Assessing the National Prosecuting Authority (NPA) Complexities and Possibilities Tuesday 20 Nov ADV N JIBA Acting National Director of Public Prosecutions 1

General Prosecution Performance 2

Vision & Mission Statement 3 Vision Vision Justice in our society so that people can live in freedom and security Mission Mission 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

JCPS Delivery Agreement NPA Annual / Strategic Plan Estimates of National Expenditure Regional Annual Plan 4 Source Documents

NPA Strategic Outcome Oriented Goal: To provide effective prosecution and related services Goal Statement To ensure that all matters are dealt with speedily and effectively Purpose Provide a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, remove the profit from crime, and protect certain witnesses 5 NPA Strategic Overview

Government Performance Management Framework The South African government to performance measurement shifted from Output Based to Outcomes Based Outcome for the JCPS is that “People Must Be and Feel Safer” 6

NPA ENE Indicators 7 Indicator PastCurrent 2009/102010/112011/122012/13 Number of court cases finalised - through alternative dispute resolution mechanisms Number of criminal court cases with verdict Conviction rate: per year - high courts - regional courts - district courts 88% (1 083) 74% (28 578) 91% ( ) 87.8% (921) 73% (27 385) 91% ( ) 87% (939) 74% (27 933) 87% ( ) 87% (958) 74% (28 491) 87% ( ) The NPA performance in respect of the ENE indicators is set out in the table below:

Conviction rates are:  A percentage of cases finalised with a guilty verdict (including Sec 57 of the CPA) divided by the number of cases finalised (i.e. excluding ADRM). Conviction rate is measured at the date of sentencing or verdict of not-guilty irrespective of the date when the plea was first entered. Only verdict cases are considered when conviction rate is calculated. Convictions in the mere sense are judgments by a court of law that a person is guilty as charged. Regarded as a quality indicator for NPA to indicate the number of trial cases in which a conviction was achieved. NPA has since inception of the current measuring system maintained a uniform approach to conviction rates. The achievements for all criminal courts are indicated below: 8 Performance Indicator Audited/Actual Performance Target 2012/13 Midterm Actual 2008/092009/102010/112011/12 Overall conviction rate 86.3%88.6%88.3%88.8%88.0%89.3%

Conviction rates are not:  Successful prosecutions in relation to the number of crimes reported to the police. Successful prosecutions relates also to matters finalised through ADRM, matters dealt with ito CJA, decision dockets finalised without enrollment in a criminal court and admission of guilt payments. The core mandate of prosecutions is not to seek convictions at all cost but to ensure justice is done. SAPS measures CHARGES as reported crime and NPA measures CASES after enrollment which include multiple CHARGES. The comparison below extracted from the case audit conducted in Regional and High courts indicate the difference clearly: 9

CONVICTION RATES: 2006/072007/082008/092009/102010/112011/12GROWTH CONVICTION RATE 85.7%87.2%87.8%88.6%88.7%88.8%3.1% District Courts 87.4%87.6%88.1%90.5%90.7%90.8% 3.4% Regional Courts 72.3%72.5%73.7%73.6%73.4%74.3% 2.0% High Courts83.4%90.6%86.3%87.7%87.8%84.6% 1.2% 10

Cases Finalised / Disposed Cases finalised with ADRM include: –Cases finalised through ADRM (Diversion, Informal Mediation); –Cases finalised with verdict (Sec 57A Admission of guilt, Convictions and Acquittals)  Cases are finalised and prosecution cannot be reinstituted Cases disposed include: –Cases finalised and cases removed from the roll –Cases removed from the roll include: Withdrawals, Warrants issued, External Transfers, Mental Referrals; and Struck off roll  Cases are not finalised when removed from the roll and prosecution can be reinstituted 11

Finalisation of cases 12 Performance Indicator Audited/Actual Performance Target 2012/13 Midterm Actual 2008/092009/102010/112011/12 Number of criminal court cases finalised including ADRM

Additional work done: In order to better reflect the efforts of the NPA it is necessary to include a wider range of matters finalised in addition to the cases finalised through ADR and verdict cases. Criminal matters finalised in the reporting period include: –Decision dockets which resulted in a decision not to prosecute (Nolle Prosequi), –Matters where admission of guilt was determined by the prosecutor and it was paid (did not result in a court case); –Cases finalised through ADR (informal mediation, diversions etc), –Cases finalised through verdict and appeals finalised in the High courts. 13

