SAJEI Annual Report V12

ANNUAL REPORT SOUTH AFRICAN JUDICIAL EDUCATION INSTITUTE 2017/18

TABLE OF CONTENTS

Executive Summary

1

PART A - South African Judicial Education Institute 2 1. Governance of SAJEI 3 2. SAJEI Team 4 3. Functions of the Institute 5

PART B - SAJEI PERFORMANCE 2017/18

6

1. Audited Financial Statement

7

2. Auditor’s Report

8

3. Report of the Activities Undertaken in 2017/18

9

PART C

10

1. Research Projects

11

PART D

12

1. Support to Foreign Institutions

13

PART E

14

1. Partnerships

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PART F

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1. Statement of the progress made during the previous year: 2017/18

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PART G - ANNEXURES

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Audited Financial Statement

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SAJEI I Annual Report I 2017/18

Enhancing Judicial Excellence

EXECUTIVE SUMMARY During the 2017/18 financial year SAJEI deliverd 91 judicial education courses as against 90 in the previous financial year, of note is that less judical officers attended the courses. SAJEI intends to accelerate efforts in ensuring that more judical officers attend courses in the forthcoming financial years. For the current financial year, three seminars were conducted for Judges covering a number of topics for example; Procurement law, Wildlife Trafficking, Liquidation and Tax. One of the seminars was attended by Judges from Mozambique, Kenya and Tanzania, they were resource persons and participants. Regional Magistrates attended two workshops on Promotion of Administrative Act (PAJA) and Criminal Court skills. Due to resource constraints only 75 workshops for District Magistrates were conducted as against 71 in the previous financial year. Of note is that SAJEI conducted the first workshop for 46 newly appointed Senior Magistrates. The purpose of the workshop was to enhance leadership and judicial case management skills of these Magistrates. SAJEI is grateful for the commitment and support of the Chief Magistrates. As part of the mandate of SAJEI, six (6) workshops were conducted for those aspiring to be Judicial officers, covering all three levels of the Judiciary. SAJEI also provides support to other institutions. For the current financial year, military Judges were trained on judgment writing. SAJEI has received support from partners on Facilitation skills, judicial leadership, HIV/TB and Human rights. A regional roundtable on HIV/TB and Human Rights supported by United Nations Development Program (UNDP) was coordinated by SAJEI during the current financial year. It was attended by members of the Judiciary from Kenya, Ghana, Tanzania, Nigeria, Mozambique and South Africa. SAJEI is working hard to have regional and international footprint on judicial training.

Despite resource constraints, SAJEI continues to deliver on its mandate through the guidance, leadership and support of SAJEI governance structures.

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SAJEI I Annual Report I 2017/18

PART A SOUTH AFRICAN JUDICIAL EDUCATION INSTITUTE

Enhancing Judicial Excellence

SOUTH AFRICAN JUDICIAL EDUCATION INSTITUTE 1. GOVERNANCE OF SAJEI The Council is responsible for the governance of the SAJEI as provided for in the SAJEI Act (2008). The Accounting Officer is the Secretary-General of the Office of the Chief Justice (OCJ). The members of the Council are as follows:

President Mandisa Maya: Supreme Court of Appeal

Justice Chris Jafta: Constitutional Court

Chief Justice Mogoeng Mogoeng: Chairperson

Deputy Chief Justice Raymond Mnyamezeli Mlungisi Zondo: Deputy Chairperson

Justice Steven Majiedt: Supreme Court of Appeal

Justice Fritz Brand (Retired): Supreme Court of Appeal

Dr Mathole Motshekga (MP): Judicial Service Commission (JSC)

Mr John Jeffery (MP): Deputy Minister of Justice and Constitutional Development

Mr Mpopelele Langa: Regional Court President Western Cape

Judge President Monica Leeuw: North West High Court Division

Judge President John Hlophe: Western Cape High Court Division

Justice Nambitha Dambuza: Supreme Court of Appeal

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SAJEI I Annual Report I 2017/18

Mr Oswald Krieling: Chief Magistrate Northern Cape

Ms Tule-tu Tonjeni: Chief Magistrate Mpumalanga

Ms Gaynae Tuck: Senior Magistrate Eastern Cape

Ms Jakkie Wessels: Regional Court President Limpopo

Professor Managay Reddi: Dean of Law, University of KwaZulu-Natal

Advocate Tererai Mafukidze: Advocate

Mr Nkosana Mvundlela: Attorney

Professor Letlhokwa Mpedi: Dean of Law, University of Johannesburg

Nkosi Winston Mavundla: Traditional leader

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Enhancing Judicial Excellence

2. SAJEI TEAM

The SAJEI team comprises of the following officials as well as Judicial Officers:

a. Chief Executive Officer (CEO) b. Deputy Director: Executive Support to the CEO c. Personal Assistant to the CEO d. Chief Director: Judicial Education Support e. Director: Curriculum Development & E-learning f. Director: Judicial Education g. Deputy Director: Judicial Education and Research (Vacant) h. Deputy Director: Senior Event Coordinator i. Event Coordinators x 3 j. Law Researchers x 2

k. Judicial Educators x 5 (4 Senior Magistrates and 1 Regional Magistrate) Note: Four Judicial Educators (Senior Magistrates) are placed at SAJEI for a period of five years, effective from 1 September 2016. 3. FUNCTIONS OF THE INSTITUTE

The functions of the Institute as listed in section 5 of the SAJEI Act (2008) are as follows:

3.1 To establish, develop, maintain and provide Judicial education and professional training for Judicial Officers.

3.2 To provide entry level education and training for aspiring Judicial Officers to enhance their suitability for appointment to Judicial office.

