201516 PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES 12 OCTOBER 2016 2 The NPA derives its mandate from section 179 of the Constitution The National Director of Public Prosecutions National Director is head of the NPA ID: 815383
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Slide1
NDPP’S ANNUAL
REPORT
2015/16
PRESENTATION TO THE
PORTFOLIO
COMMITTEE ON JUSTICE AND CORRECTIONAL
SERVICES
12
OCTOBER 2016
Slide22
The NPA derives its mandate from section 179 of the
Constitution The National Director of Public Prosecutions (National Director) is head of the NPA Directors of Public Prosecutions (DPPs) are NPA heads at various seats of the high courts, responsible for ensuring compliance with constitutional obligations The National Director must determine prosecution policy (with concurrence of the Minister responsible for the administration of justice) after consultation with the DPPsFurther, the National Director must issue policy directives which must be observed in the prosecution process
Constitutional Mandate
Slide33
Legislative
Mandates National Prosecuting Authority Act (NPA Act)Criminal Procedure Act, 1977Prevention of Organised Crime Act, 1998
Implementation of the Rome Statute of the International Criminal Court
Act, 2002
Witness Protection
Act
Prevention and Combating of Corrupt Activities Act
Criminal Law (Sexual Offences and Related Matters)
Child Justice Act
Prevention and Combating of Trafficking in Persons Act
Slide44
Policy Mandate
The NPA contributes to the achievement of the following sub-outcome of the Medium Term Strategic Framework (MTSF):Outcome 1: Reduced level of contact crimeOutcome 2: An efficient and effective criminal justice systemOutcome 4: Secure cyber spaceOutcome 5: Ensure domestic stability
Outcome 7: Corruption in the public and the private sectors reduced
Slide55
Organisational Structure
Slide66
(Special) Directors of Public Prosecutions
Slide77
Strategic objectives
The NPA has four strategic objectivesIncreased successful prosecutionImproved prosecution of matters that require specialised prosecution
Ensure that profit is removed from crime
Ensure threatened witnesses and related persons are successfully protected
Slide88
NPA Sub-Programmes
National Prosecutions Service (NPS) - general and specialised prosecutions, including:The Sexual Offences and Community Affairs Unit (SOCA)Specialised Commercial Crime Unit (SCCU)
The Priority Crimes Litigation Unit (PCLU)
Asset
Forfeiture Unit (AFU
);
seizes assets that are the proceeds of
crime
Office
for Witness Protection (OWP)
provides for temporary protection, support and related services to vulnerable and intimidated witnesses and related persons in
judicial proceedings
Support Services
–
provides
administrative support
Slide99
Operational Environment
NPA performance depends largely on stakeholders, especially the police and the judiciarySuccessful prosecution depends on investigations and evidence presented by the police Speedy finalisation of cases depends on the leadership of the courts, which vests with the judiciary
NPA participates in structures to improve court performance, i.e.
Case Flow Forums
National and Provincial Efficiency Enhancement Committees
Decline in court hours and few cases put on the roll hampers performance
10
Operational Environment (cont.)
