1. INTRODUCTION, BACKGROUND AND TRANSFORMATION OF STAFF COMPOSITION
Justice College presents practice orientated functional legal training to the following occupational groups:
- Civil Court Magistrates
- Presiding officers of the Divorce/Family Court
- Commissioners of Child Welfare
- Maintenance officers
- Criminal Court Magistrates
- Regional Court Magistrate
- State Advocates
- Public Defenders
- Clerks of the Civil and Criminal Courts
- Registrars of the High Court
- Masterís Office Personnel
- Deeds offices
In addition, academic support through legal tuition is presented to Departmental officials enrolled for the LLB degree at UNISA. Classroom tuition is further presented to officials attached to Deed Registries and enrolled with the Technikon SA for the National Diploma in the Registration of Deeds. The College also provides legal training in a variety of legal subjects to officials of other government departments.
Justice College, during the year under review, underwent drastic transformations pertaining to staff composition and course/seminar contents. Transformation took place in an concerted effort to give effect to the aims set out in Justice Vision 2000.
Although a number of experienced lecturers resigned during the period under review, the College with perseverance and effective management, succeeded to fulfill it's obligation in terms of the work programme. Not a single course/seminar had to be cancelled because of the lack of capacity. On the contrary, a number of new important training initiatives were embarked upon having a great impact on the administration of justice in the Department in general. Justice College presented training to 4,569 officials of the Department - (1,312 were magistrates and 1 610 were prosecutors) and to 2,949 officials of other departments (779 were probation officers from the Department of Welfare). In total 7,518 persons were trained by Justice College during the period under review. (Annexure "A")
It would be safe to say that no other Government Department demonstrates a similar commitment to training and development of itís and other Human Resources.
Mention should also be made of the following:
1.1.1 Representivity of the Staff Component
On 1 May 1997 the College's complexion looked as follows:
6 white males
27 whites 22 males
3 blacks 8 females
By 1 October 1998 the complexion of the College was transformed as follows:
5 whites 5 males
4 blacks 4 females
19 whites 15 males
15 black 19 females
1.1.2 Guest Speaker Programme
This is a programme designed to assist in the transformation process by introducing prominent black judges, lawyers and magistrates to address the College at regular intervals. Hitherto we have had an address by the President of the Constitutional Court, Judge Chaskalson, and the newly appointed Director of Public Prosecutions Mr Bulelani Ngcuka.
A policy has also been implemented that all functional training courses include an address by a black guest speaker.
The restructuring endeavours undertaken by Justice College are based on the recognition and support for the constitutionally entrenched principle of the independence of the judiciary.
A new organogram for Justice College has been developed to promote the fundamental principle of judicial independence and to make the approach to training more practical. In the past Justice College consisted of a Private Law Directorate and a Public Law Directorate. A change is planned: It is intended that two new directorates, namely a Directorate: Judicial Training and a Directorate: General Training will be formed. The Directorate: Judicial Training will constitute a completely separate judicial training unit and will attend to the training needs of magistrates. It will take direction from the Magistrates Commission in terms of policy and content. The role of Justice College will merely be to implement such training policy. Independence will thus not only be functional but also apply to the training of magistrates. Similar judicial training models are at present successfully utilized in countries such as Germany, France and Zimbabwe.
Similarly, the section dealing with the training of prosecutors will take direction from the National Director of Public Prosecutions in terms of policy and content and Justice College will implement such policy decisions.
Justice College is furthermore proposing that the Directorate Human Resource Development with itís Sub-directorates Training and Bursaries become a third directorate of Justice College during the forthcoming departmental organisational re-alignment process. This would allow for an integrated approach to training - with administration and management training included in all the appropriate courses presented at Justice College.
Discussion with the Re-alignment Task Team are underway.
