of the North))

A Judge of the Supreme Court of Appeal of South Africa, as well as Chairperson of the Board of Directors for the Legal Aid Board since October 2002. Judge Mlambo’s tenure was extended with effect from 01 October 2007 for a further three year term. Judge Mlambo also Chairs the Executive Committee of the Board.

• Dr Len Konar

(B Com (University of Durban-Westville), CA (SA),

MAS (Illinois, USA), D Com (South Africa))

Chairperson of the Audit Committee of the Legal Aid Board and consultant in private practice. Dr Konar also serves on the Executive Committee of the Board.

• Mr Motsamai A. Makume

(B Juris (University of the North))

A practising attorney and member of the Law Society of South Africa. Mr Makume serves as Chairperson of the Legal Services Committee and is also a member of the Executive Committee of the Board.

• Mr Jan Maree

(B Com LLB (University of the Free State))

A practising attorney and member of the Law Society of South Africa. Mr Maree serves as Chairperson of the Remuneration Committee and is also a member of the Executive Committee of the Board.

• Adv Pieter A du Rand

(B Proc (University of the Free State), LLB (UNISA))

Chief Director for Court Services in the Department of Justice and Constitutional Development.(Alternate representing Advocate M Simelane – Director General for Justice).Advocate Du Rand serves on the Legal Services Committee of the Board.

• Ms Ela Gandhi

(BA (Social Science) Honours, Post-graduate

Diploma in Adult Education)

Ms Gandhi serves in an honorary and advisory capacity at a number of organisations and institutions and is a member of the Legal Services Committee of the Board.

• Mr Vuyani Jarana

(ND: Telecoms (Olifantsfontein College), B Com

(University of Transkei), MBA (University of

Stellenbosch))

Executive Director Regional Operations at Vodacom, serving on the Executive Committee of the Board.

• Advocate Sita Kolbe

(BA (UP), LLB (UP), LLM (RAU))

A practising advocate serving on the Legal Services Committee of the Board.

54

• Prof Philippa Kruger

(BA LLB (University of Stellenbosch))

Adjunct Professor of Practical Legal Studies and Family Law at the Wits Law Clinic, serving on the Executive Committee of the Board.

• Ms Nonthuthuzelo Memka

(B Proc (University of Durban-Westville))

A practising attorney and member of the Law Society of South Africa serving on the Remuneration Committee of the Board.

• Ms Nonhlanhla Mgadza

(B Comm (University of Swaziland), MBA (De

Montfort University – UK))

Head of Internal Audit, Impala Platinum Holdings Limited, serving on the Audit Committee of the Board.

• Ms Thulisile Mhlungu

(B Proc (University of Natal), LLB (University of

Natal))

Chairperson of the Rural Legal Trust (RLT) and Trustee of the AULAI (Association of University Legal Aid Institutions) Trust, serving on the Remuneration Committee of the Board.

• Mr Mokgale N Moabi

(B Proc (UNISA))

A practising attorney and member of the Law Society of South Africa, serving on the Legal Services Committee of the Board.

• Judge Edwin Molahlehi

(BA Law (University of Lesotho), LLB (University

of the Witwatersrand), LLM Labour Law (USA))

Judge of the Labour Court, former Director of the CCMA, Chairperson of the PSCBC, President of the Industrial Relations Association of Southern Africa. Judge Molahlehi serves on the Remuneration Committee of the Legal Aid Board.

• Ms Seka Monaledi

(B Juris (University of Zululand), LLB (Vista

University), Masters: Public Administration and

Management (University of Pretoria))

Regional Court President for the North West Province serving on the Legal Services Committee of the Board.

• Ms Aletta Mosidi

(B Proc (University of the North), LLB (University

of the Witwatersrand), Advanced Diploma in

Labour Law (RAU))

State Attorney in the Department of Justice, serving on the Remuneration Committee.

• Ms Marcella Naidoo

(B Social Science (University of Cape Town))

National Director of the Black Sash and former Portfolio Manager for the Truth and Reconciliation Commission, serving on the Legal Services Committee of the Board.

• Prof Yousuf Vawda

(BA (University of Durban-Westville, B Proc

(UNISA), LLM (University of Durban-Westville))

Associate Professor of Law at the University of KwaZulu-Natal, former Director of the University of Durban-Westville Law Clinic and former practising attorney, serving on the Legal Services Committee of the Board.

• Advocate Daniel Mogagabe

(LLB (University of the North West))

A practising advocate serving as an alternate member of the Board.

APPRECIATION

The following member resigned during the period under review:

Mr Vincent Saldanha

(BA Law (University of Durban-Westville), LLB

(University of Cape Town))

Judge Saldanha served as Chairperson of the Legal Services Committee of the Board and as a member of the Board Executive Committee. He ascended to the bench in July 2008 and is currently a Judge of the High Court of South Africa.

The Legal Aid Board wishes to express its sincere appreciation to Judge Vincent Saldanha for his invaluable contribution during the years that he served the organisation and the citizens of our country. In bidding farewell to him the Board wishes him well in his future endeavours.

The Legal Aid Board also wishes to express its sincere appreciation to the then Minister of Justice and Constitutional Development, Minister Enver Surty, for his assistance and support in fi lling vacancies on the Board.

55

Co-opted Members of Committees as at

31st March 2009:

Ms Jabu Luthuli

(Bachelor of Commerce Accounting (University

of KwaZulu-Natal), Post-Graduate Diploma in

Accounting (University of KwaZulu-Natal))

Employed as the Transformation Manager at Hulett- Packard South Africa. Ms Luthuli is a co-opted member of the Audit Committee of the Legal Aid Board.

Mr Ebrahim Moolla

(B Juris (University of Durban-Westville))

Practising attorney admitted to the profession in 1977. Mr Moolla served as a Board Member of the Legal Aid Board between 1994 and 2005 and is currently a co-opted member of the Audit Committee.

Mr Mzi Nkonki

(B Compt Honours, CA (UNISA))

Chief Operations Offi cer of Nkonki and a co-opted member of the Audit Committee of the Legal Aid Board.

Mr Ishwar Ramdas

(National Diploma in Internal Auditing (ML

Sultan Technikon), Bachelor of Accounting

Science Honours (UNISA), Certifi cate of Theory

in Accounting (CTA), Post-Graduate Diploma in

Auditing (UNISA), Chartered Accountant (CA

(SA))

Mr Ramdas holds the position of Director Group Financial Accounting at the City of Johannesburg and is a member of the Legal Aid Board Audit Committee.

Ms Aneline Rhoda

(B Social Science (University of Cape Town),

Honours: Industrial and Organisational

Psychology (University of the Western Cape),

Masters: Industrial and Organisational

Psychology (University of the Western Cape))

Ms Rhoda is the Senior Manager: Resourcing at Anglo American: EMEA Employee Services (Proprietary) Limited and serves as a co-opted member of the Remuneration Committee of the Legal Aid Board.

56

TABLE 2 ATTENDANCE AT BOARD MEETINGS

Board Member Number of meetings during the year

Number attended

Number not attended

Percentage attendance

Judge D Mlambo 5 5 0 100%

Dr D Konar 5 4 1 80%

Mr M Makume 5 5 0 100%

Mr J Maree 5 5 0 100%

Mr V Saldanha¤ 1 0 1 0%

Adv P du Rand 5 4 1 80%

Ms E Gandhi 5 5 0 100%

Mr V Jarana 5 4 1 80%

Adv M Kolbe 5 4 1 80%

Prof P Kruger 5 5 0 100%

Ms N Memka 5 5 0 100%

Ms N Mgadza 5 3 2 60%

Ms T Mhlungu 5 4 1 80%

Mr M Moabi 1 1 0 100%

Judge E Molahlehi 5 2 3 40%

Ms S Monaledi 5 4 1 80%

Ms A Mosidi 5 4 1 80%

Ms M Naidoo 5 3 2 60%

Prof Y Vawda 5 4 1 80%

Adv D Mogagabe* 0 0 0 0

Mr M Nxasana• 0 0 0 0

¤ Member resigned during the period• Alternate to practising attorney* Alternate to practising advocateFor Board of Directors Remuneration please refer to the Annual Financial Statements

57

The Role and Function of the Board of

Directors

The Board is the Accounting Authority of the Legal Aid Board in terms of the Public Finance Management Act, Act 1 of 1999.

It is responsible for providing strategic direction and leadership, ensuring good corporate governance and ethics, determining policy, agreeing on performance criteria and delegating the detailed planning and implementation of policy to the Management Executive Committee. The Board of Directors meets at least quarterly and monitors management’s compliance with policy and its achievements against objectives. A structured approach is followed for delegation, reporting and accountability, which includes reliance on various Board committees. The Chairperson guides and monitors the input and contribution of the directors.

The Board is committed to the principles of fairness, accountability, responsibility and transparency and to the enhancement of stakeholder value in the long term, taking into account the wider interests of society.

Board Sustainability and Succession

The Board Succession Plan ensures sustainability at Board level by phasing the expiry of tenure. At any point in time there is a core of members who have been in offi ce for a period of two to three years. The Board Succession Plan

also encourages diversity in terms of skills, gender, race and geographic location. The Plan also ensures that the interests of multiple stakeholders are considered in the provision of Legal Aid in South Africa.

Director’s Induction and Orientation

The new directors appointed to the Board are provided with a tailor-made induction programme, which allows them an opportunity to understand the Legal Aid Board’s unique legislative framework, its governance framework and the nature and operations of the business. One new director was appointed during the reporting period. The training needs of the Board are identifi ed and training is conducted twice a year in consultation with the Board Chairperson.

Director and Executive Management’s

remuneration

Non-executive directors receive fees for their contribution to the Board and the committees on which they serve. The remuneration of the directors is determined by the Minister of Justice, with the concurrence of the Minister of Finance. The rewards and remuneration of the Executive Management are linked to the value they added to the Legal Aid Board. Competitive packages are offered to management. Further details on directors’ and executive management’s emoluments for the fi nancial year ending 31 March 2009 appear on page 93 and 94. Non-executive directors serving on the Board who are in the full time employ of the state do not receive fees.

58

TABLE 3 EXECUTIVE MANAGEMENT’S REMUNERATION

Name Basic Salary

Bonus & Incentives

Expenses/Allowance

Other Total

Ms V Vedalankar - CEO 708,218 296,108 463,692 624 1,468,642

Mr J Makokoane - COO 567,606 223,820 365,612 12,792 1,169,830

Ms R Hlabatau - CFO 512,580 241,304 224,703 74,302 1,052,889

Ms A Clark - HRE* 37,869 - 25,246 - 63,115

Mr O Masango - IS Executive 412,026 124,520 178,114 62,235 776,895

Mr P Hundermark – Legal Development Executive

535,949 182,506 235,531 77,106 1,031,092

Mr B Nair - National Operations Executive 535,949 271,395 234,999 77,638 1,119,982

Mr PJ Brits - Corporate Services Executive 437,250 116,045 238,406 53,094 844,794

Mr A Naidoo - Internal Audit Executive 430,802 113,272 286,578 624 831,276

Mr V Mdaka - ROE KZN/MP 424,451 154,512 183,870 63,726 826,559

Mr T Mtati - ROE EC 424,451 155,560 183,870 71,032 834,913

Ms C Roberston - ROE WC/NC 437,250 162,126 254,438 624 854,437

Ms W Lambley - ROE Gauteng/Limpopo 437,250 121,855 290,876 22,255 872,236

Mr V Mayisela - ROE FS/NW 405,951 89,407 175,299 99,504 770,160

Mr LP Zikalala - HRE* 67,465 - 14,000 28,699 110,164

Total (Rands) 6,375,065 2,252,430 3,355,234 644,253 12,626,983

* For part of the year

59

Secretariat function

The Board of Directors has access to the advice and services of the Board Secretary. The directors are also entitled to obtain independent professional advice, at the Legal Aid Board’s expense, should they deem this necessary.

The Board is assisted by the Board Secretary in identifying key issues that should form the focus of the directors’ attention.

The Board Secretary also ensures that all relevant matters are placed on agendas for discussion.

The Secretariat, together with the other assurance functions, monitors the Legal Aid Board’s compliance with the requirements in terms of the Public Finance Management Act, Legal Aid Act and other legislation, and regularly reports to the Board in this regard.

Board Committees

Overview

A number of committees exist in order to assist the Board in discharging its responsibilities. Each committee operates within the ambit of its defi ned terms of reference and delegated duties. A comprehensive framework, which assists in the control of the decision making process and the delegation of authority within the Legal Aid Board, has been approved by the Board.

All the committees comprise non-executive directors and are chaired by independent non-executive directors. Committees such as the Audit Committee and Remuneration Committee have co-opted members, in addition to non-executive directors.

The Board has approved the terms of reference of each of its committees, and reviews the performance and effectiveness of the committees on a regular basis.

Board Executive Committee

The Board Executive Committee is chaired by Judge D Mlambo, and comprises six board members and four members of executive management. Five meetings were held during the year.

The primary purpose of the Board Executive Committee is to serve as the strategic and fi nance committee of the Board

as well as to assist the Board in fulfi lling its responsibility by making decisions on behalf of the Board when the Board is not in session. The Board Executive Committee’s authority in making decisions on behalf of the Board, is unrestricted save by the Legal Aid Act, the Legal Aid Guide, the Public Finance Management Act, other statutory limits and the Board’s limitations on delegation of authority to the Board Executive Committee. The Board takes regular cognisance of authorities delegated to the Board Executive Committee by means of resolutions. The Board Executive Committee assists the Board to guide and control the overall direction of the business of the Legal Aid Board and acts as a medium of communication and co-ordination between the Board and Management.

Audit Committee

The Audit Committee comprises six members including an independent non-executive director as the Chairperson. Four members, who are co-opted members, are external specialists appointed to the Audit Committee.

Four Audit Committee meetings were held during 2008/09. These were attended by the external auditors, the Chief Executive Offi cer, the Chief Financial Offi cer, the Internal Audit Executive and relevant corporate offi cials. The Head of Internal Audit and the external auditors have unrestricted access to the Chairperson of the Audit Committee as well as the Chairperson of the Legal Aid Board.

The primary purpose of the Audit Committee is to assist the Board in fulfi lling its oversight responsibility for the fi nancial reporting process, the system of internal control, the audit process, and the LAB’s process for monitoring compliance with laws and regulations and the code of conduct by reviewing:

• The fi nancial reports and other information provided by the LAB to any government department, body or the public;

• The system of internal controls (fi nancial, operational, information technology and compliance) that the LAB have established; and

• LAB’s auditing, accounting and fi nancial reporting processes generally;

• Consistent with the function, the Audit Committee should encourage continuous improvement of, and should foster adherence to the LAB’s accounting policies, procedures and practices at all levels.

60

Human Resources and Remuneration

Committee

The committee comprises six members including an independent non-executive director as the Chairperson. One member is an external specialist, co-opted to the committee. Five Committee meetings were held during 2008/09.

The primary purpose of the Human Resources and Remuneration Committee is to assist the Board in fulfi lling its responsibility to:

• Ensure that executive, management and Legal Aid Board staff in general are appropriately rewarded for their work in a manner that will ensure, as far as possible the recruitment, retention and motivation of people with the skills that the organisation needs;

• Ensure that the actions of executive, management and Legal Aid Board staff in general are directed towards the long term benefi t and best interests of the organisation’s major shareholder, being the government and the people of the Republic of South Africa;

• Oversee the implementation of the LAB strategy aimed at developing the human capital to support the delivery of quality legal services;

• Oversee the development and implementation of a competitive human resources strategy which is able to attract, retain and develop the best possible talent to support superior organisational performance;

• Oversee the design and implementation of a sound labour relations strategy which fosters good relations between LAB as an employer, LAB employees and organised labour;

• Oversee the design, implementation and monitoring of employment equity and skills development plans;

• Oversee the design, implementation and monitoring of programmes aimed at developing leadership at all

levels in order to ensure the long term sustainability of the organisation;

• Ensure organisational conformance with fair labour practice and national legislation regulating the rights and obligations applicable between employers and employees; and

• Encourage the continuous improvement of, and foster adherence to, the LAB’s human resources policies, procedures and practices at all levels.

Legal Services Committee

The committee comprises seven non-executive directors. It considers all legal issues requiring decision or policy input, for example the Legal Aid Act, the Legal Aid Guide, Legal Aid circulars and tariffs payable. The Committee maintains oversight of the legal services provided by the Legal Aid Board. Four Committee meetings were held during 2008/09.

