THE YEAR THAT WAS: Performance and Achievements

1. National Prosecuting Authority Briefing to Parliament by the National Director of Public Prosecutions Bulelani Ngcuka 17-18 June 2004 • Asset Forfeiture Unit (AFU) • Directorate of Special Operations (Scorpions) • National Prosecutions Service (NPS) • Specialised Commercial Crime Unit (SCCU) • Sexual Offences & Community Affairs Unit (SOCA) • Witness Protection Unit (WPU) .• Priority Crimes Litigation Unit (PLCU) .• Integrity Management Unit (IMU) .• Corporate Services (CS)

2. THE YEAR THAT WAS: Performance and Achievements

3. INTRODUCTION • I am once again honoured to report on the work of the NPA during 2003/2004 financial year. • This year is of particular significance as we report in a time when the country is celebrating 10 years of democracy and freedom; and the NPA is celebrating 5 years of its existence and service excellence to the people of South Africa.

4. INTRODUCTION • We have achieved most of the objectives we have set and are continuing to seek innovative ways to deal with crime. • We have remained committed to our vision “Justice in our society so that people can live in freedom and security” and to the legal principle that compels the NPA to perform its functions without “fear, favour or prejudice”.

5. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Has been a progressive increase in the total number of court hours in all the Courts over the past 4 years. • In the High Courts there were a slight increase: 2001/2002: 3:25 • 2002/2003 3:28 • 2003/2004 3:29 • The Regional Courts increased from 4h11 to 4h12 and 3h53 to 3h56 in Periodical Courts.

6. National Prosecution Service “Providing effective, efficient and credible prosecution services” • District Court hours exceeded 4h00 per day (except for December 2003 and January 2004). • The Conviction rates have improved significantly: • High Courts • 2001/2002: 77% • 2002/2003: 82% • 2003/2004: 87%

7. National Prosecution Service “Providing effective, efficient and credible prosecution services” • The 2002/2003 target for convictions in the District Courts were exceeded: • 2002/2003: 84% • 2003/2004: 86% • The Regional Courts achieved a 70% conviction rate. • Also of significance is the decline in number of withdrawals in the District Courts: 54 483 less cases than 2002/2003. • “No case no enrolment policy” seems to be working.

8. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Specialist Courts: Sexual Offences • Child Abuse Courts finalised 4254 cases in 2003/2004 compared to 2283 cases during 2002/2003. • 29 271 sexual offences cases finalised: 70% rape, 13% indecent assault, 7% attempted rape and 3% statutory rape. • Conviction rates were as follows: • High Courts: 85%. • Regional Courts: 42% • Sexual Offences Courts: 62%

9. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Specialist Courts: • Saturday and Additional Courts • Since its implementation in 2001, total of 57 214 cases have been finalised. • Hi-jacking Courts: • Finalised 162 cases in the first 5 months and have exceeded the finalisation rate (of 8 cases per month) by finalising 20 cases per court per month. • Conviction rate for 2003/4 was 78%, which is 8% higher than the conviction rate of cases in the Regional Courts (70%).

10. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Bank Robbery/Cash-in-transit Courts: • These cases have been prioritised in specific courts since September 2003. • 100 cases, with 60 relating to bank robberies and 40 to cash-in-transit robberies. • 7 cases were finalised with a conviction rate of 86%.

11. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Specialist Courts: Drug Court • Specialist Drug Court to deal with all drug-related cases established in Durban January 2003. • Court has been very successful – finalised 1537 cases during 2003/2004. • Average conviction rate of 98%.

12. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Specialist Courts: Environmental Courts • Established in Hermanus in mid-February 2003 to focus on abalone and crayfish cases. • 114 cases were finalised during February 2003 – January 2004. • An average conviction rate of 68% was achieved. • A second specialist court was launched on 23 February 2004 to focus on abalone cases.

13. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Plea bargaining and Sentence Agreements • Increased our efforts to negotiate plea and sentence agreements. • Special Commercial Crimes Court recorded that more than 60% of their cases the accused entered into plea and sentence agreements. • Total of 220 cases in the NPS were finalised through plea bargaining.

