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NPS Report to Portfolio Committee – May 2007

NPS Report to Portfolio Committee – May 2007. Presented by: Deputy National Director of Public Prosecutions Adv. MJ Mpshe SC. Report comprises:. Part 1: Delivery Part 2: Customer Management Part 3: Resourcing Part 4: Challenges Part 5: Resolutions. Part 1: Delivery. Objective:

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NPS Report to Portfolio Committee – May 2007

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  1. NPS Report to Portfolio Committee – May 2007 Presented by: Deputy National Director of Public Prosecutions Adv. MJ Mpshe SC

  2. Report comprises: • Part 1: Delivery • Part 2: Customer Management • Part 3: Resourcing • Part 4: Challenges • Part 5: Resolutions

  3. Part 1: Delivery • Objective: Effective and Efficient Prosecution of Cases • Deliverable: Deliver as Speedily as possible

  4. Court and Case Flow Management • The NPA has fully embraced court and case flow management (CFM) practices and principles; • A formal training program for Lower Court prosecutors has been developed to ensure that CFM is practiced uniformly and consistently throughout South Africa; • The need to improve the preparation of court work by prosecutors has been identified - a general project is being launched to embrace these efforts with the prime goal of increasing the finalization rate of cases.

  5. Overview of Performance of all Courts

  6. PERFORMANCE INDICATORS:Lower Courts: Court Hours

  7. PERFORMANCE INDICATORS:High Courts: Court Hours

  8. PERFORMANCE INDICATORS:Lower Courts: New Cases

  9. PERFORMANCE INDICATORS:High Courts: New Cases

  10. PERFORMANCE INDICATORS:Lower Courts: Cases Removed

  11. PERFORMANCE INDICATORS:High Courts: Cases Removed

  12. PERFORMANCE INDICATORS:Lower Courts: Finalisation Rate

  13. PERFORMANCE INDICATORS:District Courts: Finalisation Rate

  14. PERFORMANCE INDICATORS:Regional Courts: Finalisation Rate

  15. PERFORMANCE INDICATORS:Lower Courts:Plea Bargaining

  16. PERFORMANCE INDICATORS:Lower Courts: Finalisation Rate • Alternative Dispute Resolution (ADR): • Diversion • Admission of Guilt

  17. PERFORMANCE INDICATORS:ADR: Diversions

  18. PERFORMANCE INDICATORS: ADR: Admissions of Guilt (AG):

  19. PERFORMANCE INDICATORS:High Courts: Finalisation Rate

  20. PERFORMANCE INDICATORS:High Courts: Minimum Sentences

  21. PERFORMANCE INDICATORS:Finalization Rate (FR): • Factors impacting FR negatively • Non-uniform application of CFM guidelines • Vacancies • Warrants • Court days • More accused, more counts per case • Increase in Economic Crime

  22. Factors impacting FR negatively:Impact of CFM: • No proper roll planning – too few cases scheduled per day; • Non- adherence to court hours; • Low productivity on Fridays; • Multiple postponements granted on request of legal representative

  23. Factors impacting FR negatively:Reasons for Postponements

  24. Factors impacting FR negatively:Alternative measures: • Plea Bargaining and Diversion processes depend on proper negotiations with all parties concerned; • Impact on effective utilization of court hours; • Court hours reflect only actual time spent in court.