The primary purpose of the Legal Services Committee is to assist the Board in fulfi lling its responsibility to :

• Ensure that the legal aid scheme is lawful, sustainable and responsive to the needs of the people in South Africa in line with the Constitutional mandate;

• Ensure that the legal aid scheme is administered in a manner which ensures that it is accessible and client sensitive;

• Ensure a continuous improvement in the quality of the legal service offering;

• Ensure adequate national coverage by the legal aid scheme in relation to the demand for legal aid services; and

• Foster productive relationships with the relevant legal

professional bodies and other stakeholders.

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BOARD COMMITTEE MEMBERSHIP

Board Executive Committee

Remuneration Committee

Legal Services Committee

Audit Committee

Chairperson: Judge D Mlambo

Chairperson: Mr J Maree

Chairperson: Mr M Makume

Chairperson: Dr D Konar

Members: Members: Members: Members:

Dr D Konar Judge E Molahlehi Prof Y Vawda Ms N Mgadza

Mr M Makume Ms A Mosidi Ms M Naidoo Non-Board Members:

Mr J Maree Ms N Memka Ms S Monaledi Mr I Ramdas

Prof P Kruger Ms T Mhlungu Ms E Gandhi Ms J Luthuli

Mr V Jarana Non-Board Members: Adv M Kolbe Mr E Moolla

Ms A Rhoda Adv P du Rand Mr M Nkonki

Judge D Mlambo Mr J Maree Mr M Makume Dr D Konar

62

Risk Management Committee

The Board has a duty to ensure that risks are identifi ed and that management implements risk management processes.

The responsibility for risk management has been integrated into the terms of reference of the Management Executive Committee.

The Management Executive Committee is responsible for ensuring that an effective and integrated risk management process is implemented. It comprises management members and reports to the Audit Committee.

Public Finance Management Act,

Act 1 of 1999 (PFMA)

The PFMA focuses on fi nancial management with related outputs and responsibilities. The Legal Aid Board has established an ongoing process of awareness, education and advice on the PFMA to the organisation.

The directors comply with their fi duciary duties as set out in the PFMA. Responsibilities of the Board as accounting authority in terms of the PFMA and other regulations include taking appropriate action to ensure:

• economic, effi cient, effective and transparent systems of fi nancial and risk management, and internal control, are in place;

• a system is maintained for properly evaluating all major capital projects prior to a fi nal decision on each project;

• the implementation of appropriate and effective measures to prevent unauthorised, irregular, fruitless and wasteful expenditure, losses from criminal conduct and expenditure not complying with legislation;

• revenue due to the Legal Aid Board is collected;• the economic and effi cient management of available

working capital; and• the defi nition of objectives and the allocation of

resources in an economic, effi cient, effective and transparent manner.

Materiality Framework

In view of the fact that the Legal Aid Board is a service organisation that does not generate its own income and is dependent on State funding, the organisations’ level of material loss has been assessed as being 1% of gross expenditure or gross income, whichever is the greater,

as per the annual budget. For administrative purposes, levels of authority for the condonement of material losses incurred at the Legal Aid Board have been determined. All incidences of non-compliance are reported to the Board.

Integrated Risk Management

The Legal Aid Board endeavours to minimise risk by ensuring that the appropriate infrastructure, systems, personnel and controls are in place throughout the organisation and that risk management is integrated into management processes.

The Board of Directors is responsible for the total process of risk management and internal control, and for reviewing the system for effectiveness. Risk and control strategies and policies have been put in place to ensure that total risk is managed in an integrated way.

Management is accountable for providing assurance to the Board that the risk management process is in place and is integrated into day-to-day business activities. The Legal Aid Board management has designated risk co-ordinators to integrate risk management into day-to-day business activities. Risk management is addressed through risk categories that include fi nancial, technical, environmental, legal, human resources, information, stakeholders, regulatory and strategic risk. An integrated risk management strategy and process is followed. Major risk that could infl uence the achievement of the Legal Aid Board’s strategic objectives are identifi ed, assessed and prioritised on a regular basis through a risk assessment and accountability framework and control strategies are implemented to manage and monitor these risks. Input to this process is obtained from all levels of management and is consolidated into the top thirteen risks for the Legal Aid Board.

Internal Control

The Board has ultimate responsibility for establishing a framework for internal controls, including an appropriate procurement and provisioning system. The controls throughout the Legal Aid Board focus on those critical risk areas identifi ed by operational risk management, confi rmed by executive management and assessed by the auditors. The controls are designed to provide cost effective assurance that assets are safeguarded and that liabilities and working capital are effi ciently managed. Organisational policies, procedures, structures and approval frameworks provide direction, accountability and division of responsibilities and

63

contain self-monitoring mechanisms. Both management and Internal Audit closely monitor the controls, and actions are taken to correct defi ciencies as they are identifi ed.

Internal Audit

In line with the PFMA and the King II Report requirements, the Internal Audit Department provides the Audit Committee and management with assurance that the internal controls are appropriate and effective. This is achieved by means of an independent, objective appraisal and evaluation of the risk management processes, internal controls and governance processes, as well as identifying corrective actions and suggested enhancements to the controls and processes. The risk based audit plan is based on the major risks emanating from changes in the Legal Aid Board’s Integrated Risk Management process. The audit plan is responsive to the Legal Aid Board’s risk profi le.

The Internal Audit Department is fully supported by the Board and the Audit Committee, and has full, unrestricted access to all organisational activities, records, property and personnel.

During the fi nancial year a Legal Quality Assurance Unit was established within the Internal Audit Department. The objective of the Unit is to independently and objectively appraise the quality of all legal practitioners within the Legal Aid Board and provide feedback to Management and the Board.

The external auditors are responsible for independently auditing and reporting on the fi nancial statements in conformity with generally accepted auditing standards.

Forensic Investigations

In terms of the PFMA and the requirements in the King II Report, the Board of Directors is responsible for ensuring that an Integrated Fraud Prevention Plan is implemented in order to minimise the risk and opportunity for crime and irregularities, in particular, fraud.

The Internal Audit Department is mandated to assist the Legal Aid Board by providing strategic crime prevention, detection and investigative direction and services, which support the strategic intent and business objectives.

Reporting to Stakeholders

In order to present a balanced and understandable assessment of its position, the Legal Aid Board is continually striving to ensure that it’s reporting and disclosure to stakeholders is relevant, clear and effective. It places great emphasis on reporting on both fi nancial and non-fi nancial matters, as well as addressing both positive and negative aspects in order to demonstrate the long-term sustainability of the organisation. The Legal Aid Board’s predetermined objectives, representing both fi nancial and non-fi nancial key performance indicators, and its performance against these indicators, are included in Section 3.

64

Stakeholder Relations

In addition to the interests of government as the major funder, the Legal Aid Board recognises the legitimate interests of clients, employees, consumers, suppliers and benefi ciaries, the trade unions and local communities in its affairs. Communication and interaction with stakeholders is ongoing during the year, and addressed through various channels, depending on the different needs of the various stakeholders. High level stakeholder issues are addressed in this report.

Employee Participation

Participative structures are in place to ensure the ongoing involvement of employees and organised labour in infl uencing the Legal Aid Board’s policies and procedures. The Legal Aid Board has a policy of encouraging employee participation in a wide range of issues and various participative structures are designed to achieve good employer-employee relationships.

Business Conduct

The Legal Aid Board has an ethics programme that is in line with the PFMA and the recommendations of the

King II Report, which promotes ethical behaviour in the workplace. This is supported by a written business conduct policy dealing with ethics, which is applicable throughout the Legal Aid Board. The continued focus on the business conduct policy has raised awareness of the need for ethical behaviour across the organisation. Employees are required to maintain high ethical standards and to ensure that the Legal Aid Board’s business practices are conducted in a manner that is above reproach.

Safety

The Health and Safety Policy and the Occupational Health and Safety Act, 85 of 1993, continue to remain the guiding principles for the achievement of the Legal Aid Board’s safety vision. Management regularly reviews the health and safety performance to ensure that the necessary corrective measures are implemented. The overall strategy is reviewed by the Board.

General

The Legal Aid Board recognises that corporate governance is a dynamic area and, as such, its systems of corporate governance are reassessed on an ongoing basis to ensure that they are at acceptable standards and continue to be relevant to the Legal Aid Board’s business as it evolves.

65

4.2. Report of the Audit Committee

We are pleased to present our report for the fi nancial year ended 31 March 2009.

Audit Committee Members and Attendance:

The Audit Committee consists of the members listed hereunder and meets at least four times per annum as per its approved terms of reference. During the current year four meetings were held.

Name of Member Number of Meetings Attended

Dr D Konar (Chairperson) 3

Ms N Mgadza (Deputy Chairperson) 4

Mr E Moolla 4

Mr M Nkonki 1

Mr I Ramdas 3

Ms J Luthuli 2

Audit Committee Responsibility

The Audit Committee reports that it has complied with its responsibilities arising from section 51(1)(a) of the PFMA and Treasury Regulations 21.1.7 and 21.1.10 (b) and (c).

S51(1)(a) S51(1)(a)(ii) of the PFMA states the following:

(a) The accounting authority must ensure that the department has and maintains -

(i) effective, effi cient and transparent systems of fi nancial and risk management and internal control;

(ii) a system of internal audit under the control and direction of an audit committee complying with and operating in accordance with regulations and instructions prescribed in terms of sections 76 and 77; and

(iii) an appropriate procurement and provisioning system which is fair, equitable, transparent, competitive and cost effective.

The Audit Committee also reports that it has adopted appropriate formal terms of reference as its Audit Committee Charter, has regulated its affairs in compliance with this Charter and has discharged its responsibilities as contained therein.

The effectiveness of internal control

The Audit Committee is of the opinion, based on the information and explanations given by management and the internal auditors and discussions with the independent

external auditors on the results of their audits and the status in addressing the matters raised, that the internal accounting controls are operating satisfactorily, to ensure that the fi nancial records may be relied upon for preparing the annual fi nancial statements, and accountability for assets and liabilities is maintained.

Nothing signifi cant has come to the attention of the Audit Committee to indicate that any material breakdown in the functioning of these controls, procedures and systems has occurred during the year under review.

66

The quality of in-year management

and monthly and quarterly reports

submitted in terms of the PFMA

The Audit Committee is satisfi ed with the content and quality of monthly and quarterly reports prepared and issued by the Legal Aid Board during the year under review.

Evaluation of Financial Statements

The Audit Committee has:• Reviewed and discussed the audited annual fi nancial

statements to be included in the annual report with the independent external auditors and the Accounting Authority;

• Reviewed the independent external auditors’ management letter and management’s response thereto;

• Reviewed changes in accounting policies and practices, and

• Reviewed signifi cant adjustments resulting from the audit.

The Audit Committee concurs and accepts the independent external auditors’ conclusions on the annual fi nancial statements, and is of the opinion that the audited annual fi nancial statements should be accepted and read together with the report of the independent external auditors.

Dr D Konar

______________________________Chairperson of the Audit Committee

17 July 2009

67

4.3 Report of the Auditor-General

REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT ON THE FINANCIAL STATEMENTS AND PERFORMANCE INFORMATION OF THE LEGAL AID BOARD FOR THE YEAR ENDED 31 MARCH 2009

REPORT ON THE FINANCIAL STATEMENTS

Introduction1. I have audited the accompanying fi nancial statements

of the Legal Aid Board which comprise the statement of fi nancial position as at 31 March 2009, and the statement of fi nancial performance, statement of changes in net assets and the cash fl ow statement for the year then ended and a summary of signifi cant accounting policies and other explanatory notes, as set out on pages 72 to 97.

The accounting authority’s responsibility for the fi nancial statements2. The accounting authority is responsible for the

preparation and fair presentation of these fi nancial statements in accordance with the South African Statements of Generally Accepted Accounting Practice (SA Statements of GAAP) and in the manner required by the Public Finance Management Act, 1999 (Act No. 1 of 1999) and for such internal control as the accounting authority determines is necessary to enable the preparation of fi nancial statements that are free from material misstatement, whether due to fraud or error.

The Auditor-General’s responsibility3. As required by section 188 of the Constitution of the

Republic of South Africa, 1996 read with section 4 of the Public Audit Act, 2004 (Act No. 25 of 2004) (PAA), my responsibility is to express an opinion on these fi nancial statements based on my audit.

4. I conducted my audit in accordance with the International Standards on Auditing read with General Notice 616 of 2008, issued in Government Gazette No. 31057 of 15 May 2008. Those standards require that I comply with ethical requirements and plan and

perform the audit to obtain reasonable assurance about whether the fi nancial statements are free from material misstatement.

5. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the fi nancial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the fi nancial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the fi nancial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the fi nancial statements.

6. I believe that the audit evidence I have obtained is suffi cient and appropriate to provide a basis for my audit opinion.

Opinion7. In my opinion the fi nancial statements present

fairly, in all material respects, the fi nancial position of the Legal Aid Board as at 31 March 2009 and its fi nancial performance and its cash fl ows for the year then ended, in accordance with the South African Statements of Generally Accepted Accounting Practice (SA Statements of GAAP) and in the manner required by the Public Finance Management Act, 1999 (Act No. 1 of 1999).

Key Governance requirements 8. The PFMA tasks the accounting offi cer with a number

of responsibilities concerning fi nancial and risk management and internal control. Many of these have been addressed in detail above. The table below refl ects how certain of the fi nancial and governance matters as well as other matters included under the reporting on performance information below, will be reported in the auditor’s report.

68

No. Matter Y N

Clear trail of supporting documentation that is easily available and provided in a timely manner

1. No signifi cant diffi culties were experienced during the audit concerning delays or the availability of requested information.

Quality of fi nancial statements and related management information

2. The fi nancial statements were not subject to any material amendments resulting from the audit.

3. The annual report was submitted for consideration prior to the tabling of the auditor’s report.

Timeliness of fi nancial statements and management information

4. The annual fi nancial statements were submitted for auditing as per the legislated deadlines Section 55 of the PFMA.

Availability of key offi cials during audit

5. Key offi cials were available throughout the audit process.

Development and compliance with risk management, effective internal control and governance practices

6. Audit committee

• The Legal Aid Board had an audit committee in operation throughout the fi nancial year.

• The audit committee operates in accordance with approved, written terms of reference.

• The audit committee substantially fulfi lled its responsibilities for the year, as set out in Section 77 of the PFMA and Treasury Regulation 27.1.8.

7. Internal audit

• The Legal Aid Board had an internal audit function in operation throughout the fi nancial year.

• The internal audit function operates in terms of an approved internal audit plan.

• The internal audit function substantially fulfi lled its responsibilities for the year, as set out in Treasury Regulation 27.2.

8. There are no signifi cant defi ciencies in the design and implementation of internal control in respect of fi nancial and risk management.

9. There are no signifi cant defi ciencies in the design and implementation of internal control in respect of compliance with applicable laws and regulations.

10. The information systems were appropriate to facilitate the preparation of the fi nancial statements.

11. A risk assessment was conducted on a regular basis and a risk management strategy, which includes a fraud prevention plan, is documented and used as set out in Treasury Regulation27.2.

Follow-up of audit fi ndings

12. The prior year audit fi ndings have been substantially addressed.

Issues relating to the reporting of performance information

13. The information systems were appropriate to facilitate the preparation of a performance report that is accurate and complete.

14. Adequate control processes and procedures are designed and implemented to ensure the accuracy and completeness of reported performance information.

15. A strategic plan was prepared and approved for the fi nancial year under review for purposes of monitoring the performance in relation to the budget and delivery by the Legal Aid Board against its mandate, predetermined objectives, outputs, indicators and targets Treasury Regulation 30.1.

16. There is a functioning performance management system and performance bonuses are only paid after proper assessment and approval by those charged with governance.

69

REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS

Report on performance information9. I have reviewed the performance information as set

out on pages 26 to 51.

The Auditor-General’s responsibility10. I conducted my engagement in accordance with

section 13 of the PAA read with General Notice 616 of 2008, issued in Government Gazette No. 31057 of 15 May 2008.

11. In terms of the foregoing my engagement included performing procedures of an audit nature to obtain suffi cient appropriate evidence about the performance information and related systems, processes and procedures. The procedures selected depend on the auditor’s judgement.

12. I believe that the evidence I have obtained is suffi cient and appropriate to report that no signifi cant fi ndings have been identifi ed as a result of my audit.

APPRECIATION13. The assistance rendered by the staff of the Legal Aid

Board during the audit is sincerely appreciated.

