PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 13 October 2010 Adv. Menzi Simelane National Director of Public Prosecutions 11

Scope of Presentation  Introduction and Background  Key achievements  Audit findings and plan  Challenges 22

Introduction and Background  The NPA is mandated to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental thereto.  The NPA is programme 4 within the DoJ&CD budget vote and the Director-General is the Accounting Officer.  Certain functions have been delegated to the CEO and other officials in the NPA. 33

Introduction and Background cont.  Aim of the NPA: The NPA provides a coordinated prosecuting service that protects certain witnesses and removes the profit from crime.  The NPA had a particularly excellent year in terms of its performance with substantial improvements in most areas. 44

Introduction and Background Cont. The NPA has four sub-programmes:  Public Prosecutions provides for general prosecutions and several specialist prosecution units  Witness Protection Programme provides for protection, support & related services to witnesses.  Asset Forfeiture Unit seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process.  Support Services provides corporate services support 55

NPA Budget vs. Exp as at 31/3/2010 Per Sub-Programme /10 Adjusted Appropriation Shifting of Funds Virement Final Appropriation Actual Expenditure Variance% Spend R'000 % Public Prosecutions 1,581, ,083 1,536,803 1,526,854 9, % Witness Protection Programme 127,611 6, , , % Directorate Of Special Operations 143, , , % Asset Forfeiture Unit 73,475 5, , % Support Services 459, , , , ,535 3, % Total 2,385,473 - (143,611) 2,241,862 2,228,715 13, %

Establishment Number of Posts (Including contract posts) Number of Posts Filled including contract appointments Number of Vacant Posts Vacancy Rate 08/ % 09/ % 77

88 Public Prosecutions: NPS  The NPS is responsible for achieving the following key measurable objectives:  Increase the number of cases finalised by 2 %  Increase the number of cases finalised (including diversion) by 2 %  Maintain the high conviction rates in all courts

Achievement of NPS on ENE Targets and Indicators 9

Highlights of Achievement  The NPA showed a marked improvement in service delivery targets in most areas in the past year  The finalisation rate improved by 12.5%  Increased cases finalised by means of ADRM by 31.1%  The cases withdrawn was decreased by 15.6%  An increase in conviction rates was also recorded 10

Additional Indicators  The NPS in addition to the ENE indicators and targets monitors several other key indicators.  The NPA has also defined it key indicators which enables the reader to better understand how the reported figures are calculated. These are included in the annual report on page

Service Delivery Achievements : Indicator2007/082008/092009/10Progress Total cases finalised incl ADRM 388,344431,601469, % Admission of Guilt(S57A) 30,115 38,015 46, % Informal mediation 15,393 38,03268, % Cases finalised with verdict and through diversion 343,126355,554401, % Diversions 46,470 43,72950, % Cases finalised excl diversions 296,656311,825350, % Cases finalised (Sat & Add crts) 3,5034,4974, % New cases1,037,5381,058,2981,044, % Decision dockets received - lower crts 452,997488,780554, % Withdrawals305,893286,837242, % Backlog cases (cases older than 12 m in HC, older than 9 m in RC, 6 m in DC) 39,73642,49538, % Conviction rate85.9%86.3%88.6% +2.7% 1212

Performance Overview of Public Prosecutions Cases Removed New Cases Total Finalised Finalised Verdict ADRM

INPUTOUTPUT: CASES DISPOSED FORUM NEW CASES CASES REMOVED FROM THE ROLL CASES FINALISED WITHDRAWN/ WARRANTS/ TRANSFERS/ STRUCK OFF ROLL/MENTALS ADRMVERDICT CONVICTION RATE HIGH COURTS % REGIONAL COURTS % DISTRICT COURTS % 14 Performance Overview of Public Prosecutions

Finalisation of Cases: District Courts 15 Sec 57A - AGGuiltyNot Guilty Informal Mediation Diversion Adult Diversion Children

Finalisation of Cases: Regional Courts 16 Sec 57A - AGGuiltyNot Guilty Informal Mediation Diversion Adult Diversion Children

Finalisation of Cases: High Courts 17 Guilty & SentencedNot Guilty Minimum Sentences Confirmed Minimum Sentences Remitted

Priority Crimes Litigation Unit (PCLU)  PCLU primarily provides prosecution support to investigators in focus areas  The Missing Persons Task Team is managed by the PCLU and the following was achieved: Robben Island Prisoners Project Tracing of remains of persons executed between – Post Chalmers cases (Pebco 3 and COSAS 2); Langa six, Zinto Cele) 18

