NDPP’S ANNUAL REPORT 2015/16 PRESENTATION TO THE

NDPP’S ANNUAL REPORT 2015/16 PRESENTATION TO THE
PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES 12 OCTOBER 2016

Constitutional Mandate
The NPA derives its mandate from section 179 of the Constitution The National Director of Public Prosecutions (National Director) is head of the NPA Directors of Public Prosecutions (DPPs) are NPA heads at various seats of the high courts, responsible for ensuring compliance with constitutional obligations The National Director must determine prosecution policy (with concurrence of the Minister responsible for the administration of justice) after consultation with the DPPs Further, the National Director must issue policy directives which must be observed in the prosecution process

Legislative Mandates National Prosecuting Authority Act (NPA Act)
Criminal Procedure Act, 1977 Prevention of Organised Crime Act, 1998 Implementation of the Rome Statute of the International Criminal Court Act, 2002 Witness Protection Act Prevention and Combating of Corrupt Activities Act Criminal Law (Sexual Offences and Related Matters) Child Justice Act Prevention and Combating of Trafficking in Persons Act

Policy Mandate The NPA contributes to the achievement of the following sub-outcome of the Medium Term Strategic Framework (MTSF): Outcome 1: Reduced level of contact crime Outcome 2: An efficient and effective criminal justice system Outcome 4: Secure cyber space Outcome 5: Ensure domestic stability Outcome 7: Corruption in the public and the private sectors reduced

Organisational Structure
National Director of Public Prosecutions Adv Shaun K Abrahams Deputy NDPP: NPS Adv N Jiba Adv T Majokweni (Acting) Directors of Public Prosecutions (DPPs) x 10 Special Directors of Public Prosecutions (SDPPs) x 5 Deputy NDPP: AFU Adv N Mokhatla Deputy NDPP: LAD Mr W Hofmeyr Deputy NDPP: Administration & OWP Dr S Ramaite

(Special) Directors of Public Prosecutions
Adv S Mzinyathi (NG) Adv A Chauke (SG) Adv R de Kock (WC) Adv M Noko (KZN) Adv I Thenga (LIM) Adv B Madolo (Mthatha) Adv L Mahlati (EC) Adv JJ Smit (NW) Adv X Khanyile (FS) Adv A Botha (NC): Acting Special Directors of Public Prosecutions Adv M Govender (SCCU): Acting Adv P Smith (SOCA): Acting Dr T Pretorius (PCLU): Acting Mr M Molelle (AFU): Acting Mr D Adam (OWP)

Strategic objectives The NPA has four strategic objectives
Increased successful prosecution Improved prosecution of matters that require specialised prosecution Ensure that profit is removed from crime Ensure threatened witnesses and related persons are successfully protected

NPA Sub-Programmes National Prosecutions Service (NPS) - general and specialised prosecutions, including: The Sexual Offences and Community Affairs Unit (SOCA) Specialised Commercial Crime Unit (SCCU) The Priority Crimes Litigation Unit (PCLU) Asset Forfeiture Unit (AFU); seizes assets that are the proceeds of crime Office for Witness Protection (OWP) provides for temporary protection, support and related services to vulnerable and intimidated witnesses and related persons in judicial proceedings Support Services – provides administrative support

Operational Environment
NPA performance depends largely on stakeholders, especially the police and the judiciary Successful prosecution depends on investigations and evidence presented by the police Speedy finalisation of cases depends on the leadership of the courts, which vests with the judiciary NPA participates in structures to improve court performance, i.e. Case Flow Forums National and Provincial Efficiency Enhancement Committees Decline in court hours and few cases put on the roll hampers performance

Operational Environment (cont.)
Minister of Justice and Correctional Services has tasked the NDPP to coordinate a study on the implementation of the Victims Charter since its inception (2007 To further enhance efficiency in the CJS a number of protocols have been entered into between the NPA and stakeholders, namely: The Electronic Monitoring Protocol The Mental Observation Protocol The State Patients Protocol The Audio Visual Remand (AVR) Protocol