Minister of Justice and Correctional Services has tasked the NDPP to coordinate a study on the implementation of the Victims Charter since its inception (2007To further enhance efficiency in the CJS a number of protocols have been entered into between the NPA and stakeholders, namely:The Electronic Monitoring Protocol
The Mental Observation Protocol
The State Patients Protocol
The Audio Visual Remand (AVR)
Protocol
Slide11Total cases finalised (including high courts) is 477 802
Verdict: 310 850 (65%); ADRM: 166 952 (35%)The reason for this decline is the inefficient use of courts,
coupled with a focused approach on quality prosecutions especially on cases suitable to be resolved through ADRMA positive ratio between verdict and ADRM cases was maintained, as the majority of cases were finalised with a verdict 11
Sub-Programme 1: National Prosecutions Service
Performance against targets
Objective
Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/1618
Number
of criminal court cases finalised including ADRM in the lower courts
502 485
478
686
476 790
Strategic Objective 1: Increased successful prosecution
Slide12Court utilisation declined during this reporting period which impedes all attempts to ensure speedy justice
More court days (3.5%) were utilised; the efficient use of these increased days is not reflected in the actual court hours used for criminal cases
The average court hours were reduced by 7% from an average of 3h31 during 2014/15 to 3h16 during 2015/16A total of 32 863:49 hours were lost compared to the previous reporting period 12Progress On Criminal Court Hours
Slide13The lower courts
finalised 309
838
verdict cases with a conviction rate of 93% (288 335 convictions
)
The
decline
correlates
with a similar decline of 17% in the influx of new cases and a 13% reduction in court
hours
FORUM
2014/15
% of National
2015/16
% of National
Progress
HIGH COURT
978
0,3%
1 012
0,3%
3,5%
REGIONAL COURT
33 430
10,5%
31 832
10,2%
-4,8%
DISTRICT COURT
284 741
89,2%
278 006
89,4%
-2,4%
ALL
319 149
100,0%310 850100,0%-2,6%
13
Cases Finalised With Verdict
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Number
of criminal court cases finalised with verdict in the lower courts
318 171
326 498
309 838
Slide14The lower courts finalised 309 838 verdict cases with a conviction rate of 93% (288 335 convictions)
The decline correlates with a similar decline of 17% in the influx of new cases and a 13% reduction in court hours
The decline of 44 088 new cases enrolled must be seen in the context of a greater focus on screening, to ensure, as far as possible, that only trial ready cases are enrolled
Due to an enhanced focus on the screening process it was ensured as far as possible to only enrol trial ready cases
80 068 more dockets were received for decision (from 780 912 during 2014/15 to 860 980 during 2015/16)
FORUM
2014/15
% of National
2015/16
% of National
Progress
HIGH COURT
874
0,1%
832
0,1%
-4,8%%
REGIONAL COURT
61 540
6,8%
56 475
6,5%
-8,2%
DISTRICT COURT
845 950
93,1%
806 969
93,4%
-4,6%
ALL
908
364
100%
864 276
100%
-4,9%
14
Progress on
cases enrolled
Slide15In order to curb the notion that prosecutors are selective with cases dealt with, the number of withdrawals is also measured to ensure quality prosecutions and a just outcome in all
cases
The
comparison
in the table above indicates
a positive reduction of 17.7% in the number of cases withdrawn in all
courts due to the improved screening process
FORUM
2014/15
% of National
2015/16
% of National
Progress
HIGH COURT
68
0,1%
54
0,1%
-20,6%
REGIONAL COURT
14 374
11,0%
12 228
11,4%
-14,9%
DISTRICT COURT
116 105
88,9%
95 119
88,6%
-18,1%
ALL
130 547
100,0%
107 401
100,0%
-17,7%15Progress on cases withdrawn
Slide16The NPA
finalised
166 952 cases, which represents 14 764 (9.7%) more cases finalised through ADRM than the target of 152 188 set for 2015/16ADRM matters per forum:
37 516 cases were diverted after enrolment
5 528 cases were diverted before enrolment in terms of the Child Justice Act
(CJA)
123 908 cases were successfully mediated on an informal basis
16
Number of criminal court cases finalised through ADRM
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Number
of criminal court cases finalised in the lower courts through ADRM
184 314
152 188
166 952
Slide17A
total of 8 121 children were diverted comprising of:
5 528 children diverted in term of CJA and 2 593 children diverted after they were referred for trial in a criminal courtNumber of Section 41 diversions was reduced by 9.9% from 1 539 during 2014/15 to 1 386 in 2015/16The number of preliminary enquiry diversions increased with 2% from 3 866 during the previous year to 3 945 during 2015/16 Schedule 3 diversions were increased from 142 last year to 197 in the reporting period
