1 PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT Presented by...

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND

CONSTITUTIONAL DEVELOPMENT

Presented by Adv. MJ Mpshe SC, Acting NDPP

19 November 2009

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Overview of Presentation

• Introduction to the NPA

• Overview of Performance

• Challenges

• Closure

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Introduction to the NPA Purpose: To institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings

The vision of the NPA is to achieve: Justice in our society so that people can live in freedom and security

The mission is: Guided by the Constitution, we in the National Prosecuting Authority, ensure justice to the victims of crime by prosecuting without fear, favour or prejudice, and by working with our partners and the public to solve and prevent crime.

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Budget and Expenditure

Actual Expenditure per Economic Classification as at 31 March 2009 2009/10

Economic Classification Total_Expenditure Current_Budget Available_Budget Current_Budget

BUILDINGS & OTHER FIX STRUCT 0 0 0

COMPENSATION OF EMPLOYEES 1,556,565,899 1,555,395,000 -1,170,899 1,824,536,000

FRUITLESS & WASTEFUL EXP 0 0 0 0

GOODS AND SERVICES 506,816,689 510,810,000 3,993,311 567,689,000

HOUSEHOLDS 4,575,029 7,537,001 2,961,972 10,057,000

MACHINERY AND EQUIPMENT 2,606,434 36,271,999 33,665,565 64,043,000

SOFTWARE & INTANGIBLE ASSETS 12,110 4,267,000 4,254,890 12,344,000

INTEREST AND RENT ON LAND 0 0 0 0

FIN TRANS IN ASSETS&LIABILITIES 1,298,369 0 -1,298,369 0

DEPARTMENTAL AGENCIES & ACCOUNTS 100,231 1,240,000 1,139,769 1,415,000

Grand Total 2,071,974,760 2,115,521,000 43,546,240 2,480,084,000

2008/09

Budget and Expenditure (October 09)

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COMPENSATION OF EMPLOYEES 950,441,249 1,775,407,000 824,965,751 54%

GOODS AND SERVICES 313,369,736 582,149,000 268,779,264 54%

INTEREST AND RENT ON LAND 66,020 600000 533,980 0%

PAYMENTS FOR FINANCIAL ASSETS 58,249 0 -58,249 0%

HOUSEHOLDS 8,042,121 8,088,000 45,879 99%

MACHINERY AND EQUIPMENT 1,502,313 16,043,000 14,540,687 9%

SOFTWARE & INTANGIBLE ASSETS 0 1,771,000 1,771,000 0%

DEPARTMENTAL AGENCIES & ACCOUNTS 0 1,415,000 1,415,000 0%

Grand Total 1,273,479,688 2,385,473,000 1,111,993,312 53%

Vacancy rate

• Vacancy rate at 31/3/09 was 24.9%

• Current vacancy rate is 17.32%

• 460 posts advertised in the current year & 373 posts filled

• Focused intervention to fill posts & an additional 600 posts to be filled by the end of the financial year.

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Stakeholder engagement

• Successfully hosted Heads of Prosecuting Agencies (HOPAC) 2009 Conference in Cape Town. 46 heads of prosecuting agencies attended .

• Hosted the Africa Gender Justice Summit. 15 African Countries participated, to share experiences and solutions to gender based crimes.

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Preparations for 2010

• Dedicated courts and resources will be operational for two weeks prior and two weeks post the event.

• Court operational from 07h45 to 16h15 (1st shift) and 16h15 to 23h00 (2nd shift). This has serious budgetary implications

• Regional Managers are kept abreast of all developments.

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NPA Strategic Framework

Excellen

t G

overn

an

ce

Strategic Goal

Sub-Programme

Measurable Objective Strategy

Excellent service delivery

1. Public Prosecutions

1.1 To increase the number of cases finalised successfully

1.1.1 Deliver a speedy, quality prosecution within the prescripts of the law.

1.1.2 Build sound relations with key partners and stakeholders

1.2 To increase the use of alternative ways of delivering justice

1.2.1 Use suitable alternatives to punitive justice

1.3 To improve the capacity to deal with complex commercial crime

1.3.1 Develop a dedicated commercial crime capability

1.4 To improve justice services for the victims of sexual offences

1.4.1 Develop capability to successfully deal with cases affecting mainly women and children 1.4.2 Increase the number of TCCs