Strategic Objective 1: Increased successful prosecution
Total cases finalised (including high courts) is Verdict: (65%); ADRM: (35%) The reason for this decline is the inefficient use of courts, coupled with a focused approach on quality prosecutions especially on cases suitable to be resolved through ADRM A positive ratio between verdict and ADRM cases was maintained, as the majority of cases were finalised with a verdict Sub-Programme 1: National Prosecutions Service Performance against targets Objective Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/1618 Number of criminal court cases finalised including ADRM in the lower courts

Progress On Criminal Court Hours
Court utilisation declined during this reporting period which impedes all attempts to ensure speedy justice More court days (3.5%) were utilised; the efficient use of these increased days is not reflected in the actual court hours used for criminal cases The average court hours were reduced by 7% from an average of 3h31 during 2014/15 to 3h16 during 2015/16 A total of :49 hours were lost compared to the previous reporting period

Cases Finalised With Verdict
The lower courts finalised verdict cases with a conviction rate of 93% ( convictions) The decline correlates with a similar decline of 17% in the influx of new cases and a 13% reduction in court hours Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of criminal court cases finalised with verdict in the lower courts FORUM 2014/15 % of National 2015/16 Progress HIGH COURT 978 0,3% 1 012 3,5% REGIONAL COURT 33 430 10,5% 31 832 10,2% -4,8% DISTRICT COURT 89,2% 89,4% -2,4% ALL 100,0% -2,6%

Progress on cases enrolled
The lower courts finalised verdict cases with a conviction rate of 93% ( convictions) The decline correlates with a similar decline of 17% in the influx of new cases and a 13% reduction in court hours The decline of 44 088 new cases enrolled must be seen in the context of a greater focus on screening, to ensure, as far as possible, that only trial ready cases are enrolled Due to an enhanced focus on the screening process it was ensured as far as possible to only enrol trial ready cases 80 068 more dockets were received for decision (from 780 912 during 2014/15 to 860 980 during 2015/16) FORUM 2014/15 % of National 2015/16 Progress HIGH COURT 874 0,1% 832 -4,8%% REGIONAL COURT 61 540 6,8% 56 475 6,5% -8,2% DISTRICT COURT 93,1% 93,4% -4,6% ALL 100% -4,9%

Progress on cases withdrawn
In order to curb the notion that prosecutors are selective with cases dealt with, the number of withdrawals is also measured to ensure quality prosecutions and a just outcome in all cases The comparison in the table above indicates a positive reduction of 17.7% in the number of cases withdrawn in all courts due to the improved screening process FORUM 2014/15 % of National 2015/16 Progress HIGH COURT 68 0,1% 54 -20,6% REGIONAL COURT 14 374 11,0% 12 228 11,4% -14,9% DISTRICT COURT 88,9% 95 119 88,6% -18,1% ALL 100,0% -17,7%

Number of criminal court cases finalised through ADRM
The NPA finalised 166 952 cases, which represents 14 764 (9.7%) more cases finalised through ADRM than the target of 152 188 set for 2015/16 ADRM matters per forum: cases were diverted after enrolment 5 528 cases were diverted before enrolment in terms of the Child Justice Act (CJA) cases were successfully mediated on an informal basis Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of criminal court cases finalised in the lower courts through ADRM

Diversions in terms of the Child Justice Act
A total of children were diverted comprising of: 5 528 children diverted in term of CJA and 2 593 children diverted after they were referred for trial in a criminal court Number of Section 41 diversions was reduced by 9.9% from during 2014/15 to in 2015/16 The number of preliminary enquiry diversions increased with 2% from 3 866 during the previous year to 3 945 during 2015/16 Schedule 3 diversions were increased from 142 last year to 197 in the reporting period

Newly Received Appeals
Conviction Rate: High Courts The high courts registered a 4% increase from the previous year and maintained a high conviction rate of 90% Criminal appeals dealt with Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in High Courts 91% (890) 87% (888) 90% (910) Financial Year Newly Received Appeals Finalised Appeals Unsuccessful % Unsuccessful 2011/2012 1 328 1 922 645 33,6% 2012/2013 2 249 2 418 791 32,7% 2013/2014 2 762 2 422 878 36,3% 2014/2015 2 651 2 423 899 37,1% 2015/2016 3 065 2 520 944 37,5%

