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

22

Introduction and Background

NPA Strategic Plan 2010- 2015

JCPS Delivery Agreement

Overall Performance

333

Key Areas of Determined Priorities

444

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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.

66

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

NPA STRATEGIC FRAMEWORKSub-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

2.1 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

3.1.1 Increase the impact of asset forfeiture

3.1.2 Maintain a high success rate

7

Additional Performance Indicators

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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

Performance Overview of Public Prosecutions 2010/11

999

Cases Removed

138 687

New Cases

236 310

Total Finalised

117 771

Finalised Verdict

85 530

ADRM

32 241

INPUT OUTPUT: CASES DISPOSED

FORUM NEW CASES

CASES REMOVED FROM

THE ROLLCASES FINALISED

WITHDRAWN/

WARRANTS/

TRANSFERS/

STRUCK OFF ROLL/MENTALS

ADRM VERDICT CONVICTION RATE

HIGH

COURTS321 45 269 89.2%

REGIONAL COURTS 21 217 12 141 544 10 307 72.5%

DISTRICT COURTS 214 772 126 501 31 697 107 195 90.2%.

10

Performance Overview of Public Prosecutions

Service Delivery Achievements:

Indicator 2009/10 2010/11 Q1 Progress

Cases finalised incl ADRM 469,541 117,771 +0.3%

Admission of Guilt(S57A) 46,170 10,476 -9.2%

ADRM: Informal mediation 68,270 20,289 +18.9%

Diversions 50,361 11,952 -5.1%

Cases finalised excl diversions 350,910 85,530 -2.5%

Cases finalised (Backlog crts) 4,587 2,409 +110.1%

New cases 1,044,346 236,310 -9.5%

Decision dockets received –

Lower courts554,806 135,207 -2.5%

Withdrawals 242,103 58,726 -3.0%

Outstanding roll 230,477 215,033 -6.7%

Backlog cases 38,563 39,707 +3.0%

Court hours 03:46 03:40 -2.3%

Conviction rate 88.6% 88.2% -0.5%

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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%

District Court 100% 94.9% -5.1%

Regional Court 100% 95.3% -4.7%

High Court 100% 63.0% -37.0%

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% of Formal Representations dealt with

DPP Offices 85% 57.0% -28.1%

ONDPP 85% 89.6% 4.6%

30 persons trained on Legal drafting / indictments / charge sheets per month

Nationally 90 0 -100.0%

30 persons trained on civil / motion Nationally 30 0 -100.0%

MLA matters dealt with ONDPP 85% 100% 15.0%

Extradition applications dealt with ONDPP 85% 100% 15.0%

1313

Plea and Sentence Agreements:Division Apr-10 May-10 Jun-10 Total

North West Division 0 0 0 0

Western Cape Division 58 62 72 192

Eastern Cape Division 0 1 1 2

Free State Division 0 3 11 14

Northern Cape Division 3 1 0 4

KwaZulu-Natal Division 13 17 14 44

North Gauteng Division 19 31 36 86

ECD- Mthatha 0 0 0 0

South Gauteng Division 0 1 0 1

Special Commercial Crime 0 0 1 1

Total 93 116 134 343

1414

151515

Months Sexual Economical Violent Narcotics Arms& Ammunition

Other Crime

Total Counts

Apr-10 5 71 26 8 12 13 135

May-10 11 46 53 12 7 20 149

Jun-10 17 239 56 6 6 20 344

Totals 33 356 135 26 25 53 628

Percentage 5% 57% 21% 4% 4% 8% 100%

Plea and Sentence Agreements:Crime Category

161616

Diversions in terms of the Child Justice Act

Forum Month No. of Accused

Ages 10y-13y

Ages 14y – 17y

No of schedule 1

offences

No of schedule 2 offences

No of schedule 3 offences

District

Court

Apr-2010 70 50 710 332 215 96

May-2010 1151 56 1095 548 316 118

Jun-2010 1211 45 1166 619 345 104

Total 3122 151 2971 1499 876 318

Regional

Court

Apr-2010 15 0 15 8 3 4

May-2010 148 0 148 9 29 52

Jun-2010 36 0 36 2 7 12

Total 199 0 199 19 39 68

Q1 Total 3321 151 3170 1518 915 386

171717

Diversions in terms of the Child Justice Act

ForumSec.9 Referr

als

Sec 41 Diversi

on

Preliminary inquir

y

divers

ion

REFER TO TRIAL OUTCOME OF DIVERSION:

Convicted

Acquitted

Diverted Other Compl

eted

Not Compl

ied

More onero

us divers

ion

Trial Convicted

Trial Acquit

ted

District

Court Total

194 644 955 70 16 243 465 269 18 31 2

Regional

Court Total

2 6 39 5 1 1 33 5 0 5 0

Q1 Total 196 650 994 75 17 244 498 274 18 36 2

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

181818

Performance Overview of Sexual Offences and Community Affairs (SOCA)

