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PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT Presented by Adv. MJ Mpshe SC, Acting NDPP 19 November 2009. Overview of Presentation. Introduction to the NPA Overview of Performance Challenges Closure. Introduction to the NPA.
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PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT Presented by Adv. MJ Mpshe SC, Acting NDPP 19 November 2009
Overview of Presentation • Introduction to the NPA • Overview of Performance • Challenges • Closure
Introduction to the NPA Purpose: To institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings The vision of the NPA is to achieve: Justice in our society so that people can live in freedom and security The mission is: Guided by the Constitution, we in the National Prosecuting Authority, ensure justice to 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.
Actual Expenditure per Economic Classification as at 31 March 2009 2008/09 2009/10 Economic Classification Total_Expenditure Current_Budget Available_Budget Current_Budget BUILDINGS & OTHER FIX STRUCT 0 0 0 COMPENSATION OF EMPLOYEES 1,556,565,899 1,555,395,000 -1,170,899 1,824,536,000 FRUITLESS & WASTEFUL EXP 0 0 0 0 GOODS AND SERVICES 506,816,689 510,810,000 3,993,311 567,689,000 HOUSEHOLDS 4,575,029 7,537,001 2,961,972 10,057,000 MACHINERY AND EQUIPMENT 2,606,434 36,271,999 33,665,565 64,043,000 SOFTWARE & INTANGIBLE ASSETS 12,110 4,267,000 4,254,890 12,344,000 INTEREST AND RENT ON LAND 0 0 0 0 FIN TRANS IN ASSETS&LIABILITIES 1,298,369 0 -1,298,369 0 DEPARTMENTAL AGENCIES & ACCOUNTS 100,231 1,240,000 1,139,769 1,415,000 Grand Total 2,071,974,760 2,115,521,000 43,546,240 2,480,084,000 Budget and Expenditure
Vacancy rate • Vacancy rate at 31/3/09 was 24.9% • Current vacancy rate is 17.32% • 460 posts advertised in the current year & 373 posts filled • Focused intervention to fill posts & an additional 600 posts to be filled by the end of the financial year.
Stakeholder engagement • Successfully hosted Heads of Prosecuting Agencies (HOPAC) 2009 Conference in Cape Town. 46 heads of prosecuting agencies attended . • Hosted the Africa Gender Justice Summit. 15 African Countries participated, to share experiences and solutions to gender based crimes.
Preparations for 2010 • Dedicated courts and resources will be operational for two weeks prior and two weeks post the event. • Court operational from 07h45 to 16h15 (1st shift) and 16h15 to 23h00 (2nd shift). This has serious budgetary implications • Regional Managers are kept abreast of all developments.
NATIONAL PROSECUTIONS SERVICE • Primary national responsibility for instituting criminal proceedings and performing related functions on behalf of the State. The largest unit in the NPA and houses public prosecutors and state advocates manning the nation’s District, Regional and High Courts. • NPS deals with criminal cases and arising appeals, litigation in ancillary matters involving the resolution of criminal matters outside of the formal trial process. These include diversions, admissions of guilt and providing data on court performance.
Specialised Commercial Crime Unit (SCCU) • SCCU prosecutes complex commercial crime cases emanating from the SAPS Commercial Crime Branches. • Offices in Pretoria, Johannesburg, Durban, Port Elizabeth, Cape Town and Bloemfontein & satellite office in East London. • Prosecutor involved in the case from the start of investigation and co-locate with SAPS. • Dedicated Commercial Courts are critical
Sexual offences and community affairs (SOCA) • Develops strategy and policy, & oversees the management of cases relating to sexual offences, domestic violence, human trafficking, maintenance offences and young offenders. The broad outcomes that SOCA seeks to achieve are to: • Improve the conviction rate in gender-based crimes and crimes against children; • Actively protect vulnerable groups from abuse and violence; • Ensure access to maintenance support; and • Systematically reduce secondary victimisation
Sexual Offences - NPS and Sexual Offences and Community Affairs Change over prev Change over Indicator 2004/05 2005/06 2006/07 2007/08 2008/09 yr period Number of dedicated courts 53 67 59 64 50 -21.9% -5.7% Conviction rate: Dedicated Courts 63% 70% 65% 64% 66.7% +2.7% +5.9% Number of Thuthuzela Care Centres 5 10 10 9 17 +88.9% +240.0% Conviction rate: TCC's 80% 80% 83% 75% 61.2% -18.4% -23.5% Comparative Analysis
Highlights of Achievements • In partnership with EWLA (Ethiopia) developed a cutting edge documentary on DV, showcasing strides undertaken by the NPA towards reducing DV incidences. The documentary was nominated in the category “Best short documentary” at the Los Angeles Pan African Film Festival in January 2009 • 2329 prosecutors and other related persons have been trained in respect of the SOCA focus areas. • Addressed various internal conferences in areas of focus and hosted various conferences
Establishment of TCC • Four TCCs to be established this year: Western Cape: George & Bellville (Karl Bremmer hospital), North West: Rustenburg & Taung. • WC sites are 40% complete & NW 45%.
Priority Crimes Litigation Unit (PCLU) • The PCLU was created by Presidential proclamation to manage investigations and prosecute crimes that impact on State security.
Performance 08/09 Service Delivery Achievements • Senior member of PCLU classified 1 of only 15 international experts in nuclear terrorism • Assisted the Director of the Financial Intelligence Centre (FIC) in dealing with FATF evaluation of SA • Several high profile prosecutions were conducted Missing Persons’ Task Team • Finalised 14 exhumed cases and remains handed to families • 9 of the Mamelodi 10 (the search for the 10th member continues) • 2 MK members who died in Mmabatho in Jan 1986 • 1 of 4 MK members fatally wounded near the Botswana border in 1986 • 2 AZANLA (AZAPO) members who were fatally wounded near Zeerust in Oct 1981 • 4 MK operatives killed in shoot with SANDF in Nov 1983
Office for Witness Protection • The OWP provides a support service to the CJS by the protection of threatened or intimidated witnesses (and related persons) by placing them under protection, thus ensuring that they will testify in criminal and other defined proceedings.
Sub-programme 3: Directorate of Special Operations • The purpose of the directorate is to gather and analyse information, investigate and prosecute particular serious crimes, organised crimes and crimes of national interest which threaten democracy and the economy.
Sub-programme 4: Asset Forfeiture Asset Forfeiture seizes criminal assets that are the proceeds of crime or have been involved in the commission of an offence either through a criminal/civil process
Sub-programme 5: Support Service Corporate Services aims to ensure effective leadership, management & administrative support to NPA through continuous refinement of organisational strategy & structure in compliance with appropriate legislation & best practice
Challenges • Accommodation in the lower courts • Lack of control over the full process throughout the value chain • Dedicated courts for sexual offences and complex commercial crime prosecutions (to be discussed with Minister) • Coordination of CARC meetings per prescribed legislation • Audit outcome • Vacancies
Focus for 2009/10 • Continue to focus on the audit findings and improving governance in the NPA • Service Delivery Improvement • Filling of vacancies
Closure • The NPA continuously strives to contribute to freeing South Africa from the shackles of crime and violence. The Constitution places a specific responsibility on the NPA and only by fulfilling this mandate as the Prosecuting Authority will we truly arrive at a vision of living in a non-racial, non-sexist and democratic South Africa free of crime and prejudice where justice is ensured for all.