Conviction Rate: Lower Courts
The regional courts achieved a conviction rate of 78% District courts achieved a 95% conviction rate Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in Regional Courts 76.6% (25 591) 74% (26 396) 78% (24 958) Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in District Courts 94.2% ( ) 88% ( ) 95% ( )

Conviction Rate: Organised Crime
Focus was centralised around various areas such as illegal precious metal including copper, rhino related offences, drug dealings, illicit mining and tax matters Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in organised crime 92.2% (474) 90% (403) 89% (359)

Conviction Rate: Sexual Offences
All courts achieved a conviction rate of 70% by finalising sexual offences crime cases with convictions A multi-disciplinary approach followed by newly established provincial structures with stakeholders from the DoJ&CD, LASA, SAPS, DOH and NPA have contributed to the improvements on sexual offence cases Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in sexual offences 69% (5 084) 68% (5 614) 70% (4 978)

Thuthuzela Care Centres
The number of matters reported at TCCs increased by 2 384, to The average conviction rate for TCC-reported cases improved to 71.8% from 68.4% in the previous year 6 854 cases reported at TCCs were referred to the court for prosecution The percentage of cases reported cases decreased from 47% in 2014/15 to 43% in 2015/16 A substantial increase in non-arrest dockets led to non achievement of target Objective Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of operational TCCs 44 55

Conviction Rate: Trio Crimes
Pursuant to the reduction in the levels of trio crimes as one of the MTSF priorities for 2015/16, the NPA increased focus on the prosecution of these matters as part of an integrated approach between all role players A total of cases were finalised with a conviction rate of 82.2% (1 391 convictions) against a target of 85% The primary challenge in not achieving the target is the ineffective SAPS investigations and collection of evidence, as well as the difference between the SAPS crime categories and the NPA crime categories Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in trio crimes 82% (1 453) 85% (1 630) (1 391)

Conviction Rates: Violent Protests
Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in violent protest and industrial action 72.7% (8) 74% 68% (73) Particular focus was placed on dealing with this crime, as it poses a serious challenge to domestic instability if not actively combated Although the target was not reached during the period, the conviction during the last five months of the year rose to 78% (32 convictions out of 41 trials conducted)

Conviction Rates: Environmental Crimes
The conviction rate increased from 94.7% to 95.2% Environmental crime cases finalised with a verdict increased from the previous year from 265 to 375 cases 191 convictions for copper theft were achieved at a very high conviction rate of 95.5% during the year Illicit Mining The NPA is represented on the National Co-ordinating Strategic Management Task Team to exclusively focus on lllicit mining to deal with a coordinated manner and report to government The NPA use this this forum to liaise wit other stakeholders pertaining to challenged experienced during prosecutions Two racketeering prosecutions were authorised by the NDPP Both cases are on trial in the High Court in the Free State

Case Backlogs The high courts managed a reduction of 12% but an increase is noted in both lower court forums During 2015/16 there were : 27 approved regional backlog courts 25 district backlog courts FORUM 2014/15 % of National 2015/16 Progress HIGH COURT 216 0,8% 190 0,7% -12,0% REGIONAL COURT 14 106 52,5% 14 485 48,9% 2,7% DISTRICT COURT 12 572 46,7% 14 924 50,4% 18,7% ALL 26 894 100,0% 29 599 10,1%

Victim Empowerment And Assistance
Victim Impact Statements A total number of victim impact statements were completed exceeding the target by 43.3%, an improvement from previous year of finalising more victim impact statements Number of witnesses assisted by CPOs The success of the Ke Bona Lesedi Court Preparation Programme started to yield results through the commitment of dedicated court preparation officers; the target of was exceeded by 7.1% as more witnesses were assisted A total of 17 Training interventions were conducted with 240 attendees

Strategic Objective 2: Improved prosecution of cases that require specialised prosecution
The methodology of prosecutor-guided investigations enabled the NPA to maintain a high conviction rate of 94% (951) against a target of 93% in all courts Sub-Programme 2: National Specialised Prosecution Service Performance against targets Objective Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in complex commercial crime 94.3% (1 069) 93% (928) 94% (951)