Pretoria31 July 2009

70

CHAPTER 1GENERAL INFORMATION

ANNUAL FINANCIAL STATEMENTSFOR THE YEAR ENDED 31 MARCH 2009

72

Country of incorporation South Africa

Nature of business Provide legal services to the indigent

Directors Judge D Mlambo – ChairpersonDr D KonarMs A MosidiProf P Kruger Mr J MareeAdv P Du Rand Mr M Makume Ms N MemkaMs T MhlunguMs S MonalediJudge E MolahlehiMr V JaranaMs N MgadzaProf Y VawdaMs M NaidooAdv M KolbeMs E Gandhi

New Appointments

Mr M Moabi (01 October 2008)

Resignations

Judge V Saldanha (18 July 2008)

Registered offi ce 29 De Beer StreetBraamfonteinJohannesburg

Business address 29 De Beer StreetBraamfonteinJohannesburg

Postal address Private Bag X76Braamfontein2017

Bankers ABSA Limited South African Reserve Bank

Auditors Auditor-General

Legal Aid Board Annual Financial Statements for the year ended 31 March 2009

73

The reports and statements set out below comprise the annual fi nancial statements presented to the members:

Index Page

Report of the Auditor-General 67 Report of the directors 75 Statement of fi nancial position 76Statement of fi nancial performance 77Statement of changes in net assets 77Cash fl ow statement 78Notes to the fi nancial statements 79

Approval and statement of responsibility

The Public Finance Management Act (No. 1 of 1999), as amended, requires the directors to ensure that the Legal Aid Board keeps full and proper records of its fi nancial affairs. The annual fi nancial statements should fairly present the state of affairs of the Legal Aid Board, its fi nancial results, and its fi nancial position in terms of the South African Statements of Generally Accepted Accounting Practice, including any interpretations of such Statements issued by the Accounting Practices Board, with the prescribed Standards of Generally Recognised Accounting Practices (GRAP) issued by the Accounting Standards Board replacing the equivalent GAAP Statements.

The annual fi nancial statements are the responsibility of the Board of Directors. The external auditors are responsible for independently auditing and reporting on the fair presentation of fi nancial statements in conformity with South African Auditing Standards. The Offi ce of the Auditor-General has audited these fi nancial statements and the unqualifi ed report appears on page 67. The fi nancial statements have been prepared in accordance with Statements of Generally Accepted Accounting Practice and in the manner required by the Public Finance Management Act as well as the Companies Act, 1973.

To enable the directors to meet the above responsibilities, they set standards and require systems of internal control and risk management to be implemented. These are designed to provide reasonable but not absolute assurance against material misstatements and defi cits. The Legal Aid Board maintains internal fi nancial controls to provide assurance regarding the safeguarding of assets against unauthorised use or disposition as well as the maintenance of proper accounting records to provide reliable fi nancial information for use within the organisation or for publication.

The controls contain self-monitoring mechanisms, and actions are taken to correct defi ciencies as they are identifi ed. Even an effective system of internal control, no matter how well designed, has inherent limitations, including the possibility of circumvention or the overriding of controls.

LEGAL AID BOARD ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2009

74

An effective system of internal control therefore aims to provide reasonable assurance with respect to the reliability of fi nancial information and, in particular, fi nancial statement presentation.

Furthermore, because of changes in conditions, the effectiveness of internal fi nancial controls may vary over time.

The directors have reviewed the Board’s budgets and cash fl ow forecasts for the forthcoming year. On the basis of this review, and in view of the current fi nancial position,

the directors have every reason to believe that the Board will be a going concern in the year ahead. Accordingly, the fi nancial statements have been prepared on the going concern basis, since the directors have every reason to believe that the board has adequate resources in place to continue in operation for the foreseeable future and there is no reason to believe that government funding will be discontinued and the auditors concur.

The fi nancial statements which appear on pages 72 to 97 were approved by the Board of directors on 25 July 2009 and signed on their behalf by:

LEGAL AID BOARD ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2009

_______________________Judge Dunstan MlamboChairperson: Legal Aid Board

_______________________Ms Vidhu VedalankarChief Executive Offi cer

75

The directors present their report for the year ended 31 March 2009. This report forms part of the audited fi nancial statements.

1. Incorporation

The Legal Aid Board was incorporated on 26 March 1969 in terms of the Legal Aid Act (No 22 of 1969).

2. Business and operations

The Legal Aid Board’s business and operations and the results thereof are clearly refl ected in the attached fi nancial statements. No material fact or circumstance has occurred between the accounting date and the date of this report. The Legal Aid Board carries on the business of providing legal services to indigent residents of South Africa utilising State funding. There was no major change in the nature of the business.

3. Financial results

The results of the Legal Aid Board and the state of its affairs are set out in the attached fi nancial statements and do not, in our opinion, require further comments. The fi nancial position of the board, which is set out in the Statement of Financial Position, shows it has no borrowings. The Legal Aid Board’s surplus on ordinary activities for the year amounted to R21,231,360 (2008 surplus: R15,064,579).

4. Property, plant and equipment

There have been no major changes in the property, plant and equipment during the period or any changes in the policy relating to their use.

5. Directors

The directors of the Legal Aid Board, all of whom are South African, during the accounting period and up to the date of this report were as follows:

Judge D Mlambo – ChairpersonDr D KonarMs A MosidiProf P Kruger Mr J MareeAdv P Du Rand Mr M MakumeMs N MemkaMs T MhlunguMs S MonalediJudge E MolahlehiMr V JaranaMs N MgadzaProf Y VawdaMs M Naidoo Adv M KolbeMs E Gandhi New AppointmentsMr M Moabi (01 October 2008)

ResignationsJudge V Saldanha (18 July 2008)

6. Subsequent events

No material fact or circumstance has occurred since the balance sheet date to the date of this report.

Johannesburg25 July 2009

LEGAL AID BOARD REPORT OF THE DIRECTORS for the year ended 31 March 2009

76

2009 2008Notes R R

ASSETS

Non-current assets 97,628,814 63,397,284

Property, plant and equipment 2 95,430,544 62,196,019

Finance lease assets 2.1 2,038,435 990,374

Intangible assets 3 159,835 210,891

Current assets 235,661,787 256,740,386

Trade and other receivables 4 3,432,059 2,674,241

Asset held for sale 5 36,315 -

Prepayments 6 220,368 1,137,567

Clients trust funds 7 407,277 196,264

Deposits 8 909,738 750,358

Cash and cash equivalents 24.2 230,656,030 251,981,956

Total assets 333,290,601 320,137,670

NET ASSETS AND LIABILITIES

Accumulated surplus 164,899,464 142,417,179

Non-Current liabilities

Noncurrent portion of fi nance lease 9 1,186,588 443,300

Post-retirement medical benefi ts 10 1,088,918 1,088,918

Current liabilities 166,115,631 176,188,274

Current portion of fi nance lease 9 791,491 598,092

Provisions 11 132,878,692 128,567,628

Trade and other payables 12 32,445,448 47,022,554

Net assets and liabilities 333,290,601 320,137,670

LEGAL AID BOARD STATEMENT OF FINANCIAL POSITION as at 31 March 2009

77

2009 2008Notes R R

Revenue 14 838,120,000 613,029,000

Baseline allocation 668,916,000 581,229,000

Case backlog funding 24,600,000 16,800,000

Additional funding from Department of Justice - 15,000,000

Occupational Specifi c Dispensation 144,604,000 -

Expenses (851,096,016) (624,259,147)

Personnel (609,733,609) (402,861,654)

Administrative 15 (97,157,885) (92,328,696)

Depreciation and amortisation 16 (16,027,665) (17,488,181)

Other expenses 15.1 (127,955,308) (111,338,591)

Finance Costs 9 (221,549) (242,025)

Defi cit from operations (12,976,016) (11,230,147)

Other income 14.1 5,149,893 3,930,801

Interest income 14.2 29,057,482 22,363,925

Surplus for the year 21,231,360 15,064,579

LEGAL AID BOARD STATEMENT OF FINANCIAL PERFORMANCE for the year ended 31 March 2009

LEGAL AID BOARD STATEMENT OF CHANGES IN NET ASSETS for the year ended 31 March 2009

Notes R

Balance at 31 March 2008 as restated 127,670,235

Prior year error 317,635

Net surplus for the year restated 15,064,579

Balance as at 31 March 2008 restated 142,417,179

Net surplus for the year 21,231,360

Revaluation 1,250,925

Balance at 31 March 2009 164,899,464

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2009 2008Notes R R

Cash fl ows from operating activities 22,841,181 74,051,756

Cash receipts from government and customers 837,370,732 614,107,087

Cash paid to suppliers and employees (843,587,033) (562,419,256)

Cash (used)/generated in operating activities 24.1 (6,216,301) 51,687,831

Interest received 29,057,482 22,363,925

Cash fl ows from investing activities (44,167,107) (34,577,735)

Expenditure to maintain operating capacity

Proceeds on disposals of property, plant and equip-ment

3,572,551 1,401,250

Expenditure for expansionProperty, plant and equipment acquired (47,535,729) (35,906,240)

Intangible assets acquired (203,929) (72,745)

(Decrease)/Increase in cash and cash equivalents (21,325,926) 39,474,021

Cash and cash equivalents at beginning of the year 251,981,956 212,507,935

Cash and cash equivalents at end of the year 24.2 230,656,030 251,981,956

LEGAL AID BOARD CASH FLOW STATEMENTfor the year ended 31 March 2009

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1. Basis of preparation

The Annual Financial Statements have been prepared in accordance with the following policies, which have been applied consistently in all material aspects, unless otherwise indicated. However, where appropriate and meaningful, additional information has been disclosed to enhance the usefulness of the Annual Financial Statements and to comply with the statutory requirements of the Public Finance Management Act, Act 1 of 1999 (as amended by Act 29 of 1999), the Treasury Regulations for Departments and Constitutional Institutions issued in terms of the Act and the Division of Revenue Act, Act 5 of 2004.

The fi nancial statements have been prepared in accordance with the South African Statements of Generally Accepted Accounting Practices (GAAP) including any interpretations of such Statements issued by the Accounting Practices Board, with the prescribed Standards of Generally Recognised Accounting Practices (GRAP) issued by the Accounting Standards Board replacing the equivalent GAAP Statement as follows:

Standard of GRAP Replaced Statement of GAAP

GRAP 1: Presentation of fi nancial statements IAS 1 (AC101): Presentation of fi nancial statements

GRAP 2: Cash fl ow statements IAS 7 (AC118): Cash fl ow statements

GRAP 3: Accounting policies, changes in accounting estimates and errors

IAS 8 (AC103): Accounting policies, changes in accounting estimates and errors

Currently the recognition and measurement principles in the above GRAP and GAAP Statements do not differ or result in material differences in items presented and disclosed in the fi nancial statements. The implementation of GRAP 1, 2 and 3 has resulted in the following signifi cant changes in the presentation of the fi nancial statements:

a) Terminology differences:

Standard of GRAP Replaced Statement of GAAP

Statement of fi nancial performance Income statement

Statement of fi nancial position Balance sheet

Statement of changes in Net assets Statement of changes in Equity

Surplus/defi cit for the period Profi t/loss for the period

Accumulated surplus/defi cit Retained earnings

b) The cash fl ow statement can only be prepared in accordance with the direct method.c) Specifi c information has been presented separately on the statement of fi nancial position such as:

(i) receivables from non-exchange transactions(ii) trade and other payables from non-exchange transactions must be presented separately on the statement of

fi nancial positiond) The amount and nature of any restrictions on cash balances is required to be disclosed.

Paragraph 11 – 15 of GRAP 1 has not been implemented as the budget reporting standard is in the process of being developed by the international and local standard setters. Although the inclusion of budget information would enhance the usefulness of the fi nancial statements, non-disclosure will not affect fair presentation.

LEGAL AID BOARD NOTES TO THE ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2009

80

The following are the principal accounting policies of the Board, which except where noted, are consistent in all material respects with those applied in the previous year. The fi nancial statements have been prepared on the historical cost basis and are presented in South African Rands.

1.1 Revenue recognition

Revenue takes the form of grants from the government of the Republic of South Africa and is received monthly and raised as revenue on receipt.

The Legal Aid Board receives occasional income by way of a share in awards made to clients in civil matters as well as receiving cost awards. Due to the nature of services as well as the prospect of appeals, the Legal Aid Board only recognises this income on receipt thereof.

Interest income is recognised on a time proportionate basis using the effective interest rate method.

1.2 Property, plant and equipment

All property, plant and equipment are initially recorded at cost and adjusted for any impairment in value. Depreciation is calculated on the straight-line method to write off the cost of each asset to their residual values over their estimated useful lives. The depreciation rates applicable to each category of property, plant and equipment are as follows:

% Estimate useful life

Land 0 % Infi nite

Buildings 4 % 25 years

Motor vehicles 20 % 5 years

Furniture and fi ttings 20 % 5 years

Leasehold improvements 20 % 5 years

Computer equipment 33.3 % 3 years

The assets’ residual values and useful lives are reviewed, and adjusted if appropriate, at each balance sheet date. The residual values of property, plant and equipment were revalued at year end.

Depreciation

Depreciation is recognised in profi t or loss on a straight line basis over the estimated useful life of each part of an item of property and equipment. Land is not depreciated as it is deemed to have an indefi nite life.

The carrying values of property, plant and equipment are reviewed for impairment when events or changes in circumstances indicate the carrying value may not be recoverable. If any such indication exists and where the carrying values exceed the estimated recoverable amount, assets are written down to their recoverable amount.

Leasehold improvements relate to refurbishments and partitioning of buildings that we lease. These are depreciated over 5 years.

Gains and defi cits on disposal of property, plant and equipment are determined by reference to their carrying amount and are taken into account in determining operating surplus. On disposal of revalued assets, amounts in revaluation and other reserves relating to that asset are transferred to accumulated surplus.

Subsequent expenditure incurred on items of property, plant and equipment is only capitalised to the extent that such expenditure enhances the value or previous capacity of those assets.

Repairs and maintenance not deemed to enhance the economic benefi ts or service potential of items of property, plant and equipment are charged to income during the fi nancial period in which they are incurred.

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1.3 Intangible assets

Computer software

Expenditure on acquired or contract written software is capitalised and amortised using the straight-line method over their useful lives, generally over 2 years. Intangible assets are not revalued. The carrying amount of each intangible asset is reviewed annually and adjusted for impairment where it is considered necessary.

1.4 Leased assets

Financial Leases

Finance leases are recognised as assets and liabilities in the statement of fi nancial position. Finance lease payments are apportioned between capital and interest which is recognised as an expense in the statement of fi nancial performance. The fi nance lease liability is disclosed in the disclosure notes to the fi nancial statements.

Operating Leases

Operating lease payments are recognised as an expense in the statement of fi nancial performance. The operating lease commitments are disclosed in the disclosure notes to the fi nancial statements.

1.5 Assets held for sale

All assets that have been replaced in terms of asset replacement program are classifi ed as current assets held for sale. The assets will be disposed within 6 months from date of replacement.

1.6 Taxation

No provision is made for taxation as the Legal Aid Board receives no taxable income in terms of section 10(1)(CA)of the Income Tax Act.

1.7 Financial instruments

Financial assets and fi nancial liabilities initially are recognised when the Board becomes a party to contractual provisions of the relevant instrument. Financial instruments are initially recorded at cost and are re-measured to fair value at subsequent reporting dates as set out below.

Financial assets

The Board’s principal fi nancial assets are trade receivables and bank and cash balances:

Investments

Investments are measured at their fair value, without any deduction for transaction costs that may be incurred on sale or other disposal. The following categories of investments are measured at cost, as there is no fi xed maturity:

• loans to employees and receivables originated by the Board and not held for trading;• an investment in a fi nancial asset that does not have a quoted market price in an active market and whose fair value

cannot be reliably measured.

Trade receivables

Receivables included in the Statement of fi nancial Position arise from cash payments made that are recoverable from another party.

82

Receivables outstanding at year-end are carried in the Statement of Financial position at cost plus any accrued interest.

An estimate of doubtful debts is made based on a review of all outstanding amounts at balance sheet date. Provision for doubtful debts is made for trade receivables outstanding for 365 days and over.

The board writes off bad debts in accordance with Treasury Regulations 11.4.1(a) and (b) after having taken the necessary steps to recover the debt.

Bank and cash balances

Cash and cash equivalents comprise cash at bank and deposits held on call with banks.Cash on hand is measured at its face value.Deposits held on call, and investments in money market instruments are classifi ed as loans originated by the Board and carried at amortised cost. Due to the short-term nature of these instruments, the amortised cost approximates its fair value.

Financial liabilities

The Board’s principal fi nancial liabilities are trade payables.

Trade payables

Trade and other payables are stated at amortised cost, which, due to their short–term nature, closely approximate their fair value.

Interest rate risk

The organisation’s income and operating cash fl ows are substantially independent of changes in market interest rates. The organisation has no signifi cant interest bearing assets other than liquid cash.

