1. Project Name, presenter and project role and review date
1 1
PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT
12 October 2011
Adv. Menzi Simelane
National Director of Public Prosecutions
Project Name, presenter and project role and review date 11

2. 2 2 Scope of Presentation Performance Information Audit Findings
Budgeting
Challenges 22

3. NPA Budget vs. Exp as at 31/3/2011 per Sub-Programme
3 3
NPA Budget vs. Exp as at 31/3/2011 per Sub-Programme
2010/11
Adjusted Appropriation
Shifting of Funds
Virement
Final Appropriation
Actual Expenditure
Variance
% Spend
R'000 %
Public Prosecutions
1,972,671
979
(100,493)
1,873,157
1,861,392
11,765
99.4%
Witness Protection Programme
130,745
(2,768) -
127,977
100%
Asset Forfeiture Unit
106,589
50,367
156,956
Support Services
474,258
(48,578)
(75,236)
350,444
348,947
1,497
99.6%
Total
2,684,263
(175,729)
2,508,534
2,495,272
13,262
99.5% 33

4. 4 4
Establishment
Number of Posts
Number of Posts Filled
Number of
Vacant Posts
Overall Vacancy
Rate
Contracts
08/09
5920
4367
1553
26.2%
323
09/10
5164
4245
919
17.8%
398
10/11
5185
4314
871
16.8%
503
Sept 11
5176
4344
846
16.3%
472 44

5. 5 5 Establishment (cont) 126 prosecutors for the backlog courts
260 aspirants prosecutors
SOCA contracts
Rest are administrative staff (relief etc.)
Prosecutorial vacancy rate 11.89% 55

6. 6 6 Sub-Programme 1: Public Prosecutions
Public Prosecutions is responsible for achieving the following key measurable objectives:
Increase the number of cases finalised
Increase the number of cases finalised through ADRM
Increase the number of cases finalised by the SCCU
Maintain the high conviction rates in all courts
Increase the number of TCCs 66

7. Achievement of ENE Targets and Indicators
7 7
Achievement of ENE Targets and Indicators
Sub-Programme
Indicator
 Target
 Actual
Deviation
Notes
2010/11
Public
Prosecutions
Number of cases finalised including ADRM
482,491
460, 891
-4.5%
Public Service Strike in
second quarter
Number of cases finalised excluding ADRM
357,928
331,045
-7.5%
Number of complex commercial crime cases finalised
1 465
742
-49.4%
Re-focus on complex commercial cases that take longer to complete
Conviction rate:
High courts
87.0%
87.8%
0.8%
 Achieved
Regional courts
74.0%
73.4%
-0.6%
 Not achieved
District courts
90.7%
3.7%
Achieved
Sexual offences courts
66.0%
68.6%
2.6%
(Only dedicated courts)
Number of TCCs 25 27 8%
Target exceeded 7

8. Progress on TCC cases 2009/10 2010/11 Number of TCCs 20 27
Number of cases reported
13 756
20 496
Number of cases referred to court from TCCs
6 410
9 716
Conviction rate at courts attached to TCC’s
64.5%
63% 88

9. Overview of Performance
9 9
Overview of Performance
Reduction of 7.1% in the withdrawal rate of cases through the implementation of proper screening mechanisms. Total of cases withdrawn in 2010/11 compared to the during previous year.
High conviction rates were maintained
Focused approach followed on the implementation of the Child Justice Act and the diversion of children in conflict with the law. 1.8% increase in number of children diverted – from diverted during previous year to a total of during 2010/11.
5.1% reduction in the outstanding court roll at end of financial year ( compared to during 2009/10) 9

10. Overview of Performance
f o r m a l b a i l a p p l i c a t i o n s d e a l t w i t h
R e d u c t i o n i n t h e l e v e l s o f t r i o c r i m e s i s o n e o f t h e J C P S o b j e c t i v e s f o r / 1 1 a n d t h e N P A c o n t r i b u t e d t o t h e a c h i e v e m e n t o f t h i s o u t p u t b y o b t a i n i n g % c o n v i c t i o n r a t e .
c o m p r i s i n g o f c o u n t s ( g e t t h e a n n e x u r e t o g i v e t h e i n f o r m a t i o n )
Overview of Performance
Decision dockets dealt with in before enrolment which is 9.1% more than the dockets dealt with in the during previous year
A total of 604 section 105A plea and sentence agreements were successfully concluded. In 184 (36%) of the cases, the sentences imposed comprised of direct imprisonment. 10