Performance Overview of Specialised Commercial Crime Unit (SCCU) Measurable Objectives Increase the number of cases finalised by the specialised commercial crime unit by 2% Maintain the high conviction rate

Highlights of Achievement: SCCU  new cases (including decision dockets) were received and were disposed (58%)  Conviction rate of 93.66% was achieved on those enrolled  246 cases were withdrawn compared to 356 in the previous year by the dedicated courts (30% reduction)  186 cases were referred to the AFU with an estimated value of R250m 2020

21 Service Delivery Achievements: SCCU Indicator 2008/092009/10Progress Number of courts99+0.0% Convictions1,4081, % Conviction Rate93.70%93.66%-0.04% Cases enrolled for trial1,9191, % Cases disposed of3,5292, % 2121

22 Service Delivery Achievements: Sexual Offences and Community Affairs (SOCA) Indicator 2008/092009/10 Progress Number of dedicated courts % Conviction rate: Dedicated Courts 66.7%67.7%+1.5% Number of Thuthuzela Care Centres % Conviction rate: TCC’s 61.2%64.5%+5.3% 2222

 A training manual on Child Justice was developed and 349 prosecutors trained  Policy Directives on Child Justice were prepared  Training provided to 239 prosecutors on sexual offences  Domestic Violence Statistics tool developed  Baseline study report on the level of awareness on human trafficking was conducted  Hosted Human Trafficking Awareness week Highlights of Achievement: SOCA

Sub-programme 2: OWP Performance against ENE Targets 2424 Sub-ProgrammeIndicator TargetActual Deviation Notes 2009/10 Witness Protection Number of witnesses harmed or threatened 000.0% Percentage of walk-offs14.0%29.0%107.1% The amended definitions as previously reported contributed to this factor. The definition has been amended and submitted for approval

25 OWP: Service Delivery Achievements Indicator 2008/092009/10Progress Witnesses % Total including families % Witnesses harmed000% Walking off program (%)19.2%28.0%+45.8% Formal grievances laid (%)2.4%0%+0.0% 2525

Measurable Objective Increase the value of freezing orders to R360m Number of cases  New restraints 13% above target  Orders 11% above target Sub-programme 3: Asset Forfeiture Unit (AFU)

AFU Highlights of Achievement: Value  Value of new restraints 36% above target  Value of confiscation orders: 23% above target and second highest ever  Value of deposits into CARA: 48% above target and 2nd highest ever  Value of orders in favour of victims of crime: 50% above target and 2nd highest ever 2727

28 AFU: Service Delivery Achievements Indicator2008/092009/10 Progress New restraint orders (no.) % Value of new restraints (R'000) R 320,254R 491, % Completed forfeiture cases (no.) % Value of assets forfeited (R'000) R 271,588R 185, % Money paid to CARA R 65,933R % Success rate (overall) 86.5%92.4%+6.8% Success rate in judgments 63.2%57.7%-8.7% 2828

29 Challenges  Vacancy rate within the prosecutorial component  Case flow related problems and absence of key role players  Lack of promotion of the use of other languages  Prosecutorial and investigative capacities in the NPA and SAPS

Sub-programme 4: Support Services for NPA Measurable Objective  Sub-programme aims to ensure effective leadership, management & administrative support to NPA through continuous refinement of organisational strategy & structure in compliance with appropriate legislation & best practice 3030

Highlights of Achievement  Quarterly performance reviews conducted  Top risk register developed  Strategic projects managed  Integrity reviews on state housing, management of sick leave, vetting, implementation of performance mgt, policy mgt and gift policy mgt.  58 of the 82 cases of misconduct received were investigated by the IMU 3131

Highlights of Achievement  Quarterly performance reviews conducted  Top risk register developed  Strategic projects managed  Integrity reviews on state housing, management of sick leave, vetting, implementation of performance mgt, policy mgt and gift policy mgt.  58 of the 82 cases of misconduct received were investigated by the IMU 3232

Highlights of Achievement cont  National road-shows per plan  Public education and awareness on: human trafficking, Domestic Violence and Sexual Offences.  Public exhibitions: Grahamstown Art festival, Royal Show, Pretoria Show and Macufe.  OHS system rolled out at HO and 6 regions 3333

