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PRESENTATION ON THE NPA FIRST QUARTERLY PERFORMANCE REPORT 2010/11 FINANCIAL YEAR

PRESENTATION ON THE NPA FIRST QUARTERLY PERFORMANCE REPORT 2010/11 FINANCIAL YEAR Adv. Menzi Simelane National Director of Public Prosecutions. Scope of Presentation. Introduction and Background Key Areas of Determined Priorities Challenges Forecast for Next Quarter. 2 2.

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PRESENTATION ON THE NPA FIRST QUARTERLY PERFORMANCE REPORT 2010/11 FINANCIAL YEAR

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  1. PRESENTATION ON THE NPA FIRST QUARTERLY PERFORMANCE REPORT 2010/11 FINANCIAL YEAR Adv. Menzi Simelane National Director of Public Prosecutions

  2. Scope of Presentation • Introduction and Background • Key Areas of Determined Priorities • Challenges • Forecast for Next Quarter 22

  3. Introduction and Background • NPA Strategic Plan 2010- 2015 • JCPS Delivery Agreement • Overall Performance 33 3

  4. Key Areas of Determined Priorities 44 4

  5. 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. 55

  6. Key Measurable Objectives • Increase the number of cases finalised by 4 % per annum • Reduce the number of backlog cases by 2.5% per annum • Increase the number of cases finalised (including diversion) by 5% • Increase the number of cases finalised by the specialised commercial crime by 2 % • Combat corruption by successfully convicting 100 people by 2014 who have assets of more than R5m restraint. • Establish 5 additional TCC per year • Ensure that no witnesses are harmed or threatened while on the witness protection programme • Reduce the percentage of witnesses that walk off the programme • Increase the value of freezing orders by 8.4% per annum from R330m to 420m 66

  7. NPA STRATEGIC FRAMEWORK Sub-Programme Measurable Objective Strategy 1. Public Prosecutions 1.1 To increase the number of cases finalised successfully 1.1.1 Deliver a speedy, quality prosecution within the prescripts of the law. 1.1.2 Build sound relations with key partners and stakeholders 1.2 To increase the use of alternative ways of delivering justice 1.2.1 Use suitable alternatives to punitive justice 1.3 To improve prosecutorial efficiency to deal with specific crime 1.3.1 Develop dedicated capabilities for crime focus areas 1.4 To improve justice services for the victims of sexual offences 1.4.1 Increase the number of TCCs 2. Office for Witness Protection 2.1 To increase the successful protection and support of vulnerable and intimidated witnesses 2.1.1 Ensure that no witnesses are harmed or threatened 2.1.2 Reduce the walk offs from the programme 3. Asset Forfeiture 3.1 To contribute to reducing the incentive for crime 3.1.1 Increase the impact of asset forfeiture 3.1.2 Maintain a high success rate 7

  8. Additional Performance Indicators • Increase the number of restraint orders for at least R5m in respect of persons convicted of corruption: • Increase the number of Charge sheets / Indictments on complex commercial crime cases • Increase the number of cases finalised including ADRM by means of measurements per day • Number of cases diverted per month with children in conflict with the law • Reduction in the number of Backlog cases • Positive Clearance Ratio on Decision dockets received within a month • 85% of Formal Representations dealt with per month • 85% of MLA matters dealt with per month • 85% of Extradition applications dealt with per month • 30 persons trained on Legal drafting / indictments / charge sheets per month • 30 persons trained on civil / motions per month 88

  9. Performance Overview of Public Prosecutions 2010/11 99 9

  10. Performance Overview of Public Prosecutions 10

  11. Service Delivery Achievements: 1111

  12. Service Delivery Achievements: Additional Indicators Additional Indicators Forum Target Q1 Actual Q1 Progress Cases finalised incl ADRM District Court 3 cases pc pd 2.4 cases pc pd -21.1% Regional Court 0.7 cases pc pd 0.6 cases pc pd -18.8% High Court 0.2 cases pc pd 0.11 cases pc pd -46.1% Number of cases diverted p/m with children in conflict with the law All Courts 4043.3 3321 -17.9% Reduction in the number of Backlog cases District Court 10% older 6m 14% -4.3% Regional Court 25% older 9m 32% -6.6% High Court 25% older 12m 22% 2.8% Positive Clearance Ratio on Decision dockets received within a month District Court 100% 94.9% -5.1% Regional Court 100% 95.3% -4.7% High Court 100% 63.0% -37.0% 1212

