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PRESENTATION ON THE NPA STRATEGIC PLAN 2015

2010/11 FINANCIAL YEAR

Adv. M Simelane

NDPP

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Overview of Presentation

• Legislative framework and requirements

• Structure

• Strategic goals

• Measurable objectives and targets

• Strategies

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Legislative Framework

• The NPA was established in terms of section 179(2) of the Constitution to- – institute and conduct criminal proceedings on behalf of the

State:

– carry out any necessary functions, incidental to instituting and conducting such criminal proceedings; and

– discontinue criminal proceedings.

• These powers are confirmed in section 20 of the NPA Act.

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Legislative Requirements

• Section 5 of the NPA establishes an Office of the NDPP which shall consist of:– NDPP (head of office and controls the office)

– DNDPPs

– Investigating Directors and Special Directors

– Other members of the NPA assigned to the office

– Members of the administrative staff of the office

• An office for the NPA is established at each seat of the High Court (Section 6(1))

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Roles of the Directors of Public Prosecutions (DPPs)

• Section 24(1) of the NPA Act sets out the powers of the DPPs as follows:– Institute and conduct criminal proceedings and to carry

out functions incidental thereto– Supervise, direct and coordinate the work of DDPPs and

prosecutors in region– Supervise, direct and coordinate specific investigations– Carry out any other functions or duties in terms of the law

or the NPA Act.

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Roles of the DPPs

• The NPA strategy restores the focus on the role the DPP as the prosecutorial decision making authority in the NPA

• All prosecutorial regional functions are centralised under the DPP

• The NDPP will exercise oversight through enterprise performance management

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Public Service Act and Regulations• Section 1 of the Public Service Act defines a Department as a

“national government component, the Office of a Premier, a provincial department or a provincial government component.”

• Head of Department means “the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes any employee acting in such post”

• In terms of section 36 of the NPA Act the DG is the Accounting Officer for the NPA

• In terms of the PFMA the Head of the Department is the Accounting Officer

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Structure of the NPA

• The structure has been aligned to provisions of the NPA Act

• The regional focus areas are aligned to government crime priorities

• A detailed discussion of the structure is contained on pages 11-20 of the strategic plan

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Structure of the NPA

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Structure : Office of the NDPP

• Capacity established to deal with the following:

• Public Interest Litigation• Corporate Governance and Administration • Integrity Management • Legal Services • Organised Crime Prosecutions • Complex Commercial Crime• Asset Forfeiture • Sexual Offences and Community Affairs• Priority Crimes Litigation

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Structure: DPP Offices• In line with government priorities coordinators

have been identified to manage the following crime focus areas:

• General Prosecution • Specialised Prosecution • Complex Commercial Crime (old SCCU)• Organised Crime • Asset Forfeiture• Corporate Governance

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Government Crime Focus Areas

• Serious and violent crimes• Hijacking, business and house robberies (trio crimes)• Contact crimes such as murder, rape, and assault• Corruption and fraud in procurement and tender

processes, and in applications for drivers’ licences, social grants, and identity documents etc.

• Protection of environmental assets and natural resources

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General Prosecution Focus Areas

• Focus on the bulk of the work

• Include specific focus on:– Violent crimes– Trio crimes– Contact crimes such as murder, rape and assault

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Specialised Prosecution Crime Focus Areas

• Crimes against women and children• Maintenance• Protection orders• Competition law• Environmental crimes• Corruption in government• Corruption of foreign public officials• Specialised tax

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Complex Commercial Crime and Organised Crime

• Complex Commercial crime will focus on the apex of the criminal activity in this focus area

• Organised crime will be the main service provider to the Hawks and focus on the method of commission of the crime rather being crime specific

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JCPS Stated Priorities• Addressing the overall levels of crime• Improving effectiveness and ensuring the

integration of the CJS• Combat corruption within the JCPS cluster to

enhance its effectiveness and its ability to serve as deterrent against crime

• Corruption (in general)• Manage the perception of crime among the

population

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JCPS targets for NPA to contribute towards achieving • Finalising more criminal cases by 2% per annum• Reducing case backlogs by 10% (2.5% pa)• Increasing the number of cases finalised including

ADRM by 20% (5% pa)• Reducing the period of remand detention• Successfully convict 100 people of corruption by 2014

that have assets of more than R5m restrained.• Increase in the number of Thuthuzela Care Centres with

50% to 35

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Key Strategic Goals

• The NPA has two strategic goals:– Excellent governance– Excellent delivery

• The NPA strategy supports the implementation of the intergovernmental programmes and activities in particular the JCPS (page 23- 24).

• The targets and measurable objectives are aligned to these priorities

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Vote 23 Justice and Constitutional Development

• NPA is programme 4 in the DoJ&CD vote

• Public Prosecutions: provides for general prosecutions and several specialist prosecution units

• Office for Witness Protection: provides for protection, support and related services to witnesses.