1.3.1 Support for and Empowerment of the Regional Offices
During the course of 1998, in excess of 20 weekís training was presented on a decentralized basis. This training, and the logistics thereof was done in collaboration with the regional offices. Proposals for further decentralization through training of trainers, and co-operation with various law faculties are being circulated. It may at this stage also be mentioned that 69 decentralized courses will be presented during 1999.
1.3.2 Telematic Training
Justice College has submitted a business plan for the installation of a teletraining system at Justice College. This will allow us to do decentralized training through video conferencing. The business plan includes the installation of reception centres in all nine regional offices and totals R2,900,00.00. It was well received by USAID and we await their response.
Formulation of a Training Policy
The Chief Directorate: Human Resources Development and Justice College have developed a draft training policy which promotes an integrated approach to training and our training programmes are taken up jointly in a comprehensive Course Catalogue for all training in the department.
1.5 Quality Assurance
1.5.1 Needs assessment and assessment of impact of training
A consultative meeting was held on 1 September 1998 with the various occupational groups to ensure that Justice College is on track in terms of their training needs. Such meetings will be ongoing to ensure that training addresses their particular needs and to maintain an ongoing dialogue with our clients. The impact of training will also be discussed at these meetings.
1.5.2 Empowerment and Evaluation of Lecturers/Managers
The continued development and training of lecturers/managers is an important aspect of our empowerment programme.
A number of lecturers attended the SAMDI (Level 1) train-the-trainers course during the period under review. Newly appointed lecturers will also attend same in due course. It is envisaged that all lecturers will attend the SAMDI (Level 2) course during 1999.
Damelin will be presenting a course for all trainers at Justice College at the beginning of 1999 and junior lecturers are being afforded the opportunity of fast-track training as prosecutors from November 1998 to April 1999.
1.5.3 Upgrading of notes
A permanent committee has been established to deal with the upgrading, maintaining and translation of Justice College notes. A set of 177 study notes exists at Justice College and we continually make them available to justice officials, magistrates and attorneys.
A full set was requested by the library of the Johannesburg High Court.
2. Transformation of Content through Special Projects
2.1 During the period under review Justice College became involved in and planned a number of special projects which did not form part of the initial work programme for the period under review. All these projects involve training in one form or the other and is intended to facilitate the transformation of the training offered at Justice College. They are:
2.1.1 Fast-track training of civil court magistrates.
2.1.2 Training on the Prohibition of illegal evictions.
2.1.3 Training for the Family / Divorce Courts, including training for presiding officers, clerks and maintenance officers.
