1 PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT Presented by Adv. MJ Mpshe SC, Acting NDPP 19 November 2009

2 Overview of Presentation Introduction to the NPA Overview of Performance Challenges Closure

3 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.

4 Budget and Expenditure Actual Expenditure per Economic Classification as at 31 March /10 Economic ClassificationTotal_ExpenditureCurrent_BudgetAvailable_BudgetCurrent_Budget BUILDINGS & OTHER FIX STRUCT000 COMPENSATION OF EMPLOYEES1,556,565,8991,555,395,000-1,170,8991,824,536,000 FRUITLESS & WASTEFUL EXP0000 GOODS AND SERVICES506,816,689510,810,0003,993,311567,689,000 HOUSEHOLDS4,575,0297,537,0012,961,97210,057,000 MACHINERY AND EQUIPMENT2,606,43436,271,99933,665,56564,043,000 SOFTWARE & INTANGIBLE ASSETS12,1104,267,0004,254,89012,344,000 INTEREST AND RENT ON LAND0000 FIN TRANS IN ASSETS&LIABILITIES1,298,3690-1,298,3690 DEPARTMENTAL AGENCIES & ACCOUNTS100,2311,240,0001,139,7691,415,000 Grand Total2,071,974,7602,115,521,00043,546,2402,480,084, /09

Budget and Expenditure (October 09) 5

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. 6

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. 7

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. 8

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10 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.

11 Performance for 08/09

12 Comparative Analysis 04/05-08/09

13 Performance Targets 09/10

Mid year performance 14

15 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

16 Performance for 08/09

Comparative analysis of performance 04/05-08/09

18 Performance Targets for 09/10

Mid year performance 19

20 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

21 Performance 08/09

22 Comparative Analysis Indicator2004/052005/062006/072007/082008/09 Change over prev yr Change over period Number of dedicated courts %-5.7% Conviction rate: Dedicated Courts63%70%65%64%66.7%+2.7%+5.9% Number of Thuthuzela Care Centres %+240.0% Conviction rate: TCC's80% 83%75%61.2%-18.4%-23.5% Sexual Offences - NPS and Sexual Offences and Community Affairs

23 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 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 24 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%.

25 Targets 09/10

SOCA Mid year performance 26

27 Priority Crimes Litigation Unit (PCLU) The PCLU was created by Presidential proclamation to manage investigations and prosecute crimes that impact on State security.

28 Performance 08/09 Service 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 10 th 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

29 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.

30 Performance 08/09

31 Comparative analysis 04/05-08/09

32 Performance Targets 09/10

33 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.

34 Performance against targets 08/09

35 Comparative Analysis of performance 04/05- 08/09

36 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

37 Performance against targets 08/09

38 Comparative Analysis 04/05-08/09

39 Targets 09/10

AFU mid-year figures 40

41 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 42 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 chargesC5 and D1 prosecutors Employees suspended9 Employees precautionary transferred1 Pending external disputes38 Number of grievances63 Number of appeals12 Number of labour court/high court matters10

43 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 44

45 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.

46 Thank you