• Asset Forfeiture: seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process.

• Support Services: accounts for the corporate services component (will not plan for this unit and will be incorporated in the DoJ&CD)

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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.

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Key Measurable Objectives

• Increase the number of cases finalised by 4 % from 317 677 to 386 503 in 2014/15

• Reduce the number of backlog cases by 2.5% per annum from 37 405 to 33 039

• Increase the number of cases finalised (including diversion) by 5% from 404 229 to 515 910

• Increase the number of cases finalised by the specialised commercial crime by 2 % from 1 436 to 1 585

• Combat corruption by successfully convicting 100 people and constraining their assets to the value of at least R5m.

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Key Measurable Objectives (cont.)• Establish 5 additional TCC per year from 20 to 45• Ensure that no witnesses are harmed or threatened while on the witness

protection programme• Reduce the percentage of witnesses that walk off the programme from

40% to 12%• Increase the value of freezing orders from R400 million to R500 million

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Budget Allocation

R’ thousand

2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15

OutcomeAdjusted

Appropriation

Medium-term estimatesEstimated inflation

increase of 8%MTEF Baseline

Public Prosecutions 1,427,856 1,708,235 1,748,206 1,856,692 1,953,591 2,109,878 2,278,669

Witness Protection Programme 103,592 128,014 127,835 135,076 141,550 152,874 165,104

Asset Forfeiture Unit 64,513 73,742 81,795 86,726 91,128 98,418 106,292

Support Services 330,942 472,247 481,788 508,347 532,041 574,604 620,573

Total of sub programmes 1,926,903 2,382,238 2,439,624 2,586,841 2,718,310 2,935,775 3,170,637

Total current payments 1,919,721 2,355,116 2,420,025 2,565,878 2,696,368 2,912,077 3,145,044

Total transfers and subsidies 4,863 9,358 9,599 10,448 10,970 11,848 12,795

Total payments for capital assets 2,319 17,764 10,000 10,515 10,972 11,850 12,798

TOTAL PAYMENTS 1,926,903 2,382,238 2,439,624 2,586,841 2,718,310 2,935,775 3,170,637

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Sub-programme 1: Public Prosecutions

• Primary national responsibility to institute criminal proceedings and performing related functions

• Provides prosecuting services in all Courts in all 9 provinces

• Focuses on certain crime categories as set out above• Apart from appeals, civil litigation and prosecution of

cases, also focuses on resolution of criminal matters

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Public Prosecutions - Strategies

• Public prosecution will implement the following strategies:– Deliver a speedy, quality prosecution within the prescripts

of the law – Build sound relations with key stakeholders and partners– Use suitable alternatives to punitive justice– Develop a dedicated capabilities for crime focus areas– Increase the number of Thuthuzela Care Centres

• Initiatives have been identified for each of the strategies

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Deliver a speedy, quality prosecution within the prescripts of the law

• The following initiatives will be implemented:– Operations Management – Case Flow Management – Case Backlogs– DoJ&CD Accessibility Project– Screening of Cases– Asset Forfeiture – Witness Protection

– Court preparation

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Build sound relations with key stakeholders and partners

• Key stakeholder have been identified• Relations will be built and maintained• The NPA reliance on stakeholders for attainment

of goals is acknowledged • Joint target setting in the cluster will greatly

contribute to the NPA achieving its targets

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Use suitable alternatives to punitive justice

• Increase focus on use of informal methods of case resolution that is not punitive in nature

• Focus on increasing diversion of children in conflict with the law and general implementation of the Child Justice Act

• Lack of suitable programmes and service providers in some areas to be addressed

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Develop dedicated capabilities for crime focus areas

• Coordinators to address crime focus areas

• Regional specific strategies to be developed to address phenomena in regions

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Increase the number of Thuthuzela Care Centres• Roll out additional TCCs to continue

• No funding from National Treasury which impacts on sustainability

• Accounting Officer will be requested to submit proposal in this regard

• Remains a JCPS target

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Measurable objective Strategy Measure/indicator