2. Office for Witness Protection

2.1 To increase the successful protection and support of vulnerable and intimidated witnesses

2.1.1 Ensure that no witnesses are harmed or threatened

2.1.2 Reduce the walk offs from the programme

3. Directorate of Special Operations

3.1 To increase the successful investigation and prosecution of organised and complex crime

3.1.1 Disrupt organised crime

4. Asset Forfeiture Unit

4.1 To contribute to reducing the incentive for crime

4.1.1 Increase the impact of asset forfeiture 4.1.2 Maintain a high success rate

4.1.3 Develop jurisprudence

Adequate resourcing

5. Support Services

5.1 To improve service delivery support

5.1.1 Service Delivery Improvement 5.1.2 Improve the recruitment, maintenance and retention of human resources 5.1.3 Improve Information Management and Information and Communications Technology (ICT) Resourcing

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NATIONAL PROSECUTIONS SERVICE • Primary national responsibility for instituting criminal

proceedings and performing related functions on behalf of the State. The largest unit in the NPA and houses public prosecutors and state advocates manning the nation’s District, Regional and High Courts.

• NPS deals with criminal cases and arising appeals, litigation in ancillary matters involving the resolution of criminal matters outside of the formal trial process. These include diversions, admissions of guilt and providing data on court performance.

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Performance for 08/09

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Comparative Analysis 04/05-08/09

Indicator 2004/05 2005/06 2006/07 2007/08 2008/09Change over prev

yearChange over

period

Total cases finalised incl ADRM 388,634 431,601 +11.1%

Admission of Guilt (S57A) 30,115 38,015 +26.2%

Informal mediations 15,393 38,032 +147.1%

Cases finalised with verdict and through diversion 399,966 411,417 379,034 343,126 355,554 +3.6% -11.1%

Diversions 18,946 37,422 44,483 46,470 43,729 -5.9% +130.8%

Cases finalised excl ADRM 381,020 373,995 334,551 296,656 311,825 +5.1% -18.2%

Cases finalised (Sat & Add crts) 11,751 1,432 1,525 3,503 4,497 +28.4% -61.7%

New cases 1,084,137 1,069,724 1,062,497 1,037,538 1,058,376 +2.0% -2.4%

Decision dockets received - lower crts 523,169 517,101 489,213 452,997 488,780 +7.9% -6.6%

Withdrawals 318,767 311,078 306,050 305,893 286,837 -6.2% -10.0%

Outstanding roll 206,005 198,990 206,508 232,518 234,483 +0.8% +13.8%

Backlog cases (cases older than 12 mths in HC, older than 9 months in RC, 6 months in DC)

33,595 37,216 36,130 39,736 42,495 +6.9% +26.5%

Awaiting trial detainees (Mar avg) 52,371 48,807 48,196 52,662 49,477 -6.0% -5.5%

National Prosecutions Service

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Performance Targets 09/10

Mid

yea

r pe

rfor

man

ce

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Indicator 2005/06 2006/07 2007/08 2008/09 2009/10Change over

prev year

Total cases finalised incl ADRM 388,634 431,601 257,677 +19.4%

Admission of Guilt (S57A) 30,115 38,015 23,446 +23.4%

Informal mediations 15,393 38,032 28,823 +51.6%

Cases finalised w ith v erdict and through div ersion 411,417 379,034 343,126 355,554 205,408 +15.5%

Div ersions 37,422 44,483 46,470 43,729 24,859 +13.7%

Cases finalised ex cl ADRM 373,995 334,551 296,656 311,825 180,549 +15.8%

Cases finalised (Sat & Add crts) 1,432 1,525 3,503 4,497 2,366 +5.2%

New cases 1,069,724 1,062,497 1,037,538 1,058,298 510,240 -3.6%

Decision dockets receiv ed - low er crts 517,101 489,213 452,997 488,780 260,663 +6.7%

Withdraw als 311,078 306,050 305,893 286,837 127,828 -10.9%

Outstanding roll 198,990 206,508 232,518 234,483 211,262 -9.9%

Backlog cases (cases older than 12 mths in HC,

older than 9 months in RC, 6 months in DC)37,216 36,130 39,736 42,495 37,459 -11.9%

Conv iction rate 85.7% 85.8% 85.9% 86.30% 88.4% +2.1%

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Specialised Commercial Crime Unit (SCCU)

• SCCU prosecutes complex commercial crime cases emanating from the SAPS Commercial Crime Branches.

• Offices in Pretoria, Johannesburg, Durban, Port Elizabeth, Cape Town and Bloemfontein & satellite office in East London.

• Prosecutor involved in the case from the start of investigation and co-locate with SAPS.

