PRESENTATION ON THE NPA STRATEGIC PLAN 2015 2010/11 FINANCIAL YEAR Adv. M Simelane NDPP Project Name, presenter and project role and review date

Overview of Presentation Legislative framework and requirements Structure Strategic goals Measurable objectives and targets Strategies

Legislative Framework The NPA was established in terms of section 179(2) of the Constitution to- institute and conduct criminal proceedings on behalf of the State: carry out any necessary functions, incidental to instituting and conducting such criminal proceedings; and discontinue criminal proceedings. These powers are confirmed in section 20 of the NPA Act. 3

Legislative Requirements Section 5 of the NPA establishes an Office of the NDPP which shall consist of: NDPP (head of office and controls the office) DNDPPs Investigating Directors and Special Directors Other members of the NPA assigned to the office Members of the administrative staff of the office An office for the NPA is established at each seat of the High Court (Section 6(1)) 4

Roles of the Directors of Public Prosecutions (DPPs) Section 24(1) of the NPA Act sets out the powers of the DPPs as follows: Institute and conduct criminal proceedings and to carry out functions incidental thereto Supervise, direct and coordinate the work of DDPPs and prosecutors in region Supervise, direct and coordinate specific investigations Carry out any other functions or duties in terms of the law or the NPA Act.

Roles of the DPPs The NPA strategy restores the focus on the role the DPP as the prosecutorial decision making authority in the NPA All prosecutorial regional functions are centralised under the DPP The NDPP will exercise oversight through enterprise performance management 6

Public Service Act and Regulations Section 1 of the Public Service Act defines a Department as a “national government component, the Office of a Premier, a provincial department or a provincial government component.” Head of Department means “the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes any employee acting in such post” In terms of section 36 of the NPA Act the DG is the Accounting Officer for the NPA In terms of the PFMA the Head of the Department is the Accounting Officer 7

Structure of the NPA The structure has been aligned to provisions of the NPA Act The regional focus areas are aligned to government crime priorities A detailed discussion of the structure is contained on pages 11-20 of the strategic plan 8

Structure of the NPA

Structure : Office of the NDPP Capacity established to deal with the following: Public Interest Litigation Corporate Governance and Administration Integrity Management Legal Services Organised Crime Prosecutions Complex Commercial Crime Asset Forfeiture Sexual Offences and Community Affairs Priority Crimes Litigation 10

Structure: DPP Offices In line with government priorities coordinators have been identified to manage the following crime focus areas: General Prosecution Specialised Prosecution Complex Commercial Crime (old SCCU) Organised Crime Asset Forfeiture Corporate Governance 11

Government Crime Focus Areas Serious and violent crimes Hijacking, business and house robberies (trio crimes) Contact crimes such as murder, rape, and assault Corruption and fraud in procurement and tender processes, and in applications for drivers’ licences, social grants, and identity documents etc. Protection of environmental assets and natural resources 12

General Prosecution Focus Areas Focus on the bulk of the work Include specific focus on: Violent crimes Trio crimes Contact crimes such as murder, rape and assault

Specialised Prosecution Crime Focus Areas Crimes against women and children Maintenance Protection orders Competition law Environmental crimes Corruption in government Corruption of foreign public officials Specialised tax

Complex Commercial Crime and Organised Crime Complex Commercial crime will focus on the apex of the criminal activity in this focus area Organised crime will be the main service provider to the Hawks and focus on the method of commission of the crime rather being crime specific

JCPS Stated Priorities Addressing the overall levels of crime Improving effectiveness and ensuring the integration of the CJS Combat corruption within the JCPS cluster to enhance its effectiveness and its ability to serve as deterrent against crime Corruption (in general) Manage the perception of crime among the population 16

JCPS targets for NPA to contribute towards achieving Finalising more criminal cases by 2% per annum Reducing case backlogs by 10% (2.5% pa) Increasing the number of cases finalised including ADRM by 20% (5% pa) Reducing the period of remand detention Successfully convict 100 people of corruption by 2014 that have assets of more than R5m restrained. Increase in the number of Thuthuzela Care Centres with 50% to 35 17

Key Strategic Goals The NPA has two strategic goals: Excellent governance Excellent delivery The NPA strategy supports the implementation of the intergovernmental programmes and activities in particular the JCPS (page 23- 24). The targets and measurable objectives are aligned to these priorities 18

Vote 23 Justice and Constitutional Development NPA is programme 4 in the DoJ&CD vote Public Prosecutions: provides for general prosecutions and several specialist prosecution units Office for Witness Protection: provides for protection, support and related services to witnesses. Asset Forfeiture: seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process. Support Services: accounts for the corporate services component (will not plan for this unit and will be incorporated in the DoJ&CD)

Vision and Mission 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.