3.3 To conduct research into Judicial education, professional training and to liaise with other Judicial education and professional training institutions, persons and organisations in connection with the performance of its functions.

3.4 To render assistance to foreign Judicial institutions and courts as may be agreed upon by the Council.

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PART B SAJEI PERFORMANCE 2017/18

Enhancing Judicial Excellence

SAJEI PERFORMANCE 2017/18 1. Audited Financial Statement

SAJEI is a programme within the OCJ and therefore the Annual Financial Report of the Department includes the Institute. (Annexure A) 2. Auditor’s Report

SAJEI is a programme within the OCJ and therefore the Audit Report of the Department includes the Institute.

3. REPORT OF THE ACTIVITIES UNDERTAKEN IN 2017/18 The Report provides details of continuing Judicial education courses for Judges, Regional Magistrates, District Magistrates, training of aspiring Judicial Officers and of newly-appointed members of the Judiciary. Additional activities included in this report are on research and support to foreign institutions in terms of section 5 of the SAJEI Act (2008). 3.1 CONTINUING JUDICIAL EDUCATION 3.1.1 JUDGES The Institute conducts continuing Judicial education seminars for Judges on an annual basis. In carrying out its mandate as stated in the SAJEI Act (2008), the Institute also conducts training for newly-appointed Judges and those aspiring to be Judicial officers at all levels of the Judiciary. For the 2017/18 financial year, a total of three continuing Judicial education seminars were conducted for Judges on the following topics: procurement law, liquidation, business rescue, advanced tax, human trafficking, wildlife trafficking and money laundering. In attendance were 160 Judges including those from neighbouring countries such as Kenya, Mozambique and Tanzania who were either resource persons or participants. The Deputy Chief Justice delivered a keynote address at the Human and Wildlife Trafficking Seminar which was well-received. The seminar for newly-appointed Judges was attended by 20 participants. The evaluation feedback was positive with some recommendations for future workshops. The participants stated that the duration of the seminar should be extended and training materials be provided in advance.

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Deputy Chief Justice RMM Zondo delivering the opening address at the Judges’ Seminar on Human Trafficking, Wildlife Trafficking and Money Laundering.

Justice (Dr.) Manuel Guidione Bucuane (Mozambique) presenting on Adjudicating Wildlife Trafficking Cases – A Regional Perspective at the Judges’Seminar.

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Panel moderator, Judge President P Tlaletsi, at the Human Trafficking, Regional, Organised Crime and Wildlife Trafficking Seminar.

Tables 1 and 2 below provide details of the programmes for Judges’ seminars. Table 1: Continuing Judicial education courses for Judges Seminar Month Content

No. of delegates

Procurement law, liquidation & business rescue for serving Judges

July 2017 Constitution and legislative framework [National Treasury Guide, Public Private Partnership (PPP) Framework and PAJA (2000)]; normal versus urgent approach in procurement cases; Constitutional imperatives; overview of bid

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evaluation process (qualifying and award phases, the balance between administrative justice and public interest); introduction to business rescue (relationship to liquidations, applicable legislations and pitfalls); practicalities of business rescue; use of business rescue in South Africa-challenges encountered (the role of the Turnaround Management Association).

Advanced tax for serving Judges

July 2017 Taxation of companies; corporations; corporate restructuring; assessed losses; capital allowances; dividend tax; trading stock; transfer pricing; judgment writing in tax cases. 48

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Seminar

Month Content

No. of delegates

Human trafficking, wildlife trafficking and money laundering for serving Judges

January 2018

Nature and extent of wildlife trafficking in Africa: issues and challenges; complexities in adjudicating wildlife trafficking cases; adjudicating wildlife trafficking cases - regional perspective (panel discussion); case studies on wildlife trafficking; complexities in adjudicating human trafficking cases in South Africa (panel discussion); case study on human trafficking; adjudicating transnational human trafficking cases: regional perspective; case study on human trafficking; international adoptions and child trafficking and unpacking complex instruments of proceeds from money laundering (e.g. trusts, corporations and companies).

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Evaluation feedback on continuing Judicial education seminars

After each seminar, delegates complete evaluation forms where they provide feedback on facilitation, content as well as general comments on the training. Below is the abridged feedback. 3.1.1.1 Procurement law, Liquidation and Business Rescue Delegates found presentations by resource persons exceptionally good, informative and inspiring. The discussion of relevant case law provided delegates with an opportunity to exchange best practices. The plenary was found to be interactive and insightful. Most of the participants expressed a need to have additional seminars on procurement law. Delegates proposed the following topics for future seminars: Access to justice, evictions, social context, the National Credit Act (Act 34 of 2005), maritime law, mining law, intestate and testate succession including indigenous law. 3.1.1.2 Advanced Tax Delegates gained valuable insights into tax avoidance and evasion. Delegates found that the discussion on management of income tax trials and the rules of the Special Income Tax Court enhanced their knowledge on tax- related matters. They found the seminar informative and intellectually challenging. Delegates requested that more time should be allocated for presentation on Value Added Tax (VAT). The resource persons were found to be knowledgeable and professional. 1.1.1.3 Human Trafficking, Wildlife Trafficking and Money Laundering Delegates indicated that the session on wildlife trafficking by an expert who is a former ranger was interesting and very informative. The information provided will be useful on adjudication of wildlife trafficking related cases. Delegates proposed that for future seminars on wildlife trafficking experts who are detectives and forensic investigators should be invited in order to provide other perspectives.

