Related Review of Literature and Studies

Topics: Judge, Court, Supreme court Pages: 44 (19078 words) Published: October 27, 2014
WB/CS/05

Evidence-Based Governance in the
Electronic Age

Case Study
Legal and Judicial Records and Information
Systems in South Africa

This case study has been prepared by the International Records Management Trust and does not reflect the views of the World Bank nor the Government of South Africa.

A World Bank/International Records Management Trust
Partnership Project
July 2002

CONTENTS

Introduction

1

Executive Summary

2

Judicial System and Institutions

5

Records Management in the Courts

10

Integrated Justice System (IJS) and E-Justice

12

Court Processes and Record Keeping Systems

16

Court Process Project

29

Role of the National Archives and Records Service

35

E-Government and Electronic Records Management

37

Records and Information Management: Key Issues

38

Appendix A: List of People Consulted
Appendix B: Access to Information

41
42

WB Case Studies/4884wbcs05

INTRODUCTION
1

Evidence-Based Governance in the Electronic Age is a three-year project delivered in partnership between the World Bank and the International Records Management Trust. It involves coordinating a global network of institutions and organisations to facilitate the modernisation of information and records systems.

2

Records, and the information they contain, are a valuable asset that must be managed and protected. Records provide the essential evidence that a particular action or transaction took place or that a particular decision was made. Records support all business functions and are critical to the assessment of policies and programmes, and to the analysis of individual and organisational performance. Without reliable records, government cannot administer justice and cannot manage the state’s resources, its revenue or its civil service. It cannot deliver services such as education and health care. Without accurate and reliable records, and effective systems to manage them, governments cannot be held accountable for their decisions and actions, and the rights and obligations of citizens and corporate bodies cannot be upheld.

3

New technologies provide great potential to improve services and efficiency, but the evidence base upon which governments depend must continue to be protected and preserved. For initiatives such as e-government and e-commerce to be successful, governments must have access to information that possesses certain crucial characteristics: the information must be available, accurate, relevant, complete, authoritative, authentic and secure.

4

The aim of the Evidence-Based Governance project is to make records management a cornerstone of the global development agenda. The challenge is to rebuild and modernise information and records management systems in parallel with complementary measures to improve the broader environment for public sector management. The project represents a major opportunity to integrate records management into global strategies for good governance, economic development and poverty reduction.

5

During the first phase of the project, studies were carried out within the World Bank and in a range of countries to explore the requirements for managing personnel, financial and judicial records in a hybrid, electronic/paper environment. This report is one of thirteen case studies that illustrate the issues involved. The studies have been supplemented by findings derived by a global discussion forum involving senior officials and records and archives professionals. The knowledge gathered through these means is providing the basis for the development of assessment tools to measure the quality of records and information systems in relation to clearly defined functional requirements and benchmarks. The project will develop tools for use in the three areas of study: personnel, financial and judicial records systems. Ultimately, the information gathered will also help to define the requirements for global...
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