17
Diversions in terms of the Child Justice
Act
Slide18The high courts registered a 4% increase from the previous year and maintained a high conviction rate of 90%
Criminal appeals dealt
with
Financial
Year
Newly Received Appeals
Finalised
Appeals Unsuccessful
% Unsuccessful
2011/2012
1 328
1 922
645
33,6%
2012/2013
2 249
2 418
791
32,7%
2013/2014
2 762
2 422
878
36,3%
2014/2015
2 651
2 423
899
37,1%
2015/2016
3 065
2 520
944
37,5%
18
Conviction
Rate
: High CourtsPerformance IndicatorActual Achievement 2014/15Planned Target 2015/16
Actual Achievement
2015/16
Conviction rate in High Courts
91%
(890)
87%
(888)
90%
(910)
Slide19The regional courts achieved a conviction rate of 78%
District courts achieved a 95% conviction rate
19Conviction Rate: Lower Courts
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction
rate in Regional Courts
76.6%
(25 591)
74%
(26 396)
78%
(24 958)
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction rate in District Courts
94.2%
(268 127)
88%
(255 928)
95%
(263 377)
Slide20Focus was
centralised around various areas such as illegal precious metal including copper, rhino related offences, drug dealings, illicit mining and tax matters
20Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction rate in organised crime
92.2%
(474)
90%
(403)
89%
(359)
Conviction Rate: Organised Crime
Slide21All
courts achieved a conviction rate of 70% by finalising 7 098 sexual offences crime cases with 4 978 convictionsA multi-disciplinary approach followed by newly established provincial structures with stakeholders from the DoJ&CD, LASA, SAPS, DOH and NPA have contributed to the improvements on sexual offence cases
21Performance IndicatorActual Achievement 2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction rate in sexual offences
69%
(5 084)
68%
(5 614)
70%
(4 978)
Conviction Rate: Sexual Offences
Slide22The number of matters reported at TCCs increased by 2 384, to 32 786
The average conviction rate for TCC-reported cases improved to 71.8% from 68.4% in the previous year
6 854 cases reported at TCCs were referred to the court for prosecutionThe percentage of cases reported cases decreased from 47% in 2014/15 to 43% in 2015/16A substantial increase in non-arrest dockets led to non achievement of target22
Thuthuzela
Care
Centres
Objective
Indicator
Actual Achievement 2014/15
Planned Target 2015/16
Actual Achievement 2015/16
Number
of operational TCCs
44
55
55
Slide23Pursuant
to the reduction in the levels of trio crimes as one of the MTSF priorities for 2015/16, the NPA increased focus on the prosecution of these matters as part of an integrated approach between all role players
A total of 1 692 cases were finalised with a conviction rate of 82.2% (1 391 convictions) against a target of 85%The primary challenge in not achieving the target is the ineffective SAPS investigations and collection of evidence, as well as the difference between the SAPS crime categories and the NPA crime categories 23Conviction Rate: Trio Crimes
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction
rate in trio crimes
82%
(1 453)
85%
(1 630)
82%
(1 391)
Slide24Particular focus was placed on dealing with this crime, as it poses a serious challenge to domestic instability if not actively combated
Although the target was not reached during the period, the conviction during the last five months of the year rose to 78% (32 convictions out of 41 trials conducted)
24Conviction Rates: Violent Protests
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction rate in violent protest and industrial action
72.7%
(8)
74%
68%
(73)
Slide25The conviction rate increased from 94.7% to 95.2%
Environmental crime cases finalised with a verdict increased from the previous year from 265 to 375 cases191 convictions for copper theft were achieved at a very high conviction rate of 95.5% during the yearIllicit MiningThe NPA is represented on the National Co-ordinating Strategic Management Task Team to exclusively focus on lllicit mining to deal with a coordinated manner and report to government
The NPA use this this forum to liaise wit other stakeholders pertaining to challenged experienced during prosecutions Two racketeering prosecutions were authorised by the NDPPBoth cases are on trial in the High Court in the Free State25
Conviction Rates
:
Environmental Crimes
Slide26The high courts managed a reduction of 12% but an increase is noted in both lower court forums
During 2015/16 there were
:27 approved regional backlog courts25 district backlog courtsFORUM
2014/15
% of National
2015/16
% of National
Progress
HIGH COURT
216
0,8%
190
0,7%
-12,0%