Performance Overview of Public Prosecutions 14 New CasesCases RemovedTotal FinalisedFinalised VerdictADRM 2010/ /

2011/12INPUTOUTPUT: CASES DISPOSED FORUMNEW CASES CASES FINALISED CASES REMOVED FROM THE ROLL ADRM (incl. CJA) VERDICT CONVICTION RATE WITHDRAWN/ WARRANTS/ TRANSFERS/ STRUCK OFF ROLL/ MENTAL OBSERVATIONS HIGH COURTS %137 REGIONAL COURTS % DISTRICT COURTS % Performance Overview of Public Prosecutions 15

16 Cases removed from the roll: 2011/12 FORUM2010/11% of National2011/12% of NationalProgress HIGH COURT % %-21.71% REGIONAL COURT % %-5.24% DISTRICT COURT % %-9.08% ALL % %-8.75% 16 Financial Year WithdrawalsWarrant IssuedExternal TransfersMental ReferralsStruck off RollTotal 2010/ % 42.0%31.4%9.2%0.2%17.3%100% 2011/ % 40.4%30.3%9.5%0.3%19.5%100% Progress -1.6%-1.1%0.3%0.1%2.2%

Plea Agreements  Sec 105A Plea and Sentence Agreements are measured on the number of agreements and counts involved /102010/112011/12Apr – Sep 2012/13 Agreements Counts Counts per Agreement

Workload analysis: Lower Courts 6.9% (70 630) increase in formal bail applications during FY 2011/12 compared to the applications dealt with during 2010/11. Valuable court time is spent on bail applications, which could have been used for trial-ready matters. 18 INPUT INPUT: PREVIOUS OS ROLL/ NEW CASES/ DECISION DOCKETS RECEIVED FORUM CURRENT STAFF COMPONENT CASES / DOCKETS PER PP CASES/DOCKETS PER PP P/M CASES/DOCKETS PER PP P/D Lower Courts OUTPUT OUTPUT: CASES FINALISED / DECISION DOCKETS DEALT WITH - MIDTERM FORUM CURRENT STAFF COMPONENT CASES / DOCKETS CASES/DOCKETS PER PP CASES/DOCKETS PER PP P/M CASES/DOCKETS PER PP P/D Lower Courts

Workload analysis: The following is disregarded by ISS: Work done outside the court – decision dockets etc Complexity of a case – organised crime Multiple dockets per case and multiple charges and accused per case 19 Year Cases Counts Counts per case Accused Acc. per case

NPA Data on Input and Output /032003/042004/052005/062006/072007/082008/092009/102010/112011/12growth New cases in court % Cases disposed % Cases removed from the roll % Finalised cases % Cases remaining in the system % Clearance rate -14.4%5.8%4.2%9.3%3.7%0.6%1.2%2.0%3.5% 4.4%18.8% Success rate 44.2%35.1%35.4%35.2%34.4%37.2%40.3%44.1%46.3% 47.9%3.68%

NPA Data on Cases Finalised /032003/042004/052005/062006/072007/082008/092009/102010/112011/12growth Finalised cases % Verdict cases % Convictions % ADRM % Conviction rate 81.5%83.3%84.5%86.3%85.7%87.2%87.8%88.6%88.7%88.8% 7.3%

NPA Data on Court Utilisation /0303/042004/052005/062006/072007/082008/092009/102010/ /12 Estimate growth Ave Hours 04:0904:0804:0704:0603:5803:3903:5003:4603:3403:30-00:39 Total Court Days % Total Courts in Session %

Performance Overview  Compared to the previous year:  High conviction rates maintained in all courts: overall conviction rate was 88.8%  Increase in number of cases finalised through ADRM by 2.2%, from in 2010/11 to in 2011/12  All courts maintained a positive clearance ratio – disposing of more cases than enrolled  12.2% reduction in number of cases withdrawn 23

Performance Overview (Cont.)  The courts on the Backlog Court Project finalised backlog cases which contributed to the reduction in backlog of cases – at the end of the year the backlog was , 5.7% less than the in 2010/11  6.4% more dockets were received for decision dockets were dealt with which is a 5.4% increase  6.9% (70 630) increase in formal bail applications compared to the applications dealt with during 2010/11 24

25 Thank you!