11. Plea Agreements: Serious Offences
Custodial
Non-Custodial
% Imprisonment
Direct Imprisonment less than 5 years
Direct Imprisonment years
Direct Imprisonment years
Direct Imprisonment 15 years or longer
Robbery -
Aggravating 28 5
85% 3 20 2
Rape 21 4
84% 11 7
Murder 24 1
96% 8
Fraud 32
26% 9
Theft 13 50
21%
Sexual Offences (Other) 6 15
29%
1111

12. Additional Indicators
Additional Indicators
In addition to the ENE indicators and targets several other key indicators were determined and monitored.
The NPA has also defined key indicators which enables the reader to better understand how the reported figures are calculated. These are included in the annual report on page
1212

13. Additional Indicators
Additional Indicators
DIVISION
INDICATOR
MEASUREMENT
FORUM
ANNUAL TARGET
ACTUAL TOTAL
Deviation
from Target
PUBLIC PROSECU TIONS
Finalisation Rate
Number of cases finalised including ADRM
District Court
3 cases pc pd
2.3
-23.8%
Regional Court
0.7 cases pc pd
0.5
-21.8%
High Court
0.2 cases pc pd
0.11
-43.2%
ADRM
Number of cases diverted per month with children in conflict with the law
All Courts
16 173
16 462
1.9%
% Backlog Cases
Reduction in the number of cases older than indicated period
36 672
37 034
1.0%
90% not older 6months
88% no older than
6 months
-2.0%
75% not older 9months
68% not older than
9 months
-7.0%
75% not older 12months
68.8% not older than 12 months
-6.2%
Decision Dockets
Positive Clearance Ratio on Decision dockets received within a month
100%
98.50%
-1.5%
98.30%
-1.7%
87.00%
-13.0%
LEGAL SERVICES
Representations
% of Formal Representations dealt with
DPP Offices
85%
65.90%
-19.1%
ONDPP
100.00%
15.0%

14. 14 14 14 14 Backlog Figures Outstanding Cases Backlog Cases
Outstanding Cases
Backlog Cases
% Backlog Cases
2009/10
2010/11
District Courts
22 238
19 792
12.5%
12.0%
Regional Courts
50 708
52 756
16 054
16 875
31.7%
32.0%
High
Courts
1308
1175
271
367
20.7%
31.2%
Total
230477
218660
38563
37034
16.7%
16.9%
1414

15. Diversion of Children: Scheduled Offences
The crimes related to the cases that were subject to preliminary inquires comprised (52.2%) Schedule 1 offence’s, (33.2%) Schedule 2 offences and (14.5%) serious offences in term of Schedule 3.
The Schedules referred to are in respect of the Child Justice Act and not the Criminal Procedure Act.
FORUM
SCHEDULE 1
OFFENCES
SCHEDULE 2
SCHEDULE 3
DISTRICT COURT
7237
4505
1750
REGIONAL COURT 72
142
284
NATIONAL TOTAL
7309
4647
2034
1515

16. Performance Overview of Public Prosecutions
Performance Overview of Public Prosecutions
New Cases
Cases Removed
Total Finalised
Finalised Verdict
ADRM
2009/10
2010/11 16
1616

17. CASES REMOVED FROM THE ROLL
Performance Overview of Public Prosecutions
INPUT
OUTPUT: CASES DISPOSED
FORUM
NEW CASES
CASES FINALISED
CASES REMOVED FROM THE ROLL
ADRM
(incl. CJA)
VERDICT
CONVICTION RATE
WITHDRAWN/
WARRANTS/
TRANSFERS/
STRUCK OFF ROLL/
MENTAL OBSERVATIONS
HIGH
COURTS
1075
1087
87.8%
175
REGIONAL COURTS
83 619
1 887
37 310
73.4%
46 550
DISTRICT COURTS
90.7% 17