  25. Factors impacting FR negatively:Vacancies

  26. Factors impacting FR negatively:Warrants: Ave of 14 605 issued p/m

  27. Factors impacting FR negatively:Court Days:

  28. Factors impacting FR negatively:More Accused, more counts per case:

  29. Factors impacting FR negatively:Increased Economic Crime

  30. PERFORMANCE INDICATORS:Lower Courts: Case Cycle Times

  31. PERFORMANCE INDICATORS:High Courts: Case Cycle Times

  32. PERFORMANCE INDICATORS:Lower Courts: Conviction Rate

  33. PERFORMANCE INDICATORS:High Courts: Conviction Rate

  34. PERFORMANCE INDICATORS:Lower Courts: Outstanding Roll

  35. PERFORMANCE INDICATORS:District Courts: Outstanding Roll

  36. PERFORMANCE INDICATORS:Regional Courts: Outstanding Roll

  37. PERFORMANCE INDICATORS:High Courts: Outstanding Roll

  38. PERFORMANCE INDICATORS:High Courts: Appeal Backlogs

  39. PERFORMANCE INDICATORS:Regional Courts: Backlog Project Objective: • To reduce court backlogs by 20% in District, Regional and High courts with effect from 16 August 2006 till the end of the financial year; and to reduce the appeal backlog by 40%. • To ensure the numbers of new matters coming into court are balanced by matters concluded. • To ensure greater court efficiency and effectiveness, including alternative methods of dealing with demand, across the greater Integrated Justice System value chain.

  40. PERFORMANCE INDICATORS:Regional Courts:Backlog Project Initial focus placed on 5 (five) Regional courts identified as backlog hotspot sites and interventions started there on 1 November 2006: • Pietermaritzburg Regional Courts in KZN (76% Backlog cases); • Port Elizabeth Regional Courts in Eastern Cape (61% Backlog cases); • Pretoria Regional Courts in Gauteng (58% Backlog cases); • Bellville Cluster in Western Cape (Regional Courts of both Bellville (39%) and Kuilsriver (53%) to be dealt with at Kuilsriver); • Protea Regional Courts in Gauteng (60% Backlog cases) – However in view of accommodation constraints this site dealt with the backlogs through only Saturday courts.

  41. PERFORMANCE INDICATORS:Regional Courts: Backlog Project

  42. DEDICATED COURTS:Dedicated Sexual Offences Courts • 60 Regional Courts on average per month dedicated to sexual offences; • 5240 cases finalised with a 65% conviction rate during 06/07; • 5474 cases were finalised with a 66% conviction rate during 05/06. • Results obtained from the audit conducted on all outstanding cases in the Regional and High Courts during 2006 have shown that 21.7% of all charges comprised sexual offences which constituted a slight reduction from the 24% during the 2005 audit.

  43. DEDICATED COURTS:Case Cycle Times

  44. Part 1: Delivery continued • Objective: Contribute to Crime Prevention and Community Justice • Deliverable: Explore the Role of NPS in Crime Prevention and Community Justice

  45. Community Justice Community Courts: • State President announced in 2004 at least two Community Courts per province will be established • Defined as: “Courts that utilise an integrated approach to combating crime, improving access to justice and promoting community participation.” • 11 Courts with negotiations for further 13 Community Courts

  46. Community Justice Community Prosecutions Objectives • Develop NPA concept of Community Prosecution • Test if community justice is a viable option and to understand the impact of process on organization. • Adopt a problem solving approach to dealing with crime and become pro-active in resolving conflict by utilizing alternative and varied law enforcement mechanisms. • Clearly define functions + profile of Community Prosecutor. • Involve community, law enforcement agencies and other partners and stakeholders in crime prevention strategies Achievements: • Nine pilot sites, one per province • Guidelines were drafted and signed off • Ongoing monitoring and evaluation • Four of the five training workshops took place

  47. Crime Prevention Organised Crime Initiative • Joint initiative between the NPS, AFU and SAP • 68 more posts to be created for the appointment of dedicated prosecutors • Memorandum of Understanding between SAPS and NPA being drafted. Specialist Tax Units • Created during 2003 • 24 posts exist nationally in the STU’s • 2004/2005 cases finalised and prosecutions led to the conviction of 301 accused persons/entities. • 2005/2006 cases finalised and prosecutions led to 382 convictions (a 27% increase)

  48. PROJECT CLEAN-UPAs at end of February 2007:

  49. Part 2: Customer Management • Objective: Manage Cases Effectively And Efficiently • Deliverable: Implement Batho Pele and Build Understanding of NPS Processes and Role

  50. Customer Management • Court Preparation Programme: • assist victims of crimes and in particular abused children • presently 68 Court Preparation Officials • work study determined another 72 needed • Witness Care Centre (Thlokomelo Ya Dipaki): • Pilot project at Hatfield Community Court in partnership with the Tshwane University of Technology • Holistic approach ensures that witnesses: • are kept informed of developments in cases • are informed of reasons for decisions made • are assisted in having concerns, fears and needs identified and addressed

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