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Annual Report 2008/09
Department of Justice and Constitutional
Development
Annual Report 2009
Business Enterprises at University of Pretoria
MESSAGES FROM THE EXECUTIVE
Prof Cheryl de la Rey, Vice-Chancellor
and Principal
Message from the Vice-Chancellor and Principal
As recently appointed Vice-Chancellor and Principal, I am
delighted to note the achievements of the campus enterprises
in general and Business Enterprises at University of Pretoria
(Pty) Ltd (BE at UP) in particular – not only during 2009, but
since their inception in 2000.
As a public university, we have a responsibility to make a
positive and direct impact on the country's national social and
economic development, and BE at UP plays an important role
in this regard. BE at UP has proved to be a successful vehicle
for enhancing the University of Pretoria’s contribution to our
increasingly knowledge-based economy.
Moreover, as a source of third-stream income for the University,
the campus enterprises play a vital role in enabling the University
to grow its resource base in a sustainable manner, so that it can
execute its strategy of creating a synergy between teaching,
research and community engagement.
I am confident that BE at UP will continue to build on its
existing strengths and achievements, and that its continued
commitment to quality, relevance and sustainability will keep
it firmly on course to achieve greater levels of excellence and
impact in the future.
[annual report 2009]
Prof Cheryl de la Rey
Vice-Chancellor and Principal
University of Pretoria
2
Part 2: Performance Information
95
F OFFICE OF THE FAMILY ADVOCATE
The purpose of the Office of the Family Advocate is to
promote and protect the best interests of minor and
dependent children in matters relating to parental
responsibility and rights disputes.
The professional component of the office comprises
family advocates (lawyers) and family counsellors (social
workers). The Family Advocate renders legal, as well
as family mediation services, through multidisciplinary
teams made up of lawyers and social workers so as
to ensure a holistic and qualitative approach to serve
the best interest of the child throughout the dispute
resolution or adjudication process. Currently, there are
16 service delivery points situated in the provinces, 55
family advocates, 10 senior family advocates and 76
family counsellors on the establishment.
The mandate of the Family Advocate accords with
section 28(2) of the Constitution, namely that “a child’s
best interests are of paramount importance in every
matter concerning the child”. The powers and duties
of the Family Advocate are set out in section 4 of the
Mediation in Certain Divorce Matters Act, 1990 (Act
No 24 of 1990), as follows:
• To institute an enquiry so as to be able to furnish
the court with a report and recommendation on
any matter concerning the welfare of a minor/
dependent child
• To appear at the trial of any divorce action or the
hearing of a related application
• To adduce any available evidence relevant to the
action or application
• To cross-examine witnesses giving evidence at such
trial or hearing of application
Such powers and duties were subsequently extended
to six other pieces of legislation, thus extending the
mandate of the Family Advocate from High Court work
to include special divorce court matters, disputes arising
from customary and religious marriages, as well as
matters related to children born out of wedlock.
In terms of amendments to the Domestic Violence
Act and the Maintenance Act, 1998 (Act No 116 of
1998) presiding officers hearing maintenance and
domestic violence cases can obtain Family Advocate
reports regarding the best interests of the child prior to
making orders. The clients of the Family Advocate are
consequently members of the public, children, as well
as the courts hearing such matters. The primary need
of the clients is the speedy resolution of disputes, as well
as the availability of family advocates in court to ensure
the efficient completion of hearings. Children need
to be served in a child-favourable, non-intimidating
environment, which is sensitive to and responds to
their developmental needs. The best interests of the
child require disputes to be resolved in the most nonconflictual
manner as possible.
The most prominent challenge facing the Family
Advocate is staff shortages, as well as limited
accessibility. Clients travel long distances to obtain the
services. Courts often postpone matters, sometimes at
parties’ costs, due to delays in obtaining reports or the
availability of family advocates to appear in court. Such
delays compromise the welfare of the child.
During the 2008/09 year, the Office of the Family
Advocate has received 8 957 cases, of which 8 005
were finalised. These figures exclude the backlog of
2 937 cases accumulated over the past years.
(i) International Child Abduction
The Chief Family Advocate is the designated central
authority for South Africa in terms of the Hague
Convention on the Civil Aspect of International Child
Abduction, which was ratified by South Africa in 1996.
The main function of the central authority is to ensure
the speedy return of children abducted to and from
South Africa through the judicial process, as well as to
ensure that the child’s right to contact with both parents
is not jeopardised unduly. This convention is enforceable
between South Africa and 47 countries.
