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NPA Presentation to Portfolio Committee

This report provides an overview of the National Prosecuting Authority's budget for the period 2004/5, outlining funding priorities, additional funds allocated, unfunded priorities, expenditure, and achievements in innovative projects and activities. It highlights the challenges faced by the NPA in tackling crime and improving the criminal justice system. The report also delves into the transformation process within the NPA and its strategic goals.

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NPA Presentation to Portfolio Committee

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  1. NPA Presentation to Portfolio Committee Budget Hearing 17 – 18 March 2005 Report to Parliament March 2005

  2. Programme Thursday,17 March 2005 • DSO: DNDPP L Mc Carthy 14h00 Friday,18 March 2005 • NDPP: Overview 09h00 • CEO: MTEF Submission 2004/5 09h15 • CFO: Expenditure& Budget Overview 09h30 • NPS: Director M Mpshe 10h00 • SOCA: Special Director Thoko Majokweni 11h00 • SCCU: Special Director Chris Jordaa 11h30 • PCLU: Special Director Anton Ackermann 12h00 • WPU: Special Director Dawood Adam 12h30 • CS: Deputy CEO Beryl Simelane 13h00 • IMU: DDG D Mvelase 13h30 Report to Parliament March 2005

  3. Introduction & Overview National Director of Public Prosecutions Vusumuzi Patrick Pikoli Report to Parliament March 2005

  4. NPA STRATEGY MAP USING BSC APPROACH Report to Parliament March 2005

  5. Basis of 2004/5 Bid • Crime continues to be a serious problem & barrier to economic growth • NPA performance has improved but the size of the problem is also increasing • Reaching the limits of gains to be made from improving productivity • Cannot be satisfied that enough has been done in terms of making an impact on reduction of crime & increasing confidence in criminal justice system • However simply doing more of the same is neither affordable nor effective in the long term • Transformation process underway in NPA looking for solutions – design phase to be complete June 2005 Report to Parliament March 2005

  6. Funding priorities identified in 2004/5 bid • Community Courts • Sexual Offences Courts & Thuthuzela Centres • Specialised Commercial Crime Courts • Specialist Courts for priority crimes • Top 200 Project • Witness Protection • Accommodation and security • New legal mandates • Job Evaluation • Training • Corporate support Report to Parliament March 2005

  7. Total NPA Bid 2004/5 • NPA requested R276,7m in 2004/5 bid • Received additional funding of R48m Report to Parliament March 2005

  8. NPA MTEF Bid 2004/5 Chief Executive Officer Marion Sparg Report to Parliament March 2005

  9. Additional Funds 2005/6 Report to Parliament March 2005

  10. Additional Funds 2005/6. Report to Parliament March 2005

  11. ‘000 Security – bid was for 52,000 over 2005/6 – 2007/8 cycle Job Evaluation & salary implementation – bid was for 142,535 over 2005/6 – 2007/8 cycle Parole Boards – bid was for 8,512 over 2005/6 – 2007/8 cycle CS Support – bid was for 125,000 over 2005/6 – 2—7/8 cycle ‘000 Training – bid was for 90,000 over 2005/6 – 2007/8 cycle AFU Special Project – bid was for 225,000 over 2005/6 – 2007/8 cycle Unfunded priorities from 2005/6 MTEF cycle Report to Parliament March 2005

  12. ‘000 Community Courts – underfunded by 12,621 over 2005/6 – 2007/8 cycle Top 200 project – underfunded by 33,036 over 2005/6 – 2007/8 cycle Witness Protection – underfunded by 72,000 over 2005/6 – 2007/8 cycle New High Courts – underfunded by 1,000 over 2005/6 – 2007/8 cycle ‘000 Specialist courts – total bid for Sexual Offences Courts, Commercial Crime Courts & other specialist courts amounted to 200,272 and 78,000 was received (if one includes additional SCCU funding from 2004/5 cycle) – resulting in underfunding of 200,194 for specialist courts as a whole Underfunded priorities from 2005/6 MTEF cycle Report to Parliament March 2005

  13. Expenditure 2004/5 & Budget Overview 2005/6 Chief Financial Officer Brian Graham Report to Parliament March 2005

  14. Overall NPA Budget Report to Parliament March 2005

  15. Unit Budget & Performance Report to Parliament March 2005

  16. Special Projects Report to Parliament March 2005

  17. Changes to ENE Report to Parliament March 2005

  18. National Prosecuting Services Director of Public Prosecutions Mokotedi Mpshe Report to Parliament March 2005

  19. Achievements – Innovative Projects • Service Charter launched at Royal Show in Pietermaritzburg – 10,000 leaflets and 2,025 posters distributed countrywide • Court & Case Flow Management – workshops held to align processes to proposals in working document & system piloted in Western Cape • New publications produced to improve communications – Legal Updater (National), Pinetown Cluster Gazette (KZN), Ditaba (Pretoria) and Ethics Manual for Prosecutors (National) Report to Parliament March 2005