Credit risk

Financial assets which potentially subject the Board to concentrations of credit risk consist primarily of cash and cash equivalents as well as accounts receivable. The Board’s cash and cash equivalents in excess of its immediate requirements is invested with the Corporation for Public Deposits. Credit risk with regard to trade and other receivables is limited as all balances are strictly managed.

Derecognition of Financial instruments

Financial assets are derecognised when the Legal Aid Board loses control of the contractual rights that comprises the fi nancial assets. The Legal Aid Board loses such control if right to benefi ts specifi ed in the contract are realised, the rights expire or the organisation surrenders those rights.

Financial liabilities are derecognised when the obligation is discharged, cancelled, or expires.

1.8 Provisions

Provisions are recognised when the Board has a present legal or constructive obligation as a result of past events, it is probable that an outfl ow of resources embodying economic benefi ts will be required to settle the obligation, and a reliable estimate of the amount of the obligation can be made. All the provisions of the Board are short-term in nature and thus ignore the effect of discounting.

1.9 Judicare Provision

Judicare provisions are recognised when the Board has a present legal or constructive obligation as a result of past events, for which it is probable that an outfl ow of economic benefi ts will be required.

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Critical accounting estimates on judicare provision

In the process of applying the Board’s accounting policies, management has made the following judgements that have the most signifi cant effect on the amounts recognised in the fi nancial statements:

• The calculation for this provision is based on a number of factors, which include previous experience in claims patterns, claims settling patterns, and trends in claims frequency, to settle the obligation and a reliable estimate can be made of the amount of the obligation.

Outstanding claims

Claims outstanding comprise provision for the board’s estimate of the ultimate cost of settling all claims incurred but not yet reported at the balance sheet date. Claims outstanding are determined as accurately as possible, based on a number of factors, which include previous experience in claims pattern, claims settlement patterns, changes in the nature and number of cases according to incidence, trends in claims frequency, changes in the claims processing cycle, and variations in the nature and average cost incurred per claim.

1.10 Employee benefi ts

a) Defi ned benefi t plans

The board operates a defi ned benefi t pension scheme, which requires contributions to be made to a separately administered fund.

Existing employees

Past service costs, experience adjustments, the effects of changes in actuarial assumptions and the effects of plan amendments in respect of existing employees in a defi ned benefi t plan are recognised as an expense or as income systematically over the expected average remaining working lives of those employees, (except in the case of certain plan amendments where the use of a shorter time period is necessary to refl ect the receipt of economic benefi ts by the enterprise).

Plan terminations, curtailments and settlements

When it is probable that a defi ned benefi t plan will be terminated or that there will be a curtailment or settlement of the retirement benefi ts payable under that plan:(i) resulting increase in the board’s retirement benefi t cost is recognised as an expense immediately, and (ii) Any resulting gain is recognised as income in the period in which the termination, curtailment or settlement occurs.

b) Post retirement medical benefi t

The defi ned benefi t obligation, the related current cost and where applicable past service cost, is determined by using the Projected Unit Credit Method. A portion of the actuarial gains and losses is recognised as income or expense, provided the net cumulative actuarial gains and losses at the end of the previous reporting period exceed the greater of:• 10% of the present value of the defi ned benefi t obligation at that date (before deducting plan assets), and• 10% of the fair value of plan assets at that date

The portion of the actuarial gains and losses to be recognised, is equal to the excess calculated using the above limits, divided by the expected average remaining working lives of employees participating in the plan. Unvested past services cost is recognised as an expense on the straight-line basis over the average period until the benefi ts become vested, while vested past service costs are recognised as an expense in the income statement.

c) Accrual for leave pay

Employee entitlements to annual leave are recognised when they accrue to employees. A provision, based on total employment cost, is raised for the estimated liabilities as a result of services rendered by employees up to balance sheet date.

84

1.11 Materiality

Section 55(2) of the PFMA specifi es components of the Financial Statements and Annual Report that have to take into account tolerance levels both in terms of fi nancial, non fi nancial and disclosure of specifi c information such that it enables the Executive Authority to effectively perform their fi duciary duties. The Legal Aid Board has an approved materiality framework.

1.12 Presentation currency

All amounts have been presented in the currency of South African Rand which is the functional currency of the Board.

1.13 Services received in-kind

Services received in-kind consist primarily of attendance by certain Board members to Board and Committee meetings without remuneration due to their full-time employment in the Public Sector. The Board cannot reliably determine a fair value for this benefi t, and as a result does not recognise the value of these services received in the Statement of Financial Performance.

2. Property, plant and equipment

2009 2008Cost/ Accumulated Carrying Cost/ Accumulated Carrying

valuation depreciation value valuation depreciation valueR R R R R R

Owned assetsLand 87,132 - 87,132 87,132 - 87,132 Land and Building 23,769,000 293,540 23,475,460 - - - Motor vehicles 39,169,180 6,135,350 33,033,830 39,764,620 9,216,300 30,548,320 Furniture and fi ttings 27,400,070 19,007,981 8,392,089 23,920,216 17,533,130 6,387,086 Leasehold improvements 35,351,544 23,587,059 11,764,485 27,762,066 21,609,997 6,152,069 Computer equipment 52,139,667 33,462,118 18,677,548 49,489,049 30,467,637 19,021,412

177,916,593 82,486,048 95,430,544 141,023,083 78,827,064 62,196,019

Reconciliation of property,plant and equipment – 2009

Carrying value at

Additions Disposals Depreciation Restatement Carrying value at

beginning of year

end of year

R R R R R ROwned assetsLand 87,132 - - - - 87,132 Land and Building - 23,769,000 - (293,540) - 23,475,460 Motor vehicles 30,548,320 5,679,234 (428,318) (2,765,406) - 33,033,830 Furniture and fi ttings 6,387,086 2,153,405 (24,083) (500,497) 376,178 8,392,089 Leasehold improvements 6,152,069 8,617,990 (2,794) (3,002,780) - 11,764,485 Computer equipment 19,021,412 7,316,101 (96,638) (8,438,077) 874,750 18,677,548

62,196,019 47,535,730 (551,833) (15,000,300) 1,250,928 95,430,544

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Reconciliation of property, plant and equipment - 2008

Carrying value at

Additions Disposals Depreciation Restatement Carrying value at

beginning of year

end of year

R R R R R ROwned assetsLand 87,132 - - - - 87,132 Motor vehicles 19,642,567 15,216,505 (1,742,642) (2,568,110) - 30,548,320 Furniture and fi ttings 7,101,874 3,151,565 (33,759) (4,047,524) 214,930 6,387,086 Leasehold improvements 8,301,593 1,844,597 (418,500) (3,575,622) - 6,152,069 Computer equipment 8,297,906 15,693,573 (266,859) (5,757,404) 1,054,196 19,021,412

43,431,072 35,906,240 (2,461,760) (15,948,660) 1,269,126 62,196,019

LandLand is described as ERF 49947, portion of ERF 15610 Mitchells Plain, situated in the City of Cape Town, Cape Division Western Cape Province. It measures 2014 square metres. Land has been stated at cost price due to the fact that the title agreement has the condition to the effect that the property shall be utilised for the establishment of an offi ce of the Legal Aid Board. In the event that the Legal Aid Board does not utilise the property as stipulated in the agreement, or be no longer required for such purpose, the property shall revert to the City of Cape Town. The municipality will refund to the Legal Aid Board the purchase price paid less any administration charges paid.

Land and BuildingLand and building is described as ERF 4410 Johannesburg Township Registration Division I.R., provision of Gauteng, Johannesburg Division Gauteng Province. The land measures 1490 square metres, multi level offi ce building measures approximately 1490 square metres. It was transferred to the Legal Aid Board on 4 December 2008. The estimate useful life of the building is 25 years, R1,788.000 of the purchase price is allocated to the land and the balance of R22,051,464 to the building to comply with IAS 16.

2.1 Leased assets property, plant and equipment2009 2008

Cost/ Accumulated Carrying Cost/ Accumulated Carryingvaluation depreciation value valuation depreciation value

R R R R R RPhotocopiers 3,611,335 1,753,058 1,858,277 2,163,024 1,172,650 990,374 Cell phones 249,092 68,934 180,158 – – –

3,860,427 1,821,992 2,038,435 2,163,024 1,172,650 990,374


Leased assetsCarrying value at

Additions Disposals Depreciation Revaluation Carrying value at

beginning of year

end of year

R R R R R RPhotocopiers 990,374 2,139,681 (518,527) (753,251) 1,858,277 Cell phones – 249,092 – (68,934) 180,158

990,374 2,388,773 (518,527) (822,185) - 2,038,435

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Leased assetsCarrying value at

Additions Disposals Depreciation Revaluation Carrying value at

beginning of year

end of year

R R R R R RPhotocopiers 799,655 758,764 - (568,046) - 990,374

799,655 758,764 - (568,046) - 990,374

3. Intangible assets2009 2008

Cost/ Accumulated Carrying Cost/ Accumulated CarryingValuation amortisation value Valuation amortisation value

R R R R R RComputer Software 12,602,184 12,442,349 159,835 12,448,060 12,237,169 210,891

The carrying amounts of Intangible assets can be reconciled as follows:

Reconciliation of intangible assets – 2009

Carrying value at

Additions Disposals Amortisation Carrying value at

beginning of year

end of year

R R R R RComputer Software 210,891 203,929 (49,805) (205,180) 159,835

Reconciliation of intangible assets – 2008

Carrying value at

Additions Disposals Amortisation Carrying value at

beginning of year

end of year

R R R R R

Computer Software 1,109,621 72,745 - (971,475) 210,891

4. Trade and other receivables 2009 2008

R RTrade receivables 2,778,225 2,549,797 Discounting of receivables (155,908) (448,040)Provision for impairments of receivables (1,858,476) (1,926,000)Other receivables – Value Added Tax 335,559 335,559 Other receivables 2,332,659 2,162,925

3,432,059 2,674,241

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The directors consider that the carrying amounts of trade and other receivables approximates their fair value.

5. Assets held for sale

2009 2008

R RAssets related to computer hardware 36,315 -

The Legal Aid Board intends to dispose a group of computer hardware that were replaced in terms of the organisa-tion capital asset replacement program. The assets will be disposed within the next 6 months to the Legal Aid Board staff. No impairment loss was recognised for the group computer hardware at 31 March 2009.

6. Prepayments

Prepayments 220,368 1,137,567 220,368 1,137,567

Prepayments relate mainly to payments in advance for software licences.

7. Client trust funds

2009 2008

R RClient trust funds 407,277 196,264

407,277 196,264

8. Deposits 2009 2008These constitute mainly amounts paid to landlords R Ras security for rent repayment. 909,738 750,358

9. Finance Lease

Interest bearing borrowings 2009 2008

R RTotal lease liability 1,978,079 1,041,392 Current portion of lease liability (791,491) (598,092)Non current portion 1,186,588 443,300

The interest bearing borrowings are secured by photocopier machines (see note 2.1). The liabilities are repayable in equal monthly instalments on the 1st day of the month at prime interest rates respectively.

The Legal Aid Board entered into fi nance lease arrangements with different lessors in respect of photocopy machines. The period of the lease agreements range from 36 months to 60 months respectively with the liability repayable in equal monthly instalments.

88

Reconciliation of minimum lease payments with their present values

2009 2008Up to 1 year 2-5 years Total Up to 1 year 2-5 years Total

R R R R R RMinimum lease payments 1,008,428 1,408,503 2,416,931 963,881 520,443 1,484,324 Finance charges 187,815 196,067 383,882 357,836 59,866 417,702 Fair value adjustment 29,121 25,848 54,969 7,953 17,277 25,230 Present value 791,492 1,186,588 1,978,080 598,092 443,300 1,041,392

Finance Costs

2009 2008

R RFinance lease obligation 221,549 242,025

221,549 242,025

Finance costs relate to fi nance charges for photocopier and faxes fi nance leases.

10. Post-retirement medical benefi ts

In the past, the Legal Aid Board provided for the payment of medical aid for retired employees. This practice has ceased. However, a contractual obligation exists for certain employees who retired with this condition. It is anticipated that these amounts will be paid out over the remaining lives of these pensioners.

Carrying value at

Additional Used during the

Carrying value at

beginning of year

provisions year end of year

R R R RPost-retirement medical aid benefi ts 1,088,918 - - 1,088,918

1,088,918 - - 1,088,918

11. Provisions

Carrying value at

Additional Used during the

Carrying value at

beginning of year

provisions year end of year

R R R RJudicare 89,744,306 85,757,570 (89,744,306) 85,757,570 Bonuses 8,314,482 11,139,316 (8,314,481) 11,139,317 Provision for Incentive Payments

28,991,207 34,573,054 (28,991,207) 34,573,054

Impact Litigation 467,028 1,408,750 (467,028) 1,408,750 Corporate Litigation 1,050,605 - (1,050,605) -

128,567,628 132,878,691 (128,567,627) 132,878,692

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Judicare

The Legal Aid Board instructs independent legal practitioners where it believes that the interests of the client are best handled in this manner. These practitioners are paid according to a tariff set by the Board from time to time. A consequence of the nature of court cases is that while an estimate can be made of the cost of cases based on historical experience, the actual payments may vary. In addition, the length of time taken to complete cases often vary, in general payment is only made on completion.

Gross claims incurred comprise all claims arising from events that have occurred in the year and for which the Board is responsible,whether or not reported by the end of the year.

Net claims incurred comprise:• claims submitted and accrued for services rendered during the year net of recoveries, and• claims for services rendered during the previous year not included in the outstanding claims provision for that year,

net of recoveries.

Outstanding claims provision

The method used varies by the year being considered and observed historical claims development. To the extent that this method is used, historical claims development information which assume that the historical claims development pattern will occur again in the future. There are reasons why this may not be the case, which, in so far as they can be identifi ed, have been allowed for by modifying the method. Such reasons include:• economic, legal, political and social trends (resulting in different than expected levels of infl ation and/or minimum

legal benefi ts to be provided);• changes in the nature of the cases, and• random fl uctuation, including the impact of large cases

Changes in assumptions and sensitivities to changes in key variables

All assumptions are based on actual claims experience in determining the outstanding claims provision. Due to the nature of the provision, no material change is expected in any assumptions made.

The Board believes that the liability for claims reported in the balance sheet is adequate. However, it recognises that the process of estimation is based upon variable factors and assumptions which could differ when claims arise. A retrospective review of actual claims experience is performed monthly to determine the accuracy of the outstanding claims provision. Due to this, the impact of a change in the key variables is not considered to be signifi cant and no further sensitivity analysis is provided.

Bonuses

Employees who are members of the pension fund are entitled to structure their package in such a way that they receive a thirteenth cheque. The duty to pay this amount accrues monthly. The full amount of the accrual is paid out each year when it falls due. In addition an incentive payment is payable to employees during August each year based on their personal performance as well as that of the organisation as a whole.

Litigation

The Legal Aid Board, by the nature, of its activities, has at any time a number of legal matters in process. The cost of these as well as the possible effect of any outcome is provided for in the year in which the cause of action arises. No certainty exists as to the timing of when these amounts will be paid.

90

12. Trade and other payables 2009 2008

R RTrade payables 944,825 796,423 Discounting and interest of payables 136,360 224,646 Leave pay benefi ts 16,187,219 14,354,795 Accruals 2,509,935 16,148,752 Sundry creditors 12,667,109 15,497,938

32,445,448 47,022,554

13. Employee benefi ts

Pensions Defi ned benefi t retirement plan

The board operates a defi ned benefi t retirement plan for the benefi t of all employees. During the year, the Board contributed R42,691,440 (2008: R27,693,423) to the plan. The plan is governed by the Pension Funds Act, 1956 (Act no. 24 of 1956). The assets of the plan are administered by trustees in a fund independent of the Board. The fund is administered under the control of the national government. The National Treasury stands as guarantor for any shortfall that the fund may experience. For this reason, no provision is made in the books of the Legal Aid Board for any shortfall or surplus that may arise.

Medical

The board contributes to a medical aid scheme for certain retired employees. The liability for future contributions to the scheme in respect of 4 retirees was actuarially valued at year end. The scheme is valued every three years.

In the past, the Legal Aid Board provided for the payment of medical aid to retired employees. This practice has ceased. However, a contractual obligation exists for certain employees who retired with this condition. It is anticipated that these amounts will be paid out over the remaining lives of these pensioners.

The latest actuarial valuation was carried out at March 2007. The principal assumptions adopted by the actuary are that discount rates will be 2%, investment returns will average 8%. Medical costs trend rates 3% above CPI. The actuarial value of the promised benefi ts is R1,088,918 (2008: R1,088,918) which has been recognised as a liability.

R1,088,918 (2008: R1,088,918) of cash resources have been set aside for the purpose of meeting future post-retirement benefi ts.