REGIONAL COURT
14 106
52,5%
14 485
48,9%
2,7%
DISTRICT COURT
12 572
46,7%
14 924
50,4%
18,7%
ALL
26 894
100,0%
29 599
100,0%
10,1%
26
Case Backlogs
Slide27Victim Impact Statements
A total number of 8 362 victim impact statements were completed exceeding the target by 43.3%, an improvement from previous year of finalising 2 203 more victim impact statementsNumber of witnesses assisted by CPOsThe success of the Ke Bona Lesedi Court
Preparation Programme started to yield results through the commitment of dedicated court preparation officers; the target of 102 764 was exceeded by 7.1% as 4 967 more witnesses were assistedA total of 17 Training interventions were conducted with 240 attendees27
Victim Empowerment And Assistance
Slide28The
methodology of prosecutor-guided investigations enabled the NPA to maintain a high conviction rate of
94% (951) against a target of 93% in all courts28Strategic Objective 2: Improved prosecution of cases that require specialised prosecution
Sub-Programme 2: National Specialised Prosecution Service
Performance against targets
Objective
Indicator
Actual Achievement 2014/15
Planned Target 2015/16
Actual Achievement 2015/16
Conviction
rate in complex commercial crime
94.3%
(1 069)
93%
(928)
94%
(951)
Slide29In partnership with the ACTT, the SCCU exceeded the target of 20 by 5 more
convictions
The cumulative achievement of this performance is 47 persons convicted since the beginning of MTSF 2014–1929Number of persons convicted of corruption / offences related to corruption where amount benefited per case is more than R5m
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Number of persons convicted of corruption or offences related to corruption where the amount benefited per case is more than R5m
23
(23)
20
25
Slide30A special focus was placed on the prosecution of corruption to improve investor perception and trust to invest in South Africa
The number of convictions during the current year increased by 58.5%, from 130 the previous year to 206 officials in the current year, exceeding the target of 91
30Number of government officials convicted of corruptionPerformance IndicatorActual Achievement 2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Number of government officials convicted of corruption or offences related to corruption
130
91
206
Slide31The lower courts excelled by finalising 255 cases with 244 convictions whilst ensuring quality prosecutions by maintaining a remarkable conviction rate of 96%
The target was not only exceeded by 21.7% but a marginal improvement of 0.6% is noted compared to the 95.1% conviction rate achieved during the previous year
31Conviction rate in cybercrime prosecutionPerformance IndicatorActual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction rate in cybercrime prosecution
95.1%
(232)
74%
(159)
96%
(244)
Slide3232
A
conviction rate of 60% was achieved on cases prosecutedThe Missing Persons Task Team (MPTT), a separate project within PCLU, continued with research and investigations into the identifications, tracing, exhumations of mortal remains of persons who disappearedThe MPTT closed 30 cases in line with its annual targetPerformance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Conviction
rate in Priority Crime Litigation Unit (PCLU)
67%
(2/3)
80%
(4)
60%
(3/5)
Conviction rate in Priority Crime Litigation Unit (PCLU)
Slide33Number of completed forfeiture cases
The AFU completed 389 forfeiture casesPerformance decreased due the high
number of protracted cases that were postponed to the new financial year for finalisationValue of completed forfeiture casesThe NPA obtained forfeiture and confiscation orders to the value of R349.5 millionThe continued focus on high value cases, improved prioritization of investigations and prosecutions of cases at ACTT, DPCI and NPS, as well as an increased focus in the use of non-conviction (Chapter 6 of POCA) based forfeiture, contributed to this excellent performance33
Strategic Objective 3: Ensure profit is removed from crime
Sub-Programme 3:
Asset Forfeiture Unit
Performance against targets
Objective
Indicator
Actual Achievement 2014/15
Planned Target 2015/16
Actual Achievement 2015/16
Number of completed
forfeiture cases
463
420
389
Slide34Number of freezing
ordersThe AFU obtained 326 freezing orders, exceeding the target of 321 by 2%
This is as a result of improved coordination and close cooperation with partners and stakeholders in the joint prioritisation of cases including the resolution of factors that inhibit performanceValue of freezing ordersFreezing orders to the value of R778.9m were obtained, 22% below the target of R1bn
Compared to the previous year the performance declined by 72%.