  20. Achievements - Activities • Targeted prosecutions – Gangs Pilot Project (W Cape), High Flyers Project (W Cape and WLD), Operation Boachard (KZN) and project dealing with bank robberies and cash-in-transit cases (WLD) • Community Courts – 9 pilot sites, 5061 cases finalised (412 by diversion) • Saturday Courts – discontinued Sept 2004 due to lack of funding – 81 540 cases finalised over three-year period • Sexual Offences Courts – 65 specialised courts, memos for another 25 submitted to department, 78 court preparation officers appointed to assist victims Report to Parliament March 2005

  21. Activities cont. • Hijacking courts – 7 courts in Gauteng finalised 529 cases in past year with conviction rate of 75.43% • Environmental Court in Hermanus achieved conviction rate of 88% in total of 146 cases • Drug Court in Durban achieved conviction rate of 97% and finalises 100 cases per month Report to Parliament March 2005

  22. Specialised tax units • Dedicated units in Johannesburg, Pretoria, Durban and Cape Town & prosecutors assigned in other areas • NPS handed 1,433 cases in 2004 – finalised 188 by January 2005 leaving caseload of 1,077 Report to Parliament March 2005

  23. District Courts • Conviction rate of 87%, exceeding target of 85% • Reduced case cycle time of 89% of cases not older than 6 months, close to achieving target of 90% • Finalised 274, 145 cases by 31/01/05 compared to 274,036 cases in previous year • Outstanding court roll has increased by 6% from 149,531 at end January 2004 to 157,800 at end January 2005 Report to Parliament March 2005

  24. Regional Courts • Achieved target of conviction rate of 75% • Target of 75% cases not older than 6 months not attained as 39% of cases were more than 6 months on the roll resulting in 18% below target • Finalised total of 35,533 cases by end January 2005, representing 15% increase in total of 30,829 cases finalised by end January 2004 • Outstanding roll increased by 4% from 44,521 at end January 2004 to 46,205 at end January 2005 Report to Parliament March 2005

  25. High Courts • Conviction rate of 86%, exceeding target of 85% • Only 4% of cases were longer than 12 months on the role – target was zero% • Still struggling to achieve 10% improvement in finalised cases – annual average of 47% below target • Target of 4 hours for court hours not achieved – average of 3h34 • Total of 2,209 cases finalised during year of which 1,022 were Minimum Sentence cases • At end of January 2005, total of 1,127 cases were outstanding representing 8% increase from 1,047 cases outstanding at end January 2004 Report to Parliament March 2005

  26. NPS Prevalence Audit on Outstanding Cases in Regional & High Courts, Nov 2004 • 41,524 cases captured and analysed • Average length of time to finalise regional court cases I 14 months • Average time to finalise cases in the high court from appearance in district court is 25 months Report to Parliament March 2005

  27. Most prevalent offences Report to Parliament March 2005

  28. Main crime categories Report to Parliament March 2005

  29. Other achievements • Community outreach programmes • Customer survey • Appointment cards for witnesses – 1.5m countrywide • Help Desk in Wynberg Report to Parliament March 2005

  30. Fraud 872 Possession of abalone 156 Theft 137 Transportation of abalone 65 Culpable homicide 53 Dealing in narcotics 38 Rape 30 Drunken driving 27 Corruption 26 Housebreaking 25 Robbery 23 Possession of firearm w/o license 21 Murder 19 Plea & Sentence Agreements Report to Parliament March 2005

  31. Other projects • Awaiting trial special project • Appeal backlog project • Aspirant prosecutors programme • Formal training Report to Parliament March 2005

  32. Financial Constraints 2004/5 • Implementation of outcome of Job Evaluation • Training budget • Financial constraints also impacted on implementation of case flow management, improvement in court hours, reduction in awaiting trial periods and increase in no. of specialised courts Report to Parliament March 2005

  33. Deliverables 2005/6 • Community Prosecutions – public interest litigation, participating in community crime forums and increased community involvement in determining needs, wants & expectations of public • Increasing no. of community and other specialised courts • Implement Case Flow management – reduction of awaiting trial prisoners, children in custody, reduction in cases for trial by using plea bargaining, diversions • Improved partner management • Improved internal Communication Report to Parliament March 2005

  34. Sexual Offences & Community Affairs Unit Special Director Thoko Majokweni Report to Parliament March 2005

  35. Achievements 2004/5 • Three more Thuthuzela Care Centres established in 2004 - Mamelodi, Mmabatho and Galeshewe, -currently have 7 in operation • 54 specialised Sexual Offences courts now in operation with conviction rate of 62% as opposed to 42% in ordinary regional courts • Victim Assistance Project – have appointed victim assistance officers at Thuthuzela Care Centres in Manenburg, Libode, Mdantsane and Baragwanath • Integrated Rape Portal pilot in 40 courts • Education & awareness achieved through partnerships such as that with Premier Soccer League • Public education & awareness workshops held in 10 sites, 2025 people attended • Schools awareness campaign achieved 24% increase in no. of pupils reached Report to Parliament March 2005