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The Deputy Chief Justice, Judges and CEO of SAJEI at the Human Trafficking, Regional, Organised Crime and Wildlife Trafficking Seminar.

Judges at the Human Trafficking, Regional, Organised crime and Wildlife Trafficking Seminar.

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Table 2: Seminars for newly-appointed Judges Seminar

Month Content

No. of delegates

Newly-appointed Judges

July 2017 Judicial ethics; Judicial case flow management; managing criminal trials; sentencing and judgment writing; unopposed motions; opposed motions; managing civil trials; electronic evidence; appeals; reviews; Judges’ tools of trade. 20

The evaluation feedback was positive with some recommendations for the future workshops. The participants requested that the training materials be provided prior to the seminar and the duration should be extended. 3.1.2 REGIONAL MAGISTRATES QUARTER 3

1. Workshop:

Promotion of Administrative Justice Act (PAJA, Act 3 of 2000)

Date:

25 - 27 October 2017

Content:

Background of the PAJA (2000), Interim Constitution 1993 -Sections 24, 33 & 39; procedural fairness; reasons for administrative decisions; jurisdiction; Judicial review of administrative action; PAJA (2000) rules; PAJA (2000) reviews (practical); Constitutional interpretation.

Province:

Gauteng

Number of delegates: 143 QUARTER 4

2. Workshop:

Criminal refresher course 28 February -02 March 2018

Date:

Content:

Sections 77 – 79 of the Criminal Procedure Act (Act 51 of 1977): amendments and cases; discussion of cases dealing with joint possession of firearms; developments in sentencing through the cases; the National Register of Sex Offenders; electronic evidence; technology used in cybercrime; judgment writing; developments in respect of the Child Justice Act (Act 75 of 2008) and RC Practice Directives, CFM and Pre-Trials.

Province:

Gauteng

Number of delegates: 154 Summary of evaluation reports

The training was found to be a good eye-opener by the participants. Participants acquired skills on PAJA and enhanced their knowledge on criminal court skills.

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3.1.3 DISTRICT MAGISTRATES For the 2017/18 financial year, SAJEI conducted a total of 75 Judicial education courses focusing on Civil, Criminal, Family and Children’s Court skills. The courses were delivered by experienced Senior Magistrates. Other 22 skills courses were on judicial management, mentoring, stress management, cybercrime, e-learning, computer literacy and writers. Summarised details of the courses are provided below. Table: PROVINCES NUMBER OF WORKSHOPS Gauteng 12 Eastern Cape 11 Western Cape 7 Free State 7 KwaZulu-Natal 7 Limpopo 6 North West 6 Northern Cape 5 Mpumalanga 4 TOTAL NUMBER OF WORKSHOPS 75

QUARTER 1 1. Workshop:

Criminal Court skills 08 - 10 May 2017

Date:

Content:

Schedules 1, 5 & 6; first appearance of accused; rights; explanations; plea proceedings; sentencing; documentary evidence; inquests - medical; formal and informal

Province:

Mpumalanga

Number of delegates: 14

2. Workshop:

Civil Court skills 11 - 12 May 2017

Date:

Content:

Judgments by consent; Rule 12 default judgments; Section 57 and 58 application of the NCA (2005) in default judgments; Section 57 Judgment; best practice and checklists; Section 126B; default judgments in Motion Court

Province:

Eastern Cape

Number of delegates: 20

3. Workshop:

Judicial ethics

Date:

09 - 11 May 2017

Content:

Ethical issues; conduct in court; extra Judicial activities; Judicial education independence versus accountability; integrity; Code of Conduct; misconduct and discipline attributes of Judicial Officers

Province:

Limpopo

Number of delegates: 17

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4. Workshop:

Children’s Court skills

Date:

12 - 13 May 2017

Content:

Critical concepts in Children’s Court; standard of best interest of the child; participatory rights of child and limitations; establishment and status of Children’s Court; jurisdiction and parties and locus standing to proceedings; jurisdiction and parties and locus standi to proceedings jurisdiction; parental rights and responsibilities; parental plans and rights agreements; Department of Home Affairs (DHA) legislation

Province

Free State

Number of delegates: 13

5.Workshop:

Children’s Court skills

Date:

15 - 19 May 2017

Content:

Overview of critical concepts in Children’s Court; parental responsibilities and rights - chapter 3; DHA legislation: application of and impact on child law - Registration Act (Act 51 of 1992); practical exercise: DHA legislation; national and inter-country adoptions

Province:

Gauteng

Number of delegates: 15

6. Workshop:

Criminal Court skills 18 - 19 May 2017

Date:

Content:

