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8 October 2013 Mr M Nxasana National Director of Public Prosecutions

PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT. 8 October 2013 Mr M Nxasana National Director of Public Prosecutions. NPA ANNUAL REPORT 2012/13: Vision, mission and strategic objectives Overview of Performance Performance Against Targets Resourcing.

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8 October 2013 Mr M Nxasana National Director of Public Prosecutions

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  1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 8 October 2013Mr M Nxasana National Director of Public Prosecutions

  2. NPA ANNUAL REPORT 2012/13: • Vision, mission and strategic objectives • Overview of Performance • Performance Against Targets • Resourcing

  3. Vision Justice in our society so that people can live in freedom and security Mission 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 Vision and Mission

  4. Section 179(2) expressly empowers the prosecuting authority to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental to instituting criminal proceedings • Furthermore, section 179(4) requires that the prosecuting authority must exercise its functions without fear, favour or prejudice Constitutional Mandate

  5. National Prosecuting Authority Act: In terms of section 20(1) of the NPA Act, the power vests in the prosecuting authority to: • institute and conduct criminal proceedings on behalf of the State • carry out any necessary functions incidental to instituting and conducting such criminal proceedings • discontinue criminal proceedings Legislative Mandate

  6. Criminal Procedure Act • Prevention of Organised Crime Act • Implementation of the Rome Statute of the International Criminal Court Act • Protection of Constitutional Democracy Against Terrorist and Related Activities Act • Witness Protection Act • Prevention and Combating of Corrupt Activities Act • Criminal Law (Sexual Offences and Related Matters) Act • Child Justice Act Legislative Mandate

  7. The NPA contributes to the achievement of the following outputs of the JCPS Delivery Agreement: • Output 1: Reduced overall levels of serious crime, in particular, contact and trio crimes • Output 2: A more effective Criminal Justice System (CJS) • Output 3: Reduced corruption • Output 4: Managed and improved perceptions of crime among the population • Output 7: Secured cyber space Policy Mandate

  8. Public Prosecutions provides for general prosecutions and several specialised prosecution units, such as those for priority crimes litigation, sexual offences and community affairs, and specialised commercial crime. • Office for Witness Protection (OWP) provides for the protection, support and related services to vulnerable witnesses and related people in judicial proceedings. • Asset Forfeiture (AFU) seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process. • Support Services provides corporate support services in terms of the finance, human resources, information communication technology, supply chain, and risk management of the NPA. NPA Sub-programmes

  9. Increased successful prosecution of serious crime • Improved collaboration with JCPS partners • Reduced corruption • To improve justice services for the victims of crime • Increased prosecution of cyber crime Strategic Objectives

  10. Overview of Performance

  11. Significant overall improvement in courts compared to previous year • 75% (30) of indicators performance was improved and only in 25% (10) not improved • 66.7% (8 of 12) of core (ENE) indicators improved compared to previous year • The NPA set stretch targets for the year under review that ranged between 2-100% increases (average of about 7%) on the actual performance of the previous year. • Achievement of core (ENE) indicators: 58.3% achieved / exceeded, 8.3% marginally below target and 33.3% not achieved • Achievement of all indicators: 42.5% achieved / exceeded, 17.5% marginally below target and 40.0% not achieved Overview of Performance

  12. The number of criminal court cases finalised including ADRM, increased by 4% with 18 007 more cases finalised. • The number of verdict cases finalised increased with 2.3%, with 7 292 more cases finalised. • A focused approach on alternative measures to reduce trial cases resulted in a 8.1% improvement in the number of cases finalised through ADRM. Overview of Performance

  13. High conviction rates were maintained throughout all courts, at an average conviction rate of 89.9%. Overview of Performance

  14. The number of outstanding cases was reduced by 5.3% and the backlog cases by 11.1% • An increase of 10.1% in the number of cases finalised by the Backlog Courts • The Regional Backlog Courts maintained a conviction rate of 73.7% and the District courts 89.3% Overview of Performance

  15. A positive clearance ratio was maintained. 916 917 new cases were enrolled and 942 792 cases disposed off which is a positive clearance rate of 2.8%. 25 875 more cases were disposed off than received • 4.4% (29 418) more dockets were referred for decision and 676 564 dockets were dealt with which represents an increase of 3.8% (24 850) • Number of Appeals finalised: 22.9% (2 068) of target (1 683) achieved and 17.2% of previous year (1 650) achieved • The number of sentences of 10 years or more increased with 11% (676) compared to the previous year • 66 788 formal bail applications were dealt with Overview of Performance

  16. 1 277 plea and sentence agreements were successfully concluded, comprising of 7 439 counts. This is only 0.4% of the 323 390 verdict cases where accused are prepared to agree to convictions and sentences • This represents an increase of 92.6% from the 663 agreements concluded during the previous year • In 414 (34%) of the cases, the sentences imposed comprised of direct imprisonment Overview of Performance

  17. Plea and Sentence Agreements:

  18. Thuthuzela Care Centres increased to 35. • No witnesses were harmed or threatened while on the witness protection programme maintaining ten years of excellent performance • 152 JCPS officials were convicted of corruption with a conviction rate of 82.3% • 42 people were convicted of corruption where the amount involved is more than R5m Overview of Performance

  19. Input and Output: Trend analysis: 2008/09 – 2012/13

  20. Court Utilisation: Trend analysis: 2008/9 – 2012/13

  21. Insufficient integrated operational planning with role-players to facilitate practical implementation • Ineffective implementation of the Case Flow Management system • Lack of joint and/or integrated training for JCPS officials focused on improving court performance and/or service delivery • Compensation of Employee budget poses a risk to the achievement of targets • Aspirant Prosecutor Programme impacted by budget constraints. This programme delivered 190 aspirant prosecutors in the year under review Challenges