Number of persons convicted of corruption / offences related to corruption where amount benefited per case is more than R5m In partnership with the ACTT, the SCCU exceeded the target of 20 by 5 more convictions The cumulative achievement of this performance is 47 persons convicted since the beginning of MTSF 2014–19 Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of persons convicted of corruption or offences related to corruption where the amount benefited per case is more than R5m 23 (23) 20 25

Number of government officials convicted of corruption
A special focus was placed on the prosecution of corruption to improve investor perception and trust to invest in South Africa The number of convictions during the current year increased by 58.5%, from 130 the previous year to 206 officials in the current year, exceeding the target of 91 Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of government officials convicted of corruption or offences related to corruption 130 91 206

Conviction rate in cybercrime prosecution
The lower courts excelled by finalising 255 cases with 244 convictions whilst ensuring quality prosecutions by maintaining a remarkable conviction rate of 96% The target was not only exceeded by 21.7% but a marginal improvement of 0.6% is noted compared to the 95.1% conviction rate achieved during the previous year Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in cybercrime prosecution 95.1% (232) 74% (159) 96% (244)

Conviction rate in Priority Crime Litigation Unit (PCLU)
A conviction rate of 60% was achieved on cases prosecuted The Missing Persons Task Team (MPTT), a separate project within PCLU, continued with research and investigations into the identifications, tracing, exhumations of mortal remains of persons who disappeared The MPTT closed 30 cases in line with its annual target Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Conviction rate in Priority Crime Litigation Unit (PCLU) 67% (2/3) 80% (4) 60% (3/5)

Sub-Programme 3: Asset Forfeiture Unit Performance against targets
Strategic Objective 3: Ensure profit is removed from crime Number of completed forfeiture cases The AFU completed 389 forfeiture cases Performance decreased due the high number of protracted cases that were postponed to the new financial year for finalisation Value of completed forfeiture cases The NPA obtained forfeiture and confiscation orders to the value of R349.5 million The continued focus on high value cases, improved prioritization of investigations and prosecutions of cases at ACTT, DPCI and NPS, as well as an increased focus in the use of non-conviction (Chapter 6 of POCA) based forfeiture, contributed to this excellent performance Sub-Programme 3: Asset Forfeiture Unit Performance against targets Objective Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of completed forfeiture cases 463 420 389

Ensure profit is removed from crime
Number of freezing orders The AFU obtained 326 freezing orders, exceeding the target of 321 by 2% This is as a result of improved coordination and close cooperation with partners and stakeholders in the joint prioritisation of cases including the resolution of factors that inhibit performance Value of freezing orders Freezing orders to the value of R778.9m were obtained, 22% below the target of R1bn Compared to the previous year the performance declined by 72%. The non-achievement of the target was due to fewer cases of high value which were court ready Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of freezing orders 342 321 326

Freezing Orders Relating To Corruption
Freezing orders of R238.6 million were obtained, 70% below the target of R800 million The decline in performance was also due to one case of very high value being finalised in the previous financial year Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Value of freezing orders relating to corruption or offences relating to corruption where the amount benefitted per case is more than R5 million R2 235 million (R3.701 billion) R800 million (R2.966 R238.6 million

Value of recoveries in terms of POCA
Recoveries to the value of R440.4m were obtained, significantly exceeding the target of R150m Success rate of ligation Target achieved by increased focus on quality assurance, and use of non-conviction based forfeiture 2011/12 2012/13 2013/14 2014/15 2015/16 Cumulative Payments to Victims R93.8m R28.6m R84.4m R1 658m R390.2m R2 326m Payments into CARA R37.3m R34.8m R98.5m R58.2m R50.2m R381.1m Value of Recoveries ito POCA (Victims + CARA) R131.1m R63.4m R182.9m R m R440.4m R2 707.1m Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Success rate 95.1% (442/465) 93% (367) 96% (393/411)

Value of Recoveries Value of recoveries in relation to corruption where the amount benefited is more than R5 million Success mainly as a result of strategies focusing on high value cases with the ACTT Value of recoveries from government officials convicted of corruption and other related offences Excellent performance due to several big recoveries of more than R each in cases finalised Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Value of recoveries in relation to corruption where the amount benefited is more than R5m R1 553m R40m (R70m) R154.8m (R1 707.8m) Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Value of recoveries for government officials convicted of corruption and related offences (proceeds of crime and government) R11.1 million R (R ) R1.3 million (R12.4 million)