Key Measurable Objectives Increase the number of cases finalised by 4 % from 317 677 to 386 503 in 2014/15 Reduce the number of backlog cases by 2.5% per annum from 37 405 to 33 039 Increase the number of cases finalised (including diversion) by 5% from 404 229 to 515 910 Increase the number of cases finalised by the specialised commercial crime by 2 % from 1 436 to 1 585 Combat corruption by successfully convicting 100 people and constraining their assets to the value of at least R5m.

Key Measurable Objectives (cont.) Establish 5 additional TCC per year from 20 to 45 Ensure that no witnesses are harmed or threatened while on the witness protection programme Reduce the percentage of witnesses that walk off the programme from 40% to 12% Increase the value of freezing orders from R400 million to R500 million

NPA Strategic Framework Excellent Governance 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 prosecutorial efficiency to deal with specific crime 1.3.1 Develop dedicated capabilities for crime focus areas 1.4 To improve justice services for the victims of sexual offences 1.4.1 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. Asset Forfeiture Unit 3.1 To contribute to reducing the incentive for crime 3.1.1 Increase the impact of asset forfeiture 3.1.2 Maintain a high success rate 23

Budget Allocation 24 Public Prosecutions Witness Protection Programme R’ thousand 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 Outcome Adjusted Appropriation Medium-term estimates Estimated inflation increase of 8% MTEF Baseline Public Prosecutions 1,427,856 1,708,235 1,748,206 1,856,692 1,953,591 2,109,878 2,278,669 Witness Protection Programme 103,592 128,014 127,835 135,076 141,550 152,874 165,104 Asset Forfeiture Unit 64,513 73,742 81,795 86,726 91,128 98,418 106,292 Support Services 330,942 472,247 481,788 508,347 532,041 574,604 620,573 Total of sub programmes 1,926,903 2,382,238 2,439,624 2,586,841 2,718,310 2,935,775 3,170,637 Total current payments 1,919,721 2,355,116 2,420,025 2,565,878 2,696,368 2,912,077 3,145,044 Total transfers and subsidies 4,863 9,358 9,599 10,448 10,970 11,848 12,795 Total payments for capital assets 2,319 17,764 10,000 10,515 10,972 11,850 12,798 TOTAL PAYMENTS 24

Sub-programme 1: Public Prosecutions Primary national responsibility to institute criminal proceedings and performing related functions Provides prosecuting services in all Courts in all 9 provinces Focuses on certain crime categories as set out above Apart from appeals, civil litigation and prosecution of cases, also focuses on resolution of criminal matters

Public Prosecutions - Strategies Public prosecution will implement the following strategies: Deliver a speedy, quality prosecution within the prescripts of the law Build sound relations with key stakeholders and partners Use suitable alternatives to punitive justice Develop a dedicated capabilities for crime focus areas Increase the number of Thuthuzela Care Centres Initiatives have been identified for each of the strategies

Deliver a speedy, quality prosecution within the prescripts of the law The following initiatives will be implemented: Operations Management Case Flow Management Case Backlogs DoJ&CD Accessibility Project Screening of Cases Asset Forfeiture Witness Protection Court preparation

Build sound relations with key stakeholders and partners Key stakeholder have been identified Relations will be built and maintained The NPA reliance on stakeholders for attainment of goals is acknowledged Joint target setting in the cluster will greatly contribute to the NPA achieving its targets

Use suitable alternatives to punitive justice Increase focus on use of informal methods of case resolution that is not punitive in nature Focus on increasing diversion of children in conflict with the law and general implementation of the Child Justice Act Lack of suitable programmes and service providers in some areas to be addressed 29

Develop dedicated capabilities for crime focus areas Coordinators to address crime focus areas Regional specific strategies to be developed to address phenomena in regions 30

Increase the number of Thuthuzela Care Centres Roll out additional TCCs to continue No funding from National Treasury which impacts on sustainability Accounting Officer will be requested to submit proposal in this regard Remains a JCPS target 31