2.1.4 Training of Commissioners of Child Welfare.
2.1.5 Training of Maintenance Officers
2.1.6 Mediation training.
2.1.7 Training for Legal Aid Officers.
2.1.8 Training for State Attorneys.
2.1.9 Training on Legislative / Legal Drafting.
2.1.10 Labour Relations Training.
2.1.11 Lay Assessor Training.
2.1.12 Training on Violence against Women.
2.1.13 Human Rights Training
2.1.14 Social Context Training.
2.2.15 Training on the Haque Convention on International Child Abduction.
2.2 The following Special Projects are planned or being implemented in terms of the NCPS:
2.2.1 Fast-track training of prosecutors.
2.2.2 Cross-cutting / Joint training (Police, Correctional Services, Welfare, Home Affairs).
2.2.3 Blitz on Bail
2.2.4 Trial Advocacy training
2.2.6 Training for Public Defenders
2.2.5 Training on Guidelines: prevention of Violence against Women
2.2.7 Child Law: Training on aspects pertaining to Child victims, witnesses and offenders
2.2.8 Human Rights Training
2.2.9 Training on Court Management / Case Flow Management
2.2.10 University Diploma for Interpreters
2.2.11 Language Laboratory
2.2.12 Fast-track training for registrars
2.2.13 NCPS Quick-fix training projects
2.3 Co-operation with the National Director of Public Prosecutions
Thirteen business plans were developed and submitted to USAID at the request of the NDPP. They deal with the following:
2.3.1 Prosecutions management system
2.3.2 Trial advocacy
2.3.3 Code of Conduct
2.3.4 Constitutional and Human Rights Litigation
2.3.5 Sexual violence against and abuse of women and children
2.3.6 The prosecutor as the peopleís lawyer: community liaison
2.3.7 Distance learning through the Technikon SA
2.3.8 Fast-track training of prosecutors
2.3.9 Internships of law graduates
2.3.10 International exchange programmes
2.3.11 Legal skills development (language proficiency and legal writing)
2.3.12 Computer training
3. REGIONAL CO-OPERATION
Justice College presented training courses in Namibia at the request of the Namibian Department of Justice and officials from Swaziland and Lesotho regularly attend courses at the College. A Justice College lecturer presented papers at the International Seminar for judges and magistrates held in Gaborone, Botswana at the end of January. We maintain close links with the Departments of Justice in Mozambique and Angola.
The Justice Training College in Harare, Zimbabwe assisted Justice College with the hosting of a UNDCP subregional conference on Drug Trafficking.
4. FOREIGN ASSISTANCE
The following foreign assistance programmes are/will be based at Justice College:
4.1. Canada-South Africa Justice Linkage Project
The Canadian Project Manager (Ms Pickett) has been installed at Justice College and the Advisory Committees have approved the following activities for implementation during 1998/1999.
4.1.1 Constitutional Law and Human Rights Training Programme for Magistrates and Prosecutors.
4.1.2 Social context and Diversity training for Prosecutors and Magistrates.
4.1.3 Judgement writing for Magistrates.
4.1.4 Judicial ethics, independence and accountability for Magistrates.
4.1.5 Bench books for civil and criminal court magistrates.
4.1.6 Prosecutorís manual.
4.1.7 Report on the training of judicial officers in South Africa.
4.1.8 Audit of Justice College.
4.1.9 Train-the-trainers programme.
4.2. United Nations Development Programme: Human Rights Institutional Strengthening Project
In terms of the agreement between the RSA and the UNDP and the subsequent SA/UN Human Rights Technical Assistance Project, a Human Rights Officer is based at Justice College to assist with Human Rights Training in the Department of Justice and other departments.
4.3 International Criminal Investigative Training Assistance Programme (ICITAP)
The Government of the United States of America has assigned Mr Patrick Lang to the Department of Justice through ICITAP. He is based at Justice College and has been involved in the development of training programmes for prosecutors and investigating officers on money laundering, drug trafficking and other transnational crimes.
4.4 UN Drug Control Programme
The UNDCP is in the process of launching a subregional (sub-Sahara) Drug Control programme in Africa and approached Justice College to host the first conference on this project. Fifteen African countries are involved. Draft programme available.
4.5 Commonwealth Secretariat
This involves the appointment of an expert at Justice College to do capacity building at Justice College in terms of legislative drafting / legal writing.
4.6 United States Information Service
From time to time USIS brings out United State judges to assist with the training of judges and magistrates in South Africa.
4.7 Judicial Conference of the US (Judge Cynthia Hall)
The Chairman of the Committee on International Judicial Relations, Judge Cynthia Hall from the US Court of Appeals has visited Justice College and was escorted to the Eastern Cape to do a needs assessment. They have also offered to assist with the training of magistrates and judges.
4.8 Raoul Wallenberg Institute, Lund, Sweden
The institute assisted us with the training of Regional Magistrates and State Advocates on Human Rights and will spend the next three years on Human Rights training for prosecutors.
4.9 Royal Danish Embassy
Donor funding for: a) The training of lay assessors
1) Training on Violence against Women
Donor funding for: a) Fast-track training of civil court magistrates
1) Telematic training
2) Twelve training projects for the NDPP. (See 2.3)
5. The Work Programme for 1999 is attached hereto for your information (Annexure "C").
[Ed. note: Annexures A, B and C are not included.]