Hearsay evidence; documentary evidence; exercise: unconstitutionally obtained evidence and trial within trial

Province:

Northern Cape

Number of delegates: 10

7. Workshop:

Criminal Court skills 18 - 19 May 2017

Date:

Content:

Distinguish between various types of electronic and documentary evidence; rules regarding admissibility; context and application; classifying evidence; applying the law; hearsay evidence; search warrants and application of Section 252 A

Province:

Eastern Cape

Number of delegates: 19

8. Workshop:

Criminal Court skills 23 - 26 May 2017

Date:

Content:

Overview of critical concepts in the Children’s Court; Constitutional imperatives, national and international instruments; overview of the legislative framework; application of the Births and Deaths Registration Act (Act 51 of 1992) unaccompanied and undocumented children - Access to social services (education and social grants); human trafficking/ smuggling with specific reference to children; unaccompanied minors and unabridged birth certificates; Section 49 offences and Section 50 of the Immigration Act (Act 13 of 2002)

Province:

Gauteng

Number of delegates: 20

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9. Workshop:

Family Court skills 22 - 23 June 2017

Date:

Content:

Protecting vulnerable groups; the maintenance enquiry and maintenance orders; civil execution of maintenance orders; offences and orders relating to prosecution in terms of the Maintenance Act (Act 99 of 1998); anti-dissipation orders (future maintenance); the Domestic Violence Act (Act 116 of 1998); the Protection from Harassment Act (Act 17 of 2011), enquiry and orders; the Older Persons Act (Act 13 of 2006), orders and offences

Province:

KwaZulu-Natal

Number of delegates: 15

10. Workshop:

Criminal Court skills 22 - 24 June 2017

Date:

Content: Province:

Extradition; immigration; immigration law in relation to criminal law aspects and practical

North West

Number of delegates: 16

11. Workshop:

Civil Court skills 28 - 29 June 2017

Date:

Content:

National Credit Act (NCA, Act 34 of 2005): overview of NCA for debt reviews and default judgments; debt review application procedure; default judgments Rule 12, Section 57 and 58; prescription in terms of Section 126(B) of the NCA; practical exercise on default judgments; emoluments and attachment orders

Province:

Free State

Number of delegates: 10 QUARTER 2

12. Workshop:

Criminal Court skills 06 - 07 July 2017

Date:

Content:

Why do we punish? Sentencing options; evidence on sentencing; correctional supervision; restorative justice and reports

Province:

Eastern Cape

Number of delegates: 19

13. Workshop:

Civil Court skills 11 - 13 July 2017

Date:

Content:

Ethics; case flow management in Civil Courts, Norms and Standards and court protocol; introduction and overview of judgment writing including writing process; judgment writing: IFILARO acronym and its application; judgment writing: delivery of judgments and practical exercise

Province:

Limpopo

Number of delegates: 16

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14. Workshop:

Civil Courts skills 13 - 14 July 2017

Date:

Content:

Quantification of damages: introduction to types of damages; approach to compensation in non-patrimonial loss; factors Magistrates should consider in quantifying damage; Apportionment of Damages Act (Act 34 of 1956); contingency fee; agreement fee

Province:

Eastern Cape

Number of delegates: 20

15. Workshop:

Criminal Court skills 17 - 20 July 2017

Date:

Content:

Bail applications; Section 77-79 of the CPA (2004); social context and sentencing; sentencing and adjustment of fines; mitigation and aggravating factors; practical exercise; correctional services; reports and immigration

Province:

Western Cape

Number of delegates: 16

16. Workshop:

Family Court skills 20 - 21 July 2017

Date:

Content:

Maintenance enquiry; maintenance orders; jurisdictions; civil execution of orders; best practices; anti-dissipation orders (future); anti-dissipation orders; practical exercise; best practices; prosecution of offences and orders; reciprocal maintenance orders

Province:

Northern Cape

Number of delegates: 10

17. Workshop:

Children’s Court skills

Date:

20 - 21 July 2017

Content:

Overview of critical concepts in the Children’s Court; jurisdiction; parental responsibilities and rights - Chapter 3; practical application on incidental applications in respect of parental responsibilities and rights that require the consent of guardians; removal of children to safe care and review; removal of the offender and the review thereof; trafficking in persons in South Africa, with specific reference to the various legislation

Province:

Eastern Cape

Number of delegates: 22

18. Workshop:

Civil Court skills 21 - 22 July 2017

Date:

Content:

Overview of NCA (2005) for debt reviews and default judgments; debt review application procedure - Section 86 applications; debt review application procedure - rescissions and variation practical exercises; default judgments Rule 12, Section 57 and 58; prescriptions in terms of Section 126(B) of the NCA (2005); practical exercise on default judgments; default judgments: Motion Court; emoluments, attachments orders and garnishee orders

Province:

KwaZulu-Natal

Number of delegates: 16

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19. Workshop:

Judicial management and Quality Control

Date:

24 - 26 July 2017

Content:

Overview of the Magistrates’ Commission: operations and mandate; mission, vision and core values of the Magistrates’ Courts Judiciary; judicial management: enabling legislation; overview of the Judicial Manager/leader’s role; court performance (Norms and Standards); Code of Conduct – Magistrates; management meetings and subsistence travel claims: managerial responsibilities