32 Measurable objective Strategy Measure/indicator 2010/2011 2011/2012 2012/2013 2013/2014 2014/2015 target/ milestone 1.1 To increase the number of cases finalised successfully 1.1.1Deliver a speedy, quality prosecution within the prescripts of the law Number of backlog cases 36 672 35 952 35 247 33 714 33 039 Number of cases finalised through trial 324 030 330 511 337 121 343 863 350 740 1.1.2Build sound relations with key partners and stakeholders Conviction rate: High Courts 87% Conviction rate: Regional Courts 74% Conviction rate: District Court 1.2 To increase the use of alternative ways of delivering justice 1.2.1 Use suitable alternatives to punitive justice Number of cases finalised including ADRM 412 313 420 559 428 970 437 549 446 300 Average number of children diverted per month 1 338 1 405 1 475 1 548 1 626 1.3 To improve the capability to deal with specific crime focus areas 1.3.1Develop dedicated capabilities to deal with specific crime focus areas Number of complex commercial crime cases finalised through trial 1 464 1 494 1 524 1 554 1 585 Conviction rate: Complex commercial crime cases 94% Conviction rate: Sexual Offences Courts 66% Number of persons convicted with R5m assets restrained 10 20 35 40 1.4 To improve justice services for the victims of sexual offences 1.4.1 Increase the number of Thuthuzela Care Centres Number of TCCs 25 30 45 32

Resourcing Plan Prosecutions Workplace Skills Development Forum-chaired to be established Internship programme to be extended with a strong focus on Employment Equity Continue with the aspirant prosecutor programme Bridging programmes to be introduced at higher levels 33

Resourcing Plan (cont.) Future leaders programme to be implemented to build capacity for top levels with employment equity in mind Additional staff will be required to meet increased demand due to increase in SAPS members. Vacancy rate to be addressed (reported in 08/09 as 24.9% 34

Vacancy Rate of Prosecutorial staff 35

Sub-programme 2: Office for Witness Protection Measures Ensure that no witnesses are harmed or threatened while on the programme Reduce the number of witnesses that abandon the programme 36

OWP: Strategies Integrated in overall prosecution strategy for successful prosecution Address factors leading to walk offs Reduce turnaround times for finalising cases Improve stakeholder engagement 37

OWP: Measures and Targets 38

Sub-programme 3: Asset Forfeiture (AF) The AF employs two strategies to reduce the incentive for crime: Increase the impact of asset forfeiture Maintain a high success rate 39

Increase the impact of asset forfeiture Investigators seconded to SIU-return as financial investigators Continue with co-location with SAPS to assist in criminal investigation and asset tracing Relationship being built with Hawks New regional focus areas can provide new markets: specialised crime, organised crime and complex commercial crime Focus on government priority crimes Lack of adequate staffing to meet demand – outer years budget input provided to address this Continue to build capacity in SADC Explore drafting of papers by prosecutors to increase impact

Maintain high success rate Case selection critical Monitoring continue Skills development and reducing reliance on outside counsel 41

AFU Measures and Targets Measurable objective Strategies Measure/ indicator 2010/1 1 target 2011/1 2 target 2012/ 13 2013/ 14 2014/ 15 3 .1 To contribute to reducing the incentive for crime .1.1 Increase the impact of asset forfeiture Number of new completed forfeiture cases 300 310 330 350 37 5 freezing orders 400 Value of new freezing orders (Rm) 420 440 4 70 500 Number of restraint orders for at least R5m in respect of Persons convicted of corruption 10 20 35 40 .1.2. Maintain a high success rate Success rate 86% 42

Sub-programme 4: Support Service Corporate Services to be integrated with DoJ&CD Role of DG as Accounting Officer acknowledged Control over human resource management and development as well budgeting and expenditure will be maintained Accommodation and provisioning of resources and equipment in Lower Courts remains a concern The DG will be engaged on these areas 43

Transformation Transformed workforce with sound work ethic required for successful implementation Issues of employment equity in the higher levels (12 and up) and lack of disabled personnel requires urgent attention Transformation strategy to be developed and implemented. NPA national and international reporting responsibility acknowledged 44

2010 FIFA World Cup DoJ&CD is the project leader Well established project with clear deliverables and deadlines The NPA will continue to participate in the project Success is expected over the period as the Department is well prepared 45

CJS Review The CJS Review is aimed at establishing a new, modernised, efficient and transformed CJS. The NPA actively participates in the review and the various sub-committees. Strategic integration Protocols developed Integrated information management system

Thank you 47