  13. Service Delivery Achievements: Additional Indicators 1313

  14. Plea and Sentence Agreements: 1414

  15. Plea and Sentence Agreements: Crime Category 15 1515

  16. Diversions in terms of the Child Justice Act 16 1616

  17. Diversions in terms of the Child Justice Act 17 1717

  18. Performance Overview of Sexual Offences and Community Affairs (SOCA) • 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 • Systematically reduce secondary victimisation 1818 18

  19. Service Delivery Achievements 19

  20. DIRECTOR OF PUBLIC PROSECUTIONS UNDER INVESTIGATION OUTSTANDING CASES FINALISED CASES NATIONALITY OF ACCUSED NATIONALITY OF VICTIM Western Cape Division 1 RSA RSA 1 NIGERIAN RSA / LESOTHO North West Division 1 South Gauteng Division 1 THAI THAI 1 - - 1 1 INDIA INDIA 1 RSA / ROMANIAN THAI / ROMANIA / RUSSIA / BULGARIA KwaZulu-Natal Division 1 RSA / THAI THAI 1 RSA / THAI THAI 1 RSA THAI 1 RSA RSA 1 THAI THAI 1 THAI THAI TOTAL: 3 4 7 Human Trafficking Cases: 20

  21. Performance Overview of Witness Protection Unit Purpose The OWP provides a support service to the CJS by giving protection to threatened or intimidated witnesses (and related persons) by placing them under protection, thus ensuring that they will testify in criminal and other defined judicial proceedings Measurable Objective To reduce the number of witnesses who abandon the witness protection programme. 2121 21

  22. Service Delivery Achievements 22

  23. Performance Overview of Specialised Commercial Crime Unit (SCCU) Purpose The SCCU has continued in terms of its mandate with the Complex Commercial Crime Branch of the DPCI of the South African Police Force (SAPF) to address the issues around the prosecution of complex commercial crime cases. Measurable Objective To improve prosecutorial efficiency in dealing with complex commercial crime by increasing the number of cases finalised by 2% from 1436 in 2009/10 to 1585 in 2014/15 and by convicting 100 people of corruption and constraining their assets to the value of at least R5million. 2323 23

  24. Service Delivery Achievements 24

  25. SCCU Finalised Cases: 2525

  26. Prevention and Combating of Corrupt Activities Act (PCCAA) 2626

  27. Economic Impact made: • 48 New corruption cases of Public Officials • 88 Complex Tax cases finalised with 97,7% conviction rate • Whistle Blowing Policy signed June 2010 • 57% of Plea agreements on economic offences • 10 Commercial Crime Courts finalised 163 cases with 91.4% conviction rate • 5 new racketeering authorisations granted 2727

  28. Performance Overview of Asset Forfeiture Unit Purpose The purpose of the AFU is to seize criminal assets that are the proceeds of crime or have been involved in the commission of an offence either through a criminal or civil process. Measurable Objective Contribute to reducing the incentive of crime by removing its proceeds from the control of criminals and by increasing the value of freezing orders (court orders to freeze an individual’s assets) from R330 million in 2008/09 to R420 million in 2011/12. 2828 28

  29. Service Delivery Achievements 29

  30. Service Delivery Achievements: Additional Indicators 3030

  31. Challenges • An improvement in the following areas has been identified and will enhance performance of the courts: • Reduction of backlogs at both regional and district court level; • Improved case flow management and efficiency at court level; • Improved finalization rates in all cases; • Improved use of restorative justice and ADR; • Strengthening of governance and monitoring aspects; and • Expedite the filling of vacancies; • More diversion programmes to be established in co-operation with DSD • Lack of manpower at WPU • Additional budget allocated to the AFU for the former DSO staff insufficient 3131

  32. Forecast for the Next Quarter • Emphasis will in the next quarter be to eradicate the backlog cases as far as possible, to improve productivity especially in the Regional Courts as well as in those Magistrates’ Courts where the backlogs are high and to engage all partners’ and stakeholders’ support in the interest of better service delivery to the people. • The finalisation of the Delivery Agreement for the cluster will also have implications for the NPA and a greater focus on the outputs will be expected. Amongst these will be a renewed focus on the CJS Review and an acceleration of the changes required in terms of the 7-point plan. 3232 32

  33. Forecast for the Next Quarter • The governance division will focus on the evaluation and monitoring of the performance of the regions to ensure that objectives as set out in the strategic plan are realized. Further focused approach will be followed to: • Strengthen the lower courts with the wealth of experience in the High Court and management; and • Strengthen Case Flow Management at Regional court level through Stakeholder engagement. 3333 33

  34. Thank you 3434 34

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