Strategic Objective 4: Ensure threatened witnesses are successfully protected
Performance Indicator Actual Achievement 2014/15 Planned Target 2015/16 Actual Achievement 2015/16 Number of witnesses harmed, threatened or killed whilst on the witness protection programme % of witnesses and related persons that walked off the witness protection programme 1.2% (4) 1.5% 0.6% (4/662) OWP achieved its key performance indicator of no witnesses or related persons harmed, threatened or killed, for 15 years in a row 181 new admissions into the programme, bringing total no. of witnesses managed to 355 250 witnesses attended judicial proceeding Protection of witnesses resulted in 61 accused found guilty, jail terms and 44 life sentences of direct imprisonment where imposed

Legal Affairs Division
The mandate of LAD is currently to: Monitor and manage civil litigation matters, and to conduct to a limited extent, some civil matters Vet contracts and service level agreements entered into between NPA and various external parties Civil Claims 1 109 civil actions were received in 2015/16 compared to 847 in 2014/15 (30.9% increase) Civil actions have more than doubled from 509 in 2012/13 to 1 109 in 2015/16, increasing at an average rate of about 30% per year Applications & Legal Agreements 253 applications received and dealt with, compared to 258 in previous year 51 agreements were vetted in 2015/16 compared to 80 in 2014/15, a significant decrease of 36.3%

Overview of NDPP’s interventions
29 applications for centralisation were authorised 521 files pertaining to representations were received, 384 finalised (clearance ratio = 73.7%) MLAs and extraditions –37 out of 107 requests finalised for MLAs (both incoming and outgoing) 31 of these requests were received from foreign states; 27 initiated by RSA to foreign states 92 requests for extraditions dealt with, 19 were finalised The NPA participated in negotiations of a treaty on MLAs between RSA and the UK, as well as RSA and Botswana Training aimed at enhancing international cooperation in criminal matters – the international cooperation component is actively participating in the Trafficking in Persons Task Team The Africa Prosecutors Association (APA) released its ever 1st hand book and training manual on counter-terrorism, drafted by the NDPP, Adv. Shaun Abrahams NDPP attended the International Association of Prosecutors (IAP) conference hosted in Russia, with the theme “Combating Terrorism And Violent Extremism”

Financial Resources Overview: Expenditure Report
As from 2014/15 , the NPA incorporated its annual financial statements into the DoJ&CD’s Sub- programme name 2015/16 2014/15 Final appropriation Actual Expenditure (Over)/under expenditure R’000 National Prosecutions Service 2,326,444 - 2,144,150 National Specialised Prosecutions Services 299,038 Asset Forfeiture Unit 133,138 Office for Witness Protection 183,689 Support Services 432,037 Total 3,374,346

Expenditure Report Expenditure on compensation of employees before virement, was at % (R2.8 billion), due to the implementation of Cost of Living Adjustment, including increase in the housing allowances during the financial year Budget allocation per economic classification

Personnel Position Overall human capacity declined from 2014/15 to 2015/16, accompanied by an increase of 3.94% in the head count for prosecutorial and legal capacity This signifies a steady increase of 18.9% of capacity in the core business over a period of five years The organisation is currently conducting a work study project which seeks to review the effectiveness of the current organisational design as well as evaluate the optimal capacity for the organisation to obtain maximum benefit from the existing resources Due to insufficient funding of the establishment, the NPA is not able to fill vacancies, which will impede performance As at 31 March 2016, the NPA employed a total of prosecutors across the country

Personnel Position @ 31 March 2016
Breakdown of permanent prosecutors employed in the NPA Provinces African White Indian Coloured Total EC 283 101 10 49 443 FS 131 86 6 8 231 GP 622 33 50 309 1 014 KZN 355 63 118 16 552 LP 182 3 201 MP 113 4 41 162 NC 73 25 1 21 120 NW 119 17 143 WC 117 134 27 222 500 1 995 479 217 675 3 366

Personnel position @ 31 March 2016
Breakdown of prosecutors on contract Provinces African White Indian Coloured Totals EC 31 7 1 46 FS 16 4 20 GP 63 10 84 KZN LP 39 MP 6 NC NW WC 2 5 Total 163 22 11 206