18. 18 18 18 18 Cases removed from the roll: FORUM 2009/10 % of National
2010/11
Progress
HIGH COURT
128
0.0%
175
36.7%
REGIONAL COURT
46 427
7.8%
46 550
8.7%
0.3%
DISTRICT COURT
92.2%
91.3%
-11.0%
ALL
100.0%
-10.1% 18

19. Cases removed from the roll: High Courts HIGH COURT BY REGION
DIVISION
2009/2010
2010/2011
Eastern Cape Division 11 13
Eastern Cape Division – Mthatha 18 42
Free State Division 1 4
Kwazulu-Natal Division 24 50
North Gauteng Division 3 5
North West Division 33 40
Northern Cape Division 2
South Gauteng Division 34 16
Western Cape Division
National Total
128
175
1919

20. Cases Removed from the Court roll: Regional Courts
DIVISION
2009/2010
2010/2011
Eastern Cape Division
3066
3238
ECD Mthatha
1376
1572
Free State Division
3185
3168
Kwazulu-Natal Division
7476
7193
Northern Cape Division
1641
1942
North Gauteng Division
13618
13589
North West Division
2617
2389
South Gauteng Division
8061
8040
Western Cape Division
5387
5419
National Total
46427
46550
2020

21. Cases Removed from the Court Roll: District Courts
DIVISION
2009/2010
2010/2011
Eastern Cape Division
58 187
53 219
ECD Mthatha
20 603
18 742
Free State Division
31 639
30 414
Kwazulu-Natal Division
94 150
73 093
Northern Cape Division
25 813
20 955
North Gauteng Division
95 536
North West Division
23 130
20 163
South Gauteng Division
45 401
45 793
Western Cape Division
National Total
2121

22. Cases Finalised: All Criminal Courts
 FORUM
2009/10
% of National
2010/11
Progress
HIGH COURT
1 235
0.3%
1 087
0.2%
-12.2%
REGIONAL COURT
40 962
8.7%
39 197
8.5%
-4.3%
DISTRICT COURT
91.0%
91.3%
-1.6%
ALL
100.0%
-1.8%

23. Finalisation of Cases: District Courts
T h e D i s t r i c t C o u r t s f i n a l i s e d c a s e s c o m p r i s i n g v e r d i c t c a s e s ( % ) a n d
A D R M c a s e s ( % ) . T h i s r e p r e s e n t s a f i n a l i s a t i o n r a t e o f c a s e s p e r c o u r t p e r d a y . C o m p a r e d t o t h e p r e v i o u s f i n a n c i a l y e a r t h e D i s t r i c t C o u r t s h a v e f i n a l i s e d m o r e c a s e s ( % i m p r o v e m e n t )
W h a t k i n d o f c a s e s a r e d i v e r t e d f o r a d u l t s
Finalisation of Cases: District Courts
Sec 57A - AG
Guilty
Not Guilty
Informal
Mediation
Diversion
Adult
Children
42 207
27 300
81 834
29 980
16 145 23

24. Finalisation of Cases: Regional Courts
W h a t c r i m e s f o r t h e d i v e r s i o n o f a d u l t s
S c h e d u l e s f o r c h i l d r e n
Finalisation of Cases: Regional Courts
Sec 57A - AG
Guilty
Not Guilty
Informal
Mediation
Diversion
Adult
Children
152
27 219
9 939
1 474 96
317 24

25. Finalisation of Cases: High Courts
Finalisation of Cases: High Courts
Guilty & Sentenced
Not Guilty
Minimum Sentences Confirmed
Minimum Sentences
Acquitted
931
119 23 14 25

26.
Performance Overview of Specialised Commercial Crime Unit (SCCU)
Measurable Objectives
Increase the number of cases finalised by the specialised commercial crime unit by 2%
Highlights of Achievement
10 Dedicated courts finalised 742 cases compared to 1026 finalised in 2009/10
92.5% conviction rate was achieved compared to 93.6% finalised in 2009/10
23 Plea agreements concluded during 2010/11 26
2626

27.
Performance Overview of Sexual Offences and Community Affairs (SOCA)
Increased the number of TCCs from 20 to 27 against a target of 5
349 prosecutors trained on Child Justice Act
178 prosecutors trained on sexual offences legislation
102 prosecutors trained on domestic violence
79 prosecutors trained on human trafficking 27
2727