14. National Prosecution Service “Providing effective, efficient and credible prosecution services” • Specialist Courts: Community Court: Hatfield • First Community Court of its kind – established in collaboration with various role players. • Showed early success – first month of its operation, 264 cases were finalised with a 99% conviction rate.

15. Directorate of Special Operations “Fighting organised crime” • DSO has finalised a number of investigations and prosecutions with major impact. The following can be highlighted as examples of successes achieved by the DSO: • (a) Drugs valued at more than R1billion were confiscated from Chinese syndicates: 107 arrests and 41 prosecutions resulted. The social costs of the drugs confiscated amounted to more than R2billion.

16. Directorate of Special Operations “Fighting organised crime” (b) R100million estate fraud – successfully investigated and prosecuted (Halgryn). (c) Golden Arrow Bus-case, the accused was convicted on subsidy fraud and the directors and company paid fines of R6million and R6million into CARA. R45million was paid to the Department of Transport. (d) 17 convictions in the RAF cases achieved through plea bargaining have bolstered the image of RAF to deal with internal corruption.

17. Directorate of Special Operations “Fighting organised crime” (e) The conviction of 5 officials in the Department of Marine and Coastal Management and 5 fishing bosses in the Western Cape has gone a long way to clean up the fishing industry. (f) Inroads into foreign crime syndicates using financial institutions are being made. Assets of R8.9million have been forfeited and confiscated in respect of suspicious transaction from a Netherlands Bank.

18. Directorate of Special Operations “Fighting organised crime” (g) 61 individuals purported to be from West African origin arrested for advance fee fraud using the Internet.(S v Williams; S v Adodamo; S v Uguckukiwu). (h) 7 syndicates were disrupted when 18 of their members (operating in SA, Europe and North America) were convicted for racketeering and money laundering. Assets to the value of R8.9million were confiscated.

19. Directorate of Special Operations “Fighting organised crime” (i) S v M Booysen; S v R Staggie; S v P Paulsen: Multiple life and other terms of imprisonment arising from the prosecution of gang leaders. (j) S v F Samsodien; S v A Abrahams; and S v L Sapat: urban terror convictions in Cape Town increased the sense of safety.

20. Directorate of Special Operations “Fighting organised crime” • (k) In the area of corruption 30 high-level investigations are underway, involving procurement, law enforcement, investments and state loans. • (l) In Cape Town, Hillstar prosecution: S v Mills and Others: charges of corrupt procurement and services that threatened to paralyse the Hillstar Traffic Department of the City Council. Long term sentences have been imposed coupled with an asset forfeiture order of R1.636million. This intervention saved the Council approximately R8million over last 2 years.

21. Directorate of Special Operations “Fighting organised crime” (m) The conviction of Augusta for corrupt influence in the Western Cape Provincial Government to fast- track a major estate development exposed the corrupt schemes of certain multi-nationals entrepreneurs exploiting weaknesses in systems. (n) The prosecution in S v Park Ross and Others demonstrated our ability to tackle corruption and fraud arising from complex corporate agreements. (o) In S v Ngubo: life imprisonment was imposed for murder in the Natal Midlands, which dented political violence in the area.

22. Directorate of Special Operations “Fighting organised crime” • Involved in investigations with contraband yield of R1.15billion. • Assets under restraint: R1 32.409million. • In terms of its asset forfeiture contribution to CARA, more than 65% to the current account was made by the Unit. • Achieved a conviction rate of 94%. • Finalised 205 investigations and 189 major prosecutions. • Arrested 290 persons, searched 153 premises and conducted 193 entrapment operations.

23. Asset Forfeiture Unit “Taking the profit out of crime” • Some of the key objectives • Develop the law – test cases and legal precedence • Build capacity –establish a national presence • Impact on selected categories of organised crime • Build relationships with key partners eg SAPS • Over past five years AFU has frozen assets valued at nearly R700million in terms of 500 orders. • 243 orders granted thus far and applications involving R116million have been finalised. • R55million has been deposited into CARA.

24. Asset Forfeiture Unit “Taking the profit out of crime” • The number of cases has grown at a rate of 65% per annum over the last 4 years. • The value involved in the cases, increased by 25% per annum. • The number of finalised cases increased from 73 to 124. • The amount involved in these cases increased from R15million to R53million.