19

Service Delivery Achievements

Indicator 2009/102010/11

Q1Progress

Number of dedicated courts 42 39 -7.1%

Conviction rate: Dedicated Courts 66.7% 69,6% 2.8%

Number of Thutuzela Care Centres 20 22 10%

Conviction rate: TCC’s 64.5% 58.8% -5.7%

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Human Trafficking Cases:DIRECTOR OF PUBLIC

PROSECUTIONSUNDER

INVESTIGATIONOUTSTANDING

CASESFINALISED

CASESNATIONALITY OF

ACCUSEDNATIONALITY OF

VICTIM

Western Cape Division1 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

1 RSA / THAI THAI

1 RSA / THAI THAI

1 RSA THAI

1 RSA RSA

1 THAI THAI

1 THAI THAI

TOTAL: 3 4 7

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.

212121

Performance Overview of Witness Protection Unit

22


Indicator2009/10 2010/11

Q1Progress

Witnesses 398 258 -35.2%

Total including families 743 523 -29.6%

Witnesses harmed 0 0 100%

Walking off program (%) 28.0% 3% -4%

Formal grievances laid (%) 0% 0% 100%

Cycle time (months) 18 18 0%

232323

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.


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.

24


Indicator2009/10 2010/11

Q1Progress

Reduce case backlog (cases older than 9 months) in all SCCU courts

461 483 4.8%

Cases finalised 889 163 -26.7%

Conviction Rate 93.7% 91.4% 2.3%

Cases enrolled for trial 1,339 258 -22.9%

Cases disposed of 2,832 668 -5.6%

Number of Complex Commercial Crime prosecutions instituted

N/A 1 Target per Quarter is 12.5

Convictions for corruption with R5m assets restrained

N/A 0 Target per Quarter is 5

SCCU Finalised Cases:

2525

DPP Jurisdiction April May June Total

Eastern Cape Division 2 9 1 12

North West Division

(no dedicated court) 0

South Gauteng Division 15 17 19 51

North Gauteng Division 2 9 7 18

KwaZulu-Natal Division 16 26 9 51

Free State Division 2 6 1 9

Western Cape Division 7 8 7 22

ECD – Mthatha Division


Northern Cape Division


Total 44 75 44 163

Prevention and Combating of Corrupt Activities Act (PCCAA)

2626

Month Apr-10 May-10 Jun-10

DIRECTOR OF PUBLIC

PROSECUTIONNEW

CASES (PCCAA)

NO OF OFFICIALS: NEW CASES

NO OF PCCAA CASES

PENDING

NO OF OFFICAL

S CONVIC

TED

NEW CASES

(PCCAA)

NO OF OFFICIALS: NEW

CASES

NO OF PCCAA CASES PENDI

NG

NO OF OFFICAL

S CONVIC

TED

NEW CASES

(PCCAA)

NO OF OFFICIALS: NEW CASES

NO OF PCCAA CASES

PENDING

NO OF OFFICALS CONVICT

ED

EASTERN CAPE 1 1 22 0 1 3 22 0 1 1 23 0

FREE STATE 0 0 7 0 0 0 7 0 0 0 7 0

KWAZULU-NATAL 0 16 15 1 1 4 16 0 1 16 17 0

MTHATHA 0 5 13 0 0 0 10 0 0 0 9 0

NORTH WEST 1 9 23 0 1 9 25 0 0 12 27 0

NORTHEN CAPE 1 1 2 0 0 0 3 0 0 0 3 0

NORTHERN GAUTENG 13 15 21 0 11 12 19 1 13 17 22 0

SOUTHERN GAUTENG 1 1 4 0 2 4 6 0 1 1 7 0

WESTERN CAPE 1 1 28 0 4 4 28 0 1 1 28 0

NATIONAL TOTAL: 16 47 99 1 16 32 101 1 15 46 107 0

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

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.


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.

282828

Performance Overview of Asset Forfeiture Unit

29


Indicator 2009/10

2010/11% Change over

prev year NotesTarget Actual

New restraint orders (no.) 315 310 61 21% below Performance in June affected by SWC

Value of new restraints (R'm) R491m R400m R53.3 81% below

Values fluctuate significantly from year to year depending on how many high value cases are done

Completed forfeiture cases (no.) 271 300 65 18% above Increased steadily over time

Value of assets forfeited (R'm) R185m R175m R19.5m 72% below


Money paid to CARA (R'm) R52m R45m R5.7m 57% below


Success rate (overall) 92.1% 86% 93.1% 1% above Good overall success rate

Success rate in judgments 60.7% 72.5% 50% 10% below Remains disappointing



Number of restraint orders

for at least R5m in respect

of persons convicted of

corruption

High

Court1.25 0 -100%

3030

ChallengesAn 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

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.

323232

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.

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Thank you

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Documents

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