28. Sub-programme 2: OWP Performance against ENE Targets
Sub-programme 2: OWP Performance against ENE Targets
Sub-Programme
Indicator
Target
Actual
Deviation 
Notes
2010/11
Witness Protection
Number of witnesses harmed
or threatened
0.0%
Percentage of walk-offs
32.0%
5.0%
27%
The amended definitions as previously reported contributed to this factor. The definition has been amended and submitted for approval
2828

29. OWP: Service Delivery Achievements
Number of witnesses increased from 300 to 468
Number of related persons increased from 500 to 906
180 witnesses discharged, 5 died, 52 signed off and 10 walked off the programme during the year
The number of grievances by witnesses reduced from 10% to 3%
The average duration on the programme was reduced from 24 months to 18
2929

30. Sub-programme 3:AFU Performance Overview
Sub-programme 3:AFU Performance Overview
Sub-Programme
Indicator
Target
Actual
Deviation 
Comment
2010/11
Asset Forfeiture
Number of new
completed forfeiture cases
300
320
6.7%
Highest ever achieved
Number of new freezing orders
310
333
7.4%
Highest ever achieved
Value of new freezing orders (Rm)
R450m
R549.2m
22%
2nd highest ever achieved
Success rate
90%
95.7%
5.7%
3030

31. 31 31 31 31 Sub-programme 3:AFU Performance Overview 3131
H i g h l i g h t s o f A c h i e v e m e n t
I n t e r m s o f i t s q u a n t i t a t i v e o u t p u t s , t h e A F U p r o b a b l y h a d t h e b e s t y e a r o f i t s e x i s t e n c e a n d m a n a g e d t o a c h i e v e e x c e l l e n t p e r f o r m a n c e i n t h e / 1 0 f i n a n c i a l y e a r , d e s p i t e t h e f a c t t h a t t h e r e w a s c o n s i d e r a b l e u n c e r t a i n t y i n t h e N P A .
N u m b e r o f c a s e s
n e w r e s t r a i n t s w e r e o b t a i n e d ( i n / 0 9 ) , 1 3 % a b o v e t a r g e t a n d t h e h i g h e s t e v e r a c h i e v e d .
c o n f i s c a t i o n o r f o r f e i t u r e o r d e r s w e r e o b t a i n e d ( i n / 0 9 ) , % b e l o w t a r g e t b u t t h e s e c o n d h i g h e s t e v e r a c h i e v e d .
o r d e r s i n t o t a l w e r e o b t a i n e d ( i n / 0 9 ) , 1 1 % a b o v e t a r g e t a n d t h e h i g h e s t e v e r a c h i e v e d .
V a l u e o f c a s e s
T h e v a l u e o f n e w r e s t r a i n t s w a s R m i l l i o n ( R m i l l i o n i n / 0 9 ) , 3 6 % a b o v e t h e t a r g e t a n d t h e s e c o n d h i g h e s t e v e r a c h i e v e d .
T h e v a l u e o f c o n f i s c a t i o n o r f o r f e i t u r e o r d e r s w a s R m i l l i o n ( R m i l l i o n i n / 0 9 ) , 2 3 % a b o v e t a r g e t a n d t h e s e c o n d h i g h e s t e v e r a c h i e v e d .
T h e v a l u e o f d e p o s i t s i n t o t h e C r i m i n a l A s s e t s R e c o v e r y A c c o u n t ( C A R A ) w a s R m i l l i o n ( R m i l l i o n i n / 0 9 ) , 4 8 % a b o v e t a r g e t a n d t h e s e c o n d h i g h e s t e v e r a c h i e v e d .
T h e v a l u e o f o r d e r s i n f a v o u r o f t h e v i c t i m s o f c r i m e s w a s R m i l l i o n ( R m i l l i o n i n / 0 9 ) . T h i s i s 5 0 % a b o v e t a r g e t a n d t h e s e c o n d h i g h e s t e v e r a c h i e v e d .
I n t e r m s o f i t s q u a l i t a t i v e o u t p u t s , t h e A F U a l s o h a d a v e r y g o o d y e a r , a n d m a i n t a i n e d a v e r y h i g h o v e r a l l s u c c e s s r a t e o f o v e r 9 2 % . H o w e v e r , t h e l o w j u d g m e n t s u c c e s s r a t e r e m a i n s a s e r i o u s c o n c e r n .
Sub-programme 3:AFU Performance Overview
Indicator
Target
Actual
Deviation 
Comments
2010/11
Value of assets forfeited (Rm)
R 175m
R 211.6m
+22%
2nd highest ever achieved
Money paid to CARA (Rm)
R 45m
R 50.4m
+12%
3rd highest ever achieved – but less than previous 2 years
Payments to victims (Rm)
R 15.8m
-65%
Poor performance but few victim cases during year
JCPS output 5 Cases Corruption restraints >R5m 5 16
+220%
New indicator
Success rate in judgments
65%
69.2%
+4.2%
Reversed decline in previous 2 years when it was less than 60% 31
3131