Misconduct Cases and Related Outcomes
Types of misconduct Number of Prosecutors Outcome Unprofessional conduct 4 1x Not guilty , 1x Closed 2x verbal warning Defying a reasonable instruction 1 1x Not guilty Improper conduct 3 2x Closed 1 X 5 days without pay Bringing the NPA into disrepute 2 1 x Final written warning 1x 3 months suspension without pay Misuse of state vehicle 11 2 x 1 month suspension without pay 8x Written warning Disclosure of confidential information 1 X Final written warning

NPA PERFORMANCE REPORT QUARTER 1 - 2016/17
12 OCTOBER 2016

Indicators not achieved in Quarter 1
Conviction rate in complex commercial crime Conviction rate in trio crimes Conviction rate in violent protests and industrial action Value of completed forfeiture cases Value of freezing orders Value of freezing orders relating to corruption where the amount involved is more than R5m Value of recoveries relating to corruption where the amount involved is more than R5 million (proceeds of crime and government losses) Value of recoveries for government officials convicted of corruption and other related offences (proceeds of crime and government losses)

Strategic Objective 1: Increase Successful Prosecution
Sub-programme 1: National Prosecutions Service Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Conviction rate in high courts 87% (224) 91% (256) 4% More cases finalised in which evidence was accepted by the court Conviction rate in regional courts 74% (6 665) 79% (6 554) 5% Conviction rate in district courts 88% (64 622) 95% (72 239) 7%

Conviction rate in High Court The high courts achieved a 91% conviction rate, exceeding the quarterly target of 87% by 4% The performance improved by 1% compared to last year This good performance is due to more cases being finalised in which evidence was accepted by the court In terms of the number of convictions, the courts excelled by achieving 256 convictions compared to the intended 224 convictions The performance improved by 22 convictions compared to last year during which 234 convictions were obtained

Conviction rate in regional courts The regional courts maintained a high conviction rate of 79% exceeding the quarterly target of 74% by 5%. Performance improved by 1% compared to last year This good performance is due to more cases that were finalised in which evidence was accepted by the court In terms of the number of convictions, the courts obtained 225 more convictions compared to last year

Conviction Rate : District Courts
The district courts exceeded the quarterly target of 88% by 7% Performance improved by 1% compared to last year In terms of the number of convictions, the courts obtained more convictions compared to last year The table below indicates the year on year upward trend in the conviction rate achieved by the district courts

Sub-programme 1: National Prosecutions Service Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Number of criminal court cases finalised with verdict 82 698 84 523 2% More verdict cases were finalised Number of criminal court cases finalised through ADRM 38 807 44 088 14% More accused successfully completed diversion programmes and more cases were identified for informal mediations Conviction rate in complex commercial crime 93% (234) 91% (190) -2% Fewer cases finalised in which evidence was accepted by the court Corrective Action: The SCCU continues to make contributions towards the improvement of case flow management at local forums. Meetings and training to investigating officers are used to address the aforementioned problems. Conviction rate in organised crime 90% (108) (73) 1% More cases finalised in which evidence was accepted by the court Conviction rate in sexual offences 69% (1 438) 70% (1 231)

Courts finalised (2%) more cases with verdict than quarterly target of (6.4%) more new cases were enrolled compared to last year and the quarterly performance improved by verdict cases finalised compared to last year The courts excelled by finalising criminal court cases through ADRM, exceeding the quarterly target of by 5 281 91% conviction rate achieved in complex commercial crime, 2% below the quarterly target of 93%, and performance decreased by 1% compared to last year. 91% conviction rate achieved in the prosecution of organised crime matters, exceeding the quarterly target of 90% by 1% The courts achieved a 70% conviction rate in sexual offences, exceeding the quarterly target of 69% by 1%. The courts did not perform well in terms of the number of convictions and obtained 207 fewer convictions against the intended convictions.