2009 2008

R RLiability at the beginning of the year 1,088,918 1,099,517 Settlements - - Current Service cost - - Interest cost - - Actuarial Loss/(Gain) - - Total expenses for period (10,599)Liability at the end of the year 1,088,918 1,088,918

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14. Revenue

Gross revenue comprises grants from the National Revenue Fund. These funds are provided to the Legal Aid Board to enable it to meet the government's responsibility to provide legal services to those who cannot afford it. National Treasury granted the Legal Aid Board permission to retain its deferred government assistance from previous periods. These were to be spent in the year under review.

2009 2008

R RUnconditional government grantBaseline allocation 668,916,000 581,229,000 Case backlog funding 24,600,000 16,800,000 This relates to additional funds allocated specifi cally to assist in clearing the courts backlogsOnce off additional funding from the Department of Justice - 15,000,000 Occupational Specifi c Dispensation 144,604,000 - Funds allocated for implementing increased salaries following the approval of Occupational Specifi c Dispensation for legal professionals.

838,120,000 613,029,000

14.1 Other Income 2009 2008

R ROther income comprises Commission and Legal fees received/recovered 133,055 118,564 Profi t on sale of disposal of assets 3,414,223 891,609 Sundry income 1,602,615 2,920,628

5,149,893 3,930,801

14.2 Interest Income 2009 2008

R RInterest income consists mainly of income received from fundsinvested with the Corporation for Public Deposits 29,057,482 22,363,925

29,057,482 22,363,925

15. Administrative Expenses 2009 2008

R RCo-operation Agreements 3,445,312 4,667,174 Impact Litigation 4,004,919 2,650,266 Judicare 87,708,414 83,413,285 Civil Disbursements 1,999,240 1,597,971

97,157,885 92,328,696

92

15.1 Other expenses 2009 2008

R ROther expenses is made up of the following material expenses:

Audit Fees 2,051,996 1,749,283 Cleaning Services 2,880,497 2,368,949 Computer Software Licenses 5,906,982 5,991,484 Communication 1,963,240 3,411,397 Education and Training 5,188,475 4,390,903 Insurance - Group Life 10,198,337 8,503,830 Insurance Short Term 4,392,271 3,352,172 Library and Publications 2,219,481 613,135 Municipal Services 3,833,981 3,202,361 Maintenance Building 1,051,784 830,200 Maintenance Offi ce Equipment 1,351,737 925,538 Offi ce Rental 23,614,961 20,773,962 Postage and Courier 1,030,026 975,041 Printing and Stationery 5,942,820 4,178,501 Professional Services 1,269,006 1,921,657 Recruitment 1,144,704 1,401,126 Security Costs 988,281 965,585 Subscriptions and Membership fees 1,085,806 994,627 Telephone and Faxes 11,504,384 11,846,313 Travel and Subsistence 6,107,060 5,647,652 Vehicle Maintenance 2,013,038 1,847,052 Vehicle Fuel 6,450,121 4,991,161 Wide Area Network 6,280,185 4,939,102 Workshops 4,127,646 2,451,403 Other expenses, not material individually 15,358,489 13,066,157

127,955,308 111,338,591

Other expenses include change management, IT support, maintenance building, legal fees, document exchange etc.

16. Operating surplus

Operating profi t is stated after: 2009 2008

R RIncomeProfi t on disposal of property, plant and equipment (3,414,223) (891,609)ExpenditureAuditor's remuneration Audit fee 2,051,996 1,749,283

Depreciation 16,027,665 17,488,181 Property, plant and equipment 15,000,300 15,948,660 Finance lease 822,185 568,046 Amortisation of intangible assets 205,180 971,475

93

Lease rentals 23,314,630 21,425,632 Premises 23,614,961 20,773,962 Equipment 69,048 702,577 Rental restatement (369,380) (50,908)

Remuneration other than to employees for : 88,977,420 85,334,942 Managerial services 1,269,006 1,921,657 Judicare 87,708,414 83,413,285

17. Directors’ emoluments

2009 2008

17.1 Directors – non-executive R R – For services as directors

Name Comments

Judge D Mlambo Judge SCA - - Dr D Konar Benefi cial 65,924 76,236 Judge V Saldanha (LRC paid)* Non-benefi cial 13,440 32,811 Ms A Mosidi State Attorney - - Prof P Kruger Benefi cial 62,720 51,906 Mr J Maree Benefi cial 94,080 64,454 Adv P du Rand Non-benefi cial - - Mr M Makume Benefi cial 80,326 60,996 Ms N Memka (Memka & Ass paid) Benefi cial 49,280 20,313 Ms S Monaledi Regional Court Magistrate - - Ms N Mgadza Benefi cial 63,214 47,244 Prof Y Vawda Benefi cial 44,800 49,562 Ms M Naidoo (Black Sash paid) Non-benefi cial 24,640 34,633 Ms T Mhlungu Benefi cial 62,720 46,701 Judge E Molahlehi* Non-benefi cial - 1,131 Mr M Nxasana (Alternate member) Benefi cial 8,960 4,166 Adv D Mogagabe (Alternate member) Benefi cial - 4,340 Mr V Jarana Benefi cial 33,600 38,886 Adv M Kolbe Benefi cial 35,840 41,834 Ms E Gandhi Benefi cial 37,609 - Mr M Moabi Benefi cial 4,480 -

681,633 575,213 * Payment prior to appointment as Judge

94

17.2 Executive Management's Remuneration 2009 2008 – For services as executives R R

Name

Ms V Vedalankar - Chief Executive Offi cer 1,468,642 1,265,763 Mr J Makokoane - Chief Operating Offi cer 1,169,830 793,093 Ms R Hlabatau - Chief Financial Offi cer 1,052,889 925,495 Ms A Clark - Human Resources Executive* 63,115 - Mr L Mavuso - Human Resources Executive* - 531,188 Mr T Boshoff - Information Services Executive* - 346,618 Mr P Hundermark - Legal Development Executive 1,031,092 967,814 Mr B Nair - National Operations Executive 1,119,982 980,970 Mr P Brits - Corporate Services Executive 844,794 796,339 Mr A Naidoo - Internal Audit Executive 831,276 788,982 Mr V Mdaka - Regional Operations Executive KZN/MP 826,559 783,481 Mr T Mtati - Regional Operations Executive EC/FS 834,913 796,216 Ms C Robertson - Regional Operations Executive WC/NC 854,437 820,591 Ms W Lambley - Regional Operations Executive Gauteng/Limpopo 872,236 818,722 Mr O Masango - Information Services Executive 776,895 428,970 Mr LPM Zikalala - Human Resources Executive* 110,164 273,260 Mr V Mayisela - Regional Operations Executive FS/NW 770,160 -

12,626,983 11,317,502 * Portion of the year

18. Signifi cant leases 2009 2008

R R

National Offi ce 2,035,529 2,808,593

19. Commitments 2009 2008

R R

Judicare commitments 74,534,266 47,271,526

Corporate Legal fees commitments 1,366,776 1,050,605

The R74 million (2008:R47 million) committed expenditure related to the estimated value of instructions issued before year end where no accounts have been received. Refer to note 11 on Judicare provision.

R1,3 million and (2008:R1 million) approved but not contracted for expenditure related to the estimated instructions issued before year end where no accounts have been received.

Operating lease commitmentsOperating lease - Board as lessee

The future minimum lease payments under non-cancellable operating leases are as follows:

Not later than 1 year 21,248,157 Later than 1 year and not later than 5 years 63,888,216

85,136,373

95

20. Prior period errorIn the 2008 fi nancial year, the Legal Aid Board applied the accounting standard applicable to fi nance leases being IAS 17. This resulted in certain lease assets previously being accounted for as operating leases that had to be reclassifi ed as fi nance leases, and accounted for by adjusting the previous periods fi nancial information.

The effect of this adjustment would have resulted in the accumulated depreciation charge for the comparative year being adjusted, while the corresponding entry being made to the reserve account. However this entry was incorrectly passed to the depreciation account in the income statement for the 2007 year.

The effect of the correction of this error on 2007 fi nancial year is indicated as follows:

2007 Adjustment Restated

R R

Accumulated surplus 127,670,235 (317,635) 127,352,600

2008 Adjustment Restated

Depreciation 17,805,816 (317,635) 17,488,181

21. Comparative fi guresCertain comparative fi gures have been reclassifi ed having regard to the criteria for the selection and application of accounting policies in the Standard of Generally Recognised Accounting Practice.

22. Bad debts written off 2009 2008

R R

Bad debts written off 42,211 79,412

23. Related party disclosuresAll National departments of Government are regarded to be related parties in accordance with Circular 4 of 2005: Guidance on the term “state-controlled entities” in the context of IAS24 (AC126) - Related Parties, issued by the South African Institute of Chartered Accountants. No transactions are indicated simply by the nature or existence of the relationships between these entities. However, the following transactions and balances were recorded relating to transactions with related parties as defi ned above:

2009 2008

R RServices provided by related parties

Telkom 11,624,317 13,490,577 South African Revenue Services 87,201,738 59,923,234

98,826,055 73,413,811

96

Year-end balances arising from services provided to related parties

Payable to related parties

Telkom 945,351 - South African Revenue Services - -

945,351 -

Remuneration paid to senior management as defi ned 12,626,983 11,317,502 Refer to note 17 above

24. Notes to cash fl ow statement 2009 2008

R R24.1 Cash generated by operating activities

Net surplus 21,231,360 15,064,579 Adjustments for:Depreciation and amortisation 16,027,665 17,488,181 Interest received (29,057,482) (22,363,925)Movement in provisions 4,311,064 23,457,188 Tools and equipment written off 20,240 1,858,130 Surplus on disposals of property, plant and equipment (3,414,223) (891,609)

9,118,624 34,612,544 Movements in working capital(Increase)/decrease in accounts receivable (757,818) 921,554 (Decrease)/increase in accounts payable (14,577,106) 16,153,733

(6,216,301) 51,687,831

24.2 Cash and cash equivalents

Cash and cash equivalents consist of cash on hand and balances with banks. There is no restricted cash. Cash and cash equivalents included in the cash fl ow statement comprise the following balance sheet amounts:

2009 2008

R R

Cash and cash equivalents 230,656,030 251,981,956

97

25. Fruitless and wasteful expenditure

Material losses through criminal conduct 2009R R R

Amount of fraud

reported

Amount of fraud

recovered

Amount of fraud not recovered

Fraud 520,106 6,656 513,450

R6,656 related to intercepted cheques which were cashed, after being altered. The bank refunded the Legal Aid Board R6,656 after confi rming that the cheques were tampered with.

R435,450 relates to payment to fi ctitious creditors. The employee that was involved in the payment of fi ctitious creditors was suspended and subsequently dismissed. The Legal Aid Board has instituted criminal and civil charges against him.

R78,000 relates to payment for furniture that was not delivered to the Legal Aid Board. The Admin Manager responsible for this fraudulent expenditure resigned before he could be disciplined, criminal and civil charges have been instituted against him.

Unauthorised, irregular, fruitless and wasteful expenditure

Fruitless and wasteful expenditure

R R R

Amount of fruitless and

wasteful expenditure

reported


wasteful expenditure recovered


wasteful expenditure

not recovered

Candidate attorneys resigned and continued to be paid salaries. The Admin manager responsible for the fruitless and wasteful expenditure and other fraudulent expenditure resigned before he could be disciplined. The Legal Aid Board has instituted civil charges against him. Part of the fruitless and wasteful expenditure of R69,829 was recovered from the OSD payments.

89,829 51,212 38,617

A cost order was awarded against an attorney in our employ as a result of his negligent handling of the civil case. The Board is insured against such risks, but an excess of R20,000 was payable in terms of the insurance policy.

Unauthorised expenditure

No unauthorised or irregular expenditure occurred during the year under review

2009 2008

26. Ex-gratia payment R R

Payment made as an act of grace following loss of life and property - 71,429

5 HUMAN RESOURCES

99

5.1 STAFF EXPENDITURE

5.1.1 STAFF COST BY SALARY LEVELS

TABLE 4

Levels Personnel Cost Personnel Cost % Average cost per employee

Lower skilled Levels 1-2 R 4,479.69 0.00 R 124.44

Skilled Levels 3-5 R 83,827,484.33 16.49 R 6,492.72

Highly skilled production Levels 6-8 R 166,674,783.47 32.78 R 17,624.49

Highly skilled supervision Levels 9-12 R 242,004,203.29 47.60 R 33,504.67

Senior Management Service Levels 13-16 R 15,895,636.29 3.13 R 55,002.20

Total R 508,406,587.07 100.00

5.1.2 SALARIES, OVERTIME, HOME OWNER’S ALLOWANCE (HOA), MEDICAL AID PER REGION

TABLE 5

Regions Salaries amount

Salaries %

Overtime amount

Overtime %

HOA amount HOA % Medical assistance

Medical %

LAB National Offi ce

R 31,415,696.31 6.17 R 38,761.95 0.01 R 622,716.80 0.12 R 1,220,995.61 0.24

LAB WC & NC Region

R 71,261,811.05 14.01 R 0.00 0.00 R 1,237,358.40 0.24 R 1,626,383.25 0.32

LAB KwaZulu-Natal Region

R 82,188,270.65 16.17 R 1,836.77 0.00 R 1,417,020.00 0.27 R 2,289,999.20 0.45

LAB Eastern Cape Region

R 66,800,689.06 13.14 R 0.00 0.00 R 1,206,618.68 0.23 R 2,297,785.25 0.45

LAB Gauteng Region

R 98,216,052.95 19.32 R 0.00 0.00 R 1,691,766.40 0.33 R 3,182,945.25 0.63

LAB FS & NW Region

R 41,652,680.95 8.19 R 309.90 0.00 R 983,848.80 0.19 R 1,675,851.25 0.33

Total R 391,535,200.97 77.00 R 40,908.62 0.01 R 7,159,329.08 1.38 R 12,293,959.81 2.42

100

5.1.3 SALARIES, OVERTIME, HOME OWNER’S ALLOWANCE (HOA), MEDICAL AID PER SALARY LEVELS

TABLE 6

Levels Salaries amount Salaries %

Overtime amount

Overtime %

HOA amount HOA %

Medical assistance

Medical %

Lower skilled Levels 1-2

R 3,603.34 0.00 R 0.00 0.00 R 0.00 0.00 R 0.00 0.00

Skilled Levels 3-5

R 67,315,934.77 13.24 R 2,146.67 0.00 R 2,485,000.00 0.49 R 3,207,998.25 0.63

Highly skilled production Levels 6-8

R 124,150,626.78 24.42 R 38,761.95 0.01 R 3,759,242.00 0.74 R 5,140,784.20 1.01

Highly skilled supervision Levels 9-12

R 189,228,772.42 37.22 R 0.00 0.00 R 826,743.08 0.16 R 3,828,903.36 0.75

Senior Management Service Levels 13-16

R 10,836,263.66 2.13 R 0.00 0.00 R 88,344.00 0.02 R 116,274.00 0.02

Total R 391,535,200.97 77.00 R 40,908.62 0.01 R 7,159,329.08 1.41 R 12,293,959.81 2.42

5.2 EMPLOYMENT & VACANCIES

5.2.1 EMPLOYMENT & VACANCIES BY REGION

TABLE 7

Regions Number of posts Number of Posts fi lled

Vacancy Rate % *Number of Posts fi lled additional to establishment

National Offi ce 169 137 18.93 21

Eastern Cape 353 342 3.12 15

Free State & North West 340 319 6.18 9

KwaZulu-Natal & Mpumalanga 522 489 6.32 36

Gauteng & Limpopo 590 567 3.90 23

Western Cape & Northern Cape 445 427 4.04 22

Total 2419 2281 5.70 126

* Posts additional to establishment relate to temporary posts aimed at servicing case backlog courts funded by the Department of Justice and Constitutional Development

101

5.2.2 EMPLOYMENT & VACANCIES PER CRITICAL OCCUPATION

TABLE 8

Critical Occupation Number of posts Number of posts fi lled

Vacancy rate Succession planning candidates in the development programme

Legal 68 63 7% 20

Regional Support 10 9 10% 2

Finance 1 1 0% 1

Human Resources 1 1 0% 1

Internal Audit 1 1 0% 1

IT 1 1 0% 2

Legal Development 1 1 0% 3

Corporate Services 1 1 0% 1

National Operations 1 1 0% 3

Chief Operations 1 1 0% 2

Chief Executive 1 1 0% 2

Total 87 81 7% 38

5.3 JOB EVALUATION & GRADING

5.3.1 JOB EVALUATION & GRADING BY SALARY LEVELS

TABLE 9

Salary Bands

Nu

mb

er

of

po

sts

Nu

mb

er o

f Jo

bs

Eva

luat

ed

% o

f p

ost

s ev

alu

ated

by

sala

ry b

and

s

Post

U

pg

rad

ed

Post

s D

ow

ng

rad

ed

New

Po

sts

Nu

mb

er

% o

f p

ost

s ev

alu

ated

Nu

mb

er

% o

f p

ost

s ev

alu

ated

Nu

mb

er

% o

f p

ost

s ev

alu

ated

Lower skilled Levels 1-2 0 0 0% 0 0% 0 0% 0 0%

Skilled Levels 3-5 9 9 100% 4 44% 0 0% 0 0%

Highly skilled production Levels 6-8 30 30 100% 3 10% 0 0% 1 100%

Highly skilled supervision Levels 9-12 42 42 100% 19 45% 0 0% 4 100%

Senior Management Service Level 13 7 7 100% 2 29% 0 0% 0 0%




Total 98 98 100% 29 30% 0 0% 5 5%

102

5.4 EMPLOYMENT CHANGES

5.4.1 STAFF TURNOVER

TABLE 10

Period Support Staff Legal Staff CAs only

Legal StaffExcluding CAs

Legal Staff Including CAs

Total Excluding CAs

Total Including CAs

April 653 634 1014 1648 1667 2301

May 657 621 1020 1641 1677 2298

June 654 626 1017 1643 1671 2297

July 663 623 1029 1652 1692 2315

August 688 605 1014 1619 1702 2307

September 676 603 1048 1651 1724 2327

October 676 599 1053 1652 1729 2328

November 678 605 1056 1661 1734 2339

December 674 600 1064 1664 1738 2338

January 685 619 1076 1695 1761 2380

February 685 613 1088 1701 1773 2386

March 682 632 1093 1725 1775 2407

Totals

Average (per month)

673 615 1048 1663 1720 2335

Note: CAs are on fi xed term contracts and will leave the Legal Aid Board at the end of their 12 month or 24 month contracts.

