1. NATIONAL PROSECUTING AUTHORITY
PRESENTATION
TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS
21 MAY 2008

2. Proposed Agenda Overview by Acting NDPP
Presentation by Operational Units:
* National Prosecutions Service (NPS)
* Overview National Specialist Services Division (NSSD):
Specialised Commercial Crime Unit (SCCU)
Sexual Offences and Community Affairs (SOCA)
Office for Witness Protection (WP)
Priority Crimes and Litigation Unit (PCLU)
* Directorate Special Operations (DSO)
Questions

3. Overview by Acting National Director
MJ Mpshe SC

4. Introduction Structure and Composition of the NPA
Powers, Duties and Functions of National Director and Deputy National Directors
Impact of external factors on the
performance of NPA staff
Powers/Duties/Functions
Although the NDPP is appointed by the President as head of the national executive the Constitutional Court in the matter of In re: Certification of the Constitution of the RSA found that the independence of the prosecuting authority was not comprimised by the said appointment nor did it violate the separation of powers. It was also noted in the said judgement that the separation of powers was not violated by this principle. The NPA Act
enscrined the guarantee of independence as set out in section 179(4) of the Constitution. The guiding principle being that the NDPP, DNDPP’s and all other prosecutors execute their duties without fear, favour or prejudice.
The NDPP has overall control and maintains an oversight role in relation to all prosecutions nationally. The Prosecution Policy, Directives and Code of Conduct issued by the NDPP also assist in the oversight control. To ensure the required checks and balances the prosecuting authority is accountable to parliament and the Minister has final responsibility over the prosecuting authority. (S 33 NPA Act) This however does not imply ministerial control of or intervention in the decisions of the NDPP / DNDPP’S / DPP’S. The procedure in Sec 33 of the NPA Act
provides an opportunity to the NDPP to explain a particular decision which might on the face of it, and to someone not familiar with all the facts of the case , been a peculiar decision.

5. Macro Structure Impact of External Factors
The NPA has had to deal with morale -draining battering recently. There has been attacks from various angles around handling or non-handling of certain matters.
These issues have really become serious challenges to be addressed and at the same time to continue with our core function.
To mention but some is the prosecution of the Jacob Zuma matter and that of the National Commissioner of Police, Commissioner Jackie Selebi. It is suggested around theses matters that the NPA is being used or manipulated politically by individuals for personal gain.
The NPA is further being criticized for political smear campaigns.
The suspension of the NDPP, Adv Vusi Pikoli had a negative impact on the moral of the NPA community.
Two other senior members of the NPA namely Adv Dawood Adam and Adv Brink Ferreira are also on suspension. Adv Adam is the Special Director charged and leading the Office of Witness Protection whilst Adv Ferreira is the DPP in the Free State. Undoubtedly the absence of these two senior officials impacts negatively on the core function of the organization.
Despite what is perceived and published in the media the NPA is still continuing to work with integrity.

6. Highlights of operational Units
National Prosecutions Service (NPS)
* Maintaining high conviction rate
* Community Courts
* Backlog Project
* Community Prosecutions Project
Both Higher and Lower Court prosecutors met their conviction rate targets of about 85 per cent, but case finalisation numbers dropped to below the previous period.
Other remedies being energetically pursued include rolling out community courts across the country, encouraging the use of justice processes such as admissions of guilt, plea bargaining, and diversions to move first and less-serious offenders through the system quicker, and once-off “clean-up” projects to sharply reduce case and administrative backlogs.
Innovative projects such as Community Prosecutions and Restorative Justice are currently being piloted and show promise as avenues for faster and targeted justice in the near future.
Sibongile to provide more info in his presentation

7. Highlights of Operational Units (cont)
Directorate of Special Operations (DSO)
* Finalised 214 cases
* Conviction rate 85%
* Restraint assets R 1, 05 billion
The DSO initiated 368 new investigations and finalised 264. It also finalised 214 prosecutions with a conviction rate of 85 per cent, arrested 617 suspects and restrained assets worth about R1 050 billion.
Notable successes included the arrest of suspects in the Kebble murder, confiscating illegal drugs worth over R600 million, and instituting successful prosecutions in the Leisurenet and Travelgate matters.

8. Highlights of Operational Units (cont.)
Priority Crimes Litigation Unit (PCLU)
* 100% conviction in first ever Nuclear
Non-Proliferation case in SA
* Missing Persons Project
This is a specialist unit mandated to tackle cases that threaten national security, as well as issues arising from the final report of the TRC hearings. The PCLU was involved in various high profile cases, with several highly sensitive matters still under investigation.
The AFU also facilitated the disbursement of some funds from CARA to inter alia for finding persons identified as missing by the Truth and Reconciliation Commission (TRC).

9. Highlights of Operational Units (cont.)
Specialised Commercial Crime Unit (SCCU)
* Maintained 95% conviction rate
* 36% increase in cases finalised
* Spear-headed PGI methodology
For more than five years the SCCU has maintained its proud record of a 95 per cent plus conviction rate. Cases
included prominent business people, NPA personnel, senior police officials and other civil servants.
The SCCU, in partnership with the SAPS Commercial Branch and other stakeholders, is spearheading the development of a Prosecution-guided Investigations (PGI) methodology for tackling criminal investigations. PGI is proving to be clearly superior to earlier procedures and is being rolled out wherever it can be applied appropriately

10. Highlights of Operational Units (cont.)
Sexual Offences and Community Affairs (SOCA)
* Launched 365 National Action Plan
on No Violence against Women and
Children
* Continued establishment Thuthuzela
Care Centres
* Steering Committee for Trafficking in
Persons established.
SOCA acts against the victimisation of women and children, with specialised prosecutors positioned in dedicated SOCourts. Supporting activities operated by SOCA include its multidisciplinary TCC’s, which are recognised by the UN General Assembly as a “world best practice model” in the field of Gender Violence Management and Response.
SOCA launched its “365 National Action Plan (NAP) on No Violence Against Women and Children”, which is aimed at streamlining initiatives between Government, the private sector and NGOs.

11. Highlights of Operational Units (cont.)
Office for Witness Protection
* Maintained long standing record no
witness threatened, harmed on
assassinated whilst on Programme
* Acclaimed as one of top 5 witness
protection agencies in the world
The WPU has for the past six years maintained an outstanding record of not having a single witness who complied with its protection programme, being threatened, harmed or assassinated.
The WPU’s best practices philosophy has led it to be consistently acclaimed as being among the top five witness protection agencies in the world, with countries such as Germany requesting internships for their employees to learn from the WPU’s witness protection best practices. The WPU also routinely cooperates with international organisations such as the International Criminal Court for Rwanda (ICTR), the International Criminal Court former Yugoslavia (ICTY) and the United Nations Office on Drugs and Crime (UNODC).

12. Conclusion