25. Asset Forfeiture Unit “Taking the profit out of crime” • Over R100million has been returned to the victims of crime. • In two of its most important matters, attorneys Mohammed and Chohan who allegedly defrauded poor accident victims, the AFU has already seized property worth R10million. • The AFU has also made an impact on selected priority crimes. • Examples of these cases are: • (a) Seizure of cash associated with drug trade:- 6 cases have been initiated in cooperation with SAPS involving approx. R10million.

26. Asset Forfeiture Unit “Taking the profit out of crime” • (b) Natural Resources:- Joint effort between SAPS, DSO and Department of Environmental Affairs have targeted the serious threat of natural resources, nationally. Almost 50 cases have been done, involving property worth R70million. • The Eagle Star, trawler that was forfeited in Houtbay Fishing matter was sold to Coastal Management for patrol purposes.

27. Asset Forfeiture Unit “Taking the profit out of crime” (c) Corruption: About 30 restraint orders have been obtained involving R8.5million and confiscation orders totaling R1milion have been obtained in the JACTT operation in the Eastern Cape.

28. 1999/2000 (11 months) 2000/01 2001/02 2002/03 2003/04 Seizures 25 39 86 147 260 Amount under restraint R70m R149m R154m R120m R187m Forfeitures completed 3 15 37 73 124 Amount R0.2m R7.2m R15m R48m R54m Money deposited in CARA 0 1 11 26 39 Total Amount R0.14m R0 R0.8m R17 R36m Asset Forfeiture Unit “Taking the profit out of crime”

29. 2004/05 Target Seizures 260 Amount under restraint R250m Forfeitures complete 160 Amount R75m Money deposited CARA R50m Amount R60m Asset Forfeiture Unit “Taking the profit out of crime”

30. Asset Forfeiture Unit “Taking the profit out of crime” • Regional office has been established in Cape Town, Durban, Johannesburg and Port Elizabeth. A presence in Bloemfontein, East London and Kimberley has also been established to ensure an increase in the volume of cases and the more widespread use of asset forfeiture tools throughout the country. • AFU has been very effective in its cooperation with other law enforcement agencies, SAPS and the DSO and setting up of special Task Teams in each province. Increased cooperation with the SIU has also been achieved.

31. Specialised Commercial Crime Unit “Fighting commercial crime” • The SCCU is continuing its excellent performance and has even surpassed vital targets in respect of service delivery. It has also improved on its average court hours with 3.29% at Pretoria and Johannesburg Courts since its last reporting period. • The Unit achieved a conviction rate of 94.97%. • 21 plea and sentence agreements have been successfully concluded in Pretoria and 16 in Johannesburg.

32. Specialised Commercial Crime Unit “Fighting commercial crime” • SCCU has also been active in the JACTT project and finalised all matters allocated to them with impressive sentences being imposed, the longest term imposed was 60 years. • The SCCU has conducted its prosecutions without fear favour or prejudice. Let me highlight some of the cases.

33. Specialised Commercial Crime Unit “Fighting commercial crime” • Highlights of Cases: • S v Ramsey: the accused, an accountant was convicted of 17 charges of fraud and sentenced to 10 years, suspended for 5 years of imprisonment. • S v Letshufi, a medical doctor convicted of 92 counts of fraud against the Road Accident Fund and sentenced to 12 years imprisonment. • S v Potgieter, accused was convicted of 142 counts of fraud against the Road Accident Fund and sentenced to 12 years of which 3 years were suspended.

34. Specialised Commercial Crime Unit “Fighting commercial crime” • S v Mataka: Deputy Commissioner of Correctional Services was convicted of insurance fraud and sentenced to R30 000 or 12 months, plus 4 years suspended for 5 years. • S v Alexander: Accused was convicted in the High Court on various counts of fraud and theft pertaining to the purchasing of second hand policies. He was convicted and sentenced to more than 100 years of imprisonment.

35. Priority Crimes Litigating Unit “Fighting priority crime” • The Priority Crimes litigating Unit was established in March 2003 to deal with serious national and international crimes, particularly, offences contemplated in the Implementation of the Rome Statute of the International Crime Court Act, terrorism and related offences, and offences relating to foreign military crimes. • The Unit is also prioritising the cases arising from the TRC.