5.4.2 REASONS FOR STAFF LEAVING

TABLE 11

Termination Type Number % of total Terminations

Abscondment 3 0.85%

Death 9 2.55%

Dismissal 9 2.55%

Resignation 175 49.58%

Expiry of contract 153 43.34%

Retirement 4 1.13%

Discharge due to ill-health 0 0%

Dismissal due to operational changes 0 0%

TOTAL 353 100%

103

New Engagements

Terminations CAs only

Terminations Excluding CAs

Total Terminations Including CAs

Turnover rate Excluding CAs

Turnover Rate Including CAs

48 28 11 39 0.48% 1.69%

37 14 15 29 0.65% 1.26%

40 16 2 18 0.09% 0.78%

55 15 5 20 0.22% 0.86%

26 22 11 33 0.48% 1.43%

50 23 11 34 0.47% 1.46%

44 17 18 35 0.77% 1.50%

39 10 12 22 0.51% 0.94%

15 13 12 25 0.51% 1.07%

60 38 13 51 0.55% 2.14%

44 19 12 31 0.50% 1.30%

58 10 6 16 0.25% 0.66%

516 225 128 353 7.21% 14.67%

43 19 11 29 0.60% 1.22%

104

5.5 EMPLOYMENT EQUITY

5.5.1 EMPLOYMENT EQUITY STATUS BY OCCUPATIONAL CATEGORY (INCLUDING PEOPLE WITH DISABILITIES)

TABLE 12

RACE AFRICAN COLOURED INDIAN

GENDER M % F % M % F % M %

Legislators, Senior Offi cials & Managers 62 32% 40 21% 9 5% 10 5% 10 5%

Professionals 415 42% 146 15% 58 6% 75 8% 33 3%

Technicians & Associated Professionals 374 46% 264 32% 35 4% 65 8% 17 2%

Clerks 73 18% 201 50% 8 2% 60 15% 4 1%

Plant & Machine Operators and Assemblers 2 100% 0% 0% 0% 0%

Total 926 651 110 210 64

Percentage 38% 27% 5% 9% 3%

5.5.2 EMPLOYMENT EQUITY STATUS BY OCCUPATIONAL LEVEL (INCLUDING PEOPLE WITH DISABILITIES)

TABLE 13

LAB LEVELS

RACE AFRICAN COLOURED INDIAN

GENDER Male Female Male Female Male

14 to 16 Top Management 6 2 2 2

12 to 13 Senior Management 28 10 4 3 5

10 to 11 Professionally Qualifi ed & experienced specialist and middle management 444 175 63 79 37

8 to 9 Skilled technical and academically qualifi ed workers, Junior Management 364 268 35 64 16

1 to 7 Semi-Skilled and discretionary decision making, administration offi cers, etc. 78 202 8 62 4

Total 920 657 110 210 64

Percentage 38% 27% 5% 9% 3%

105

WHITE TOTAL TOTAL DISABLED

F % M % F % M % F %

6 3% 35 18% 21 11% 116 60% 77 40% 193 2

52 5% 127 13% 82 8% 633 64% 355 36% 988 15

28 3% 13 2% 25 3% 439 53% 382 47% 821 2

14 3% 3 1% 40 10% 88 22% 315 78% 403 4

0% 0% 0% 2 100% 0 0% 2 0

100 178 168 1278 1129 2407 23

4% 7% 7% 53% 47% 100% 1%

WHITE TOTAL TOTAL DISABLED

Female Male Female Male Female

1 2 1 10 6 16 0

3 22 11 59 27 86 2

54 138 91 682 399 1081 10

29 14 26 429 387 816 6

13 2 39 92 316 408 5

100 178 168 1272 1135 2407 23

4% 7% 7% 53% 47% 100% 1%

106

5.6 RECRUITMENT FOR THE PERIOD

TABLE 14

GENDER Male Female TOTAL

RACE African Coloured Indian White African Coloured Indian White

Occupational Bands

Top Management 0 0 0 0 0 0 0 0 0

Senior Management 0 0 0 0 0 0 0 0 0

Professionally Qualifi ed & experienced specialist and middle management 47 6 5 23 16 2 3 9 111

Skilled technical and academically qualifi ed workers, Junior Management 9 0 1 0 7 0 0 1 18

Semi-Skilled and discretionary decision making, administration offi cers, etc. 21 2 0 0 35 6 5 0 69

Candidate Attorney 115 24 10 9 99 32 15 14 318

Unskilled and defi ned decision making 0 0 0 0 0 0 0 0 0

Total 192 32 16 32 157 40 23 24 516

107

5.7 TERMINATIONS BY OCCUPATIONAL BANDS

TABLE 15

GENDER Male Female TOTAL

RACE African Coloured Indian White African Coloured Indian White

Occupational Bands

Top Management 1 0 0 0 0 0 0 1 2

Senior Management 5 0 0 3 0 0 0 0 8

Professionally Qualifi ed & experienced specialist and middle management 43 7 5 5 10 12 3 3 88

Skilled technical and academically qualifi ed workers, Junior Management 4 1 1 0 1 0 1 0 8

Semi-Skilled and discretionary decision making, administration offi cers, etc. 15 0 1 2 10 4 2 6 40

Candidate Attorney 98 6 0 5 64 20 6 8 207

Unskilled and defi ned decision making 0 0 0 0 0 0 0 0 0

Total 166 14 7 15 85 36 12 18 353

5.8 PERFORMANCE REWARDS

TABLE 16

Levels Performance Incentive Bonus Performance Progression Increase

Skilled (Level 1 - 5 & LP1 & 2) R 3,600,401.29 R 1,719,431.90

Highly Skilled (Level 6 - 8 & LP3 to 8 ) R 11,309,015.61 R 3,240,190.81

Highly Skilled Supervisory (Level 9 - 12 & SU1 & SU2) R 6,146,762.72 R 2,228,868.34

Senior Management (Level 13 to 16 & CM1) R 7,729,843.47 R 938,448.14

R 28,786,023.09 R 8,126,939.19

108

5.9 LEAVE UTILISATION

5.9.1 ANNUAL LEAVE

TABLE 17

Offi ce Accumulated Leave days

Number of employees with accumulated leave days

Average days per employee

Estimated Cost (R`000)

National Offi ce 1,116.40 135 8.27 1,438,243

Eastern Cape 2,958.48 296 9.99 2,782,506

KZN & Mpumalanga 3,948.25 407 9.70 3,452,974

Free State & North West 2,012.67 274 7.35 1,787,129

Gauteng & Limpopo 4,506.11 479 9.41 4,090,163

Western Cape & Northern Cape 3,265.51 362 9.02 2,754,221

Total 17,807.42 1,953 9.12 16,305,236

5.9.2 SICK LEAVE

TABLE 18

Region Sick Leave Entitlement

Total Days Taken

Number of employees using sick

leave

% of employees using sick

leave

Average days per

employee

Estimated Cost of Sick Leave taken

(R`000)

National Offi ce 4,896 1,067 136 80% 8 719,946

Eastern Cape 11,196 1,882 311 88% 6 1,209,326

KZN & Mpumalanga 15,228 2,666 423 81% 6 1,718,335

Free State & North West 9,252 1,498 257 75% 6 952,599

Gauteng & Limpopo 14,976 2,202 416 70% 5 1,524,531

Western Cape & Northern Cape 14,436 2,893 401 90% 7 1,724,080

Total 69,984 12,208 1,944 80% 6 7,848,817

109

5.9.3 STUDY LEAVE

TABLE 19

Region Study Leave Days Taken Number of employees using study leave

Estimated Cost (R`000) of Study Leave Taken

National Offi ce 125 21 76,335

Eastern Cape Region 398 81 154,330

KZN & Mpumalanga Region 877 124 351,338

Gauteng & Limpopo Region 822 176 333,202

Western & Northern Cape Region 571 126 225,248

Free State & North West Region 445 89 167,348

Total 3238 617 1,307,801

5.10 HIV/AIDS & HEALTH PROMOTIONS PROGRAMMES

5.10.1 STEPS TAKEN TO REDUCE THE RISK OF OCCUPATIONAL EXPOSURE

The environment does not have high occupational risks.

5.10.2 DETAILS OF HEALTH PROMOTION AND HIV/AIDS PROGRAMMES:

TABLE 20

Question Yes No Details, if yes

1. Has the Legal Aid Board (LAB) designated a member of the SMS to implement the provisions of the HIV/AIDS Strategy of the LAB? If so, provide her/ his name and position.

Dayalan Naidoo - Organisation & Employee Development Manager

2. Does the LAB have a dedicated unit or has it designated specifi c staff members to promote the health and well being of your employees? If so, indicate the number of employees who are involved in this task and the annual budget that is available for this purpose.

05 Human Resources Managers 01 Human Resources Manager (Special Projects) Budget: HIV/AIDS - R337 243 Budget: Employee Wellness R129 750

3 Has the LAB introduced Employees Assistance or Health Promotion Programmes for our employees? If so, indicate the key elements / services of the Programme.

Employee Wellness Education and awareness programmes

Referrals to Lifeline and External Service Providers HIV/AIDS Awareness Programmes Peer Educators, Health Promotion DVD Cycle of Vitality, Health and Wellness Promotion

Programme

110

Question Yes No Details, if yes

4 Has the LAB established a committee as contemplated in the Act. If so, please provide the names of the members of the committee and the stakeholder(s) that they represent.

HIV/AIDS Committee Members: Amanda Clark (HR) Dayalan Naidoo (HR) Richard Baloyi (HR) Gudu Mngomezulu (HR) Thabitha Monyela Thabiso Nyamane Joy Mohlala Gordon Maake Felicity Zulu Aggie Dhlewayo Anne More Raymond Nenjelele Sophie Poo Roselyn Mphaga Rochelle Morgan Cynthia Kulla 86 Trained Peer Educators. 70 First Aid Members Nationally and Regionally 63 Justice Centre Executives and 05 Regional

Executives and 07 National Offi ce Executives are assigned safety duties in terms of Section 16 (2) Of the Occupational Health and Safety ACT NO 85 OF 1993

5 Has the LAB reviewed its employment policies and practices to ensure that these do not unfairly discriminate against employees on the basis of their HIV status? If so, list the employment policies/practices so reviewed.

Recruitment & Selection Policy Terms and conditions of employment Employment Equity policy Study Assistance and Education Policy Training and Development Policy Sexual Harassment, Intimidation and Victimisation

in the Workplace Employee Wellness Policy Handling Incapacity Health and Safety Guidelines Grievance and Disciplinary Policy and Procedure HIV/AIDS Policy

6. Has the LAB introduced measures to protect HIV positive employees or those so perceived to be HIV from discrimination? If so, list the key element of these measures.

HIV/AIDS Policy Employment Equity Policy Code of Good Practice HIV/Aids Education and Awareness Grievance and Disciplinary Policy and Procedure Health and safety guidelines

7. Does the LAB encourage its employees to undergo Voluntary Counselling and Testing? If so, list the results that you have achieved.

Voluntary Counselling and Testing was conducted nationally at 22 Justice Centres and 5 Regional Offi ces during February 2009 to March 2009. 204 Staff members participated in the 2008/9 VCT programme, the prevalence rate for 2008/9 is 3,92%

8 Has the LAB developed measures / indicators to monitor and evaluate the impact of its health promotion programme? If so, list these measure / indicators.

Staff participation in the annual Voluntary Counselling and Testing Programme and the trained Justice Centre Peer Educators provide Health and Wellness feedback on all Health and Wellness activities conducted at respective Justice Centres

111

5.11 LABOUR RELATIONS

5.11.1 COLLECTIVE AGREEMENTS

The Legal Aid Board (LAB) entered into a recognition agreement with SAPTU (South African Parastatals & Tertiary Institutions Union) and implements resolutions concluded at the PSCBC (Public Service Coordinating Bargaining Council) although the LAB is not necessarily party to the collective agreement.

5.11.2 TYPES OF MISCONDUCT ADDRESSED AT DISCIPLINARY HEARINGS

TABLE 21

Type of misconduct Number % of total

Gross negligence / negligence 7 6%

Insubordination 14 12%

Poor work performance 4 3%

Violation of IT/LAB Policies 12 10%

Dereliction of duty 14 12%

Misuse of/Damage to LAB property 4 3%

AWOL 22 19%

Misuse of sick leave 31 27%

Under the infl uence of alcohol on duty 2 2%

Intimidation of colleagues/subordinates 2 2%

Dishonesty/Misrepresentation 2 2%

Theft/Fraud 2 2%

Total 116 100%

5.11.3 DISCIPLINARY ACTION TAKEN PER RACE & GENDER

TABLE 22

Race Male Female Total

African 63 29 92

Indian 12 4 16

Coloured 5 2 7

White 1 0 1

Total 81 35 116

112

5.11.4 GRIEVANCES LODGED

TABLE 23

GRIEVANCES LODGED Number % of total

No. of grievances resolved 7 30%

No. of grievances not resolved 16 70%

Total no. of grievances lodged 23 100%

5.11.5 DISPUTES LODGED WITH THE CCMA & LABOUR COURT

TABLE 24

GRIEVANCES LODGED Number % of total

No. of disputes upheld 16 59%

No. of disputes dismissed 0 0%

No. of disputes outstanding 9 33%

Other (settled etc.) 2 7%

Total no. of disputes lodged 27 100%

STRIKE ACTION

No strike action

113

5.12 SKILLS DEVELOPMENT

5.12.1 TRAINING PROVIDED

TABLE 25

Occupational Bands

Gender

Lead

ersh

ip

Leg

al T

rain

ing

Para

leg

al

Trai

nin

g

Skill

s P

rog

ram

mes

an

d o

ther

sh

ort

co

urs

es

Oth

er

Dev

elo

pm

enta

l P

rog

ram

mes

Tota

l nu

mb

er o

f p

erso

ns

Dis

able

d p

erso

ns

Legislators, Senior Offi cials and Managers

Female 77 8 5 2 15

Male 116 7 13 5 25 2

Professionals Female 355 2 473 7 3 485 1

Male 633 5 820 25 15 865 11

Technicians and Associated Professionals

Female 382 20 123 43 186

Male 439 31 143 37 211 4

Paralegals Female 315 63 65 311 136 575 3

Male 90 40 94 149 78 361 2

Sub Total Female 1129 93 446 184 723 4

Male 1278 83 330 135 548 19

Total 2407 176 1293 159 776 319 2723 23

5.13 INJURIES ON DUTY

TABLE 26

Injury Number of Incidents Comments

Fatality Nil –

Reportable Injuries 19 Mainly due to slipping on stairs and minor motor vehicle accidents