Province

Gauteng

Number of delegates 15

20. Workshop:

Children’s Court skills

Date:

24 - 26 July 2017

Content:

Overview of critical concepts in the Children’s Act and the best interest standard; jurisdiction of Children’s Court; parental responsibilities and rights – Chapter 3; practical exercise of parenting plans and parental responsibilities and rights agreements; removal of children to safe care and the review of the removal and foster care placements and the extension thereof; monitoring, variation, extension and termination of orders (Chapters 3 and 9)

Province:

Free State

Number of delegates: 15

21. Workshop:

Civil Court skills 25 - 28 July 2017

Date:

Content:

Action procedures; management and the adjudication of civil trials; practical exercises for judgment writing; management and adjudication of motions (opposed and unopposed); introduction and overview of judgment writing including writing process

Province:

Western Cape

Number of delegates: 19

22. Workshop:

Civil Court skills 27 - 28 July 2017

Date:

Content:

Overview of nature of cost awards and taxation of cost – with reference to relevant Magistrates’ Court Sections (48) and Rule (37); guidelines for cost orders, preparation costs, time spent waiting at court, subsistence travelling expenses, fees for counsel, costs on a higher scale, costs of assessors; specific cost orders, review of taxation, nature and process of taxation; qualifying fees, counsels’ fees, briefing counsel, fees for attorney in High Court, contingency fee

Province:

KwaZulu-Natal

Number of delegates: 16

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23. Workshop:

Civil Courts skills

Date:

16 - 18 August 2017

Content:

Evictions; default judgments: Rule 12, Sections 57 and 58; prescription in terms of Section 126(B) of NCA (2005); practical exercise on default judgments; applications; costs introduction and overview

Province:

Gauteng

Number of delegates: 15

24. Workshop:

Equality Court skills 21 - 23 August 2017

Date:

Content:

Human rights and values enshrined in the Constitution; social context and diversity; application and interpretation of Promotion of Equality and Prevention of Unfair DiscriminationAct (PEPUDA, Act 4of 2000); practical exercises: equality anddiscrimination; practical exercises: harassment/sexual harassment and practical exercise; hate speech and practical exercise: court procedure; remedies, orders and related options

Province:

Free State

Number of delegates: 12

25. Workshop:

Judicial management and Quality Control

Date:

24 - 25 August 2017

Content:

Overview of the Magistrates’ Commission: legislation, operations and mandate; mission, vision and core values of the Magistrates’ Courts Judiciary; co-operative government and inter-governmental relations; overview of Judicial Manager/Leader role; court performance; Norms and Standards for exercise of Judicial functions; quality justice: Judicial quality assurance; misconduct: management meetings and official journeys

Province:

Eastern Cape

Number of delegates: 19

26. Workshop:

Equality Court skills

Date:

04 - 06 September 2017

Content:

Human rights and values enshrined in the Constitution; social context and diversity; application and interpretation PEPUDA (2000); practical exercises: equality and discrimination; practical exercises: harassment/sexual harassment and practical exercise; hate speech and practical exercise; court procedure; remedies, orders and related options

Province:

Mpumalanga

Number of delegates: 18

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27. Workshop:

Child Justice Act (Act 75 of 2008)

Date:

04 - 06 September 2017

Content:

Overview and critical concepts of the CJA (2008); application of the CJA (2008); criminal capacity; age; methods of securing the attendance of a child at the preliminary inquiry; diversion by Public Prosecutor in respect of minor offences; monitoring of compliance with a diversion order and failure to comply with the diversion order; preliminary inquiry proceedings; general provisions in respect of the Child Justice Court; legal representation and the trial in the Child Justice Court and sentencing options

Province:

Free State

Number of delegates: 15

28. Workshop:

Advanced Computer skills 14 - 15 September 2017

Date:

Content: Province:

Outlook; Windows; PowerPoint; Excel; One Note and research skills

Eastern Cape

Number of delegates: 13

29. Workshop:

Criminal Court skills

Date:

18 - 22 September 2017

Content:

Media applications; hearsay evidence; trial within a trial; confessions and admissions; pointing outs; Constitutionally obtained evidence and court administration

Province:

Western Cape

Number of delegates: 16

30. Workshop:

Criminal Court skills

Date:

20 - 22 September 2017

Content: Province:

Confessions; practical exercise; extradition; appeals and reviews

Gauteng

Number of delegates: 13

31. Workshop:

Civil Court skills

Date:

20 - 22 September 2017

Content:

NCA (2005): Overview of the NCA (2005) for debt reviews and default judgments; debt review application procedure - Section 86 applications and practical exercise; default judgments: overview of debt collection and requirements as encompassed in legislation and case law; default judgments Section 57 and Section 58; emolument attachment orders; administration orders and garnishee orders

Province:

North West

Number of delegates: 16

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32. Workshop:

Equality Court skills

Date:

20 - 22 September 2017

Content:

Human rights and values enshrined in the Constitution; social context and diversity; application and interpretation of PEPUDA (2000); practical exercises: equality and discrimination; harassment/sexual harassment and practical exercise: court procedure; remedies, orders and related options

Province:

Eastern Cape

Number of delegates: 31

33. Workshop:

Advanced Computer skills 21 - 22 September 2017

Date:

Content: Province:

Outlook; Windows; PowerPoint; Excel; One Note; research skills

Limpopo

Number of delegates: 15

34. Workshop:

Family Court skills

Date:

21 - 23 September 2017

Content:

Domestic violence and harassment; different orders; eviction, monetary relief; practical exercise; PATSAA the enquiry and orders; Older Persons Act (Act 13 0f 2006); assessment; maintenance enquiry; maintenance orders; jurisdictions; anti-dissipation orders; prosecution of offences and orders and reciprocal maintenance orders

Province

KwaZulu-Natal

Number of delegates 24

35. Workshop:

Advanced Computer skills 22 - 23 September 2017

Date:

Content: Province:

Outlook; Windows; PowerPoint; Excel; One Note; research skills

Free State

Number of delegates: 15

36. Workshop:

Advanced Computer skills 27 - 28 September 2017

Date:

Content: Province:

Outlook; Windows; PowerPoint; Excel; One Note and research skills

Northern Cape

Number of delegates: 15

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37. Workshop:

Children’s Court Skills 27 - 29 September 2017

Date:

Content:

Constitutional imperatives, national legislative framework and international conventions; critical aspects in the Children’s Act (2005) relating to a finding of an abandoned or orphaned child; the Birth and Death Registration Act (Act 51 of 1992) and its impact on child and family law; paternity with reference to the Children’s Act and the Births and Death Registration Act (1992); critical consideration of the Citizenship Act (Act 49 of 1949) and the impact of family law

Province:

Eastern Cape

Number of delegates: 15

38. Workshop:

Civil Court skills

Date:

28 - 29 September 2017

Content:

Evictions: applications; trials; judgment writing; practical: judgment writing and delivery of judgments; default judgments: overview of NCA (2005); Section 57, Section 58 and Rule 12 and Prescription

Province:

KwaZulu-Natal

Number of delegates: 20 QUARTER 3

39. Workshop:

Civil Court skills

Date:

02 - 05 October 2017

Content:

Overview of NCA (2005) for debt reviews and default judgments; NCA (2005): debt review application procedure - Section 86; overview of NCA (2005) for default judgments; default judgments - Section 57, 58, Rule 12 and Prescriptions in terms of Section 126(B) of NCA (2005); evictions

Province:

Western Cape

Number of delegates: 16

40. Workshop:

Criminal Court skills 09 - 11 October 2017

Date:

Content:

DNA-the process; interpretation of results; fingerprints, footprints and shoe prints - collection and identification process interpretation of results; basic medical forensic investigation; Constitutionality of DNA and fingerprinting; alcohol: metabolic process that takes place in the body with the first drink; blood spatter and poison analysis; delivery of exhibits to laboratory

Province:

Free State

Number of delegates: 15

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41. Workshop:

Mentoring and coaching for District Court Magistrates

Date:

11 - 13 October 2017

Content:

Sharing of experiences: mentor and mentee (participants); basic concepts (mentoring and coaching); developing a mentoring plan; developing a mentoring plan for Judicial Officers (practical); advantages, pitfalls and risks of mentoring and coaching; compiling and writing a coaching and mentoring report; role playing; reflections on coaching and mentoring

Province:

Gauteng

Number of delegates: 23

42. Workshop:

Children’s Court skills 16 - 20 October 2017

Date:

Content:

Overview of critical concepts in the Children’s Court; participatory rights of a child and the limitation thereof; parental responsibilities and rights - Chapter 3; overview on children in need of care and protection-Chapter 9 of CA (2008); National Child Protection Register (NCPR) and the Sexual Offences Register; national and inter-country adoptions undocumented, unaccompanied and foreign minors

Province:

Western Cape

Number of delegates: 17

43. Workshop:

Stress management 19 - 20 October 2017

Date:

Content:

Stress; learnings; trauma; post-traumatic stress disorder (PTSD) and recovering from trauma

Province:

Eastern Cape

Number of delegates: 22

44. Workshop:

Advanced Computer skills

Date:

19 - 20 October 2017

Content: Province:

Outlook; Windows; PowerPoint; Excel; One Note; Research Skills

North West

Number of delegates: 20

45. Workshop:

Mentoring and Report writing

Date:

25 - 27 October 2017

Content:

Sharing of experiences: mentor and mentee (participants); basic concepts (mentoring and coaching); developing a mentoring plan, developing a coaching plan; developing mentoring plan for Judicial Officers (practical); advantages, pitfalls and risks of mentoring and coaching; compiling and writing a coaching and mentoring report

Province:

North West

Number of delegates: 20

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46. Workshop:

Civil Court skills

Date:

06 - 08 November 2017

Content:

Overview and constitutional perspective of the Promotion of Access to Information Act (PAIA, Act 2 of 2000) and the difference between PAIA (2000) and PAJA (2000); PAIA (2000) processes; remedies and adjudication of applications; PAJA (2000): overview of the right to administrative justice; PAJA (2000) administrative action and procedural fairness; grounds for the review of PAJA (2000) applications; PAIA (2000) & PAJA (2000): practical and plenary discussions

Province:

Mpumalanga

Number of delegates: 18

47. Workshop:

Criminal Court skills

Date:

09 - 11 November 2017

Content: Province:

Section 77-79 Criminal Procedure Act (1977); practical; bail.

