PRESENTATION ON THE NPA STRATEGIC PLAN 2015 2010/11 FINANCIAL YEAR Adv. M Simelane NDPP

1. PRESENTATION ON THE NPA STRATEGIC PLAN 2015 2010/11 FINANCIAL YEAR Adv. M Simelane NDPP

2. Overview of Presentation • Legislative framework and requirements • Structure • Strategic goals • Measurable objectives and targets • Strategies

3. Legislative Framework • The NPA was established in terms of section 179(2) of the Constitution 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. • These powers are confirmed in section 20 of the NPA Act. 3

4. Legislative Requirements • Section 5 of the NPA establishes an Office of the NDPP which shall consist of: • NDPP (head of office and controls the office) • DNDPPs • Investigating Directors and Special Directors • Other members of the NPA assigned to the office • Members of the administrative staff of the office • An office for the NPA is established at each seat of the High Court (Section 6(1)) 4

5. Roles of the Directors of Public Prosecutions (DPPs) • Section 24(1) of the NPA Act sets out the powers of the DPPs as follows: • Institute and conduct criminal proceedings and to carry out functions incidental thereto • Supervise, direct and coordinate the work of DDPPs and prosecutors in region • Supervise, direct and coordinate specific investigations • Carry out any other functions or duties in terms of the law or the NPA Act.

6. Roles of the DPPs The NPA strategy restores the focus on the role the DPP as the prosecutorial decision making authority in the NPA All prosecutorial regional functions are centralised under the DPP The NDPP will exercise oversight through enterprise performance management 6

7. Public Service Act and Regulations • Section 1 of the Public Service Act defines a Department as a “national government component, the Office of a Premier, a provincial department or a provincial government component.” • Head of Department means “the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes any employee acting in such post” • In terms of section 36 of the NPA Act the DG is the Accounting Officer for the NPA • In terms of the PFMA the Head of the Department is the Accounting Officer 7

8. Structure of the NPA • The structure has been aligned to provisions of the NPA Act • The regional focus areas are aligned to government crime priorities • A detailed discussion of the structure is contained on pages 11-20 of the strategic plan 8

9. Structure of the NPA

10. Structure : Office of the NDPP • Capacity established to deal with the following: • Public Interest Litigation • Corporate Governance and Administration • Integrity Management • Legal Services • Organised Crime Prosecutions • Complex Commercial Crime • Asset Forfeiture • Sexual Offences and Community Affairs • Priority Crimes Litigation 10

11. Structure: DPP Offices • In line with government priorities coordinators have been identified to manage the following crime focus areas: • General Prosecution • Specialised Prosecution • Complex Commercial Crime (old SCCU) • Organised Crime • Asset Forfeiture • Corporate Governance 11

12. Government Crime Focus Areas Serious and violent crimes Hijacking, business and house robberies (trio crimes) Contact crimes such as murder, rape, and assault Corruption and fraud in procurement and tender processes, and in applications for drivers’ licences, social grants, and identity documents etc. Protection of environmental assets and natural resources 12

13. General Prosecution Focus Areas • Focus on the bulk of the work • Include specific focus on: • Violent crimes • Trio crimes • Contact crimes such as murder, rape and assault

14. Specialised Prosecution Crime Focus Areas • Crimes against women and children • Maintenance • Protection orders • Competition law • Environmental crimes • Corruption in government • Corruption of foreign public officials • Specialised tax

15. Complex Commercial Crime and Organised Crime • Complex Commercial crime will focus on the apex of the criminal activity in this focus area • Organised crime will be the main service provider to the Hawks and focus on the method of commission of the crime rather being crime specific

16. JCPS Stated Priorities Addressing the overall levels of crime Improving effectiveness and ensuring the integration of the CJS Combat corruption within the JCPS cluster to enhance its effectiveness and its ability to serve as deterrent against crime Corruption (in general) Manage the perception of crime among the population 16

17. JCPS targets for NPA to contribute towards achieving • Finalising more criminal cases by 2% per annum • Reducing case backlogs by 10% (2.5% pa) • Increasing the number of cases finalised including ADRM by 20% (5% pa) • Reducing the period of remand detention • Successfully convict 100 people of corruption by 2014 that have assets of more than R5m restrained. • Increase in the number of Thuthuzela Care Centres with 50% to 35 17

18. Key Strategic Goals • The NPA has two strategic goals: • Excellent governance • Excellent delivery • The NPA strategy supports the implementation of the intergovernmental programmes and activities in particular the JCPS (page 23- 24). • The targets and measurable objectives are aligned to these priorities 18

19. Vote 23 Justice and Constitutional Development • NPA is programme 4 in the DoJ&CD vote • Public Prosecutions: provides for general prosecutions and several specialist prosecution units • Office for Witness Protection: provides for protection, support and related services to witnesses. • Asset Forfeiture: seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process. • Support Services: accounts for the corporate services component (will not plan for this unit and will be incorporated in the DoJ&CD)

20. Vision and Mission 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.

21. Key Measurable Objectives Increase the number of cases finalised by 4 % from 317 677 to 386 503 in 2014/15 Reduce the number of backlog cases by 2.5% per annum from 37 405 to 33 039 Increase the number of cases finalised (including diversion) by 5% from 404 229 to 515 910 Increase the number of cases finalised by the specialised commercial crime by 2 % from 1 436 to 1 585 Combat corruption by successfully convicting 100 people and constraining their assets to the value of at least R5m.