The non-achievement of the target was due to fewer cases of high value which were court ready
34
Ensure profit is removed from crime
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Number of freezing
orders
342
321
326
Slide35Freezing
orders of R238.6 million were
obtained, 70% below the target of R800 millionThe decline in performance was also due to one case of very high value being finalised in the previous financial year35Freezing Orders Relating
T
o Corruption
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Value of freezing
orders relating to corruption or offences relating to corruption where the amount benefitted per case is more than R5 million
R2 235 million
(R3.701
billion)
R800 million
(R2.966
billion)
R238.6 million
Slide36Recoveries
to the value of R440.4m were obtained, significantly exceeding the target of R150mSuccess rate of ligation Target achieved
by increased focus
on quality assurance, and
use
of
non-conviction
based forfeiture
2011/12
2012/13
2013/14
2014/15
2015/16
Cumulative
Payments to Victims
R93.8m
R28.6m
R84.4m
R1 658m
R390.2m
R2 326m
Payments into CARA
R37.3m
R34.8m
R98.5m
R58.2m
R50.2m
R381.1m
Value of
Recoveries
ito
POCA (Victims + CARA)
R131.1m
R63.4m
R182.9m
R1 716.2m
R440.4m
R2 707.1m
36
Value of recoveries in terms of POCA
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Success
rate
95.1%
(442/465)
93%
(367)
96%
(393/411)
Slide37Value
of recoveries in relation to corruption where the amount benefited is more than R5 millionSuccess mainly as a result of strategies focusing on high value cases with the ACTT
Value of recoveries from government officials convicted of corruption and other related offences Excellent performance due to several big recoveries of more than R500 000 each in cases finalised
37
Value of Recoveries
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Value of recoveries in relation to corruption where the amount benefited is more than R5m
R1 553m
R40m
(R70m)
R154.8m
(R1 707.8m)
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Value of recoveries for government officials convicted of corruption
and related offences (proceeds of crime and government)
R11.1 million
R200 000
(R300 000)
R1.3 million
(R12.4 million)
Slide38OWP
achieved its key performance indicator of no witnesses or related persons harmed, threatened or killed,
for 15 years in a row181 new admissions into the programme, bringing total no. of witnesses managed to 355 250 witnesses attended judicial proceeding Protection of witnesses resulted in 61 accused found guilty, 1 854 jail terms and 44 life sentences of direct imprisonment where imposed 38Strategic Objective 4:
Ensure threatened witnesses are successfully protected
Performance Indicator
Actual Achievement
2014/15
Planned Target
2015/16
Actual Achievement
2015/16
Number of witnesses harmed, threatened or killed whilst on the witness protection programme
0
0
0
% of witnesses and related persons that walked off the witness protection programme
1.2%
(4)
1.5%
0.6%
(4/662)
Slide39The
mandate of LAD is currently to:Monitor and manage civil litigation matters, and to conduct to a limited extent, some civil mattersVet contracts and service level agreements entered into between NPA and various external partiesCivil Claims
1 109 civil actions were received in 2015/16 compared to 847 in 2014/15 (30.9% increase)Civil actions have more than doubled from 509 in 2012/13 to 1 109 in 2015/16, increasing at an average rate of about 30% per yearApplications & Legal Agreements
253 applications
received and
dealt with, compared
to 258
in
previous
year
51
agreements were vetted in 2015/16 compared to 80 in 2014/15, a significant decrease of 36.3%
39
Legal Affairs Division
Slide4040
Overview
of NDPP’s interventions29 applications for centralisation were authorised521 files pertaining to representations were received, 384 finalised (clearance ratio = 73.7%)
MLAs and extraditions
–37 out of 107 requests finalised for MLAs (both incoming and outgoing)
31 of these requests were received from foreign states; 27 initiated by RSA to foreign states
92 requests for extraditions dealt with, 19 were finalised
The NPA participated in negotiations of a treaty on MLAs between RSA and the UK, as well as RSA and Botswana
Training aimed at enhancing
international cooperation
in criminal matters – the international cooperation component is actively participating in the Trafficking in
P
ersons
T
ask Team
The
Africa Prosecutors Association
(APA) released its ever 1
st
hand book and training manual on counter-terrorism, drafted by the NDPP, Adv. Shaun Abrahams
NDPP attended the International Association of Prosecutors (IAP) conference hosted in Russia, with the theme “
C
ombating