Strategic Objective 1: Increase Successful Prosecution (NPS)
Sub-programme 1: National Prosecutions Service Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Conviction rate in trio crimes 85% (412) 81% (379) -4% Fewer cases finalised in which evidence was accepted by the court Corrective Action: The NPS continues to make contributions towards the improvement of case flow management at PEEC and NEEC. The DPP’s established rescue teams in their respective regions to focus on indicators that are still below target and they render assistance where necessary. Senior Public Prosecutors continue to have regular meetings with prosecutors to identify issues hampering performance in order to address same with the relevant stakeholders at case flow management meetings and the PEEC. Conviction rate in violent protests and industrial action 74% (16) 56% (14) -18% Corrective Action: Some regions assigned dedicated prosecutors to deal with these cases and they are assisted by advocates from the DPP office that monitor and provide guidance in these cases. Factors impacting on the conviction rates and which are being addressed include, amongst others, the reluctance of witnesses to testify, identification of perpetrators and discrepancies between the evidence of state witnesses. Training is provided to the SAPS units attending to riots and marches as well as to investigating officers in the detective branch of the SAPS.

The courts achieved a conviction rate in trio crimes of 81%, 4% below the quarterly target of 85%. The performance decreased by 4% compared to last year. The courts did not perform well in relation to the number of convictions and obtained 33 fewer convictions than the intended 412 convictions. However, the performance improved by 70 convictions compared to last year The courts achieved a 56% conviction rate in violent protests and industrial actions, 18% below the quarterly target of 74%. courts managed to achieve 14 convictions from 25 cases received. Performance within this indicator also increased by 100% compared to last year during which no convictions was obtained.

13 person against the quarterly target of 6 persons was convicted of corruption or offences related to corruption where the amount benefited per case is more than R5 million. Performance improved by 30% compared to last year A total of 63 government officials were convicted for corruption or offences related to corruption, exceeding the quarterly target of 22 by 41 (186%) government officials. Performance improved by 28 (80%) government officials convicted compared to last year.

The courts achieved a conviction rate in cybercrime prosecutions of 93%, exceeding the quarterly target of 74% by 19%. This outstanding performance can be attributed to the continuous training of prosecutors and continued interaction with the judiciary There are currently 55 TCC sites providing services in line with the verification criteria compared to the 50 sites of last year The courts achieved a 70% conviction rate at TCC reported cases, exceeding the quarterly target of 67% by 3%

Strategic Objective 2: Ensure profit is removed from crime
Sub-programme 2: Assets Forfeiture Unit Objective Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Number of completed forfeiture cases 86 137 59% More cases finalised were chapter 6 matters carried from previous year and more section 18s were done Value of completed forfeiture cases R43m R28.3m -34% More of the cases finalised were of low value. 4 high value matters were opposed Corrective Action: The AFU will continue to prioritise the finalisation of opposed matters by ensuring that the necessary resources are made available and to prioritise the finalisation of opposed high value matters. Revised requests for resources will be made and motivated by using the performance data. A hands-on approach in sourcing cases will be retained as per the increased support and commitment from the NDPP to assist the AFU. The AFU completed 137 forfeiture cases, exceeding the quarterly target of 86 by 51 forfeitures cases (59%). Performance improved by 35 (34%) completed forfeiture cases compared to last year. The achievement of the quarterly target is due to a number of cases that were rolled over from the last financial year and finalised in the first quarter The value of completed forfeiture cases was R28.3 million, R14.7 million (34%) below the quarterly target of R43 million. Performance declined by R21.8 million (44%) compared to last year

Sub-programme 2: Assets Forfeiture Unit Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Number of freezing orders 66 67 2% An increased usage of the AFU Financial Investigators and Analysts in chapter 6 matters Value of freezing orders R200m R39.8m -80% 3 high value matters that were to be set down for hearing were deferred for Q2 Corrective Action: A more active role at ACTT nationally will be played. Active monitoring of cases will be done. Monthly meetings will be attended by the regional heads and vigorous stakeholder engagement exercises are being undertaken. From April to June 2016 an active effort was put in place to ensure that these engagements take place. One such exercise in Polokwane has already yielded good results wherein SARS has referred more than three high value cases of a combined value of close to R1 billion. Due to logistical arrangements other such meetings were deferred to Q2 starting with North West and Mthatha to follow soon thereafter. The AFU obtained 67 freezing orders, exceeding the quarterly target of 66 by 1 order. Performance decreased by 1 order compared to last year. An increased usage of the AFU financial investigators and analysts in chapter 6 matters contributed to the achievement of the target The AFU finalised freezing orders to the value of R39.8 million, R160.2 million (80%) below the quarterly target of R200 million. Performance decreased by R182 million (82%) compared to last year

