1. NATIONAL PROSECUTING AUTHORITY PERFORMANCE FOR APRIL – JUNE 2017
6 September 2017

2. Quarter 1 2017/18 - performance overview Performance per sub-programme
CONTENTS
Quarter /18 - performance overview
Performance per sub-programme
Honorable Members of the Committee

3. INTRODUCTION
The NPA provides a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions. Removes the profit from crime. Protects certain witnesses.
Sub-programmes of the NPA:
National Prosecutions Service (NPS)
Asset Forfeiture Unit (AFU)
Office for Witness Protection (OWP)
Support Services

4. NPA Performance from April - June 2017
The NPA reports on 24 indicators in the 2017/18 financial year
During Q1 the NPA reported on 22 targets, of which 15 (68%) were achieved and 7 (32%) were not achieved
Two indicators (NPS - No of operational TCCs) & AFU (Value of recoveries for government officials convicted of corruption etc.) were not reported on during Q1
Two indicators not reported on are 1. operational no. of TCCs – no target for Q1, it is an annual target but no growth projected due to budgetary constraints
2. No target for AFU on value of recoveries for government officials convicted of corruption etc. – the Regional Heads are sourcing applicable cases

5. Performance Per Sub-Programme from April - June 2017
The NPS reported on 12 targets, of which 9 (75%) were achieved and 3 (25%) were not achieved
The AFU reported on 8 targets, of which 4 (50%) were achieved and 4 (50%) were not achieved
The OWP reported on 2 targets and both were achieved

6. Indicators not achieved from April – June 2017
Conviction rate in trio crimes
Conviction rate in violent protests and industrial actions prosecuted
Number of government officials convicted for corruption or offences related to corruption
Value of freezing orders
Value of freezing orders obtained relating to corruption where the amount involved is more than R5 million
Value of recoveries in terms of POCA
Value of recoveries relating to corruption where the amount involved is more than R5 million
Prevention of Organised Crime Act

7. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 1: Increased Successful Prosecution
Status of performance per sub-programme
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
1.1
Conviction rate in high courts
87%
(897)
(224)
91%
(213) 5%
1.2
Conviction rate in regional
courts
74%
(25 528)
(6 382)
81%
(6 526) 9%
1.3
Conviction rate in district
88%
( )
(62 075)
96%
(71 272)
1.4
Conviction rate in complex commercial crime
93%
(928)
(232)
94%
(201) 1%
1.5
Conviction rate in organised crime
90%
(269)
(63)
(80) 4%
1.6
Conviction rate in sexual offences
69%
(4 723)
(1 176)
73%
(1 292) 6%
Bottom number is for lack

8. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 1: Increased Successful Prosecution
Status of performance per sub-programme
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
1.7
Conviction rate in trio crimes
85%
(1 552)
(385)
80%
(419)
(6%)
Reason for deviation: Reduced inflow of cases coupled with incomplete investigation and collection of evidence at the scene of the crime as well as the absence of corroboratory evidence with regards to the identity of the offender.
Notwithstanding the failure to achieve the target, the regions made a positive impact on the three categories included in trio crimes category. The total of 419 case convictions relates to 495 counts comprising of 258 house robbery counts, 129 business robbery counts and 108 vehicle robbery/hi-jacking counts. Further analysis indicated that the highest conviction rate of 82.4% were achieved in house robbery counts whilst the lowest conviction rate of 78.3% was achieved in Vehicle robbery/hi-jacking counts.
Corrective action: The NPA continues to make contributions towards the improvement of case flow management at PEEC and NEEC. Regular engagement and the allocation of dedicated personnel to oversee the progress of these cases are some initiatives bearing fruit. The prosecutors are encouraged to continue focusing on close prosecution guided investigations to avoid the delays when SAPS is investigating these matters. Prosecutors are also embarking on training of SAPS investigators. This is an on-going process, with positive benefits being expected.
Bottom number is for lack

9. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 1: Increased Successful Prosecution
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
1.8
Conviction rate in violent
protests and industrial action
prosecuted
74%
(46)
(6)
57%
(13)
(23%)
Reason for deviation: Reduced inflow of cases coupled with incomplete investigation and the inherent challenges within these intricate cases such as reluctance of witnesses to testify, identification of perpetrators and discrepancies between the evidence of state witnesses resulted in a low conviction rate.
Corrective action: Some regions assigned dedicated prosecutors to deal with cases of violent protest and industrial action and they are assisted by advocates from the DPP office that monitor and provide guidance. Training is provided to the police units attending to riots and marches as well as to investigating officers in the detective branch of SAPS.
1.9
Number of persons convicted
of corruption or offences
related to corruption where
the amount involved is more
than R5 million 33 8 0%

10. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 1: Increased Successful Prosecution
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
1.10
Number of government officials convicted for corruption or offences related to corruption
210 53 49
(8%)
Reason for deviation: Reduced inflow of cases coupled with a reduction in court utilisation. Several partly heard matters could not be finalised and resulted in the target not being attained, albeit marginally (only one official less than the set target of 50).
Corrective action: Continuous engagement with all stakeholders are conducted on regular basis. The NPA is participating and monitoring progress in the ACTT meetings.
1.11
Conviction rate in cybercrime prosecution
74%
(256)
(60)
98%
(82)
32%
1.12
Conviction rate at TCC reported cases
68%
(1 511)
(377)
77%
(570)
13%

11. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 2: Ensure that profit is removed from crime
Sub-programme 2: Asset Forfeiture Unit
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
2.1
Percentage of completed
forfeiture cases
96%
(336/349)
(84)
153%
(129)
59%
2.2
Value of completed forfeiture cases
R600m
R120m
R120.1m
0.1%
2.3
Percentage of freezing orders
100%
(261)
(65)
120%
(78)
20%
2.4
Value of freezing orders
R1.2bn
R167.9m
(72%)
Reason for deviation: The delay in the finalisation of criminal investigations of complex high value cases at ACTT, as well as the budget cuts, have severely impacted on prioritised investigations.
Corrective action: Measures to speed up the finalisation and setting down of pending forfeiture application papers were implemented. Priority will be given to activities to source new high value matters. The AFU will continue to consistently engage with its stakeholders to ensure timely referral of the relevant cases.

12. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 2: Ensure profit is removed from crime
Sub-programme 2: Asset Forfeiture Unit
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
2.5
Value of freezing orders obtained relating to corruption where the amount involved is more than R5 million
R800m
R448m R0
(100%)
Reason for deviation: Matters were not ripe to be set down to obtain freezing
Corrective action: The AFU will continue to engage with its stakeholders at ACTT to ensure that certain identified high value cases, which are currently under investigation in terms of both chapters 5 and 6 of POCA, are prioritised for finalisation. Special attention will be given to joint planning with the DPCI, SIU, SCCU and NPS to ensure that investigations are finalised and to ensure that the drafting of charge sheets are expedited.
2.6
Value of recoveries in terms of Prevention of Organised Crime Act (POCA)
R300m
R60m
R26.8m
(58%)
Reason for deviation: Limited number of high value cases where recoveries could be made and more low value cases completed
Corrective action: Enforcement in all cases will be prioritised.
2.7
Success rate of litigated cases
93%
(312)
(78)
99%
(129) 6%

13. PROGRAMME PERFORMANCE
1. INTRODUCTION
Strategic Objective 2: Ensure profit is removed from crime
Sub-programme 2: Asset Forfeiture Unit
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
2.8
Value of recoveries relating to corruption where the amount involved is more than R5 million (proceeds of crime and government losses)
R100m
R20m
R2.8m
(86%)
Reason for deviation: No applicable cases were received.
Corrective action: The Regional Heads are engaging with stakeholders to ensure that matters are referred and that investigations are completed.

14. PROGRAMME PERFORMANCE Programme performance indicators
1. INTRODUCTION
Strategic Objective 3: Ensure vulnerable and intimidated witnesses and related persons are successfully protected
Sub-programme 3: Office for Witness Protection (OWP)
Programme performance indicators
Target
Actual
Deviation from planned target
Status
2017/18
Quarter 1
3.1
Number of witnesses and related persons harmed, threatened or killed while on the witness protection programme 0%
3.2
Percentage of witnesses and related persons that walked off the witness protection programme
1.5%
0.2%
(1/486)
87%

15. Q1 Budget Status
6 September 2017

16. NPA Overall Budget vs Expenditure as at 30th of June 2017 per Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
Compensation of Employees
786,429,544
3,111,219,000
2,324,789,456
25.28%
Payments for Financial Assets
12,756
-12,756
0.00%
Goods and Services
148,405,749
512,509,000
364,103,251
28.96%
Households
2,783,897
8,017,000
5,233,103
34.72%
Machinery and Equipment
9,803,043
43,573,000
33,769,957
22.50%
Departmental Agencies & Accounts
8,993,000
Buildings & Other Fix Structures
Grand Total
947,434,989
3,684,311,000
2,736,876,011
25.72%

