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PRESENTATION OF THE NPA STRATEGIC PLAN 2016 AND ANNUAL PLAN 2011 Adv. Menzi Simelane National Director of Public Prosecutions. 1 1. JCPS Delivery Agreement. Output 1: Reduce overall levels of serious crime Output 2: Improve CJS efficiency
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PRESENTATION OF THE NPA STRATEGIC PLAN 2016 AND ANNUAL PLAN 2011 Adv. Menzi Simelane National Director of Public Prosecutions 11
JCPS Delivery Agreement • Output 1: Reduce overall levels of serious crime • Output 2: Improve CJS efficiency • Output 3: Eradicate corruption, including bribery, by officials within the CJS • Output 4: Manage the perception of crime • Output 5: Improve investor confidence • Output 8: Address cyber crime 22
Specific Activities • Re-engineer and modernise business processes in and around courts to allow for a more effective use of court time • Finalise more criminal cases by 2% per annum • Reduce case backlogs by 10% (by 2014) • Increase the number of cases finalised by diversion and other alternative ways by 20% (by 2014) 33
Specific Activities • Coordinated anti-corruption operations across the CJS and the prosecution of corruption cases in the cluster • Successfully convict 100 people by 2014 that have assets of more than R5m restrained. • Increase in the number of TCCs to 35 44
DG: DoJ&CD Office of the NDPP NDPP Simelane M DNDPP: DNDPP: DNDPP: DNDPP: NSSD Legal Affairs Strategy & Operations AFU S Ramaite N Mokhatla N Jiba W Hofmeyr SOCA PCLU SCCU OWP CEO DPPs 55
Office of the NPA at each seat of the High Court DPPs Coordinator: Coordinator: Coordinator: Coordinator: Coordinator: Regional Head: Coordinator: General Specialised SCCU Organised Governance AFU ONDPP Administration Prosecutions Prosecutions Crime 66
Strategic planning process • Situation Analysis (Political, Economic, Social, Technology, Legislative, Environment) • Situation Analysis Report identifies factors to which the NPA needs to respond in its strategic planning • Consultation with NDPP, DNDPPs, DPPs, SDPPs, CEO • Align to DoJ&CD and JCPS Cluster Plans • JCPS Service Delivery Agreement is the basis for the NPA plan 77
Strategic Objectives • Purpose: Provide a coordinated prosecuting service that: ensures that justice is delivered to the victims of crime through general and specialised prosecutions; protects certain witnesses; and removes the profit from crime. 99
1. JCPS Output Reduced levels of serious reported crimes and specifically the levels of contact and trio crimes 1 Strategic Objective Increased successful prosecution of serious crime Objective Statement Increase the number of convictions measured against the number of new cases in Regional and High Courts (serious crime) to 45% in 2013/2014 Baseline Number of criminal court cases in which a sentence of 10 years or more of direct imprisonment without the option of a fine is imposed: Baseline 2011/2012 Convictions in criminal court cases measured against the number of new cases enrolled in the Regional and High Courts (serious crime): Baseline 2009/2010: 35.7% Justification This objective will contribute to reducing the overall levels of serious crime in particular contact and trio crimes. Links This objective will contribute to achieving the JCPS output 1 Strategic Objective 1 1010
Strategic Objective 3 3 JCPS Output Corruption eradicated, including bribery, by officials within the JCPS as one of the major contributors to ongoing criminal activity and suspicion as well as lack of trust and confidence in the system by the community 3 NPA Output(Strategic Objective 3) Improved prosecution of JCPS officials charged with corruption Objective Statement To increase the number of JCPS officials convicted of corruption: to 63 by 2013/2014 Baseline Number of JCPS personnel convicted of corruption: 09/10: 40 (80%) Value of assets linked to corruption and fraud frozen: R5m 09/10 Justification This objective will contribute to combating corruption in the JCPS cluster and to ensure its effectiveness and its ability to serve as a deterrent. Links This objective will contribute to achieving the JCPS output 3 1212
Strategic Objective 5 5 JCPS Output Investor perception, trust and willingness to invest in South Africa is improved by taking legal criminal actions against a defined number of highly visible corruption cases 5 NPA Strategic Objective Increased successful prosecutions of serious corruption Objective Statement To successfully prosecute and restrain assets of corruption cases where there are assets to the value of at least R5m that can be restrained: 100 persons convicted where at least R5m assets are restrained (cumulative) by 2013/14 Baseline Number of convictions where there is at least R5m assets restrained: 0 10/11 Number of freezing orders with at least R5m assets restrained: 19 10/11 Links This objective will contribute to achieving the JCPS output 5 1414