(ii) Mediation Services
The new Children’s Act, 2005 (Act No 38 of 2005) (22
sections only) came into operation on 1 July 2007. The
act has expanded the duties of the Family Advocate
extensively. A rights-based approach is propagated
by the act when dealing with children’s matters. Most
notable is the introduction of compulsory mediation
in section 21 (disputes over parental rights and the
responsibilities of fathers of children born out of wedlock).
Family advocates and family counsellors provide the
service through the co-mediation model. Eighty members
of the professional staff have been trained in mediation
techniques focusing on family mediation.
During 2008/09, 3 014 requests for mediations were
received, 1 491 were completed by the personnel of
the office and 1 523 were finalised with the assistance of
NGOs that specialise in family mediation.
Prof Sibusiso Vil-Nkomo, Chairperson,
Board of Directors
BE at UP maintained a solid performance in the execution
Message from the Chairperson
of projects over a wide range of industry sectors during the
Having been involved with the University’s campus enterprises period under review. By the end of 2009, 304 projects were still
since their inception in 2000, it was an honour to take over the in execution, 1 049 projects were completed and 68 pending
reigns as chairperson of Business Enterprises at University of
Pretoria (Pty) Ltd (BE at UP) and to continue interacting with
this entity in an executive capacity. Internationally, universities
need to generate additional resources. The University of Pretoria
has been very successful in this regard. By moving beyond the
realm of academic theory, the University’s staff are able to apply
their multidisciplinary skills to not only support the University to
1000
achieve its strategic objectives of teaching and research, but also
900
to make a difference to society by engaging with government,
800
the business sector and communities.
700
As an important role-player in research and consulting, BE at UP is
not only making an important contribution to skills development,
but is translating community engagement into business success
for individuals and entities. The engagement of the campus
enterprises with individuals and communities contributes to the
economic development of the country and the advancement of
individuals. My strategic vision for BE at UP is for it to continue to
grow its business operations and render professional services that
comply with the principles of effective corporate governance, and
to develop innovative solutions that will enhance the reputation
of the University of Pretoria as a world-class research institution.
Prof Sibusiso Vil-Nkomo
Chairperson: Board of Directors
Business Enterprises at University of Pretoria (Pty) Ltd
OPERATIONS OVERVIEW
The Operations team: Marina du Plooy (Personal Assistant to General Manager), Cilliers van der Merwe (General Manager),
Tronel van der Sandt (Operations Assistant), Bernice Mong (Operations Assistant) Izan Crause (Operations Manager), Hein Barnard
(Contract Manager), Jaco Snyman (Contract Manager) and Hannelie Turner (Contract Manager).
600
500
400
300
200
100
0
2000 2001 2002 2003 2004
2005
Projects undertaken
Completed projects per annum
4
2006
2007 2008 2009
department of justice and constitutional development annual report
(iii) Conclusion
The economic crunch facing the department has forced
the review of the department’s approach in dealing with
The Office of the Family Advocate has rendered over cases emanating from the FIFA events. The approach of
120 parental education workshops in the different dedicated resources and additional courtrooms, which
provinces, whereby parents were educated about their has a huge budgetary implication, will be revised to
rights and responsibilities over their children, promoting accommodate all event-related cases in the normal
the new Children’s Act, 2005 (Act No 38 of 2005), as well courts with jurisdiction. Engagements with all relevant
as mediation as an effective dispute resolution method.
stakeholders are currently in place to review options and
It is anticipated that as more people get to know and
adopt an approach that will be cost-effective. The Chief
understand their rights, the demand for the services that
Financial Officer has set aside R35 million for the provision
are available under the new legislation will increase
of language service requirements, with R5 million for the
significantly.
Confederation Cup this year and the balance towards
the 2010 FIFA World Cup.
Table 77: Cases received and finalised
Province Received Finalised
H COURT MODERNISATION PROGRAMME
Eastern Cape 1 582 1 401
Free State 475 592 One of the major projects of the department is to
Gauteng 1 990 1 485 modernise justice services by providing a speedy business
KwaZulu-Natal 2 374 2 196
productivity solution using information technology as an
enabler.
Limpopo 198 83
Mpumalanga 316 259
(i) E-scheduler
North West 214 401
Northern Cape 357 322 E-scheduler is a web-based case management system
Western Cape 1 451 1 266 that allows for access by all court users in the department.