17. NPA Overall Budget vs Expenditure as at 30th of June 2017 per Sub-Programme
Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
National Prosecutions Service
(NPS)
737,750,162
2,897,010,000
2,159,259,838
25.47%
Asset Forfeiture Unit (AFU)
32,077,738
131,909,000
99,831,262
24.32%
Office for Witness Protection
(OWP)
52,642,623
175,683,000
123,040,377
29.96%
Support Services (SS)
124,964,466
479,709,000
354,744,534
26.05%
Grand Total
947,434,989
3,684,311,000
2,736,876,011
25.72%

18. Budget vs Expenditure – Economic Classification per Sub-programme

19. Sub-programme 1: NPS as at 30th of June 2017 per EC
Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
Compensation of Employees
689,650,145
2,719,896,000
2,030,245,855
25.36%
Payments for Financial Assets
6,442
-6,442
0.00%
Goods and Services
44,936,382
165,202,000
120,265,618
27.20%
Households
2,549,683
4,372,000
1,822,317
58.32%
Machinery and Equipment
607,510
7,540,000
6,932,490
8.06%
Departmental Agencies & Accounts
Buildings & Other Fix Structures
Grand Total
737,750,162
2,897,010,000
2,159,259,838
25.47%

20. Sub-programme 2: AFU as at 30th of June 2017 per EC
Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
Compensation of Employees
28,172,055
113,257,000
85,084,945
24.87%
Payments for Financial Assets
2,967
-2,967
0.00%
Goods and Services
3,654,801
18,170,000
14,515,199
20.11%
Households
229,914
281,000
51,086
81.82%
Machinery and Equipment
18,001
201,000
182,999
8.96%
Departmental Agencies & Accounts
Buildings & Other Fix Structures
Grand Total
32,077,738
131,909,000
99,831,262
24.32%

21. Sub-programme 3: OWP as at 30th of June 2017 per EC
Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
Compensation of Employees
23,311,391
86,806,000
63,494,609
26.85%
Payments for Financial Assets
3,347
-3,347
0.00%
Goods and Services
29,294,972
86,813,000
57,518,028
33.74%
Households
114,000
Machinery and Equipment
32,913
1,950,000
1,917,087
1.69%
Departmental Agencies & Accounts
Buildings & Other Fix Structures
Grand Total
52,642,623
175,683,000
123,040,377
29.96%

22. Sub-programme 4: SS as at 30th of June 2017 per EC
Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
Compensation of Employees
45,295,953
191,260,000
145,964,047
23.68%
Payments for Financial Assets
0.00%
Goods and Services
70,519,594
242,324,000
171,804,406
29.10%
Households
4,300
3,250,000
3,245,700
0.13%
Machinery and Equipment
9,144,619
33,882,000
24,737,381
26.99%
Departmental Agencies & Accounts
8,993,000
Buildings & Other Fix Structures
Grand Total
124,964,466
479,709,000
354,744,534
26.05%

23. NPA Overall Budget vs Expenditure as at 31st of July 2017 per Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
Compensation of Employees
1,044,941,840
3,111,219,000
2,066,277,160
33.59%
Payments for Financial Assets
15,676
-15,676
0.00%
Goods and Services
194,487,587
512,509,000
318,021,413
37.95%
Households
3,012,609
8,017,000
5,004,391
37.58%
Machinery and Equipment
10,179,276
43,573,000
33,393,724
23.36%
Departmental Agencies & Accounts
23,536
8,993,000
8,969,464
0.26%
Buildings & Other Fix Structures
1,557,099
-1,557,099
Grand Total
1,254,217,623
3,684,311,000
2,430,093,377
34.04%

24. NPA Overall Budget vs Expenditure as at 31st of July 2017 per Sub-Programme
Economic Classification
Total
Expenditure
ENE Budget
Allocation
Budget
Available %
Spent
National Prosecutions Service
(NPS)
971,693,779
2,897,010,000
1,925,316,221
33.54%
Asset Forfeiture Unit (AFU)
41,677,972
131,909,000
90,231,028
31.60%
Office for Witness Protection
(OWP)
65,884,287
175,683,000
109,798,713
37.50%
Support Services (SS)
174,961,585
479,709,000
304,747,415
36.47%
Grand Total
1,254,217,623
3,684,311,000
2,430,093,377
34.04%

