1. NDPP’S ANNUAL REPORT 2016/17 PRESENTATION TO THE
PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES
04 OCTOBER 2017

2. Contents Introduction Legislative and other mandates
Organistional Structure
Organisational Overview
Programme Performance
Expenditure
Resourcing

3. Introduction
Vision
Justice in our society so that people live in freedom and security
Mission
Guided by the Constitution, we in the National Prosecuting Authority, ensure justice for the victims of crime by prosecuting without fear, favour or prejudice, and by working with our partners and the public to solve and prevent crime
Values
Integrity  
Accountability  
Service excellence  
Professionalism
Credibility

4. 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

5. 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

6. 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

7. Organisational Structure
National Director of Public Prosecutions
Adv Shaun K Abrahams
Deputy NDPP: NPS
Adv S Mzinyathi (Acting) in place of Adv N Jiba
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

8. (Special) Directors of Public Prosecutions
Adv G Baloyi (NG): Acting in place of Adv Mzinyathi
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 (vacant post)
Special Directors of Public Prosecutions
Adv M Govender (SCCU): Acting (in place of Adv Mrwebi)
Adv T Majokweni (SOCA):
Dr T Pretorius (PCLU): Acting (vacant post)
Mr M Molelle (AFU): Acting (Vacant post)
Mr D Adam (OWP)

9. Organisational overview
The NPA has three strategic objectives
Increased successful prosecution
Ensure that profit is removed from crime
Ensure threatened witnesses and related persons are successfully protected

10. Organisational overview
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

11. Organisational overview
NPA 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
Ensuring that trial ready cases proceed timeously remains a primary challenge that is not adequately addressed by the CJS
The placing of too few cases on the court roll for trial, results in the inability to optimally utilised court hours, which hampers performance
The Norms and Standards issued by the Chief Justice which vest the responsibility of determining the number of cases placed on the court rolls daily has not to date yield the required increase in the utilisation of court hours and the increase in the finalisation of court cases

12. Organisational overview
The implementation of pre-trial hearings was identified as a solution to minimise the remands of trial ready cases
NPA participates in various structures such as Case Flow Forums and National and Provincial Efficiency Enhancement Committees in an endeavour to alleviate many operational challenges
Budgetary constraints resulted in vacant posts not being filled, placing severe strain on the NPA’s staff establishment, affecting the aspirant prosecutors programme (which is critical to sustain the organisation’s professional staff, and negatively impacting on other organisational operations, such as the establishment of new operational Thuthuzela Care Centres (TCCs)

13. Organisational overview
2016/17 Audit Outcome
NPA is audited as Programme 4 under DOJ &CD
Overall AG expressed an Unqualified Audit Opinion on Programme 4 (NPA)
For the year 2016/2017 audit, there was only one (1) material finding that related to performance information reporting
There were material differences between AFU National Case register and the Annual Report in relation to programme 4 on Asset Forfeiture Unit indicators.
AFU National Case register was reviewed in line with auditors finding and adjustments were made on the Annual Report.
Audit action plans are in place to ensure that management implements corrective measures and that repeat audit findings are circumvented

14. NPA Comparative Annual Performance from 2014/15 to 2016/17

15. Performance Overview
Strategic Objective 1: Increased successful prosecution
Conviction rates in High Courts
High conviction rates were maintained in all forums.
The high courts received 939 new cases and finalised cases with 968 guilty verdicts and 96 acquittals and 61 withdrawals. High courts achieved a 91% conviction rate exceeding the target with 4%
The number of formal bail applications in the high courts increased remarkably by 115% from 26 to 56. The reason for such increase could mainly be attributed to the increase in complex and lengthy cases.
The high courts saw a slight decrease in the number of appeals received and finalised which was 3.4% from to appeal cases
Sub-Programme 1: National Prosecutions Service
Performance against targets
Objective Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in high courts
89.9%
(910)
87%
(897)
91%
(968)
Conviction rate in regional courts
78.4%
(24 958)
74%
(26 660)
79.8%
(25 209)
Conviction rate in district courts
94.5%
( )
88% (
95.6%
( )

