NPS Report to Portfolio Committee – May 2007 Presented by: Deputy National Director of Public Prosecutions Adv. MJ Mpshe SC

Report comprises:  Part 1: Delivery  Part 2: Customer Management  Part 3: Resourcing  Part 4: Challenges  Part 5: Resolutions

Part 1: Delivery  Objective: Effective and Efficient Prosecution of Cases  Deliverable: Deliver as Speedily as possible

Court and Case Flow Management  The NPA has fully embraced court and case flow management (CFM) practices and principles;  A formal training program for Lower Court prosecutors has been developed to ensure that CFM is practiced uniformly and consistently throughout South Africa;  The need to improve the preparation of court work by prosecutors has been identified - a general project is being launched to embrace these efforts with the prime goal of increasing the finalization rate of cases.

Overview of Performance of all Courts

PERFORMANCE INDICATORS: Lower Courts: Court Hours

PERFORMANCE INDICATORS: High Courts: Court Hours

PERFORMANCE INDICATORS: Lower Courts: New Cases

PERFORMANCE INDICATORS: High Courts: New Cases

PERFORMANCE INDICATORS: Lower Courts: Cases Removed

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: High Courts: Cases Removed

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: Lower Courts: Finalisation Rate

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: District Courts: Finalisation Rate

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: Regional Courts: Finalisation Rate

PERFORMANCE INDICATORS: Lower Courts: PERFORMANCE INDICATORS: Lower Courts: Plea Bargaining

PERFORMANCE INDICATORS: Lower Courts: PERFORMANCE INDICATORS: Lower Courts: Finalisation Rate Alternative Dispute Resolution (ADR):  Diversion  Admission of Guilt

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: ADR: Diversions

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: ADR: Admissions of Guilt (AG):

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: High Courts: Finalisation Rate

BOP No. of Cases % of Cases First District Court Appearance: % First District Court Appearance: % First District Court Appearance: % TOTAL47 (of 54) CIS First District Court Appearance: % First District Court Appearance: % First District Court Appearance: % TOTAL45 (of 48) CPD First District Court Appearance: % First District Court Appearance: % First District Court Appearance: % TOTAL40 (of 62) PERFORMANCE INDICATORS: High Courts: Trial Disposal Rate 2006

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: High Courts: Minimum Sentences

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: Finalization Rate (FR): Factors impacting FR negatively  Non-uniform application of CFM guidelines  Vacancies  Warrants  Court days  More accused, more counts per case  Increase in Economic Crime

Factors impacting FR negatively: Factors impacting FR negatively: Impact of CFM:  No proper roll planning – too few cases scheduled per day;  Non- adherence to court hours;  Low productivity on Fridays;  Multiple postponements granted on request of legal representative

Factors impacting FR negatively: Factors impacting FR negatively: Reasons for Postponements

Factors impacting FR negatively: Factors impacting FR negatively: Alternative measures:  Plea Bargaining and Diversion processes depend on proper negotiations with all parties concerned;  Impact on effective utilization of court hours;  Court hours reflect only actual time spent in court.

: Vacancies Factors impacting FR negatively: Vacancies

: Factors impacting FR negatively: Warrants: Ave of issued p/m

Factors impacting FR negatively: Court Days:

Factors impacting FR negatively: Factors impacting FR negatively: More Accused, more counts per case:

Factors impacting FR negatively: Factors impacting FR negatively: Increased Economic Crime

PERFORMANCE INDICATORS: Lower Courts: PERFORMANCE INDICATORS: Lower Courts: Case Cycle Times

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: High Courts: Case Cycle Times

PERFORMANCE INDICATORS: Lower Courts: PERFORMANCE INDICATORS: Lower Courts: Conviction Rate

PERFORMANCE INDICATORS: High Courts: PERFORMANCE INDICATORS: High Courts: Conviction Rate

PERFORMANCE INDICATORS: Lower Courts: PERFORMANCE INDICATORS: Lower Courts: Outstanding Roll

PERFORMANCE INDICATORS: District Courts: PERFORMANCE INDICATORS: District Courts: Outstanding Roll

PERFORMANCE INDICATORS: Regional Courts: PERFORMANCE INDICATORS: Regional Courts: Outstanding Roll

PERFORMANCE INDICATORS: High Courts: PERFORMANCE INDICATORS: High Courts: Outstanding Roll

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: High Courts: Appeal Backlogs

PERFORMANCE INDICATORS: Regional Courts: PERFORMANCE INDICATORS: Regional Courts: Backlog Project Objective:  To reduce court backlogs by 20% in District, Regional and High courts with effect from 16 August 2006 till the end of the financial year; and to reduce the appeal backlog by 40%.  To ensure the numbers of new matters coming into court are balanced by matters concluded.  To ensure greater court efficiency and effectiveness, including alternative methods of dealing with demand, across the greater Integrated Justice System value chain.