32. Use of Chapter 6 – non-conviction based forfeiture
Use of Chapter 6 – non-conviction based forfeiture
Comparing total use (1999 to March 2011) with current use (2010/11)
Number of orders
Freezing: = 69% of cases (now 82%)
Forfeiture: = 64% of cases (now 72%)
Value of orders
Freezing: R852m = 19% of cases (now 28%)
Forfeiture: R501m = 37% of cases (now 56%)
Using chapter 6 more in big cases due to delays in criminal matters
3232

33. Sub-programme 4: Support Services for NPA
Sub-programme 4: Support Services for NPA
Training Programme
Number of beneficiaries
Project Management Programme 37
Secretarial Training Programme
102
Self Defence Programme (SHIDO).
Asset Management and Disposal Training Programme 19
Customer Management 8
Office Management
Professional Development Programme
100
Public Administration Learnership Programme 80
Performance Management 95
Mentoring Programme 35
3333

34. Human Resource Development
Human Resource Development
ITEM DESCRIPTION
2008/09
2009/10
2010/11
Interns 33 30 20
Bursaries
312
194
158
3434

35. Grievances & Other Disciplinary Action
Grievances & Other Disciplinary Action
2009/10
2010/11
Number of disciplinary hearings conducted for the period 72 48
Pending disciplinary hearings 23
Levels (main) of employees charges
C5 , D1 and D2 prosecutors
C5, D1 and D2 prosecutors and SMS members
Employees suspended 21 8
Employees precautionary transferred
External disputes
105 30
Pending external disputes 28 18
Number of grievances
175
257
Number of grievances pending 69 36
Number of appeals 12 15
Number of appeals pending 6 2
Number of labour court/high court matters 26
Number of labour court/high court matters pending 20
3535

36. 36 36 36 36 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, employee benefits)
2010/11-unqualified audit opinion
3636

37. Preliminary Expenditure Outcome as at the end of September 2011
The expenditure on CoE is 51% due to the late implementation of OSD Phase II. R30m paid in current financial year.
No addition funding was allocated to the NPA for the higher than anticipated Cost of Living Adjustment. 
A request was submitted to NT to virement R 30m from Goods and Services to CoE.
3737

38. Preliminary Expenditure Outcome as at the end of September 2011
The high spending on Interest and Rent on Land is due to insufficient budget allocation for the capital interest split i.r.o Finance leases.  A request to virement R10m to this item was submitted to NT as part of the AENE.
3838

39.
2012 MTEF Submission
Unfunded MTEF Options submitted to NT 
2012/13
2013/14
2014/15
Total
R'000
AFU –Curator fees and increase in
Capacity
39,000
44,000
50,000
133,000
Roll out of TCC and institutionlisation of Donor funded positions
23,591
25,271
26,504
75,366
SOCA – Training on the latest Sexual Offences Act, Child Justice, Human Trafficking, Domestic Violence and Maintenance
4,500
3,500
4,000
12,000
Job Creations – Aspirant Prosecutor programme
44,658
47,113
49,704
141,475
111,749
119,884
130,208
361,841
3939