16. Performance Overview Conviction rate and progress of Regional Courts
The regional courts enrolled a total of cases compared to the previous year with a marginal decline of 1.6%
The courts finalised cases comprising verdict cases (92.3% of the total finalised cases) with a conviction rate of 79.8% and ADRM cases (7.7% of the total finalised cases).
The regional courts finalised court and criminal matters in addition to the cases finalised including ADRM which take up valuable court time
Formal bail applications (58.8%) coupled with the application for leave to appeal (29.2%) utilised the most court time
During this reporting period a total of formal bail applications were dealt with, which represents an increase of 27.4% from the total bail applications (3 476) dealt with last year.
A total of dockets were received for decision which represents (14%) more than the received during FY2015/16. Prosecutions were instituted in dockets whilst prosecution was declined in dockets. A total of dockets were referred back for further investigation before a final decision could be made.
Table 1:Progress on court/criminal matters finalised

17. COURT/CRIMINAL MATTERS FINALISED
Conviction rate and progress of District Courts
The district courts enrolled new cases which is 3.1% (20 630) more than the new cases the previous year.
The courts finalised cases comprising of verdict cases (66.1% of the total finalised cases) and ADRM cases (34.3% of the total finalised cases).
High conviction rates were maintained during this reporting period and a conviction rate of 95.6% was ultimately maintained by all district courts.
The district court prosecutors received a total of dockets for decision which represents (4.9%) more than the received during FY2015/16. Prosecutions were instituted in dockets whilst prosecutions were declined in dockets. A total of dockets were referred back for further investigation before a final decision could be made.
Table 2:Progress on court/criminal matters finalised
COURT/CRIMINAL MATTERS FINALISED
TOTAL
% OF TOTAL
Suspended sentences
4 146
5,8%
Conversion of maintenance trial to enquiry
892
1,2%
Application for leave to appeal
297
0,4%
Committal to mental institution
546
0,8%
Conversion of sentence
275
Formal inquests
170
0,2%
CJA: prelim inquiries
10 161
14,1%
Formal bail applications
55 533
77,1%
TOTAL MATTERS FINALISED
72 020
100,0%

18. Performance Overview Performance Indicator Actual Achievement 2015/16
All courts excelled by finalising cases comprising of verdict cases and cases finalised through ADRM, maintaining a positive ratio between verdict cases (67.5%) and ADRM cases (32.5%).
cases were diverted after enrolment, a total of children were diverted, comprising of children diverted in terms of CJA and children diverted after they were referred for trial in a criminal court and informal mediations were conducted.
Number of Section 41 diversions was reduced by 14.4 % with 199 fewer diversions, although the number of PI diversion increased with 527 (13.4%) diversions
A decline of 33.5% (66) is also noted in the number of schedule 3 diversions. The latter comprised schedule 3 offences known to be more serious transgression where the Director of Public Prosecution may, if exceptional circumstances exist authorise such a diversion
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of criminal court cases finalised with verdict
Number of criminal court cases finalised through ADRM

19. Change over previous year
Performance Overview
Court utilisation showed a downward trend over the years and a similar reduction is noted again during this reporting period as indicated in the table below.
Table 3: Progress on criminal court hours
Another factor impacting on the achievement of this indicator is the inflow of cases. During 2016/17 reporting period an increased inflow of 2.3% (19 812) was recorded.
The NPA also deals with decision dockets that include all criminal matters presented to the prosecutors to consider the institution of a prosecution. These exclude dockets in cases enrolled.
Table 4: Progress on new decision dockets received
Financial Years
2010/11
2011/12
2012/13
2013/14
2014/15
2015/16
2016/17
Change over previous year
Change over period 10/11-16/17
Average Actual Criminal Court Hours
03:34
03:31
03:30
03:29
03:16
03:13
-1,7%
-10,2%
District Courts
03:36
03:32
03:09
-1,9%
-12,5%
Regional Courts
03:38
03:26
03:22
-5,4%
High Courts
02:59
03:06
02:57
03:04
02:48
02:56
4,6%
-1,8%
FORUM
NEW DOCKETS 2015/16
% of National
NEW DOCKETS 2016/17
Progress
High Court
15 459
1,8%
17 921
1,9%
15,9%
Lower Courts
98,2%
98,1%
6,0%
ALL
100,0%
6,2%