PERFORMANCE INDICATORS: Regional Courts: PERFORMANCE INDICATORS: Regional Courts: Backlog Project Initial focus placed on 5 (five) Regional courts identified as backlog hotspot sites and interventions started there on 1 November 2006:  Pietermaritzburg Regional Courts in KZN (76% Backlog cases);  Port Elizabeth Regional Courts in Eastern Cape (61% Backlog cases);  Pretoria Regional Courts in Gauteng (58% Backlog cases);  Bellville Cluster in Western Cape (Regional Courts of both Bellville (39%) and Kuilsriver (53%) to be dealt with at Kuilsriver);  Protea Regional Courts in Gauteng (60% Backlog cases) – However in view of accommodation constraints this site dealt with the backlogs through only Saturday courts.

PERFORMANCE INDICATORS: Regional Courts: PERFORMANCE INDICATORS: Regional Courts: Backlog Project CASES FINALISED CONVICTION RATE WITHDRAWN TOTAL DISPOSED AVE CRT HOURS PMB 3 CRTS3978%155403h22 PE 3 CRTS4576%368104h03 PTA 2 CRTS3483%316503h16 PTA N 1 CRTS1683%52103h21 BELLVILLE 2 CRTS BLUE DOWNS 5078% h05 PROTEA SAT CRTS 7971%18005h24 TOTAL26378% h05

DEDICATED COURTS: DEDICATED COURTS: Dedicated Sexual Offences Courts  60 Regional Courts on average per month dedicated to sexual offences;  5240 cases finalised with a 65% conviction rate during 06/07;  5474 cases were finalised with a 66% conviction rate during 05/06.  Results obtained from the audit conducted on all outstanding cases in the Regional and High Courts during 2006 have shown that 21.7% of all charges comprised sexual offences which constituted a slight reduction from the 24% during the 2005 audit.

DEDICATED COURTS: DEDICATED COURTS: Case Cycle Times

Part 1: Delivery continued  Objective: Contribute to Crime Prevention and Community Justice  Deliverable: Explore the Role of NPS in Crime Prevention and Community Justice

Community Justice Community Courts:  State President announced in 2004 at least two Community Courts per province will be established  Defined as: “Courts that utilise an integrated approach to combating crime, improving access to justice and promoting community participation.”  11 Courts with negotiations for further 13 Community Courts Total cases finalized Total new cases received Conviction rateWith verdictADR 2006/ % / %

Community Justice Community Prosecutions Objectives  Develop NPA concept of Community Prosecution  Test if community justice is a viable option and to understand the impact of process on organization.  Adopt a problem solving approach to dealing with crime and become pro-active in resolving conflict by utilizing alternative and varied law enforcement mechanisms.  Clearly define functions + profile of Community Prosecutor.  Involve community, law enforcement agencies and other partners and stakeholders in crime prevention strategies Achievements :  Nine pilot sites, one per province  Guidelines were drafted and signed off  Ongoing monitoring and evaluation  Four of the five training workshops took place

Crime Prevention Organised Crime Initiative  Joint initiative between the NPS, AFU and SAP  68 more posts to be created for the appointment of dedicated prosecutors  Memorandum of Understanding between SAPS and NPA being drafted. Specialist Tax Units  Created during 2003  24 posts exist nationally in the STU’s  2004/2005 cases finalised and prosecutions led to the conviction of 301 accused persons/entities.  2005/2006 cases finalised and prosecutions led to 382 convictions (a 27% increase)

PROJECT CLEAN-UP As at end of February 2007: DATE No of Staff worke d TOTAL HOURS AVE HOURS pp PREPARATION SCREENING INQUEST ARCHIVE S DECISION DOC CONSULTATIO N witnesses DPP Reports Admin Work 11/11/ :5806: /11/ :3006: /11/ :3206: /12/ :2405: /12/ :5806: /12/ :0005: /12/ :0007: /01/ :1206: /01/ :4506: /01/ :5006: PROJECT TOTAL :0906: TOTAL AVERAGE PER SAT

Part 2: Customer Management  Objective: Manage Cases Effectively And Efficiently  Deliverable: Implement Batho Pele and Build Understanding of NPS Processes and Role

Customer Management  Court Preparation Programme:  assist victims of crimes and in particular abused children  presently 68 Court Preparation Officials  work study determined another 72 needed  Witness Care Centre (Thlokomelo Ya Dipaki):  Pilot project at Hatfield Community Court in partnership with the Tshwane University of Technology  Holistic approach ensures that witnesses:  are kept informed of developments in cases  are informed of reasons for decisions made  are assisted in having concerns, fears and needs identified and addressed

Customer Management  Restorative Justice:  Use of Restorative Justice in the South African context;  Establish best practices; and  Extend the use of diversions.  Regional work sessions commenced in March 2007  Awaiting Trial Detainees Project: Objectives  Reduce the number of Awaiting Trial Detainees;  Develop criteria to filter criminals according to severity of crime;  Effective management of children awaiting trial; and  Participate at provincial level in A T D structures.