25. Cost pressures, unfunded priorities and Challenges

26. Cost Pressures
Immediate requirement of R71,1 million on warm bodies within the NPA for the 2017/18 financial year. NT approved R57m virement to CoE. Forced savings will be effected in the following areas:
R 15m – Machinery and Equipment
R 15m – Travel and Subsistence
R 12m – Property payments
R 10m – Consumables
R 5m - Communications

27. Unfunded Priorities
Critical vacancies R63 million
R 27,2 million for 156 Aspirants for 12 months
R 35,8 million for DPP Offices in Polokwane and Mpumalanga
NPA Critical posts identified
239 (Excl Mpumalanga and Polokwane) posts with total cost of R 134,988 million (R435 million over MTEF)
Funding of Presidential Appointments vacancies (4 Special Directors and 2 DPP’s) of R 10,4 million (R33,6 million over MTEF)

28. Unfunded Priorities (Cont.)
PROGRAMMES 4: NATIONAL PROSECUTING AUTHORITY
2017/18
2018/19
2019/20
Total
Shortfall on Warm bodies
71,181
200,705
223,588
495,474
Aspirants Prosecutor (156 for next 3 years)
27,239
29,227
31,361
87,827
Absorption of Aspirants
38,568
41,383
79,951
DPP Polokwane and Mpumalanga
35,815
38,429
41,235
115,479
Sub Total
134,235
306,930
337,568
778,733
Other Critical posts in NPA
134,988
144,842
155,416
435,246
Presidential Appointments
10,433
11,195
12,012
33,639
145,421
156,037
167,427
468,885
279,656
462,967
504,995
1,247,618

29. Challenges on Compensation
Total moratorium on filling of posts since 2015/ 2016 and related impact on staff morale and segregation of functions. NPA has lost 157 officials during 2016/17 and 55 in current financial year.
Growth in requirement of services
The sustainability of the NPA prosecutorial services due to the suspension of the Aspirant Prosecutor Training Programme
No tool for employer initiating early retirement packages

30. Impact of reduced CoE Non-filling of vacancies will results in:
Increase in backlog cases
Absenteeism due to increased pressure of existing staff
Increased cost on EWP services
Limited availability of prosecutors and negative impact on court performance
Threats to witnesses due to reduction of protection services

31. NPA Change in Personnel numbers
PROGRAMMES 4: NATIONAL PROSECUTING AUTHORITY
Apr-17
May-17
Jun-17
Jul-17
CoE Actual expenditure (R’000)
R 265,428
R 262,134
R 258,868
R 258,512
Head count
4,828
4,803
4,799
4,786
Average compensation per head (Rand thousand) 55 54
Number of posts additional to the establishment
147
134
115
113
Change in Personnel Numbers
-13
-25 -4
Average attrition rate of 60% relates to Prosecutors, 20% to Advocates and 20% to Management and Administration

32. Projected overspending on Compensation of Employees (CoE)
2017/18 – 2019/20

33. Projected overspend on Compensation (CoE) – 2017/18
Scenario - No Resignations (Staff establishment unchanged)
Economic Classification
Original budget (2.34% increase)
Projected expenditure (Incl. COLA)
Performance Bonuses (80%)
Projected Total Expenditure
Variance
2017/18
Compensation of Employees
3,145,071
37,329
3,182,400
-71,181

34. Projected overspend on Compensation (CoE)
Scenario is based on the following assumptions
No resignations – Staff establishment remains unchanged.
7.3% increase iro COLA
80% performance bonuses
This will result in an anticipated overspent of R71,1,8m (2017/18); R 200,7m (2018/19) and R223,6m (2019/20)

35. Aspirant Prosecutor Training Programme
Aspirants Prosecutors appointed on contract LP-1 level and absorbed into LP-3 level
Aspirants
12 months
R’000
6 months
R pm
27 238
13 619
Absorption of Aspirants into LP3 posts after training
Cost Year 2
Cost Year 3 R
38 569
41 383

36. Continued Interventions to curb expenditure
Non filling of vacant positions - this will not sustain the NPA
Aspirant prosecutor programme on hold – sustainability of the NPA
Subsistence and Transport
Only NDPP VIP catering approved.
Optimal use of Fleet Vehicles vs shuttle use
All long term contracts will be reviewed yearly
New contracts – will reduce bouquet of services
Review of IT services and contracts

37. Thank you