Cybersecurity gaps and network failures could cause court disruptions, lost records and slower justice, the auditor-general warns.
Despite billions of rands being invested in an integrated justice system (IJS) programme, weak governance, fragmented oversight and delays in delivering promised benefits are sinking it.
About R4.9 billion has been spent on the programme over the past decade through the department of justice and constitutional development’s allocation, according to the auditor-general’s report presented to parliament’s portfolio committee on justice and constitutional development yesterday.
Governance weaknesses hamper the justice programme
Yet, Auditor-General Tsakani Maluleke said the vision has not yet been achieved.
The report identified unclear accountability, fragmented oversight, siloed planning, inconsistent performance indicators and limited outcome-based monitoring as some of the obstacles.
“There has been limited progress in developing the new IJS strategy. The enterprise architecture committee and members of the implementation committee are currently engaging participating departments and the private sector to gather input for the development of the IJS Digital Transformation and Modernisation Strategy,” the report said.
The priority should now be to drive adoption, strengthen governance and realise sustained value across the criminal justice chain, it read.
ICT failures threaten court operations
The auditor-general also uncovered significant weaknesses across the justice portfolio’s information and communications technology (ICT) environment, including poor monitoring of risks, cybersecurity gaps, delayed strategic projects, weak management of external providers and recurring weaknesses in access controls, security, change management and business continuity.
The report warns that local area network (LAN) and wide area network (WAN) instability could disrupt courts and case systems, resulting in postponements, lost records and slower justice.
According to the report, weak cybersecurity and access controls also expose funds to fraud and misappropriation, while vulnerabilities could expose sensitive case and beneficiary information.
Network upgrades remain far behind target
Progress on the department’s network infrastructure had also lagged behind and only 63 of 506 planned WAN upgrades had been completed by 31 August, with the auditor-general saying progress remained behind approved targets.
The ICT problems form part of a wider accountability concern in the justice department portfolio.
The department’s 10 auditees managed a combined R29.62 billion budget, with the audit findings recording R289 million in irregular expenditure.
Irregular expenditure raises accountability concerns
The department accounted for R289.4 million of the irregular expenditure, followed by the Office of the Chief Justice, Mandisa Maya, at R25.7 million, the South African Human Rights Commission at R3.5 million and the Special Investigating Unit at R3.1 million.
The report stated irregular expenditure undermined the constitution, which requires that procurement must adhere to the five pillars of procurement: be equitable, fair, cost-effective, transparent and competitive.
“While some institutions achieve unqualified or clean audits, these institutions continue to incur irregular expenditure and disregard procurement laws.
“This culture must be addressed, irrespective how material the amounts involved are,” the auditor-general warned.
Leadership instability adds another layer to the concerns, with the auditor-general noting that Maya’s office had been without an accounting officer for 15 months, while the Special Investigating Unit had been without one for two months.