Sub-programme 2: Assets Forfeiture Unit Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Value of freezing orders relating to corruption where the amount involved is more than R5m R94m R0m -100% 3 high value cases were deferred for Q2 and delays in finalisation of financial investigations Corrective Action: There are several high value matters (6 cases) that have been prioritised and are set down for hearing in Q2. The said cases will result in the Unit significantly over-achieving in terms of its year to date target in Q2. The value of these matters is over R40 million. Value of recoveries in terms of POCA R32m R37.5m 17% Increased use of chapter 6 Success rate of litigated cases 93% (100) 99% (136/137) 6% More cases litigated and finalised No freezing orders relating to corruption where the amount involved is more than R5 million was obtained, 100% below the target of R94 million. Performance decreased by 100% compared to last year in which R144 million was obtained Recoveries to the value of R37.5 million in terms of POCA were obtained, exceeding the quarterly target of R32 million by 17%. Performance decreased by R46.9 million (56%) compared to last year The AFU won 99% cases (136 out of 137) against the quarterly target of 93%. The performance improved by 4% compared to last year. This was contributed to an increased focus on the use of non-conviction based forfeiture

Sub-programme 2: Assets Forfeiture Unit Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Value of recoveries relating to corruption where the amount involved is more than R5m (Proceeds of crime and govt losses) R11m R2.1m -81% High value cases were opposed and set down for the next quarter Corrective action: The AFU will continue to ensure that corruption cases are prioritised in terms of both chapters 5 and 6 of the POCA to ensure the speedy finalisation thereof. In this regard the unit will continue to engage with its partners at ACTT to ensure that criminal matters, where restraint orders have been obtained, are prioritised to ensure speedy finalisation and increased recoveries Value of recoveries fore government officials convicted of corruption and other related offences (proceeds of crime and government R61 000 R0m -100% There were no significant convictions that would have resulted in corresponding recoveries Corrective action: Continue to engage with its stakeholders (investigations and prosecutions) to ensure the joint prioritisation and finalisation of both criminal investigations and prosecutions. This will ensure the speedy finalisation of criminal prosecutions where restraint orders are in place. Recoveries to the value of R2.1million relating to corruption where the amount involved is more than R5 million were obtained, 81% below the target of R11 million. Performance declined by R11.9 million (85%) compared to last year in which R14 million was recovered There were no recoveries relating to government officials convicted of corruption and other related offences, 100% below the quarterly target of R61 000. Performance decreased by 100% compared to last year in which R269 103 was obtained

Sub-programme 3: Office for Witness Protection (OWP) Programme Performance Indicators Performance Against Target Q1 2016/17 Target Q1 2016/17 Actual % Deviation from Quarterly Target Comment on Quarterly deviations Number of witnesses and related persons harmed, threatened or killed while on the witness protection programme 0% Effective operational model and planning Percentage of witnesses and related persons that walked off the witness protection programme 1.5% 0.4% (2/449) -1.1% Witnesses are not kept under 24 hour guard, they are placed in places of safety – re-integrate into society. Voluntary admission, voluntary sign off During quarter 1 OWP maintained its excellent performance record for the last 15 years in ensuring that no witnesses and related persons were harmed, threatened or killed whilst on the witness protection programme During the first quarter, 1 witness and 1 related person walked-off the witness protection programme

Strategic Objective 3: Ensure threatened witnesses are successfully protected
54 witnesses and 40 related persons joined the programme. A total of 449 witnesses and related persons were managed during the first quarter 20 witnesses and 12 related persons signed off the programme 5 witnesses and 8 related persons were discharged 36 witnesses with 38 related persons were resettled/relocated in a humane manner through amicable resettlement agreements after completing their testimony or after it was decided by the prosecution not to use them as witnesses 10 witnesses returned to the danger area and 0 formal grievances were laid

Thank you

NDPP’S ANNUAL REPORT 2015/16 PRESENTATION TO THE

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NDPP’S ANNUAL REPORT 2015/16 PRESENTATION TO THE

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