  36. Achievements cont. • Multi-disciplinary domestic violence manual launched 29 March 2004 - accredited by SAQA in February 2005 • Project Ndabazitha launched to empower traditional leaders in dealing with domestic violence in rural areas • Domestic Violence Management Sites project conceptualised • Policy work continuing – Interdepartmental Management Team, Human Trafficking Inter-sectoral Task Team, Victim Assistance and Preparation Task Team, Maintenance Task Team and NPA Task Team on Child Justice chaired by SOCA Unit Report to Parliament March 2005

  37. 2005/6 Challenges • Sourcing & administering funding for projects • Difficulty with ensuring multi-disciplinary co-operation • Budget allocation for non-personnel requirements inadequate • Over reliance on donor funding for major projects • Lack of cross-cutting financing policy impacts on interdepartmental work Report to Parliament March 2005

  38. Specialised Commercial Crimes Court Unit Special Director Chris Jordaan Report to Parliament March 2005

  39. Achievements 2004/5 • Enrolled 875 cases • Acquitted 28 cases • Convictions 599 cases • Sentences 576 • Conviction rate 95.53% • Successful roll-out to Durban and Port Elizabeth Report to Parliament March 2005

  40. Financial constraints 2004/5 • Roll-out to Durban & PE scaled down & both units seriously understaffed • Roll-out to CT, Bloemfontein & Germiston could not be implemented • RAF units operating on skeleton staff Report to Parliament March 2005

  41. Challenges 2005/6 • Implementation of roll-out to Cape Town & Port Elizabeth will be scaled down due to funding constraints • Finding funds to adequately resource existing offices including RAF • Recruitment of skilled staff • Reducing unacceptably high Case loads per prosecutor • Reducing backlog of cases Report to Parliament March 2005

  42. Priority Crimes Litigation Unit Special Director Anton Ackerman Report to Parliament March 2005

  43. Mandate Unit is tasked with investigation & prosecution of serious national and international crimes which impact on state security, as well as prosecution of cases arising arising from TRC and tracing of missing persons as reported by TRC Report to Parliament March 2005

  44. Achievements 2004/5 • Prosecutions in relation to proliferation legislation – State vs.. Gelges & Wisser,State Vs Topcape Technology & State vs. African Amines • Conventional arms control – State vs. Campbell, State vs. Grobelaar • Regulation of foreign military assistance – State vs. Roget, State vs. Alberts, attempt to overthrow Government of Equatorial Guinea • Statute of Rome – no. of sensitive investigations and assistance given to ICC in genocide investigation in DRC and elsewhere in Africa • No. of cases evaluated relating to state security including so-called plot to assassinate President, role of 2 SA’s arrested in Pakistan and presence in SA of persons listed on UN terrorists list • State vs. Wouter Basson on appeal to Constitutional Court • TRC missing persons – 480 cases warranting investigation identified, remains of 22 MK operatives located & exhumations are in progress Report to Parliament March 2005

  45. Financial Constraints 2004/5 • Unit is experiencing financial constraints both with respect to personnel and non-personnel requirements • Current budget allocation inadequate for unit to fulfill its mandate Report to Parliament March 2005

  46. Challenges 2005/6 • World becoming increasingly involved in conflict, including Africa • No. of cases relating to state security expected to increase • Govt. concerned at no. of SA’s involved in conflict in Iraq • Wouter Basson matter will take up much of the unit’s current capacity if successful • Missing persons project currently underway • In April 2005 new Anti-Terrorist Legislation will come into effect & will place additional burden on unit Report to Parliament March 2005

  47. Witness Protection Unit Special Director Dawood Adam Report to Parliament March 2005

  48. Achievements 2004/5 • Witnesses assassinated – none since December 2000 • Enhanced confidence in WPU resulted in increase of no. of witnesses admitted to programme – 296 in 2001/2, 375 in 2002/3 and 442 in 2003/4 • Reduction in no. of grievances- dropped from 90% rate in 2001/2 to 3% in 2004/5 • Reduction in no. of witnesses walking off programme – dropped from 40% in 2001/2 to 6% in 2004/5 • Reduce cycle time due to fast-tracking of cases -reduced from 4 years in 2001/2 to 2.5 years in 2004/5 • World Standard – WPU RSA acclaimed as leader in witness protection Report to Parliament March 2005

  49. Achievements cont. • Contribution to prosecutions and value for money: 3227 years in jail terms and 159 years in life terms for 2004/5 compared to 2542 years and 128 years respectively for 2003/4 • Successful re-integration into society: 100% for 2004/5 compared to 90% for 2003/4 • Favourable opinion from AG for past 3 years • Specialised operational training course developed against SAQA & B-Tech standard level 5 Report to Parliament March 2005

  50. Financial Constraints 2004/5 • Attempted to introduce new operating model • By mid-term had to implement budget containment steps • R11m over budget for 2004/5 • Allocation for 2004/5 inadequate to meet demands and expectations, to continue with redesign & transformation of unit and to comply with mandate of WPP Act Report to Parliament March 2005

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