RegionTotal number High Court Cases Regional Court Cases District Court Cases Circuit Court Cases KZN Gauteng Limpopo, Mpumalanga North West Northern Cape Free State Western Cape Eastern Cape TOTAL Customer Management Customer Management ATD’s Longer than 2 years:

Customer Management Customer Management Children in custody: RegionTotal number High Court Cases Regional Court Cases District Court Cases Circuit Court Cases KZN Gauteng Limpopo Mpumalanga North West Northern Cape Free State Western Cape Eastern Cape TOTAL

Various factors contribute to the length of the period detainees are in correctional service centres. Cases get remanded for the following reasons:  Accused have applied for bail and their cases have been remanded for the formal hearing of the applications;  Defence lawyers withdraw or their contracts get terminated by the accused;  Newly-appointed lawyers want the records of part-heard cases typed;  An accused - or one of the accused in a multiple-accused matter - is sick, or is not brought to court from the correctional centre;  One accused in a multiple-accused matter escapes or disappears;  The investigation phase takes a long time, especially if DNA analysis is involved;  The defence lawyer for an accused is simply not at court. Customer Management Customer Management Awaiting Trial Detainees Project:

Part 3: Resourcing  Objective: Develop and Enhance NPS Governance, Delivery and Resourcing capability  Deliverable: Working towards becoming an Employer of Choice

Vacancies, Recruitment and Expansion Posts District Court Prosecutors: C 4 C District Court Control:8 Regional Court Prosecutors: D 1 D Regional Court Prosecutor: Organised Crime6 Regional Court Control:1 Maintenance Prosecutors10 Relief Prosecutor1 Court Preparation Officials:3638 Supervisor: Court Preparation Officials12 Senior Public Prosecutors: Organised Crime102 Senior Public Prosecutors: General95 Aspirant Prosecutor Programme: Tutors5 Aspirant Prosecutors50 Senior State Advocates: Organised Crime1727 Senior State Advocates: Specialist Tax Units27 State Advocate: Organised Crime17 State Advocate: Specialist Tax Unit9 Deputy Director of Public Prosecutions6 Administrative Support72

Part 4: Challenges  High level of crime: especially violent crime (all categories) and gender based violence.  Strategic and Operational alignment with priorities of partners + key stakeholders (both internal as well as external).  Delays caused by partners, stakeholders and service providers.  Lack of sufficient Legal Aid practitioners.  Lack of skills and experience amongst stakeholders and partners (e.g. investigation).  Delays caused by minimum sentences process.

Part 4: Challenges, continued  Accused absent in court (bail/warnings).  Lack of confidence in the CJS resulting in complainants and witnesses not coming to court.  Number of young offenders in custody and/or awaiting trial.  The development of new crime types poses challenge for the NPS to respond timely e.g. trafficking in persons, cyber crime etc.  The NPS being able to deal with the increased demand for services brought about by  Restructuring of key partners and stakeholders that impact on the NPS.

Part 5: Resolutions:  Develop, mentor and enhance skills of all NPA members without favour to create equal opportunities and exposure for all staff.  Vigorously implement the NPS Annual Plan and the Regional Plans of the divisions in line with the NPA strategy  Fulfil core function: Prosecuting and leading by example.  Racism should not be tolerated, and take allegations of racism seriously.  Promote non-racialism in the NPA and ensure all employment practices in accordance with the Constitution and labour and equality legislation of South Africa.  Unifying services offered by NPA to provide recipients of NPA services with consistency and quality and ensure good governance in the organization.

Part 5: Resolutions continued:  Find innovative solutions with our communities and partners, to make an impact in the war against crime;  Marshal our people and resources to ensure that we combat crime, efficiently and effectively;  Ensure our efforts reduce incidents of crime remains our first priority; and  Ensure continued development of our skills knowledge to empower ourselves to deal effectively with the prosecution of crime - particularly organised crime.  Commit ourselves to enhance our leadership capabilities;  Participate in the self assessment and peer assessment program of the NPA;  Identify the gaps in our own leadership abilities;  Commit ourselves to grow as leaders and maintain the confidence and trust of our staff.

Questions ?