Minor Injuries Nil –

6 NATIONAL AND REGIONAL MANAGEMENT AND CONTACT DETAILS

115

Seated, from left: Fawzia Bacus (Verulam JCE), Vela Mdaka (Regional Operations Executive), Zanele Msweli (Umlazi JCE)Middle row, from left: Bongani Mngadi (Port Shepstone JCE), Mbangomuni Maphumulo (Vryheid JCE), Vis Nair (Pinetown JCE), Fathima Buckus (Newcastle JCE)Back row, from left: Bhekizenzo Mthethwa (Empangeni JCE), Bertus Appel (Pietermaritzburg JCE), Kishore Mehta (Durban JCE), Andre Britz (Regional Legal Manager) and Mandla Ntobela (Ladysmith JCE)

Seated, from left: Ronelle Arendse (Bellville JCE), Cobus Esterhuizen (Cape Town JCE), Cordelia Robertson (Regional Operations Executive), Mark Gaffl ey (Athlone JCE), and Noxolo Maduba (Kimberley JCE)Back row, from left: Pieter Terreblanche (George JCE), Bismarck Boqwana (Colesberg JCE), Nelis Du Plessis (Caledon JCE), Kenneth Klopper (Regional Legal Manager), Elroy McHelm (Worcester JCE), Kenneth Makgetha (Upington JCE), Janus Roothman (Vredendal JCE) and Milford Mrwetyana (Regional Human Resources Manager)Absent: Shawn Flowers (Stellenbosch JCE)

KWAZULU-NATAL MPUMALANGA REGIONAL MANAGEMENT

WESTERN CAPE NORTHERN CAPE REGIONAL MANAGEMENT

116

Seated, from left: Aysha Ismail (JCE Germiston), Tsakani Maluleka-Sihlangu (JCE Tzaneen), Wilna Lambley (Regional Operations Executive), Jacqueline Maimela (JCE Modimolle), Nomawethu Mtebele (JCE Tembisa), Elzane De Jager (JCE Vereeniging)Back row, from left: Ncikazi Moahloli (JCE Krugersdorp), Delia Delport (JCE Benoni), Anton Crouse (JCE Soweto), Thabo Ledwaba (JCE Polokwane), Thomas Madzaga (JCE Makhado), Danie Lemmer (JCE Johannesburg), Elton Makhadi (Acting JCE Thohoyandou), Mmeli Motsepe (JCE Alexandra), Flavia Isola ( JCE Pretoria), Fuzile Ngxukumeshe (JCE Soshanguve)

Front Row, from left: Lynette Franklin (JCE Port Elizabeth), Joseph Bosealetse (JCE Graaff-Reinet), Lynette Marais (JCE Queenstown), Chantal Galant (Regional Accountant), Netarie Verwey (JCE Aliwal North), Thembile Mtati (Regional Operations Executive), Tobeka Maqwati (JCE Butterworth), Leslie Gwele (JCE Mthatha)Second row, from left: Peter Crous (Regional Principal Attorney) and Vusi Dayimani (JCE Grahamstown)Third row, from left: Tracy Spolander (Regional Administration Manager) and Linda Magaxeni (JCE King William’s Town)Inserts, from bottom: Hope Bambiso (JCE East London), Henry Lerm (JCE Uitenhage), Thenjiwe Magazi (Regional Human Resources Manager)

GAUTENG AND LIMPOPO REGIONAL MANAGEMENT

EASTERN CAPE REGIONAL MANAGEMENT

117

Front row, from left: Wouter de Villiers (Bethlehem JCE), Mothusi J Khumalo (Vryberg JCE), Stefani De Villiers (Welkom JCE), Vincent Mayisela (Regional Operations Executive), Mpho Kgabi (Rustenberg JCE), Bert Viljoen (Lichtenburg JCE), Melinda de Kock (Klerksdorp JCE), Lot Madungandaba (Phuthaditjhaba JCE)Back row, from left: Piet Grove (Kroonstad JCE), Pieter Nel (Bloemfontein JCE), Monde Mnyembane (Regional Principal Attorney), Dawie Reyneke (Mafi keng JCE), Tebogo Makhafola (Ga-Rankuwa JCE), Peter Makamedi (Potchefstroom JCE), Machini Motloung (Botshabelo)

FREE STATE AND NORTH WEST REGIONAL MANAGEMENT

118

6.1 National Offi ce Contact Details

29 De Beer Street, Braamfontein, Johannesburg, 2017, South AfricaPrivate Bag X76, Braamfontein, 2017Docex 117, Johannesburg

Tel: +27 11 877 2000Fax: +27 11 877 2222Website: www.legal-aid.co.za

Name Position Telephone No. E-mail address

Judge Dunstan Mlambo Chairperson 011 – 877 2063 [email protected]

Ms Vidhu Vedalankar Chief Executive Offi cer 011 – 877 2055 [email protected]

Mr Jerry Makokoane Chief Operations Offi cer 011 – 877 2055 [email protected]

Mr Brian Nair National Operations Executive 011 – 877 2006 [email protected]

Ms Rebecca Hlabatau Chief Financial Offi cer 011 – 877 2092 [email protected]

Mr Patrick Hundermark Legal Development Executive 011 – 877 2051 [email protected]

Mr Peter Brits Corporate Services Executive 011 – 877 2003 [email protected]

Ms Amanda Clark Human Resources Executive 011 – 877 2026 [email protected]

Mr Obert Masango Information Services Executive 011 – 877 2088 [email protected]

Mr Avie Naidoo Internal Audit Executive 011 – 877 2070 [email protected]

Mr Mpho Phasha Communications Executive 011 – 877 2039 [email protected]

119

6.2 Justice Centre and Satellite Offi ces Contact Details

LEGAL AID BOARD

GAUTENG & LIMPOPO REGION

No Justice Centre

Justice Centre Executive

Postal Address Physical Address Telephone Number

Fax Number

GAUTENG PROVINCE

1 Alexandra Mr Mmeli Motsepe P O Box 1192Bramley2018

650 Louis Botha AveBramleyJohannesburg2018

011 786 3603011 786 8170011 786 9311

011 786 0862

2 Benoni Ms Delia Delport P O Box 2972Benoni1500

Docex 12

23 Tom Jones Street1st FloorBedfourt Court BuildingBenoni1501

011 845 4311 011 421 1082011 420 2097

3 Germiston Mrs Aysha Ismail P O Box 4302Germiston South 1401

Docex 23

9th FloorStandard Bank Towers247 President StreetGermiston1401

011 842 7300 011 825 7987011 872 1527

4 Johannesburg Mr Danie Lemmer P O Box 62378Marshalltown2107

Docex 259

9th Floor Zurich Financial Services previously SA Eagle House70 Fox StreetJohannesburg2001

011 870 1480 011 870 1488/9

5 Krugersdorp Mrs Ncikazi Moahloli

P O Box 660Krugersdorp1740

Docex 19

3rd Floor ABSA Building Cnr Kruger & Human StreetKrugersdorp

011 660 2335011 660 2310011 660 2338

011 660 2050

6 Pretoria Mrs Flavia Isola P O Box 1281Pretoria0001

Docex 350

6th Floor Van der Stel Building179 Pretorius StreetPretoria

012 401 9200 012 324 1950

7 Soshanguve Fuzile Ngxukumeshe

P O Box 401Soshanguve164

Docex 5Pretoria North

Medicos CentreStand No 2093Block HSoshanguve0152

083 383 4731

120

8 Soweto Mr Anton Crouse P O Box 392Pimville1808

Docex 115

Ground Floor75 Mmesi Park Offi ceDobsonville Shopping CentreElias Motsoaledi RoadDobsonville1808

011 988 9011 011 988 8975

9 Tembisa Ms Nomawethu Mtebele

PO Box 1725Tembisa1620

Docex 30Kempton Park

Summore Hardware Building348 Rev Namane StreetTlamatlama SectionTembisa

083 578 9890

10 Vereeniging Ms Elzane de Jager P O Box 3948Vereeniging1930

Docex 25

8 Jasmine MansionsSenator Marks AveVereeniging1938

016 421 3527 016 421 4287

LIMPOPO PROVINCE

11 Makhado Mr Thomas Madzaga

P O Box 4591Louis Trichardt0920

Docex 8Louis Trichardt

Noor GardensCnr Krogh & Devenish StreetLouis Trichardt0920

015 519 1100 015 519 1103

12 Modimolle Ms Jacqueline Maimela

P O Box 4373Modimolle0510

Docex 8Louis Trichardt

Shop 8Nyl Sake SentrumNelson Mandela DriveModimolle0510

014 717 4977 014 717 4980

13 Polokwane Mr Thabo Ledwaba P O Box 1314Polokwane0700

Docex 24

2nd Floor Pioneer Building52 Landros Marais StreetPolokwane0700

015 291 2429 015 295 4386

14 Thohoyandou Mr Mashudu Nenngwekhulu

P O Box 3550Thohoyandou0950

Docex 2

Shop 2Metropolitan ComplexThohoyandou0950

015 962 6206015 962 6268015 962 6269

015 962 6383

15 Tzaneen Ms Tsakani Maluleke-Sihlangu

P O Box 2365Tzaneen850

Docex 16

2nd Floor Tzaneen CrossingSkurving StreetTzaneen

015 307 3129015 307 6223015 307 3227015 307 3216

015 307 3113

Gauteng & Limpopo Regional Offi ce

Ms Wilna Lambley ROE

P O Box 16237Lyttelton

Docex 134

144 Cantonment StreetSelborn CentreLytteltonPretoria0157

012 664 2921 021 664 6920

121

LEGAL AID BOARD

KWAZULU-NATAL & MPUMALANGA REGION

No Justice Centre Justice Centre Executive


Fax Number

KWAZULU-NATAL PROVINCE

1 Durban Mr Kishore Mehta

P O Box 4397Durban4000

Docex 214

Suite 4014th FloorSalibury House 330 Smith StreetDurban4001

031 304 0100031 304 3162031 304 3163

031 304 3564031 304 0471

2 Empangeni Mr Bhekizenzo Mthethwa

P O Box 38Empangeni3880

Docex 18

Mazuli House7 Maxwell StreetEmpangeni3008

035 792 4949035 792 4952

035 792 4954

3 Ladysmith Mr Mandla Ntobela

P O Box 1181Ladysmith3370

Docex 9Ladysmith

18A Queen StreetLadysmith3370

036 638 2500 036 637 5036

4 Newcastle Ms Fathima Buckus

P O Box 1850Newcastle2940

Docex 7

65 Scott StreetNewcastle2940

034 328 7100 034 312 3426

5 Pietermaritzburg Mr Bertus Appel

Suite 173Postnet X9118Pietermaritzburg 3200

Docex 64

20 Otto StreetPietermaritzburg3201

033 394 2190033 394 2264

033 342 2576

6 Pinetown Mr Vis Nair P O Box 1006Pinetown3600

Docex 162

Suite 27 Umdoni Centre28 Crompton StreetPinetown 3600

031 719 2700 031 701 5880

7 Port Shepstone Acting JCEDarren De Bruin

P O Box 50148Port Shepstone4240

Docex 5Port Shepstone

Shop 19 & 20 ASheppie MallAiken StreetPort Shepstone4240

039 688 9600

039 682 5908

8 Umlazi Ms Zanele Msweli

P O Box 36265Ntokozweni4089

Docex 1

V1332Ithala Industrial ParkCnr Mangosuthu Highway & Road 1902 Umlazi4031

031 918 8100 031 906 1477

122

9 Verulam Ms Fawzia Bacus

P O Box 183Verulam4340

Docex 380 Durban

Suite 11st FloorAyesha Razak Centre23 Groom StreetVerulam4340

032 533 2654032 533 2657032 533 2449032 533 3068032 533 3417032 533 5328

032 533 2651

10 Vryheid Mr Mbangomuni Maphumulo

P O Box 852Vryheid3100

Docex 5Vryheid

Ground Floor SuiteABSA Building199A Church StreetVryheid3100

034 989 8300034 989 8301

034 989 8311

MPUMALANGA PROVINCE

11 Ermelo Mr Matthew L Shongwe

P O Box 656Ermelo2350

Docex 9Ermelo

14 Joubert StreetErmelo2350

017 819 7291017 819 7292

017 819 7270

12 Middelburg Ms Marlie Kotze P O Box 827Middleburg1050

Docex 3

Room 102D, 1st FloorWonderpark CentreCnr Church & Dr Beyers Naude StreetMiddleburg1050

