WCG DoTP APP 2023/2024

7.6.

PROGRAMME 6: LEGAL SERVICES

7.6.1.

Programme purpose

The overall purpose of the programme is to render a comprehensive legal support service to the Western Cape Government. The programme strategically supports Cabinet, Provincial Top Management and the Director General in his transversal role as envisaged in section 7(3)(c) of the Public Service Act and in his role as Accounting Officer for the Department of the Premier, by providing legal governance and advisory services, providing for the legislative drafting requirements of the Provincial Executive, and providing a legal support service in respect of litigation instituted by or against the Western Cape Government. The programme contributes to Governance, Innovation and Culture as an enabler for sound decision-making and the institutionalisation of good governance, through which the level to which the Western Cape Government may be responsive to the needs of society in a manner which is lawful, may be improved. As such, adherence to the Rule of Law and compliance with legislative prescripts are not pursued as end-goals, but as mechanisms through which accountability and service delivery can be improved. There is also a linkage with the 2020/25 Medium-term Strategic Framework as it relates to building a capable, ethical and developmental state. The work of the programme contributes to the Western Cape Government upholding the constitutional values and principles of public administration and the Rule of Law, focused on the realisation of the fundamental rights that are entrenched in the Bill of Rights. Lawful actions and decisions, informed by law and strategy, are effective actions and decisions, guaranteeing finality and certainty, with public funds expended properly and efficiently, which contributes to a capable state in which citizens have trust and confidence. Sub-programme 6.1: Programme support: To provide administrative support to the management of this programme. Sub-programme 6.2: Legal Advisory and Governance Services: To provide corporate legal advisory and governance services to Members of the Executive and provincial departments. The functions relate to the provision of formal legal opinions and legal advice; rendering of advice on correspondence of a legal technical nature; provision of legal input into Cabinet submissions; ensuring legally sound contracts; and representing provincial departments at forums on legal matters. The Sub-programme also provides a legal governance service consisting of the rendering of pro active legal advice to Members of the Executive and provincial departments; reviewing and maintaining delegations for duly authorised decision-making by Members of the Executive, Heads of Department and other departmental officials; conducting legal governance assessments; and providing legal training to employees of the Western Cape Government, provincial public entities and municipalities to, amongst others, enable adherence to transversal legislation, such as the Promotion of Access to Information and Promotion of Administrative Justice Acts and the Protection of Personal Information Act, and improve governance in areas such as procurement and contract management. 7.6.2. Sub-programme purpose The programme provides for the following functions to be delivered:

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DOTP ANNUAL PERFORMANCE PLAN FOR 2023/2024