20. Performance Overview
The number of withdrawals is measured to ensure quality prosecutions and a just outcome in all cases.
The regional and district courts indicated a positive decline of 12.3% and 5.3%, respectively, whilst an increase of 13% is noted in the high courts.
A decline of 6.1% in the number of cases withdrawn by all prosecutors is depicted in the table below and confirms the enhancement of proper screening procedures implemented by the prosecutorial component:
Table 5: Progress on cases withdrawn
FORUM
2015/16
% of National
2016/17
Progress
High Court 54
0,1% 61
13,0%
Regional Court
12 228
11,4%
10 721
10,6%
-12,3%
District Court
95 119
88,6%
90 104
89,3%
-5,3%
ALL
100,0%
-6,1%

21. Performance Overview Conviction rate in rhino prosecution
The NPA achieved a conviction rate of 90%, which is on target and represents an increase of 1.1% compared to the previous year.
A total of 368 cases were finalised with an increase of 2.2% on the number of cases finalised during the previous financial year.
A multi-disciplinary team was formed to deal with the gang violence and to this end the NPA concluded 28 gang violence cases from the Northern Areas, with an outstanding conviction rate of 93%; 26 convictions and two acquittals.
Conviction rate in rhino prosecution
During this reporting period, the NPA finalised 39 verdict cases and obtained 38 convictions representing a conviction rate of 97.4%.
Conviction rate in environmental crimes
The NPA achieved a conviction rate of 94.5% with 363 convictions, 6 more convictions than the previous year
Conviction rate on copper theft
The focus on copper theft prosecutions resulted in a remarkable 91.8% with 234 convictions, 43 more convictions than the previous year.
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in organised crime
88.9%
(359)
90%
(435)
(368)

22. Conviction rate in trio crime Performance Indicator
The NPA indicated their commitment to curb the ongoing violence against women, children and the vulnerable by finalising 6 669
verdict cases with 4780 convictions in sexual offences. Not only did this performance exceed the set target of 69% by 4.3%, but this is also the highest conviction rate ever recorded.
Conviction rate in trio crime
The NPA finalised verdict cases with trio counts and convictions in trio crimes.
High conviction rates were achieved in both business and house robberies whilst vehicle accounted for the lower conviction rate
Table 5:Breakdown of trio counts
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in sexual offences
70.1%
(4 978)
69%
(5 753)
71.7%
(4 780)
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in trio crime
82%
(1 391)
85%
(1 647)
83.5%
(1 552)
2016/17
CONVICTIONS
AQUITTALS
VERDICT
CONVICTION RATE
House Robberies
970
163
1 133
83%
Business Robberies
540 98
638
89%
Vehicle Robbery / Hi-Jacking
425 94
519
76%
TOTAL COUNTS
1 935
355
2 290
84.5%

23. Performance Overview Performance Indicator Actual Achievement 2015/16
The NPA achieved 58 convictions from 103 verdict cases in violent protests and industrial action cases. Challenges which negatively impacted on performance include the reluctance of witnesses to testify, identification of perpetrators and discrepancies between the evidence and state witnesses.
A conviction rate of 92% was achieved in complex commercial crime during the current financial year, and although the target of 93% was not achieved, the actual achievement still remains high.
A decrease of 2% is noted in the conviction rate compared to last year
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in violent protest and industrial action
68%
(73)
74%
(65)
56%
(58)
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in complex commercial crime
94%
(951)
93%
(937)
92%
(793)

24. Performance Overview Performance Indicator Actual Achievement 2015/16
The lower courts excelled by finalising 298 cases with 289 convictions whilst ensuring quality prosecutions by maintaining a remarkable conviction rate of 97%. The target was not only exceeded but an improvement of 1% is also noted compared to 96% achieved during the previous financial year.
The target to convict at least 25 people of corruption where the amount involved is more than R5 million was exceeded, and 29 convictions were achieved.
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in cybercrime
96%
(244)
74%
(161)
97%
(289)
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of persons convicted of corruption where the amount involved is more R5 million 25 29

25. Performance Overview Performance Indicator Actual Achievement 2015/16
The NPA exceeded the target of 90 government officials and secured the conviction of 224 government officials, which is a 9% increase compared to the previous financial year during which 206 officials were convicted.
matters were reported at the 55 operational TCC sites. The courts achieved a 71% conviction rate in sexual offences cases reported at TCC.
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of government officials convicted of corruption or offences related to corruption
206 90
224
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Conviction rate in sexual offences cases reported at TCCs
72%
(2 340)
67%
(1 482)
71%
(2 334)