• Dedicated Commercial Courts are critical

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Performance for 08/09

Comparative analysis of performance 04/05-08/09


yrChange over

period

Number of courts 4 4 7 7 9 +28.6% +125.0%

Convictions 653 857 1,515 1,232 1,408 +14.3% +115.6%

Conviction Rate 94.80% 94.60% 96.62% 94.10% 93.70% -0.4% -1.2%

Cases enrolled for trial 935 1,431 1,844 1,844 1,919 +4.1% +105.2%

Cases disposed of 1,772 2,271 3,574 3,031 3,529 +16.4% +99.2%

SCCU

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Performance Targets for 09/10

Mid year performance

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prev yr

Number of courts 4 7 7 9 9 +0.0%

Conv ictions 857 1,515 1,232 1,408 548 -22.2%

Conv iction Rate 94.60% 96.62% 94.10% 93.70% 93.76% +0.1%

Cases enrolled for trial 1,431 1,844 1,844 1,919 696 -27.5%

Cases disposed of 2,271 3,574 3,031 3,529 1,623 -8.0%

SCCU

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Sexual offences and community affairs (SOCA)• Develops strategy and policy, & oversees the management

of cases relating to sexual offences, domestic violence, human trafficking, maintenance offences and young offenders. The broad outcomes that SOCA seeks to achieve are to:– Improve the conviction rate in gender-based crimes and crimes

against children;– Actively protect vulnerable groups from abuse and violence;– Ensure access to maintenance support; and – Systematically reduce secondary victimisation

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Performance 08/09

1. Public Prosecutions Successfully finalised sexual offencesprosecutions

Conviction rate: Sexual offences courts 66% 66.7%

Thuthuzela Care Centres Number of TCCs 15 17

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Comparative Analysis


yrChange over

period

Number of dedicated courts 53 67 59 64 50 -21.9% -5.7%

Conviction rate: Dedicated Courts 63% 70% 65% 64% 66.7% +2.7% +5.9%

Number of Thuthuzela Care Centres 5 10 10 9 17 +88.9% +240.0%

Conviction rate: TCC's 80% 80% 83% 75% 61.2% -18.4% -23.5%

Sexual Offences - NPS and Sexual Offences and Community Affairs

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Highlights of Achievements

• In partnership with EWLA (Ethiopia) developed a cutting edge documentary on DV, showcasing strides undertaken by the NPA towards reducing DV incidences. The documentary was nominated in the category “Best short documentary” at the Los Angeles Pan African Film Festival in January 2009

• 2329 prosecutors and other related persons have been trained in respect of the SOCA focus areas.

• Addressed various internal conferences in areas of focus and hosted various conferences

Establishment of TCC

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• Four TCCs to be established this year: Western Cape: George & Bellville (Karl Bremmer hospital), North West: Rustenburg & Taung.

• WC sites are 40% complete & NW 45%.

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Targets 09/10

SOCA Mid year performance

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prev yr

Number of dedicated courts 67 59 64 50 42 -16.0%

Conv iction rate: Dedicated Courts 70% 65% 64% 66.7% 69.9% +3.2%

Number of Thutuzela Care Centres 10 10 9 17 16 -5.9%

Conv iction rate: TCC's 80% 83% 75% 61.2% 64.8% +5.9%

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Priority Crimes Litigation Unit (PCLU)

• The PCLU was created by Presidential proclamation to manage investigations and prosecute crimes that impact on State security.

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Performance 08/09Service Delivery Achievements • Senior member of PCLU classified 1 of only 15 international experts in

nuclear terrorism• Assisted the Director of the Financial Intelligence Centre (FIC) in

dealing with FATF evaluation of SA• Several high profile prosecutions were conducted

Missing Persons’ Task Team • Finalised 14 exhumed cases and remains handed to families

– 9 of the Mamelodi 10 (the search for the 10th member continues)– 2 MK members who died in Mmabatho in Jan 1986– 1 of 4 MK members fatally wounded near the Botswana border in 1986– 2 AZANLA (AZAPO) members who were fatally wounded near Zeerust in Oct 1981– 4 MK operatives killed in shoot with SANDF in Nov 1983

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Office for Witness Protection

• The OWP provides a support service to the CJS by the protection of threatened or intimidated witnesses (and related persons) by placing them under protection, thus ensuring that they will testify in criminal and other defined proceedings.

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Performance 08/09

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Comparative analysis 04/05-08/09


yrChange over

period

Witnesses 247 220 229 231 218 -5.6% -11.7%

Total including families 499 488 497 428 431 +0.7% -13.6%

Witnesses harmed 0 0 0 0 0 +0.0% +0.0%

Walking off program (%) 6% 3% 3% 24% 16.9% -29.6% +181.7%

Formal grievances laid (%) 3% 1% 2% 2% 2.4% +20.0% -20.0%

Witness Protection

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Performance Targets 09/10

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Sub-programme 3: Directorate of Special Operations• The purpose of the directorate is to

gather and analyse information, investigate and prosecute particular serious crimes, organised crimes and crimes of national interest which threaten democracy and the economy.

