31 May 2016

Public Accounts Committee (PAC) member, Mr Samson Guma, says failure to adhere to financial management guidelines could hinder objectives of the Administration of Justice (AOJ).

His sentiments followed a briefing of the PAC by the Registrar and Master of the High Court, Mr Michael Motlhabi, on May 30.

Mr Guma, who is also Tati East MP, expressed concern over the AOJ expenditure saying if funds were not spent well, the organisation could collapse.

He asked Mr Motlhabi to explain what had given rise to the overpayment in salaries, including payments of rentals, saying this could be another reason why the organisation had overspent on its re-current budget.

 “As the accounting officer, you have been given financial warrant for public funds. So, why should we not hold you accountable for the funds? You have been given the financial warrant to pay the funds as given for that financial year. But, since there is a shortfall, if you fail to account we should hold you accountable,” he added.

Mr Motlhabi had stated that AOJ overspent on its re-current budget for 2015/2016 financial year by more than P1.6 million.

He also explained that the organisation was offered over P185 million, but it spent more than P187 million.

He said the over expenditure emanated from administrative lapses, where casualty return was not issued and they only realised that there was an overpayment when it was issued.

Although he acknowledged that he was wrong to have overpaid officers’ salaries and housing allowances, Registrar and Master of the High Court said it was the responsibility of officers, as the recipients of the funds, to report any overpayments into their accounts and return it.

PAC chairperson and also Kanye South MP, Mr Abram Kesupile cautioned Mr Motlhabi against seeking the committee to write-off debts that his organisation could not recover from debtors, saying this was what led to government losing a lot of revenue.

Mr Kesupile said cases should be addressed and acted on timely and clear evidence recorded on what measures were taken to recover funds from debtors to avoid write-offs. 

He also expressed concern that Mr Motlhabi did not give sufficient information to committee queries in his report, saying he gave the same answers to the same questions he was asked in his previous report, which showed that he did not do much to address the matter.

Pointing out the Administration of Justice’ achievements, Mr Motlhabi said the Court of Appeal had introduced the alternative dispute resolution by embodying it into their rules and there was also the judiciary case management system, which he said was doing very well in the High Court.

“Of course the same cannot be said about the Magistrate Court, as it still lagging behind a bit,” he added.

In an effort to ensure that justice reaches people in other places, he said there was a court at Kang and Nata.

“Although in Nata it is not yet opened, but the structures are there and the Magistrate has already gone there. I hope before July 2016 it will be fully operational,” he said.

However, the Registrar and Master of the High Court said the organisation was faced with resource constraints and manpower challenges. To address these challenges, he said a conference would be held this year (2016) to address the judiciary resource challenges.

Another challenge, which he said affected the public, was transcription of records both from the High Court and the Magistrate Court, ‘with a disastrous effect that some people end up completing their sentences without seeing their bail report.’

This, he said was also a resource factor, ‘because we have requested to be given two court reporters, but that has not yet been achieved.’

This, he said was because the market did not have qualified court reporters and there was also real time court reporting which ‘we thought can assist us, but the equipment is expensive and we have not yet arrived at the level of buying it although we wanted to pilot it in the near future.’ Ends