26. Sub-Programme 2: Asset Forfeiture Unit Performance against targets
Performance Overview
Strategic Objective 2: Ensure profit is removed from crime
The NPA completed 572 forfeiture cases compared to 389 forfeitures in the previous year
This is the highest number of forfeiture cases completed in the past 5 years.
A significant number of the said cases were opposed high value complex cases that were carried over from the previous year
The NPA obtained forfeiture and confiscation orders to the value of R423.6 million (R349.6 million in 2015/16) against target of R230 million
The continued focus on high value cases and the use of non-conviction based forfeiture contributed to the excellent performance.
Sub-Programme 2: Asset Forfeiture Unit
Performance against targets
Objective Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of completed forfeiture cases
389
420
572
Value of completed forfeiture cases
R349,5m
R230m
R423,6m

27. Performance Overview Sub-Programme 2: Asset Forfeiture Unit
The NPA continued to implement measures to increase productivity, improve coordination and resolve inhibiting factors with its partners to maximised the profit that was removed from crime.
During the 2016/17 financial year 377 freezing orders to the value of R1,194 billion were obtained. This performance was the best performance in the past 5 years.
Freezing orders relating to corruption where the amount involved is more than R5 million, to the value of R627,3 million were obtained.
Recoveries in terms of POCA to the value of R219 million were obtained, with payments of R149,4 million to the victims of crime and R69,5 million deposited into CARA.
Sub-Programme 2: Asset Forfeiture Unit
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of freezing orders
326
324
377
Value of freezing orders
R778,9m
R1,1bn
R1,194bn
Sub-Programme 2: Asset Forfeiture Unit
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Value of freezing orders relating to corruption or offences related to corruption where the amount involved is more that R5m
R238,6m
R600m
R627,3m
Value of recoveries in terms of POCA
R444,2m
R170m
R219m

28. Sub-Programme 2: Asset Forfeiture Unit Performance against targets
Performance Overview
The overall success rate of the AFU’s litigated cases was 99%, through the finalisation of 554 out of 560 cases
Recoveries relating to corruption where the amount benefited is more than R5 million to the value of R122,7 million were obtained.
Due to an increased focus on the finalisation of high value cases recoveries relating to government officials convicted of corruption and related offences to the value of R1,16 million were obtained.
Sub-Programme 2: Asset Forfeiture Unit
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Success rate
95,6%
93%
(400)
99%
(554/560)
Value of recoveries relating to corruption where the amount involved is more than R5m
R136,8m
R50m
R122,7m
Value of recoveries for government officials convicted of corruption and other related offences
R13m R
R1,16m

29. Performance Overview
OWP achieved its key performance indicator of no witnesses or related persons harmed, threatened or killed, for 15 years in a row
228 new admissions into the programme, bringing total no. of witnesses managed to 404
262 (65.3%) witnesses attended judicial proceeding
Protection of witnesses resulted in 28 accused found guilty, 308 jail terms and 8 life sentences of direct imprisonment where imposed
Strategic Objective 3: Ensure threatened witnesses are successfully protected
Sub-Programme 3: Office for Witness Protection
Performance against targets
Performance Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
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
0,6%
(4/662)
1,5%
0,5%
(4/770)

30. Performance Overview Priority Crime Litigation
The PCLU reported on two key noteworthy cases, namely the S v Thulsie case and the Okah appeal case. The Thulsie case was postponed for finalisation of investigation and the service of indictment, including the authorisation by the NDPP. The final heads were filed and the office awaits the final date for argument in terms of the Okah appeal.
The Missing Persons Task Team (MPTT)
Following the official launch of the Gallows Exhumation Project in the previous year, the MPTT recovered remains of 14 political prisoners who were hanged in 1964 at Kgosi Mampuru Correctional Facility (then known as Pretoria Central Prison). All fourteen were members of the Pan Africacnist Congress (PAC)’s armed wing, then known as Poqo
Further exhumations and excavations took place amongst which some of the remains were positively identified as being those of Priscilla Melekgetho Mosoeu aka Kuki Zwane
The remains of other four individuals were exhumed and may be linked to MK members who disappeared in 1987 in KwaZulu-Natal, the DNA tests are underway to establish identity
Excavations were also carried out on several pauper graves in Soweto and Mamelodi.
Sixty graves were also opened and examined in Mthatha in search of two missing MK members.
The MPTT participated in the handover of remains, including remains of the 14 hanged PAC (Poqo) members
Three spiritual repatriations were held concerning individuals who were killed in Komatipoort
The MPTT conducted an end of year progress review of cases and closed 31 cases for the period under review