Risk Management Risks and risk description Responsible Mitigation Risk Rating 1 Poor financial control and management in the NPA CEO: NPA (DG: Accounting Officer) Accountability (s45 of the PFMA) to be included in the performance contracts of all line managers Extreme The NPA in the past four years received three qualified audit opinions and a disclaimer as a result of poor financial controls and a culture of non-compliance to policies and procedures and lack of policy guidelines on budget management. The other contributing factor is a weak control environment. Individual performance review aligned to audit findings Develop and implement an audit plan Enter into a Strategic Support Plan with National Treasury with respect to financial management. (Asset management, goods & services, systems security, compensation of employees, liability management and revenue management.) Develop and implement policies and processes relating to the financial management. (Inclusive of awareness and training.) 2121
Risk Management Risks and risk description Responsible Mitigation Risk Rating 2 Absence of/and or poor coordination and cooperation across the JCPS: NDDP Development and implementation service level agreements. (Inclusive regular monitoring) Extreme NPA is in the middle of the JCPS value chain. It is dependent on partners such as the SAPS, LASA and other key stakeholders in the CJS to enable it to deliver on its core mandate. The absence of/ or poor cooperation and coordination across the JCPS renders the NPA ineffective. Joint planning with partners and stakeholders in the JCPS Joint target setting with partners and stakeholders in the JCPS Establishment of communication channels across the JCPS 3 Lack of adequate budget to support delivery specifically in the lower courts Resourcing in the lower courts is the responsibility of the DoJ&CD. Budget constraints result in prosecutorial staff not being provided the required resources (this includes the provision of reasonable accommodation, minimum standards of furniture and equipment and even stationary) NDPP Review the allocation of the prosecutorial lower court budget, to determine appropriate funds required. High Develop and implement an action plan to address the adequate resourcing the lower courts and prosecutorial staff. 2222
Risk Management Risks and risk description Responsible Mitigation Risk Rating 4 Shortage of suitable qualified, skilled and competent personnel across most/all disciplines The NPA has struggled to attract staff in all disciplines and specifically struggled to address the prosecutorial vacancy rate. The aspirant prosecutor programme is the key strategy to provide a bottom up approach to filling vacancies. The programme has not addressed the issue. Suitable external candidates have not been sourced mainly due to a lack of required experience at the higher levels. Justice College is the main provider of prosecutorial skills development. This has not been associated with a marked improvement in output. CEO: NPA & DNDPP Develop and implement Human Resource strategy High Revise the skills development plan of the NPA( to address the need for management training) Review the aspirant prosecutor programme, to address the skills gap at higher levels. Develop and implement the bridging programmes at the higher levels Review recruitment policy and requirements to attract external candidates 5 Unethical and corrupt behaviour within the NPA The prosecutorial function is linked to high levels of autonomous decision making that can be open to abuse if not closely monitored. A culture of non-compliance can easily support corrupt activities within critical processes such as supply chain management. The NPA has not been particularly good at addressing non-compliance or for disciplining speedily. NDPP Develop and implement prosecutorial governance framework High Implement checks and balances in the prosecutorial process Link performance reward to compliance with Code of Ethics, Prosecution Policy, policy directives and legislation and regulations 2323
NPA Overall Budget & Expenditure as at the 17th of March 2011 (R’000) 2525
NPS Overall Budget & Exp as at the 17th of March 2011 (R’000) 2727
NPS Head Office Budget & Exp as at the 17th of March 2011 2828
DPP Bisho Budget & Exp as at the 17th of March 2011 2929
DPP Bloemfontein Budget & Exp as at the 17th of March 2011 3030
DPP Cape Town Budget & Exp as at the 17th of March 2011 3131
DPP Grahamstown Budget & Exp as at the 17th of March 2011 3232
DPP Johannesburg Budget & Exp as at the 17th of March 2011 3333
DPP Kimberley Budget & Exp as at the 17th of March 2011 3434
DPP Mmabatho Budget & Exp as at the 17th of March 2011 3535
DPP Pietermaritzburg Budget & Exp as at the 17th of March 2011 3636
DPP Pretoria Budget & Exp as at the 17th of March 2011 3737
DPP Thohoyandou Budget & Exp as at the 17th of March 2011 3838
DPP Mthatha Budget & Exp as at the 17th of March 2011 3939
Indicative NPS - Medium Term Budget Allocations (R’000) 4040
Thank you 4141 41