40. 2012 MTEF – Budget Reprioritisation
2012 MTEF – Budget Reprioritisation
Sub-programme 1 : Public Prosecution
R allocated to Entertainment was reprioritised to Training and Staff Development.
R26m allocated to Consultants and Professional Services was ring fenced within the Office of the NDPP and funds are only utilised if prior approval was obtained from the NDPP.
DPP offices are facing severe budget constraints and no area for reprioritisation was identified.
4040

41. Sub-programme 2 : Office for Witness Protection
Sub-programme 2 : Office for Witness Protection R allocated to Entertainment was reprioritised to Training and Staff Development. The operation increase in respect of witness protection fees (incl. Rate and Taxes relating to witness houses) exceeds the baseline increase and reprioritisation had to be done within the sub-programme in order to fund this projected over spend. No further areas for reprioritisation were identified.
Sub-programme 2 : Office for Witness Protection
R allocated to Entertainment was reprioritised to Training and Staff Development.
The operation increase in respect of witness protection fees (incl. Rate and Taxes relating to witness houses) exceeds the baseline increase and reprioritisation had to be done within the sub-programme in order to fund this projected over spend. No further areas for reprioritisation were identified.
4141

42. Sub-programme 2 : Office for Witness Protection
Sub-programme 2 : Office for Witness Protection R 3m originally allocated to computer services for the procurement of secure networking was funded by Support Services and this allocation was reprioritised to Operating expenditure within the unit.
Sub-programme 2 : Office for Witness Protection
R 3m originally allocated to computer services for the procurement of secure networking was funded by Support Services and this allocation was reprioritised to Operating expenditure within the unit.
4242

43. Sub-programme 3 : Asset Forfeiture Unit
Sub-programme 3 : Asset Forfeiture Unit R allocated to Entertainment was reprioritised to Training and Staff Development. The operational increase within this unit exceeds the 5% baseline increase. Reprioritisation was done within the unit to ensure that sufficient funds are available to fund the essential operational costs.
Sub-programme 3 : Asset Forfeiture Unit
R allocated to Entertainment was reprioritised to Training and Staff Development.
The operational increase within this unit exceeds the 5% baseline increase. Reprioritisation was done within the unit to ensure that sufficient funds are available to fund the essential operational costs.
4343

44. Sub-programme 4 : Support Services
Sub-programme 4 : Support Services R allocated to Entertainment was reprioritised to Training and Staff Development. R12,1m allocated to Consultants and Professional Services was ring fenced within the Office of the CEO and funds are only utilised if prior approval was obtained from the CEO. This arrangement was implemented to ensure that all related expenditure is properly managed.
Sub-programme 4 : Support Services
R allocated to Entertainment was reprioritised to Training and Staff Development.
R12,1m allocated to Consultants and Professional Services was ring fenced within the Office of the CEO and funds are only utilised if prior approval was obtained from the CEO. This arrangement was implemented to ensure that all related expenditure is properly managed.
4444

45. Sub-programme 4 : Support Services
Sub-programme 4 : Support Services R14m was reallocated from the baseline of the IMSC to fund subscriptions, loose leafs, intranet and CD ROMS previously paid by the DoJ&CD. It is anticipated that a settlement amount of R94m will be paid re Imperial Car Rental. Various cost saving measures will be implemented that might result in certain services being suspended.
Sub-programme 4 : Support Services
R14m was reallocated from the baseline of the IMSC to fund subscriptions, loose leafs, intranet and CD ROMS previously paid by the DoJ&CD.
It is anticipated that a settlement amount of R94m will be paid re Imperial Car Rental. Various cost saving measures will be implemented that might result in certain services being suspended.
4545

46.
Sub-programme 4 : Support Services NPA has taken a principal decision to procure a new voice services which will include Voice conferencing. This will constitute an estimated saving of R3m per annum which will be reprioritise to other areas within the NPA.
Sub-programme 4 : Support Services
NPA has taken a principal decision to procure a new voice services which will include Voice conferencing. This will constitute an estimated saving of R3m per annum which will be reprioritise to other areas within the NPA.
4646

47. 47 47 47 47 Challenges Vacancy rate within the prosecutorial component
Case flow related problems and absence of key role players
Ineffective court utilization
Shortage of critical resources
Lack of alignment in objectives and targets across the criminal justice value chain 47

48.
Thank you
4848 48