31. Legal Affairs Division
Performance Overview
Legal Affairs Division
The mandate of LAD is currently to:
Provide legal advice, monitor and manage civil litigation matters, render assistance to the NDPP and the NPA in general through legal opinions on case law and high profile cases, and various external parties.
Civil Claims
1 383 civil actions were received in 2016/17 compared to in 2015/16
Applications and Legal Agreements
256 applications received and dealt with, compared to 251 in the previous year
64 agreements were vetted in 2016/17 compared to 51 in 2015/16, a significant increase of 28%

32. Overview of NDPP’s interventions
Performance Overview
Overview of NDPP’s interventions
24 applications for centralisation were authorised
571 files pertaining to representations were received, 384 finalised reflecting a clearance ratio of 73.7%
69 of the finalised files were matters placed before the NDPP as review decisions, 61 were confirmed and 8 were overturned
104 new requests for mutual legal assistance were received and 61 were finalised
46 requests for extraditions dealt with, 21 were finalised
The NPA concluded Memoranda of Understanding with the Office of the Prosecutor General of the Russian Federation and Office of the Prosecutor General of the Arab Republic of Egypt
The NPA participated in the 8th Conference of the State Parties to the United Nations Convention Against Transnational Organised Crime as well as in the 5th Session of the working Group on International Cooperation in Vienna and Austria
The National Director serves as Treasurer-General in the Executive Committee of Africa Prosecutors Association (APA) and two DPPs are members of the Strategic Committee
The NDPP attended the International Association of Prosecutors (IAP) conference hosted Dublin, Ireland and presented a paper titled The relationship between the Investigation and the Prosecution
The NDPP is also a member of the BRICS Heads of Prosecuting Agencies and led a delegation to a meeting of the heads of prosecuting in Senya, People’s Republic of China, where he presented a paper on Fighting Corruption To Ensure Sustainable Economic and Social Development

33. Budget vs Expenditure

34. Financial Resources Overview: Expenditure Report
As from 2015/16 , the NPA incorporated its annual financial statements into the DoJ&CD’s
Sub- programme
2016/17
2015/16
Final appropriation
Actual Expenditure
(Over)/under expenditure
R’000
National Prosecutions Service
2,776,285 -
2,625,482
Asset Forfeiture Unit
133,011
133,138
Office for Witness Protection
183,521
183,689
Support Services
461,759
432,037
Total
3,554,576
3,374,346

35. Adjusted Appropriation
Financial Resources Overview: Expenditure Report
Final Budget vs Expenditure 2016/17
Economic Classification
Adjusted Appropriation
Shifting / Virement
Final Appropriation
Actual Expenditure
Variance
Compensation of employees
32 530
Goods and services
Departmental agencies and accounts
8 565 46
8 611
Households
7 565
2 652
10 217
Machinery and equipment
45 605
31 862
Payment for financial assets
1 440
-208
1 232
Total
-2 929

36. Historical CoE Budget vs Expenditure
2014/15
2015/16
2016/17
R'000
Adjusted Appropriation
Actual Expenditure
Variance
12 851

37. MTEF Allocation
2017/18 – 2019/20

38. Adjusted Appropriation
Overall Budget growth: MTEF
R’thousand
2013/14
2014/15
2015/16
2016/17
2017/18
2018/19
2019/20
Audited Outcome
Adjusted Appropriation
Medium Term estimates
National Prosecuting Authority
% Growth
6.06%
3.69%
5.43%
3.56%
4.14%
7.28%
Average growth of 5.03% over the Medium Term Expenditure Framework (MTEF) period
Consumer Price Index (CPIX) - 6.6% (2016/17)
Cost of Living Adjustment (COLA) - CPIX + 1% (2016/17 and 2017/18)

39. Adjusted Appropriation
Overall CoE Budget growth: MTEF
R’thousand
2013/14
2014/15
2015/16
2016/17
2017/18
2018/19
2019/20
Audited Outcome
Adjusted Appropriation
Medium Term estimates
National Prosecuting Authority
2,431,496
2,623,063
2,835,971
3,039,993
3,111,219
3,229,218
3,474,639
% Growth
7.88%
8.12%
7.19%
2.34%
3.79%
7.60%