013 243 5964013 243 4296013 282 1254013 282 1253

013 282 1235

13 Nelspruit Mr Sipho Ndlovu

P O Box 5103Nelspruit1200

Docex 31

Room 8068th Floor30 Brown StreetNedbank BuildingNelspruit1200

013 753 2154 013 755 1540

14 Witbank Mr Rodney Mashego

P O Box 4373Witbank1035

Docex 51

Room 701Sanlam Forum BuildingArras StreetWitbank1035

013 656 5290013 656 2061013 656 0583013 690 2283

013 656 5291

KwaZulu-Natal & Mpumalanga Regional Offi ce

Mr Vela Mdaka ROE

P O Box 2489Pinetown3600

Docex 261Durban

7th Floor Charter HouseCnr Crompton & Union StreetPinetown 3600

031 717 8450 031 702 1960

123

LEGAL AID BOARD

EASTERN CAPE REGION

No Justice Centre Justice Centre Executive


Fax Number

EASTERN CAPE

1 Aliwal North Ms Netarie Verwey

P O Box 153Aliwal North

Docex 4

58 Somerset StreetAliwal North9750

051 633 2530051 633 2155

051 634 2662

2 Butterworth Tobeka Maqwati P O Box 553Butterworth4960

Docex1

Suite 2Bungalow MallUmtata RoadButterworth

047 401 3800 047 401 3809

3 East London Mr Hope Bambiso P O Box 7570East London5200

Docex 57

1 Commissioner StreetEast London5201

043 704 4700 043 704 4716

4 Graaff-Reinet Mr Joseph Bosealetse

P O Box 326Graaff-Reinet6280

Docex 3

64 Church StreetGraaff-Reinet6280

049 807 2500 049 892 6033

5 Grahamstown Mr Vusi Dayimani P O Box 105Grahamstown6140

Docex 18

69 High StreetGrahamstown

046 622 9350 046 622 8873

6 King Williams Town

Ms Linda Magaxeni

P O Box 2323King Williams Town5600

Docex 4

2nd FloorOld Mutual BuildingCnr Cathcart & Macclean StreetKing Williams Town

043 604 6600 043 642 4885

7 Mthatha Mr Leslie Gwele P O Box 536Mthatha5099

Docex 13

22 Durham StreetMthatha5099

047 501 4600 047 531 4144

8 Port Elizabeth Ms Lynette Franklin

P O Box 3433North End6056

Docex 127

1st Floor President Centre564 Govan Mbeki AveNorth End6001

041 408 2800 041 487 3335HCU041 484 5189

9 Queenstown Ms Lynette Marais P O Box 1398Queenstown5320

Docex 28

No 2 Robinson RoadQueenstown5319

045 807 3500 045 838 4620

124

10 Uitenhage Mr Henry Lerm P O Box 459Uitenhage 6230

Docex 6

32-36 Baird StreetUitenhage6230

041 991 1811 041 991 1815

Eastern Cape Regional Offi ce

Mr Thembile Mtati ROE

P O Box 63799GreenacresPort Elizabeth6056

Docex 131

159 Cape RoadMill ParkPort Elizabeth6001

041 373 8296 041 373 1315

LEGAL AID BOARD

WESTERN CAPE & NORTHERN CAPE REGION

No Justice Centre



Fax Number

WESTERN CAPE PROVINCE

1 Athlone Mr Mark Gaffl ey P O Box 166Athlone 7760

Docex 9

2nd FloorMelofi n Centre7764Athlone

021 697 5252 021 697 5316

2 Bellville Ms Ronelle Arendse Docex 70Bellville

Van Der Stel BuildingCnr Voortrekker & Durban StreetBellville7535

021 949 3062 021 426 5766

3 Cape Town Mr Cobus Esterhuizen P O Box 516Cape Town 8000

Docex 19

5th & 6th FloorNedbank Building85 St George MallCape Town8001

021 426 4126 021 426 5766

4 George Mr Pieter Terblanche Docex 27George

Tommy Joubert BuildingCnr Craddock & Courtenay StreetGeorge6530

044 802 8600 044 874 0779

5 Caledon Mr Nelis Du Plessis Docex 3Caledon

3 Mill StreetCaledon7230

028 212 1815 028 212 1826

6 Stellenbosch Mr Shawn Flowers P O Box 534Stellenbosch7600

Docex 38

Room 101, 1st FloorEikestad MallStellenbosch7600

021 882 9221 021 882 9237

7 Vredendal Mr Janus Roothman Docex 3Vredendal

9 Dorp StreetVredendal8160

027 201 1030 027 213 2627

125

8 Worcester Mr Elroy MacHelm Docex 1Worcester

First Floor Nedbank BuildingCnr High & Stockenstrom StreetWorcester6850

023 348 4040 023 348 4051

NORTHERN CAPE PROVINCE

9 Colesberg Mr Bismarck Boqwana Docex 4Colesberg

30 Church StreetOrtlepp HouseColesberg9795

051 753 2280/3051 753 2281

051 753 2284

10 Kimberley Ms Noxolo Maduba P O Box 846Kimberley 8300

Docex 4

43 Sidney StreetKimberley 8301

053 832 2348 053 832 2356

11 Upington Mr Kenneth Makgetha Postnet 100P/Bag X5879Upington8800

Docex 12

16 Weideman StreetUpington8801

054 337 9200 054 337 9210

Western & Northern Cape Regional Offi ce

Ms Cordelia Robertson ROE

Docex 23Stellenbosch

Shiraz HouseBrandwacht Offi ce ParkStellenbosch7600

021 886 8653/4/5/6

021 886 8657

LEGAL AID BOARD

FREE STATE & NORTH WEST REGION

No Justice Centre



Fax Number

FREE STATE PROVINCE

1 Bethlehem Mr Wouter de Villiers P O Box 1324Bethlehem9700

Docex 15

Cnr Commissioner & Naude StreetBethlehem9701

058 303 6824 058 303 6823

2 Bloemfontein Mr Pieter Nel P O Box 9899Bloemfontein9300

Docex 46

2nd FloorSt Andrews Centre113 St Andrews StreetBloemfontein9301

051 447 9915051 447 7263051 447 0466051 447 2136051 447 0902051 447 5043

051 447 2106

3 Kroonstad Mr Pieter Grove P O Box 2229Kroonstad9500

Docex 12

99 Murray StreetKroonstad9501

056 216 4800 056 212 4522

126

4 Phuthaditjhaba Mr Lot Madungandaba

Private Bag X 831Witsieshoek9870

FDC Offi ce Block ECnr Motloung & Setai StreetPhuthaditjhaba9866

058 713 4953058 713 4983058 713 5000

058 713 5002

5 Welkom Acting JCE Ms Stefani De Villiers

P O Box 335Welkom9460

Docex 1

Archiquant Building8 Heerent StreetWelkom9460

057 357 2847057 357 1680057 357 1835057 357 1724

057 357 1948

NORTH WEST PROVINCE

6 Ga-Rankuwa Acting JCEMr Tebogo Makhafola

P O Box 23Ga-Rankuwa North0209

Docex 3 Akasia

Shop No 58AGa-Rankuwa City CentreGa-Rankuwa North0209

012 700 0595012 700 0587012 700 0565012 700 1416

012 700 0890012 700 1908

7 Klerksdorp Ms Melinda de Kock P O Box 2793Klerksdorp2570

Docex 9

3rd Floor, Room 33175West End BuildingSiddle StreetKlerksdorp2571

018 464 3022 018 462 8607

8 Lichtenburg Mr Bert Viljoen P O Box 1208Lichtenburg2740

Docex 7

25 Bantjes StreetLichtenburg2740

018 632 7600 018 632 7609

9 Mafi keng Acting JCEMr Dawie Reyneke

P/Bag X2125Mafi keng2745

Docex 8

3rd Floor, East GalleryMega City ComplexMmabatho2735

018 384 3503018 384 4668018 384 4267018 384 4768

018 384 4796

10 Potchefstroom Mr Peter Makamedi P O Box 1447Potchefstroom2520

Docex 23

2nd Floor Royal BuildingJames Moroka StreetPotchefstroom

018 293 0045 018 297 7425

11 Rustenburg Ms Mpho Kgabi P O Box 2090Rustenburg0300

Docex 31

Offi ce No 21Thlabane Community ComplexThlabane0390

014 565 5704014 565 5823014 565 5822

014 565 6821

12 Vryburg Acting JCE Mr Mothusi J Khumalo

P O Box 652Vryburg8601Docex 7

Vryburg MallCnr Decock & Vry StreetVryburg8601

053 927 0095053 927 0145053 927 0142

053 927 0119

Free State & North West Regional Offi ce

Mr Vincent Mayisela ROE

P O Box 6861Bloemfontein9301

Docex 125Bloemfontein

163 Nelson Mandela DriveSanlam BuildingBloemfontein9301

051 447 3636 051 447 3754

127

LEGAL AID BOARD

SATELLITE OFFICES

No Justice Centre No Satellite Offi ce


Fax Number

GAUTENG PROVINCE

1 Benoni 1 Nigel P O Box 2972Benoni1500

Kingsway Chambers11 Kingsway AvenueNigel1491

011 814 5159 011 814 5259

2 Soweto 2 Westonaria P O Box 392Pimville1808

Shop 3 Elizabeth CentrePresident StreetWestonaria

011 753 2604 011 753 2629

3 Vereeniging 3 Heidelberg P O Box 3948Vereeniging1930

Portion 424 Uekerman StreetEnslin BuildingHeidelberg 1441

016 341 4430 016 341 4430

4 Frankfort P O Box 3948Vereeniging1930

55 A Brand StreetFrankfort

058 813 1624 058 813 2171

LIMPOPO PROVINCE

4 Makhado 5 Musina P O Box 4591Louis Trichardt920

Limpopo BuildingNational RoadMessina Ext 2Musina

015 519 1100 015 519 1103

5 Modimolle 6 Lephalala P O Box 4373Modimolle0510

Stamax BuildingFirst FloorBooysen Street

6 Polokwane 7 Mokopane P O Box 1314Polokwane0700

31 Retief StreetSpar ComplexBusiness 20Mokopane 0626

015 491 4461 015 491 4759

8 Lebowakgomo P O Box 1314Polokwane0700

Old Mutual BuildingFirst FloorLebowakgomo

073 149 3414

7 Tzaneen 9 Giyani PO Box 835Giyani826

Old Spar SupermarketOpp Shell Garage1st FloorMain RoadGiyani 0826

015 812 3065 015 812 3697

10 Phalaborwa P O Box 2365Tzaneen850

Phalaborwa Old Medical BuildingSecond FloorWildevy Avenue

015 781 0960 015 781 0976

128

KWAZULU NATAL PROVINCE

8 Empangeni 11 Ingwavuma PO Box 38Empangeni3880

Cnr Jozini andKwaNgwanase RoadIngwavuma3968

035 591 0950035 591 1709

035 591 0907

12 Mkuze PO Box 38Empangeni3880

Unit No 2350/60 Mkuze Town RoadMkuze3974

035 573 1655 035 576 1656

9 Ladysmith 13 Estcourt P O Box 1181Ladysmith3370

Shop No 1 127 Albert StreetEstcourt3310

036 352 1997 036 352 1998

10 Newcastle 14 Dundee P O Box 1850Newcastle2940

Unit 1356 Smith StreetDundee3000

034 212 4351034 212 4460

034 212 4534

11 Pietermaritzburg 15 Greytown Suite 173Postnet X9118Pietermaritzburg 3200

Shop No 140 Bell Street Greytown3250

033 417 2146 033 417 2146

16 Bulwer Suite 173Postnet X9118Pietermaritzburg 3200

Shop 5Stavcom BuildingMain RoadBulwer

039 832 0515/6

039 832 0518

12 Port Shepstone 17 Kokstad P O Box 50148Port Shepstone4240

Shop No 486 Main StreetKokstad4700

039 727 5081039 727 5098

039 727 5082

18 Ixopo P O Box 33Ixopo3276

Shop No 3Ixopo Bottlestore BuildingMargaret StreetIxopo3276

039 834 2962039 834 9392

039 834 2967

13 Verulam 19 Stanger P O Box 183Verulam4340

Suite 1 Stanger MallStanger Mall55 King Shaka StreetStanger4450

032 551 3740032 551 3767

032 551 3957

14 Vryheid 20 Ulundi P O Box 852Vryheid3100

Fairbreeze Offi ce ParkPrincess Magogo StreetUlundi3838

035 870 0832 035 870 3108

129

MPUMALANGA PROVINCE

15 Ermelo 21 Piet Retief PO Box 809Piet Retief2380

14 Kruger StreetPiet Retief2380

017 826 4567 017 826 2725

22 Eerstenhoek P O Box 656Ermelo2350

Stand Number 17 Nhlazatshe GElukwatini1192

017 883 1112017 883 1113

017 883 1114

16 Middelburg 23 Groblersdal P O Box 827Middleburg1050

Eldorado 7Voortrekker StreetGroblersdal470

013 262 4770013 262 4769

013 262 4768

17 Nelspruit 24 Lydenburg PO Box 1146Lydenburg1120

29 de Clerk StreetLydenburg1120

013 235 9940 013 235 1669

25 Bushbuckridge PO Box 2357Bushbuckridge1280

R40 RoadProtea BuildingBushbuckridge1280

013 799 1831-3

013 799 1835

26 Tonga PO Box 1021Kwalugedlane1341

Stand 77Tonga View

013 780 3211013 780 3021

013 780 3073

18 Witbank 27 Secunda PO Box 7630Secunda2302

Docex 8

1st FloorMedical Centre BldSecunda ComplexSecunda

017 634 8532 017 634 6571

EASTERN CAPE PROVINCE

19 Aliwal North 28 Sterkspruit PO Box 153Aliwal North9750

Site 99Main Street Sterkspruit

051 611 0348051 611 0351

051 611 0349

20 Grahamstown 29 Somerset East/Oos

P O Box 448Somerset East5850

Visser SentrumNjoli StreetSomerset Oos5850

042 243 0610 042 243 0610

30 Cradock P O Box 448Cradock5880

Adderley StreetMarket Square Cradock5880

048 881 4867 048 881 2275

21 King Williams Town

31 Fort Beaufort P O Box 2323King Williams Town5600

No 68 Durban StreetFort Beaufort

046 645 2279 046 645 2270

32 Stutterheim P O Box 2323King Williams Town5600

43 Hill StreetStutterheim4930

043 683 1090 043 683 1093

130

22 Mthatha 33 Lusikisiki P O Box 536Mthatha5099

Shop 9 & 10Embassy Building AMCA RoadLusikisiki

039 253 1442 039 253 1442

34 Mount Fletcher

P O Box 536Mthatha5099

271 Main StreetMount Fletcher

039 257 0501 039 257 0501

35 Mount Frere P O Box 536Mthatha5099

Erf 339 Hospital RoadMt Frere

039 255 1473 039 255 1473

23 Port Elizabeth 36 Humansdorp P O Box 3433North End6056

Tredalux Building23 Main Street Humansdorp6300

042 295 2794042 295 2906042 295 2799042 295 2782

042 295 2768

24 Queenstown 37 Elliot P O Box 1398Queenstown5320

18 Market StreetElliot5460

045 9311 984045 9311 988

045 9311 986

WESTERN CAPE PROVINCE

25 Athlone 38 Mitchells Plain P O Box 166Athlone 7760

Mitchells Plain CourtMitchells Plain7785

021 397 6061 021 397 8130

26 Cape Town 39 Atlantis P O Box 516Cape Town 8000

Shop 12Wesfl eur Medical CentreWesfl eur CircleAtlantis 7349

021 572 8522

40 Vredenburg P O Box 516Cape Town 8000

1st Floor Standard Bank BuildingMain StreetVredenburg7380

022 713 1006 022 713 1007

27 George 41 Beaufort West 102 Bird StreetBeaufort West6970

023 415 1689 023 414 3162

42 Riversdale 23 Dickson StreetRiversdale6670

028 713 4620 028 713 4621

28 Caledon 43 Swellendam 67 Voortrek StreetSwellendam6470

028 514 3026 028 514 2674

29 Stellenbosch 44 Malmesbury P O Box 534Stellenbosch7600

24 Hugenote StreetMalmesbury7300

022 482 1784 022 482 4307

30 Vredendal 45 Springbok Portion of Old Royal FoodCnr van Riebeck & Loop StreetSpringbok 8240

027 718 2449 027 718 2453

131

NORTHERN CAPE PROVINCE

31 Colesberg 46 De Aar 47 Church StreetDe Aar7000

053 631 1950

32 Kimberley 47 Hartswater P O Box 846Kimberley 8300

21 Tom Naude StreetHartswater8570

053 474 0341053 474 0342053 474 0346

33 Upington 48 Postmasburg Postnet 100P/Bag X5879Upington8800

15A Koedoe StreetPostmasburgNorthern Cape8420

053 313 0020 053 313 0452

49 Kuruman Postnet 100P/Bag X5879Upington8800

3 Federale Mynbou StreetKuruman8460

053 712 3782 053 712 3783

NORTH WEST PROVINCE

34 Klerksdorp 50 Wolmaranstad Kruger Street 36AWolmaranstad2630

Docex 9

12 Kruger StreetKruger MallWolmaranstad2630

018 596 2775018 596 2733

018 596 1004

35 Lichtenburg 51 Delareyville P O Box 1208Lichtenburg2740

Cnr du Toit & Louw StreetCFK CentreDelareyville2740

053 948 1182 053 948 1092

36 Potchefstroom 52 Carletonville P O Box 1447Potchefstroom2520

Docex 23

49 A van ZylSmit StreetOberholzer2500

018 787 2346 018 787 2346

FREE STATE PROVINCE

37 Bloemfontein 53 Botshabelo P O Box 9899Bloemfontein9300

12 BOK Shopping ComplexVarese CentreBotshabelo 9781

051 534 4398 051 534 4930

54 Ladybrandt P O Box 9899Bloemfontein9300

Docex 46

18 Church StreetLadybrandt

051 924 0356051 924 0350051 924 0351

051 924 0360

38 Bethlehem 55 Ficksburg P O Box 1324Bethlehem9700

15 Erwee StreetFicksburg9730

015 933 3061 015 933 4089

39 Phuthaditjhaba 56 Vrede Private Bag X 831Witsieshoek9870

55 Church StreetShop No 6Vrede9835

132

ADR Alternative Dispute Resolution

AFS Annual Financial Statements

A-G Auditor-General

AI AdInfi nitum

ATP Awaiting Trial Prisoners

BAC Bid Adjudication Committee

BCP Business Continuity Plan

BEE Black Economic Empowerment

BI Business Intelligence

BP Business Plan

CA(s) Candidate Attorney(s)

CAT Children Awaiting Trial

CBO Community Based Organisation

CEO Chief Executive Offi cer

CFO Chief Financial Offi cer

CJS Criminal Justice System

COO Chief Operations Offi cer

Co-op Co-operation

CRM Customer Relationship Management

CSA Control Self Assessment

CSE Corporate Services Executive

DC District Court

DM Diversity Management

DoJ Department of Justice

DoL Department of Labour

DPSA Department of Public Service Administration

DRP Disaster Recovery Plan

EE Plan Employment Equity Plan

GCB General Council of the Bar

HC High Court

HCU High Court Unit

HRE Human Resources Executive

IAE Internal Audit Executive

IDP Individual Development Plan

IIA Institute of Internal Auditors

IS Information Services

IT Information Technology

JC Justice Centre

JCE Justice Centre Executive

JC(s) Justice Centre(s)

JEG Job Evaluation and Grading

KM Knowledge Management

LA Talk Legal Aid Talk

TABLE 27 ABBREVIATIONS AND ACRONYMS

133

LAB Legal Aid Board

LAG Legal Aid Guide

LAN Local Area Network

LDE Legal Development Executive

LR Labour Relations

LSC Legal Services Committee

LSTC Legal Services Technical Committee

LTA Leave to Appeal

M/Exco Management Executive Committee

MIS Management Information System

MOU Memorandum of Understanding

MTEF Medium Term Expenditure Framework

NCM National Communications Manager

NCOP National Council of Provinces

NGO Non-Governmental Organisation

NO National Offi ce

NOE National Operations Executive

NT National Treasury

OCP Organisational Culture Programme

OCS Organisational Culture Survey

PA(s) Professional Assistant(s) / Principal Attorney(s)

PC Performance Contract

PDP People Development Programme

PFMA Public Finance Management Act

PMS Performance Management System

PPU Payment Processing Unit

QA Quality Assurance

RC Regional Court

RFP Request For Proposals

ROE Regional Operations Executive

SARB South African Reserve Bank

SAPS South African Police Service

SCA Self Control Assessment

SCM Supply Chain Management

SLA Service Level Agreement

SO Satellite Offi ce

SOP Standard Operating Procedure

SPA Supervisory Professional Assistant

SPP Senior Public Prosecutor

STT Simulated Training Techniques

VPN Virtual Private Network

WAN Wide Area Network

RP112/2009ISBN: 978-0-621-38650-9