The user requirements of the various court types
Total 8 957 8 005
necessitated evolving the E-scheduler into the Integrated
Figure 57: Family advocate cases
Case Management System (ICMS), which provides for a
common case registration and case management system
Family Advocate cases
2 374
related to criminal and civil matters in the Lower and
2 196 196
High Court environments, together with the incorporation
1 990
of a scanning module that provides for the electronic
1 582
1 485
1 401
1 451 capturing, storage and retrieval of documents related to
1 266 266
cases. Currently, the ICMS is being developed in phases
and tested prior to roll-out. The table below provides a
592
475
summary of E-scheduler per region.
401 401
316
357 357 322 322
259
198
214
83
Table 78: Summary of E-scheduler per region
EC FS GP KZN LP MP NW NC WC
Region Courts
Cases Finalised cases
Eastern Cape 85
G 2010 WORLD CUP
Free State 66
Gauteng 46
A draft 2010 process mapping document has been KwaZulu-Natal 77
completed and submitted to all stakeholders for their
Limpopo 38
input. An unfunded priority project request has been
Mpumalanga 36
forwarded to National Treasury for funding of the
Northern Cape 35
Programme for Foreign Interpreters. All provinces have
been briefed about monthly progress reporting and the North West 34
reporting template. The Prosecution Plan, Programme Western Cape 56
for Interpreters, Communication Plan and the Risk Plan Total 473
has been distributed to all stakeholders. Gauteng is
currently reviewing its 2010 dedicated courts. Musina and
Phalaborwa have been added to the project, as these
are two main points of entry in Limpopo.
• Applied mathematical solutions: The design, implementation
and analysis of mathematical models for various industry
sectors to ultimately achieve accurate forecasts, thereby
making profitable business decisions.
• Forensic division: The offering to industry of legally defensible
drug testing procedures for drugs of abuse in humans.
Numerous conferences were identified and opportunities
explored to either exhibit or select stakeholders to present
papers and attend as delegates.
These included the following:
• The Tshwane International Trade and Infrastructure
Conference, which highlighted opportunities to partner
with the City of Tshwane and its community in terms of
investment in economic and infrastructure development.
• The Municipal Local Economic Development (LED) Summit,
projects were still awaiting final outcome. This represents a where the Local Government Business Network collaborated
steady increase in projects conducted over the past four years. with the Department of Provincial and Local Government
The graph below is an indication of projects completed since to host the biggest summit on local economic development
2000.
and infrastructure.
• The International Public Administration Conference,
organised by the School for Public Management and
Administration (SPMA) at the University of Pretoria.
Breakfast seminars organised and hosted by BE at UP in
collaboration with its experts at the University included the
following:
• Ergonomic Solutions in the Workplace to improve the
productivity, profitability and efficiency of the working
environment.
• Business Process Management for organisations to
adopt smart business processes to significantly enhance
performance.
Media and communication activities, driven by the relevance
and significance of BE at UP’s service offerings, were undertaken
with the objective of creating brand awareness and exposing
the relevant target audiences to the brainpower and resources
available at UP.
Appropriate slots were secured in targeted media in
both print and broadcast to further gain exposure for
UP’s specialists and also to position them as experts in
their fields. The selection of media opportunities secured
included Health Matters on SAFM, People Dynamics,
Opportunity Magazine, Morning Live on SABC 2, The Citizen
and Tukkie.
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African footprint
BE at UP adopted an aggressive approach during the year to
further penetrate the rest of the African market, specifically in the
tender environment. BE at UP is already reaping the rewards of this
focused strategy and activities should increase dramatically during
the next financial year. Recurring business from existing clients
played a significant role in the company’s turnover generated.
1 Botswana
2 Congo
3 Ethiopia
4 Ghana
5 Kenya
6 Mauritius
7 Mozambique
8 Namibia
9 Nigeria
10 Somalia
11 Sudan
BE at UP’s
African footprint
Community engagement
Janine Smit Editorial Services: Portfolio
96
12 Tanzania
13 Uganda
14 Zambia
15 Zimbabwe
With South Africa facing many challenges, such as unemployment
and poverty, the upliftment and improvement of the quality of
life for many is dependent on partnerships and initiatives that
are motivated by good corporate citizenship.
BE at UP worked closely with project stakeholders, embarking
on projects that supported social upliftment and entrepreneurial
ventures.
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