  22. Greatest achievement is the first ever clean audit for NPA • Court judgment implemented and employees were paid approximately R55 million for the delay in implementing the outcome of a job evaluation done in 2004. At the time, the implementation was delayed by nine months for some employees due to budget constraints • Higher than forecasted carry-through costs of the implementation of the Occupational Specific Dispensation (OSD) for the legally qualified personnel also impacted on the Compensation of Employees budget Overview of Performance: Support Service

  23. Unprecedented achievement of spending almost 100% of appropriation resulting an overall saving of 12 cents • Significant reduction of accruals • Only R609 000 of the invoices not paid were older than 30 days • Settled the long outstanding legal dispute with Imperial Holdings Ltd • 99% of all NPA staff submitted performance agreements on time for second year in a row • All disclosures of financial interest by senior managers (except one on suspension) were submitted on time •  Over the last two years asset management in the NPA improved markedly • Similarly, great strides have been made in leave management Overview of Performance: SS Cont.

  24. Performance Against Targets

  25. ENE Targets and Indicators

  26. ENE Targets and Indicators

  27. Objective 1: Increase successful prosecution of serious crime

  28. Convictions in criminal court cases measured against the number of new cases enrolled in the regional and High Courts (serious crime) • There was a 7.5% reduction in number of new cases enrolled in the Regional Courts, to 70 457 from 76 210 in the previous year • Some matters in the Regional Courts take long to finalise due to their complexity. With the increased jurisdiction of the Regional Courts, many of the crimes prosecuted in these courts equate to those of the High Courts • Legal representatives often request remands far into the future and this, together with an increase in legal challenges, result in protracted litigation Objective 1 (Cont.)

  29. Objective 1 (Cont.)

  30. Objective 1 (Cont.)

  31. Conviction rate: Complex Commercial Crime • The SCCU achieved a conviction rate of 92.9% in the dedicated courts which is a slight deviation (0.1%) from the yearly target. This achievement is excellent as these are intricate cases that require in-depth investigations and specialised prosecution skills • The SCCU finalised 688 cases in the dedicated commercial crime courts and 229 in other courts bringing the total to 917 • The reduction in the number of cases finalised in the dedicated courts can be attributed to the refinement of the focus of the SCCU on more complex cases that take longer to be finalised Objective 1 (Cont.)

  32. Conviction rate: Trio Crimes • 1 527 trio crime cases comprising of 1 934 trio counts were finalised, with a conviction rate of 83.4%. The target was slightly under-achieved by 1.6%, but is exemplary when considered that these cases are mainly prosecuted in the Regional Courts where the average conviction rate is 75% • Challenges were experienced due to the unavailability of key stakeholders such as witnesses, private practitioners, Legal Aid representatives and the judiciary • 250 fewer trio crimes cases (14.1%) were finalised compared to the 1 777 cases in the previous year Objective 1 (Cont.)

  33. Objective 1 (Cont.) Conviction rate: Organised Crime • During the period under review, 26 racketeering cases were authorised and 13 cases were finalised, of which 10 resulted in convictions. In one case the accused were acquitted on the racketeering counts, but nevertheless convicted on the other predicate offences • A total of 301 organised crime cases were finalised, with a conviction rate of 90.7%. This is exceptional, as these cases are extremely complex in nature and also require specialist prosecution skills

  34. Objective 1 (Cont.) Conviction rate: Sexual offences • This indicator refers to the prosecution of cases in terms of the Sexual Offences Act • 7 092 sexual offence matters were finalised with a conviction rate of 65.8% which is an increase of 0.7% in the conviction rate and 2.6% in the number of sexual offences matters finalised

  35. Objective 2: Improved Collaboration with JCPS partners

  36. Objective 2 (Cont.)

  37. Objective 2 (Cont.)

  38. Objective 2 (Cont.)

  39. Objective 2 (Cont.)

  40. Case Management:

  41. Cases removed from the roll:

  42. Cases Finalised including ADRM: All Criminal Courts

  43. Cases Finalised through ADRM:

  44. During 2012/13, 2.8% more children were diverted in terms of the CJA compared to the 6 422 diverted during 2011/12. Diversion of Children in terms of CJA:

  45. Objective 3: Reduced Corruption

  46. Number of JCPS personnel convicted of corruption • In line with the priority focus of the JCPS Delivery Agreement on dealing with corrupt JCPS officials, the NPA increased the number of convictions to 152 compared to 107 during the previous year. This is an increase of 39% on the number of officials being convicted. The stretched target of 160 was however not achieved • From 249 cases finalised a total of 253 accused were convicted of which 152 were officials within the JCPS Cluster:84% of the JCPS Officials were from three Departments: • SAPS - 79 (0.03% of personnel) • DoJ&CD – 16 (0.001% of personnel) • NPA – 2 (0.004%) • Non-government employees convicted - 64 Objective 3: Reduced Corruption

  47. Objective 3 (Cont.)

  48. Objective 3 (Cont.)

  49. Number of criminal court cases finalised including ADRM • The SCCU finalised 688 cases in the dedicated courts and a further 229 cases in the non-dedicated courts. An impressive 917 cases were finalised by the SCCU prosecutors • The SCCU finalised 22 appeals which constitutes the baseline for 2012/13 • The SCCU has ensured that over R35 million was returned to the victims of crime. This amount exceeded the annual target of R21,2 million • The SCCU exceeded its target of 74% by achieving a 100% conviction rate in cybercrime prosecutions Specialised Commercial Crimes Unit (SCCU)

  50. Objective 4 To improve justice services for the victims of crime

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