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Performance against targets 08/09

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Comparative Analysis of performance 04/05-08/09


yrChange over

period

Investigations finalised (no. of cases) 325 318 267 178 78 -56.2% -76.0%

Investigations new (no. of cases) 334 380 368 111 55 -50.5% -83.5%

Arrests (no of persons) 471 447 617 144 126 -12.5% -73.2%

Prosecutions finalised (no. of cases) 234 243 214 182 64 -64.8% -72.6%

Conviction rate 88% 82% 85% 94% 98% +4.3% +11.4%

Restraint orders with AFU (R'000) 180,000R R 236,000 R 550,000 R 45,425 R 17,021 -62.5% -90.5%

Contraband seized (R'000) 2,460,000R R 445,000 R 956,580 R 4,084,775 R 35,571 -99.1% -98.6%

Directorate of Special Operations

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Sub-programme 4: Asset Forfeiture

Asset Forfeiture seizes criminal assets that are the proceeds of crime or have been involved in the commission of an offence either through a criminal/civil process

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Performance against targets 08/09

4. Asset Forfeiture Disruption of crime by asset forfeiture Success rate 86% 86.5%

Number of restraint orders 255 275

Number of completed forfeiture cases 250 277

Value of seizures (R million) 330 320

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Comparative Analysis 04/05-08/09


yrChange over

period

New restraint orders (no.) 161 252 252 223 275 +23.3% +70.8%

Value of new restraints (R'000) R 234,406 R 344,129 R 1,294,569 R 395,229 R 320,254 -19.0% +36.6%

Completed forfeiture cases (no.) 151 221 242 223 277 +24.2% +83.4%

Value of assets forfeited (R'000) R 172,855 R 106,748 R 100,600 R 127,322 R 271,588 +113.3% +57.1%

Money paid to CARA R 24,500 R 18,823 R 19,291 R 45,564 R 65,933 +44.7% +169.1%

Success rate (overall) 87% 88% 88% 88% 86.5% -1.5% -0.6%

Success rate in judgments 65.2% 72.4% 81.8% 80.0% 63.2% -16.8% -3.1%

Asset Forfeiture Unit

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Targets 09/10

AFU mid-year figures

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prev yr

New restraint orders (no.) 252 252 223 275 148 +7.6%

Value of new restraints (R'000) R 344,129 R 1,294,569 R 395,229 R 320,254 R 356,988 +122.9%

Completed forfeiture cases (no.) 221 242 223 277 130 -6.1%

Value of assets forfeited (R'000) R 106,748 R 100,600 R 127,322 R 271,588 R 124,923 -8.0%

Money paid to CARA R 18,823 R 19,291 R 45,564 R 65,933 R 17,705 -46.3%

Success rate (ov erall) 88% 88% 88% 86.5% 86.5% +0.0%

Success rate in judgments 72.4% 81.8% 80.0% 63.2% 53.3% -9.9%

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Sub-programme 5: Support Service

Corporate Services aims to ensure effective leadership, management & administrative support to NPA through continuous refinement of organisational strategy & structure in compliance with appropriate legislation & best practice

Disciplinary Matters

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Number of disciplinary hearings conducted for the period 74

Pending disciplinary hearings 35

Types of misconduct most prevalent Corruption, fraud, defeating the ends of justice,

dishonesty

Levels (main) of employees charges C5 and D1 prosecutors

Employees suspended 9

Employees precautionary transferred 1

Pending external disputes 38

Number of grievances 63

Number of appeals 12

Number of labour court/high court matters 10

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Challenges

• Accommodation in the lower courts• Lack of control over the full process

throughout the value chain• Dedicated courts for sexual offences and

complex commercial crime prosecutions (to be discussed with Minister)

• Coordination of CARC meetings per prescribed legislation

• Audit outcome• Vacancies

Focus for 2009/10

• Continue to focus on the audit findings and improving governance in the NPA

• Service Delivery Improvement

• Filling of vacancies

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Closure

• The NPA continuously strives to contribute to freeing South Africa from the shackles of crime and violence. The Constitution places a specific responsibility on the NPA and only by fulfilling this mandate as the Prosecuting Authority will we truly arrive at a vision of living in a non-racial, non-sexist and democratic South Africa free of crime and prejudice where justice is ensured for all.

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Thank you

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