Mpumalanga

Number of delegates: 15

48. Workshop:

Criminal Court skills

Date:

15 - 17 November 2017

Content: Province:

Essential infrastructure; practical; Aarto; Aarto discussion; bail and practical

Gauteng

Number of delegates: 13

49. Workshop:

Civil Court skills

Date:

16 - 17 November 2017

Content:

Rule 55: Motion applications; Ex parte applications; urgent applications; evictions; practical exercise on judgment writing on PIE; applications: procedure of ESTA application and practical on draft orders

Province:

Northern Cape

Number of delegates: 10

50. Workshop:

Advanced Computer skills 16 - 17 November 2017

Date:

Content: Province:

Outlook; Windows; PowerPoint; Excel; One Note; research skills

Western Cape

Number of delegates: 17

51. Workshop:

Criminal Court skills

Date:

22 - 24 November 2017

Content: Province:

Section 77-79 CPA (1977); inquest; practical exercise and practical on Section 77

Western Cape

Number of delegates: 14

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SAJEI I Annual Report I 2017/18

52. Workshop:

Stress Management

Date:

23 - 24 November 2017

Content: Province:

Stress; trauma; PTSD and recovering from trauma

KwaZulu-Natal

Number of delegates: 16

53. Workshop:

Cybercrime

Date:

27 - 28 November 2017

Content:

Evidence in cybercrime cases; the Internet and world-wide web as a source of evidence; how online anonymisation techniques are used and examination of the dark web; how digital forensics is used in evidence; how digital images, e-mails and metadata are presented in evidence; how evidence of social networks is introduced as evidence and practical exercise

Province:

Gauteng

Number of delegates: 18

54. Workshop:

Family Court skills

Date:

29 November - 01 December 2017

Content:

Domestic violence and harassment; different orders; evictions, monetary relief; practical exercise; PATSAA - the enquiry and orders; Older Persons Act (2006); prosecution of offences and orders; reciprocal maintenance orders

Province:

Gauteng and Limpopo

Number of delegates: 22

55. Workshop:

Children’s Court skills

Date:

29 November - 01 December 2017

Content:

Overview and critical concepts of the Child Justice Act (2008); criminal capacity; methods of securing the attendance of a child at the preliminary inquiry; release or detention and placement of child; diversion by the Public Prosecutor in respect of minor offences; monitoring of compliance with a diversion order and failure to comply with the diversion order; preliminary inquiry proceedings; legal representation and the trial in the Child Justice Court and sentencing options.

Province:

Eastern Cape

Number of delegates: 17

56. Workshop:

E-learning

Date:

06 - 08 December 2017

Content:

Learning course structure and content; layout of the e-learning course; e-learning course pace, navigation and tools

Province:

Gauteng

Number of delegates: 10

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57. Workshop:

Stress management

Date:

07 - 08 December 2017

Content: Province:

Stress; learnings; trauma; PTSD and recovering from trauma

Limpopo

Number of delegates: 14 QUARTER 4

58. Workshop:

Children’s Court skills 22 - 23 February 2018

Date:

Content:

Constitutional imperatives and legislative framework; jurisdiction; methods of acquisition and loss of parental responsibilities and rights; the requirement of informed consent in adoption proceedings and ancillary matters thereto; fundamentals of adoptions; inter- country adoptions

Province:

Northern Cape

Number of delegates: 9

59. Workshop:

Criminal Court skills 22 - 23 February 2018

Date:

Content:

Record keeping; pre-trial procedure and the charge; pleas; trial and trial management and enquiries

Province:

KwaZulu-Natal

Number of delegates: 15

60. Workshop:

Criminal Court skills 23 February 2018

Date:

Content:

Overview – Mental Health Act (Act 17 of 2002); Chapter 7 of the Act [Section 52]; Overview – Animals Protection Act (Act 71 of 1962); offences; sentencing and ancillary orders; compensation order; status of compensation orders and practical exercise/s

Province:

North West

Number of delegates: 13

61. Workshop:

Civil Court skills

Date:

05 - 07 March 2018

Content:

Introduction and historical background of PAJA (2000) and the difference between PAJA (2000) and PAIA (2000); the purpose of the Promotion of Administrative Justice Act (2000); the Constitutional right to promotion of access to information. Overview of the right to Judicial review; important definitions and procedural fairness; grounds for the review of PAJA (2000) applications; PAJA (2000) review applications: practical

Province:

Gauteng

Number of delegates: 15

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SAJEI I Annual Report I 2017/18

62. Workshop:

Judicial management and Quality Control

Date:

07 - 09 March 2018

Content:

Ethical issues; conduct in court; case studies; attributes; misconduct and discipline; Judicial independence; Judicial accountability; attributes of Judicial Officers; Judicial education; independence versus accountability

Province:

North West

Number of delegates: 18

63. Workshop:

Civil Court skills

Date:

13 - 15 March 2018

Content:

Applications: Rule 55 and interdicts; specific applications; interlocutory and specific applications; debt collection: Section 57 and 58; Rule 12; practical exercises; debt reviews and judgment writing

Province:

Limpopo

Number of delegates: 19

64. Workshop:

Writer’s workshop 19 - 20 March 2018

Date:

Content:

Principles of writing for publication; writing anxieties, and ways of addressing them; analysing published writing; submission to a journal – the process; dealing with, learning from, and responding to reviewers’ feedback; introduction to referencing (including software) and writing activities

Province:

Gauteng

Number of delegates: 19 3.2 JUDICIAL SKILLS FOR ASPIRING JUDICIAL OFFICERS

In terms of the SAJEI Act the Institute should “provide training for Aspiring Judicial Officers in order to enhance their suitability for appointment to Judicial Office”. SAJEI conducts training for aspiring Judicial Officers for all three levels of the Judiciary.