2010/2011 2011/2012 2012/2013 2013/2014 2014/2015

target/ target/ target/ target/ target/

milestone milestone milestone milestone milestone

1.1 To increase the number of cases finalised successfully

1.1.1Deliver a speedy, quality prosecution within the prescripts of the law

Number of backlog cases 36 672 35 952 35 247 33 714 33 039

Number of cases finalised through trial

324 030 330 511 337 121 343 863 350 740

1.1.2Build sound relations with key partners and stakeholders

Conviction rate: High Courts

87% 87% 87% 87% 87%

Conviction rate: Regional Courts

74% 74% 74% 74% 74%

Conviction rate: District Court

87% 87% 87% 87% 87%

1.2 To increase the use of alternative ways of delivering justice

1.2.1 Use suitable alternatives to punitive justice

Number of cases finalised including ADRM

412 313 420 559 428 970 437 549 446 300

Average number of children diverted per month

1 338 1 405 1 475 1 548 1 626

1.3 To improve the capability to deal with specific crime focus areas

1.3.1Develop dedicated capabilities to deal with specific crime focus areas

Number of complex commercial crime cases finalised through trial

1 464 1 494 1 524 1 554 1 585

Conviction rate: Complex commercial crime cases

94% 94% 94% 94% 94%

Conviction rate: Sexual Offences Courts

66% 66% 66% 66% 66%

Number of persons convicted with R5m assets restrained

10 20 35 35 40

1.4 To improve justice services for the victims of sexual offences

1.4.1 Increase the number of Thuthuzela Care Centres

Number of TCCs 25 30 35 40 45

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Resourcing Plan • Prosecutions Workplace Skills Development

Forum-chaired to be established

• Internship programme to be extended with a strong focus on Employment Equity

• Continue with the aspirant prosecutor programme

• Bridging programmes to be introduced at higher levels

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Resourcing Plan (cont.)

• Future leaders programme to be implemented to build capacity for top levels with employment equity in mind

• Additional staff will be required to meet increased demand due to increase in SAPS members.

• Vacancy rate to be addressed (reported in 08/09 as 24.9%

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Vacancy Rate of Prosecutorial staff

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Total number

of Prosecutor

posts

Filled Vacant Vacant % Contract

appointments

Filled

posts

also

including

contracts

Vacant %

including

contracts

3395 2851 544 16,02% 166 3017 15,28%

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Sub-programme 2: Office for Witness Protection

• Measures– Ensure that no witnesses are harmed or

threatened while on the programme

– Reduce the number of witnesses that abandon the programme

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OWP: Strategies

• Integrated in overall prosecution strategy for successful prosecution

• Address factors leading to walk offs

• Reduce turnaround times for finalising cases

• Improve stakeholder engagement

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OWP: Measures and Targets

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Measurable objective Strategy Measure/ indicator 2010/ 11 target

2011/ 12 target

2012/ 13 target

2013/ 14 target

2014/ 15 target

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

Number of protected witnesses harmed or threatened

zero zero zero zero zero

2.1.2 Reduce the walk offs from the programme

% of witnesses who abandon the witness protection programme

34% 24% 16% 14% 12%

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Sub-programme 3: Asset Forfeiture (AF)• The AF employs two strategies to

reduce the incentive for crime:

–Increase the impact of asset forfeiture

–Maintain a high success rate

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Increase the impact of asset forfeiture

• Investigators seconded to SIU-return as financial investigators

• Continue with co-location with SAPS to assist in criminal investigation and asset tracing

• Relationship being built with Hawks

• New regional focus areas can provide new markets: specialised crime, organised crime and complex commercial crime

• Focus on government priority crimes

• Lack of adequate staffing to meet demand – outer years budget input provided to address this

• Continue to build capacity in SADC

• Explore drafting of papers by prosecutors to increase impact

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Maintain high success rate

• Case selection critical

• Monitoring continue

• Skills development and reducing reliance on outside counsel

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AFU Measures and Targets

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Measurable

objective

Strategies Measure/ indicator 2010/1

1 target

2011/1

2 target

2012/

13

target

2013/

14

target

2014/

15

target

3 .1 To

contribute to

reducing the

incentive for

crime

3 .1.1 Increase the

impact of asset

forfeiture

Number of new

completed forfeiture

cases

300 310 330 350 37 5

Number of new

freezing orders

310 330 350 37 5 400

Value of new

freezing orders (Rm)

400 420 440 4 70 500

Number of restraint

orders for at least

R5m in respect of

Persons

convicted of

corruption

10 20 35 35 40

3 .1.2. Maintain a

high success rate

Success rate 86% 86% 86% 86% 86%

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Sub-programme 4: Support Service

• Corporate Services to be integrated with DoJ&CD• Role of DG as Accounting Officer acknowledged • Control over human resource management and

development as well budgeting and expenditure will be maintained

• Accommodation and provisioning of resources and equipment in Lower Courts remains a concern

• The DG will be engaged on these areas

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Transformation • Transformed workforce with sound work ethic required

for successful implementation• Issues of employment equity in the higher levels (12

and up) and lack of disabled personnel requires urgent attention

• Transformation strategy to be developed and implemented.

• NPA national and international reporting responsibility acknowledged

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2010 FIFA World Cup

• DoJ&CD is the project leader

• Well established project with clear deliverables and deadlines

• The NPA will continue to participate in the project

• Success is expected over the period as the Department is well prepared

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CJS Review

• The CJS Review is aimed at establishing a new, modernised, efficient and transformed CJS.

• The NPA actively participates in the review and the various sub-committees. – Strategic integration– Protocols developed– Integrated information management system

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Thank you