Highlights of achievement cont  No staff harmed after implementing protection services  SISP completed and approved  EDRMS rolled out to four more regions  Network availability maintained at 92% uptime  Number of research projects undertaken  Increase in use of library services 3434

Human Resource Development  Conducted a comprehensive skills needs identification process  Successfully rolled-out delivery of training programmes, with a marked improvement compared to the previous year.  Prosecution training conducted by Justice College 3535

Human Resource Development Highlights 3636 ProgrammeNumber of beneficiaries PROFESSIONAL DEVELOPMENT PROGRAMME (including MDP, EDP & PDP) 210 SECRETARIAL TRAINING102 PUBLIC ADMINISTRATION LEARNERSHIP54 PERFORMANCE MANAGEMENT95

Human Resource Development Highlights 3737 ProgrammeNumber of beneficiaries PROFESSIONAL DEVELOPMENT PROGRAMME (including MDP, EDP & PDP) 210 SECRETARIAL TRAINING102 PUBLIC ADMINISTRATION LEARNERSHIP54 PERFORMANCE MANAGEMENT95

Human Resource Development Highlights Cont. ITEM DESCRIPTION2008/092009/10 Interns3330 Bursaries (decline in the no of applications) 3838

Human Resource Management and Development cont.  Employment Equity workshops conducted and EE Forums and the national forum set up  594 employees assisted with counseling services  64 employees dealing with sexual offences cases participated in trauma management group sessions  Labour relations:  3% decrease in formal disciplinary matter  49% increase in external disputes  30% increase in grievances  20% increase in use of ADR  91% success rate in external disputes 3939

Grievances & Other Disciplinary Action (update) 2009/102008/09 Number of disciplinary hearings conducted for the period Pending disciplinary hearings Levels (main) of employees charges C5 and D1 and D2 prosecutors C5, D1 and D2 prosecutors Employees suspended Employees precautionary transferred 03 External disputes Pending external disputes (24) finalised Number of grievances Number of grievances pending Number of appeals 12 Number of appeals pending 6 4 Number of labour court/high court matters Number of labour court/high court matters pending

Financial Management  Asset Ware system introduced and all acquisitions since 2008 are accounted for by invoice, asset description, location, custodian, and bar code.  99,4% of voted funds spent  96% of S&T claims and advances are paid within a 4 day turnaround time 4141

Audit Findings  2007/08 – disclaimer  2008/09 – qualified audit opinion (Tangible assets; intangible assets; employee benefits; prepayments and advances; finance leases; cash and cash equivalents; irregular expenditure)  2009/10 – qualified audit opinion (Tangible assets; irregular expenditure; prepayments and advances; fruitless and wasteful expenditure) 4242

2009/10 Audit Outcome – Tangible Assets  Opening balances not supported by a complete, updated asset register  No supporting documents for adjustments amounting to R128 million made to movable tangible assets – R1 valuation  Asset transfer process to SAPS incomplete 4343

2009/10 Audit Outcome – Employee Benefits  Completeness and leave entitlement amounting to R67 million and capped leave commitment of R105 million 4444

2009/10 Audit Outcome – Irregular Expenditure  Irregular expenditure understated with an estimated R108 million (extrapolation)  Uncertainty regarding nature of noted cases amounting to R17 million  Implementation of cost-of-living adjustments for prosecutors – R82 million 4545

2009/10 Audit Outcome – Prepayments and Advances  2005/06 sale-and-leaseback transaction  Not surrendered R19, 2 million to National Treasury  Forensic report completed after submission of financial statements 4646

2009/10 Audit Outcome – Fruitless and Wasteful Expenditure  Qualitative finding  Slow progress with investigations into fruitless and wasteful expenditure  Little movement amounts disclosed (R2, 8 million and R1, 2 million) 4747

Audit Action Plan  Verification of the records conducted to address transfer of ex-DSO assets to SAPS  Leave audit being conducted to redress gaps  Audit firm appointed to address to investigate noted, irregular & F&W cases  Detailed process flow to be developed to facilitate compliance with payments within 30 days 4848

Audit Action Plan  Non-submission of the declaration of interests referred to Labour Relations for disciplinary process  96 Managers trained on performance management. Planning cycle to reviewed effective December

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Challenges  In addition to the above, the physically infrastructure constrains, particularly at the lower courts, in terms of factors such as accommodation, working conditions and other resources, continue to pose challenges. 5454

Thank you