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NPA Annual Report 2014/15 Presentation

This presentation discusses the National Prosecuting Authority's vision, mission, values, legislative mandates, performance, and resourcing for the year 2014/15.

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NPA Annual Report 2014/15 Presentation

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  1. ANNUAL REPORT 2014/15PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES 15 October 2015Adv. S AbrahamsNational Director of Public Prosecutions

  2. NPA ANNUAL REPORT 2014/15 • Vision, mission and values • Legislative and other mandates • Overview of performance • Performance against targets • Resourcing

  3. Vision Justice in our society so that people can live in freedom and security Mission To 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 -which is demonstrated through ethical conduct, high moral standards, honesty, moral principles and values, zero tolerance for bribery or corruption, keeping promises, truthfulness and being beyond reproach Accountability - which means being responsible and answerable for our actions Service excellence - which means providing first class customer service and living the Batho Pele principles Professionalism -which can be seen through commitment, dedication, punctuality, competence, and professional conduct in and out of court Credibility which is built by behaving consistently and aiming to inspire belief and trust Vision and Mission

  4. The NPA derives its mandate from section 179 of the Constitution. Section 179(2) expressly empowers the NPA to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental thereto. Furthermore, section 179(4) requires that the NPA must exercise its functions without fear, favour or prejudice. • The National Director of Public Prosecutions (National Director), as head of the NPA, and Directors of Public Prosecutions (DPPs), as the NPA heads at various seats of the high courts, are responsible for ensuring compliance with our constitutional obligations. In terms of section 179(5) of the Constitution, the National Director must determine prosecution policy and issue policy directives, which must be observed in the prosecution process. • The prosecution policy and any amendments thereto must be determined with the concurrence of the Minister responsible for the administration of justice and after consultation with the DPPs. Constitutional Mandate

  5. National Prosecuting Authority Act: In terms of section 20(1) of the NPA Act, the power vests in the prosecuting authority to: • institute and conduct criminal proceedings on behalf of the state • carry out any necessary functions incidental to instituting and conducting such criminal proceedings and • discontinue criminal proceedings Legislative mandates

  6. The NPA, as the sole entity seized with the responsibility of instituting prosecutions on behalf of the state, is legally bound by various pieces of legislation as follows: • Criminal Procedure Act • Prevention of Organised Crime Act • Implementation of the Rome Statute of the International Criminal Court Act • 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 Legislative mandates

  7. 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 Policy Mandate

  8. Increased successful prosecution • Improved prosecution of cases that require specialised prosecution • Ensure that profit is removed from crime • Ensure threatened witnesses are successfully protected (Each objective is linked to a sub-programme as reflected in the ENE) Strategic objectives

  9. National Prosecutions Service (NPS) is primarily responsible for general prosecutions and the appeals that may follow, which include resolving criminal matters outside the formal trial process through alternative dispute resolution mechanisms (ADRM), settling admissions of guilt for minor offences and considering dockets brought by the police where persons have not been charged • National Specialised Prosecutions Services (NSPS) deals with priority crimes, litigation, sexual offences and community affairs, and specialised commercial crime Npa sub-programmes

  10. Asset Forfeiture Unit (AFU) seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process • Office for Witness Protection (OWP)provides protection, support and related services to vulnerable and intimidated witnesses and related persons in judicial proceedings in terms of the Witness Protection Act (1998) • Support Services (SS) provides corporate support services in terms of the finance, human resources, information communication technology, supply chain, and risk management of the NPA Npasub-programmes (cont.)