22. Key Measurable Objectives (cont.) • Establish 5 additional TCC per year from 20 to 45 • Ensure that no witnesses are harmed or threatened while on the witness protection programme • Reduce the percentage of witnesses that walk off the programme from 40% to 12% • Increase the value of freezing orders from R400 million to R500 million

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24. Budget Allocation 24

25. Sub-programme 1: Public Prosecutions • Primary national responsibility to institute criminal proceedings and performing related functions • Provides prosecuting services in all Courts in all 9 provinces • Focuses on certain crime categories as set out above • Apart from appeals, civil litigation and prosecution of cases, also focuses on resolution of criminal matters

26. Public Prosecutions - Strategies • Public prosecution will implement the following strategies: • Deliver a speedy, quality prosecution within the prescripts of the law • Build sound relations with key stakeholders and partners • Use suitable alternatives to punitive justice • Develop a dedicated capabilities for crime focus areas • Increase the number of Thuthuzela Care Centres • Initiatives have been identified for each of the strategies

27. Deliver a speedy, quality prosecution within the prescripts of the law • The following initiatives will be implemented: • Operations Management • Case Flow Management • Case Backlogs • DoJ&CD Accessibility Project • Screening of Cases • Asset Forfeiture • Witness Protection • Court preparation

28. Build sound relations with key stakeholders and partners • Key stakeholder have been identified • Relations will be built and maintained • The NPA reliance on stakeholders for attainment of goals is acknowledged • Joint target setting in the cluster will greatly contribute to the NPA achieving its targets

29. Use suitable alternatives to punitive justice • Increase focus on use of informal methods of case resolution that is not punitive in nature • Focus on increasing diversion of children in conflict with the law and general implementation of the Child Justice Act • Lack of suitable programmes and service providers in some areas to be addressed 29

30. Develop dedicated capabilities for crime focus areas • Coordinators to address crime focus areas • Regional specific strategies to be developed to address phenomena in regions 30

31. Increase the number of Thuthuzela Care Centres • Roll out additional TCCs to continue • No funding from National Treasury which impacts on sustainability • Accounting Officer will be requested to submit proposal in this regard • Remains a JCPS target 31

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33. Resourcing Plan • Prosecutions Workplace Skills Development Forum-chaired to be established • Internship programme to be extended with a strong focus on Employment Equity • Continue with the aspirant prosecutor programme • Bridging programmes to be introduced at higher levels 33

34. Resourcing Plan (cont.) • Future leaders programme to be implemented to build capacity for top levels with employment equity in mind • Additional staff will be required to meet increased demand due to increase in SAPS members. • Vacancy rate to be addressed (reported in 08/09 as 24.9% 34

35. Vacancy Rate of Prosecutorial staff 35

36. Sub-programme 2: Office for Witness Protection • Measures • Ensure that no witnesses are harmed or threatened while on the programme • Reduce the number of witnesses that abandon the programme 36

37. OWP: Strategies • Integrated in overall prosecution strategy for successful prosecution • Address factors leading to walk offs • Reduce turnaround times for finalising cases • Improve stakeholder engagement 37

38. OWP: Measures and Targets 38

39. Sub-programme 3: Asset Forfeiture (AF) • The AF employs two strategies to reduce the incentive for crime: • Increase the impact of asset forfeiture • Maintain a high success rate 39

40. Increase the impact of asset forfeiture • Investigators seconded to SIU-return as financial investigators • Continue with co-location with SAPS to assist in criminal investigation and asset tracing • Relationship being built with Hawks • New regional focus areas can provide new markets: specialised crime, organised crime and complex commercial crime • Focus on government priority crimes • Lack of adequate staffing to meet demand – outer years budget input provided to address this • Continue to build capacity in SADC • Explore drafting of papers by prosecutors to increase impact

41. Maintain high success rate • Case selection critical • Monitoring continue • Skills development and reducing reliance on outside counsel 41

42. Measurable Strategies Measure/ indicator 2010/1 2011/1 2012/ 2013/ 2014/ objective 1 target 2 target 13 14 15 target target target 3 .1 To 3 .1.1 Increase the Number of new 300 310 330 350 37 5 contribute to impact of asset completed forfeiture reducing the forfeiture cases incentive for Number of new 310 330 350 37 5 400 crime freezing orders Value of new 400 420 440 4 70 500 freezing orders (Rm) Number of restraint 10 20 35 35 40 orders for at least R5m in respect of Persons convicted of corruption 3 .1.2. Maintain a Success rate 86% 86% 86% 86% 86% high success rate AFU Measures and Targets 42

43. Sub-programme 4: Support Service • Corporate Services to be integrated with DoJ&CD • Role of DG as Accounting Officer acknowledged • Control over human resource management and development as well budgeting and expenditure will be maintained • Accommodation and provisioning of resources and equipment in Lower Courts remains a concern • The DG will be engaged on these areas 43

44. Transformation • Transformed workforce with sound work ethic required for successful implementation • Issues of employment equity in the higher levels (12 and up) and lack of disabled personnel requires urgent attention • Transformation strategy to be developed and implemented. • NPA national and international reporting responsibility acknowledged 44

45. 2010 FIFA World Cup • DoJ&CD is the project leader • Well established project with clear deliverables and deadlines • The NPA will continue to participate in the project • Success is expected over the period as the Department is well prepared 45

46. CJS Review • The CJS Review is aimed at establishing a new, modernised, efficient and transformed CJS. • The NPA actively participates in the review and the various sub-committees. • Strategic integration • Protocols developed • Integrated information management system

47. Thank you 47