40. Personnel Position Resourcing
COE ratio to Goods and Services budget is currently sitting at 85:15
The governmental employment cost reduction project has a severe impact on NPA
NPA unable to fill vacant posts and to create posts for newly established Limpopo and Mpumalanga courts
The Aspirant Prosecutors Programme is currently discontinued due to financial constraints
The EWP aimed at empowering and assisting court and TCCs personnel achieved 100% resolution within 48hrs response time
As at 31 March 2017, the NPA employed a total of prosecutors across the country, a serious comperative decline of 404 prosecutors reported on 31 March 2016
Vacancy rate as at 31 March 2017 is 15%

41. Personnel Position as at 31 March 2017
Resourcing
Personnel Position as at 31 March 2017
Table 6: Breakdown of total employment in the NPA per office
Officer / Division
Total Establishment
Total Filled
Total Vacant
Vacancy Rate
DPP: Eastern Cape Division
431
390 41
10%
DPP: Free State
295
274 21 7%
DPP: KwaZulu-Natal
732
626
106
14%
DPP: Limpopo
323
275 48
15%
DPP: Mpumalanga
250
201 49
20%
DPP: Mthatha
216
181 35
16%
DPP: North Gauteng
523
437 86
DPP: North West
208
195 13 6%
DPP: Northern Cape
179
146 33
18%
DPP: South Gauteng
572
500 72
13%
DPP: Western Cape
643 71
11%
Sexual Offences & Community Affairs
220
164 56
25%
Specialised Commercial Crimes Unit
192 28
Asset Forfeiture Unit
166
130 36
22%
Administrative Support
466
347
119
26%
Office for Witness Protection
165
152 8%
Office of the NDPP
102 87 15
5 683
4 841
842

42. Resourcing Skills development
Skills development programmes were scaled down due to budgetary constraints
Total number of attendees, were 3 499, across various programmes. The following are some of the programmes attended by NPA personnel:
Type of Course
Attendees
Trial Advocacy
225
Microsoft user training 50
Victim support and related 98
iBase 9
Legal drafting and related 34
Dynamics 18
Law of Evidence/ presenting and admissibility of evidence
264
PMDS 14
Environmental crimes 54
Business / Professional Writing 44
Trio and other serious crimes
107
Workplace Discipline
Specialised / Organised Crime 53
Diversity 16
Cybercrime 83
Asset and Disposals 15
Child Justice and child pornography
129
Ethics, Integrity and Related
830
Stock Theft 59
Public Administration
734
Road Traffic fines
Mutual Legal Assistance 17
Domestic Violence and Sexual Offences
154
Communication Technology 51
Human Trafficking 96
Emigration and related matters 82
Maintenance
Mediation and ADRM 47
High Court Bridging 49
Forensic Expertise

43. Misconduct and disciplinary outcome
Resourcing
Misconduct and disciplinary outcome
The below table indicates the number of misconduct cases dealt with during the year as well as the nature of finalisation. Most of the cases were resolved through final written warnings followed by dismissals.
Table 7: Misconduct and Disciplinary Outcome
Types of misconduct
Number
% of total
Racism 1
2.4%
Sexual harassment
Improper conduct
Bringing the name of the NPA into disrepute 4
9.6%
Misuse of state vehicle 3
7.4%
Incompatibility
Dereliction of duty
Negligence 2
4.9%
Non-compliance with the NPA Policy
Dishonesty ( 6 matters are related to corruption) 14
34.2%
Absenteeism 5
12.3%
Breach of Code of Conduct for the Prosecutors
Misrepresentation
Abscondment
TOTAL 41
100%

44. Outcome of disciplinary hearings
Resourcing
Outcome of disciplinary hearings
The below table indicates the nature of misconduct cases dealt with and finalised.
Table 8: Outcomes of Misconduct and Discipline Enquires finalised
Labour Matters:
Grievances, total cases 152, resolution rate 80.3%
Disputes, total cases 23, success rate 91.3%
Precautionary suspensions, total cases 15, cost of suspensions R3,535,845.02
Outcomes of disciplinary hearings
Number
% of total
Corrective counselling 2
4.9%
Written warning 5
12.2%
Final written warning 14
34.1%
Suspension
Dismissal 10
24.4%
Not Guilty 3
7.3%
Case withdrawn
Total 41
100%

45. Thank you