36. Priority Crimes Litigating Unit “Fighting priority crime” • A number of TRC cases have been identified for prosecution. • A number of cases are being investigated in conjunction with SAPS relating to the non- proliferation of weapons of mass destruction.

37. Priority Crimes Litigating Unit “Fighting priority crime” • Investigations into security services being performed in contravention of the Foreign Military Assistance Act in Iraq are under way. • The Unit also completed a few successful prosecutions: • (a) a former employee of arms manufacturer, RDI was convicted in March 2004 of supplying Pakistan with conventional arms technology and received a substantial fine. A compensatory order was also made in favour of RDI.

38. Priority Crimes Litigating Unit “Fighting priority crime” (b) Roget, a SA citizen of French origin was convicted in November 2003 for recruiting mercenaries for the Ivory Coast and sentenced to a fine of R100 000. (c) In February 2004, Alberts a South African citizen was convicted of mercenary activities in the Ivory coast and was sentenced to a fine of R20 000.

39. Sexual Offences and Community Affairs Unit “Ending violent crimes against women and children” • SOCA is playing a key role in reducing secondary victimisation in sexual offences case. • Sexual Offences Courts have been increased from 39 since the last reporting period to 51. • The Thuthuzela Care Centres which provide a one stop service centre for victims of sexual violence, remain the flagship of the Unit. There are currently 5 TCC’s and two more are planned for Bloemfontein and KZN.

40. Sexual Offences and Community Affairs Unit “Ending violent crimes against women and children” • Our efforts in diverting young children involved in criminal activities are continuing:- During January 2003- December 2003 a total of 18 222 diversions occurred.

41. Witness Protection Unit “Protecting vulnerable and intimidated witnesses” • The most important measure of success of the WPU is whether any witnesses or family in protection has been harmed or assassinated. We can proudly report that no witness or family members suffered this fate. • The number of witnesses into the programme has progressively increased: • 2001/2002: 296 (and 319 extended family members) • 2002/2003: 375 (and 360 extended family members) • 2003/2004: 422 (and 443 extended family members)

42. Witness Protection Unit “Protecting vulnerable and intimidated witnesses” • In 2002/2003: 114 witnesses testified in 87 cases, which led to 141 convictions. In 2003/2004: 132 witnesses testified in 126 cases, which led to 218 convictions. • There has also been an improvement in the success rate of relocating witnesses: • 2001/2002: success rate was 50% • 2002/2003: success rate was 70% (an improvement of 20%) • 2003/2004: success rate improved to 90% (an improvement of 20%).

43. Integrity Management Unit “Enhancing the integrity of the NPA” • IMU is a newly established Unit to maintain the integrity of the NPA and to ensure that its not compromised, especially in its systems and processes. • The Unit has been active in receiving reports from the hotline services of the Department of Justice (there are, however, shortcomings hampering its effectiveness in this regard.) • Also actively pursuing investigations referred to it by Units within the NPA.

44. Corporate Services “Excellence in service delivery” • Corporate Services had to deal with major challenges to improve service delivery. • Chief Executive Officer (as Accounting Officer)assumed greater responsibility to facilitate the formulation of organisational strategy and strategic alignment of all the NPA Units.

45. Corporate Services “Excellence in service delivery” • Corporate Services initiated and implemented a number of key projects, for example: • (a) Performance Budgeting System (PBS): The 2004/5 NPA budget will be performance-based. To ensure appropriate resource allocation aligned with NPA’s strategic objectives. • (b)Financial Management:Internal controls have been tightened and policies were developed where they were lacking.

46. Corporate Services “Excellence in service delivery” (c)Performance Management System: A new Performance Management System was developed which is being implemented throughout the NPA. (d)Competency-based recruitment: - To ensure that the right people for the right jobs are employed to improve service delivery.

47. EQUITY PROFILE • We are constantly reviewing our equity profile to ensure compliance with the Employment Equity Act. • We have complied generally with the requirements of the Act and efforts are continuously made to ensure compliance in those areas where we are lacking. • The equity profile of the NPA and that of senior and middle management are as follows:

48. Race Female Male African 820 1257 Asian 166 83 Coloured 152 172 White 671 560 Total 1809 2072

50. THE YEAR AHEAD: Challenges