COURSE

NUMBER OF WORKSHOPS

1. Aspirant Judges

2 4 1

2. Aspiring Regional Magistrates 3. Aspirant Senior Magistrates 4. Aspiring District Magistrates

11 18

Total

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3.3 ASPIRANT JUDGES

The training for aspirant Judges takes place bi-annually.The training is conducted by senior experienced members of the Judiciary. QUARTER 2

1. Workshop:

Basic aspirant Judges

Date:

17 - 19 July 2017

Content:

Motion Court - opposed and unopposed motions; Judicial ethics; managing a civil trial; managing criminal trials; judgment writing; appeals and reviews

Province:

Gauteng

Number of delegates: 15

2. Workshop:

Advanced aspirant Judges

Date:

22 - 24 January 2018

Content:

Motion Court - opposed and unopposed motions; advanced administrative law: PAJA (2000) and legality reviews; judgment writing; civil trials and general guidelines in respect of judgement writing in civil and criminal appeals

Province:

Gauteng

Number of delegates: 14 Evaluation feedback 3.4. BASIC ASPIRANT JUDGES

The workshop was found to be very informative and enlightening. The information provided basic skills for those who had not acted at the High Court. Participants gained knowledge on how to deliver clear and concise orders. Participants were trained on how to conduct themselves as acting Judges in court. 3.5. ADVANCED ASPIRANT JUDGES Participants gained insight on how to conduct a motion court and the importance of the audi alteram partem rule. Pre-course assignments and feedback thereof were found to be helpful. Participants proposed that training materials be provided prior to the workshop. The emphasis was placed on the importance of preparation before presiding on unopposed matters. Resource persons were found to be very supportive.

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SAJEI I Annual Report I 2017/18

3.6. ASPIRING REGIONAL AND SENIOR MAGISTRATES QUARTER 2

1. Workshop:

Aspiring Senior Magistrates 28 - 30 September 2017

Date:

Content:

Judicial independence and accountability; leadership and management skills; work profile: senior magistrates (performance standards and judicial manual); overview on cluster management; office administration; case flow management; Judicial quality assurance and misconduct proceedings

Province:

Gauteng

Number of delegates: 32 QUARTER 1

1. Workshop:

Judicial skills for Aspiring Regional Magistrates

Date:

24 June - 22 July 2017

Content:

Judicial leadership & trial management in the regional court; transfers, bail applications; judgment writing; pleas (including section 105A); dealing with admissibility of different types of evidence; violent crimes: judgments; sexual offences; sexual offences: dealing with child witnesses and procedural aspects; commercial crimes, corruption and environmental crimes

Province:

Limpopo

Number of delegates: 27 QUARTER 3

1. Workshop:

Judicial skills for Aspiring Regional Magistrates

Date:

7 October - 11 November 2017

Content:

Judicial leadership and trial management in the regional court; dealing with pre-trial aspects; aspects of law of evidence; judgment writing; Child Justice Act (2008); bail applications; murder (assessors and dolus eventualis); robbery (general principles, common purpose and recent possession) and sexual offences; DNA evidence; rape judgments; corruptions and traps

Province:

Gauteng

Number of delegates: 25

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QUARTER 4

1. Workshop:

Judicial skills for Aspiring Regional Magistrates

Date:

29 January - 02 February 2018

Content:

Court, case and trial management, RC Practice Directives, Norms and Standards; writing of judgments, sentencing, ancillary orders; sexual offences – social context; violent crimes; commercial crimes; aspects of the Child Justice Act (2008); environmental crimes and Judicial leadership

Province:

Western Cape

Number of delegates: 31

2. Workshop:

Judicial skills for Aspiring Regional Magistrates

Date:

11 - 16 March 2018

Content:

Court, case and trial management, RC Practice Directives, Norms and Standards; writing of judgments, sentencing, ancillary orders; sexual offences – social context; violent crimes; commercial crimes; aspects of the Child Justice Act (2008); environmental crimes and Judicial leadership

Province:

Eastern Cape

Number of delegates: 25 ASPIRING DISTRICT MAGISTRATES

PROVINCES 1. Free State

NUMBER OF WORKSHOPS

2 4 4 1

2. Western Cape 3. Mpumalanga 4. Northern Cape

QUARTER 1

1. Workshop:

Judicial skills for Aspiring District Magistrates

Date:

21 - 23 April 2017

Content:

First appearance of accused and rights explanations; bail - Schedules 1, 5 and 6 practical; plea procedures; record keeping; sentencing options; social context and sentencing; maintenance; reciprocal orders; domestic violence; the Older Persons Act (2006); Harassment and PATSAA

Province:

Free State

Number of delegates: 19

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