  11. Highlights of performance • The NPA achieved 77% of its targets compared to 68% last year Overview of performance

  12. Significant overall improvement in courts compared to the previous year • Achievement of all targets: 77%(21) achieved and 23%(7) not achieved • Achievement of ENEtargets: 85%(11) achieved and 15%(2) not achieved • A positive clearance ratio of 3.4% was achieved with 908 364 cases enrolled and 938 638 cases finalised. A total of 30 274 more cases disposed of than received • Ability of the NPA to finalise cases is dependent on inflow of new cases enrolled, coupled with efficient court utilisation of all courts • During 2014/15 a reduced inflow of cases was recorded in all courts, as indicted in the table below with the highest variance in the regional courts Overview of performance

  13. Court utilisation decreased by 2.6% as fewer court days were utilised which resulted in a reduction of court hours • The number of cases withdrawn from the court roll reduced – 11 993 (8.4%) fewer cases were withdrawn compared to the previous year 24 001 (14.4%) – improved screening processes and the implementation of screening teams contributed to this • A reduction of 16 878 is noted in the number of warrants issued for non-appearance by the accused • More cases (277) were removed due to mental referrals as compared to last year (29) • Best ever overall performance recorded for AFU - significantly exceeding the previous best performance in 2013/14 Overview of performance (Cont.)

  14. 1 760 plea and sentence agreements were successfully concluded, a 33% increase compared to 1 323 of the previous financial year. The agreements involved a total of 23 789 counts, representing an average of 13.5 counts per case • The NPA is actively contributing to the fight against corruption and convicted 23 people of corruption and related offences where the amount benefited was more than R5 million Overview of performance (Cont.)

  15. NPA strategic objective 1: increased successful prosecution

  16. TRENDS IN COURT UTILISATION

  17. NPA strategic objective 1: increased successful prosecution

  18. NPA strategic objective 1: increased successful prosecution (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  19. NPA strategic objective 1: increased successful prosecution (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  20. NPA strategic objective 1: increased successful prosecution (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  21. NPA strategic objective 1: increased successful prosecution (Cont.)

  22. NPA strategic objective 1: increased successful prosecution (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  23. NPA strategic objective 1: increased successful prosecution (Cont.)

  24. NPA strategic objective 1: increased successful prosecution (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  25. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  26. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  27. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  28. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  29. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  30. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  31. NPA strategic objective 2: improved prosecution of cases that require specialised prosecution DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  32. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  33. NPA strategic objective 3: Ensure profit is removed from crime (cont.)

  34. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  35. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  36. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  37. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  38. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  39. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  40. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  41. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  42. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  43. NPA strategic objective 3: Ensure profit is removed from crime (cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  44. NPA strategic objective 4: ensure threatened witnesses are successfully protected DEPARTMENTAL PERFORMANCE: PROGRAMME 3 • 13thconsecutive year - no witnesses harmed or threatened • 178 witnesses and 156 related persons joined the WPP during 2014/15 – Four witnesses walked off the WPP • 67 witnesses and 82 related persons successfully discharged and resettled • Protection of witnesses resulted in 13 life terms and 238 sentences of direct imprisonment being imposed in cases in which the witnesses in the programme testified • Guided by section 41 of the Constitution, the OWP has excellent high level cooperation with its partners & stakeholders

  45. Highlight of cases DEPARTMENTAL PERFORMANCE: PROGRAMME 3 • High profile matters – NPA: • Freedom Under Law versus National Director of Public Prosecutions and Others 2014 (1) SACR 111 (GNP) April 2014 • Activities of the Deputy National Directors of Public Prosecutions • National Prosecutions Service (NPS) • High profile cases – (Extradition of ShrienDewani; State vs ShrienDewani; State vs J Arthur Brown; State vs OLC Pistorius; State vs TS Maqubela) • Noteworthy cases – various categorised according to crime types e.g. violent crimes; sexual offences; environmental crimes; serious traffic offences; organised crime etc.

  46. Noteworthy Cases – NPS DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  47. Noteworthy Cases – NPS (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  48. Noteworthy Cases – NPS (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  49. Noteworthy Cases – NPS (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

  50. Noteworthy Cases – NPS (Cont.) DEPARTMENTAL PERFORMANCE: PROGRAMME 3

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