T
errorism
A
nd
V
iolent
E
xtremism”
Slide4141
Financial
Resources Overview: Expenditure Report As from 2014/15 , the NPA incorporated its annual financial statements into the DoJ&CD’s
Sub- programme name
2015/16
2014/15
Final appropriation
Actual Expenditure
(Over)/under expenditure
Final appropriation
Actual Expenditure
(Over)/under expenditure
R’000
R’000
R’000
R’000
R’000
R’000
National Prosecutions Service
2,326,444
2,326,444
-
2,144,150
2,144,150
-
National Specialised Prosecutions Services
299,038
299,038
-
269 485
269 485
-
Asset Forfeiture Unit
133,138
133,138
-
133 568
133 568 -
Office for Witness Protection
183,689
183,689
-
160 737
160 737
-
Support Services
432,037
432,037
-
546 183
546 183
-
Total
3,374,346
3,374,346
-
3 254 123
3 254 123
-
Slide4242
Expenditure
on compensation of employees before virement, was at 100.52% (R2.8 billion), due to the implementation of Cost of Living Adjustment, including increase in the housing allowances during the financial year Budget allocation per economic classification
Expenditure Report
Slide4343
Personnel Position
Overall human capacity declined from 2014/15 to 2015/16, accompanied by an increase of 3.94% in the head count for prosecutorial and legal capacityThis signifies a steady increase of 18.9% of capacity in the core business over a period of five yearsThe organisation is currently conducting a work study project which seeks to review the effectiveness of the current organisational design as well as evaluate the optimal capacity for the organisation to obtain maximum benefit from the existing resourcesDue to insufficient funding of the establishment, the NPA is not able to fill vacancies, which will impede performance
As at 31 March 2016, the NPA employed a total of 3 572 prosecutors across the country
44
Personnel Position @ 31 March 2016
Breakdown of permanent prosecutors employed in the NPA
Provinces
African
White
Indian
Coloured
Total
EC
283
101
10
49
443
FS
131
86
6
8
231
GP
622
33
50
309
1 014
KZN
355
63
118
16
552
LP
182
16
0
3
201
MP
113
4
4
41
162
NC
73
25
1
21
120
NW
119
17
1
6
143
WC
117
134
27
222
500
Total
1 995
479
217
675
3 366
Slide4545
Personnel position @ 31 March 2016
Breakdown of prosecutors on contract
Provinces
African
White
Indian
Coloured
Totals
EC
31
7
1
7
46
FS
16
4
0
0
20
GP
63
10
10
1
84
KZN
4
0
0
0
4
LP
39
0
0
0
39
MP
6
0
0
0
6
NC
0
0
0
1
1
NW
0
0
0
0
0
WC
2
1
0
2
5
Total
163
22
11
10
206
Slide4646
Types of misconduct
Number of Prosecutors
Outcome
Unprofessional conduct
4
1x Not guilty
, 1x
Closed
2x verbal warning
Defying a reasonable instruction
1
1x Not guilty
Improper conduct
3
2x Closed
1 X 5 days without pay
Bringing the NPA into disrepute
2
1 x Final written warning
1x 3 months suspension without pay
Misuse of state vehicle
11
2 x 1 month suspension without pay
8x Written warning
Disclosure of confidential information
1
1 X Final written warning
Misconduct
Cases and Related Outcomes
Slide47NPA PERFORMANCE REPORT
QUARTER 1 - 2016/17 12 OCTOBER 2016
Slide48Slide49Slide5050
Conviction rate in complex commercial crime
Conviction rate in trio crimesConviction rate in violent protests and industrial actionValue of completed forfeiture casesValue of freezing ordersValue of freezing orders relating to corruption where the amount involved is more than R5mValue of recoveries relating to corruption where the amount involved is more than R5 million (proceeds of crime and government losses)Value of recoveries for government officials convicted of corruption and other related offences (proceeds of crime and government losses)
Indicators not achieved in Quarter 1
Slide5151
Sub-programme 1:
National Prosecutions ServiceProgramme Performance IndicatorsPerformance
Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Conviction rate in high courts
87%
(224)
91%
(256)
4%
More
cases finalised in which evidence was accepted by the court
Conviction rate in regional
courts
74%
(6 665)
79%(6 554)5%More cases finalised in which evidence was accepted by the court
Conviction rate in district
courts
88%
(64 622)
95%
(72 239)7%More cases finalised in which evidence was accepted by the courtStrategic Objective 1: Increase Successful Prosecution
Slide5252
Conviction rate in High Court
The high courts achieved a 91% conviction rate, exceeding the quarterly target of 87% by 4% The performance improved by 1% compared to last yearThis good performance is due to more cases being finalised in which evidence was accepted by the courtIn terms of the number of convictions, the courts excelled by achieving 256 convictions compared to the intended 224 convictions
The performance improved by 22 convictions compared to last year during which 234 convictions were obtained
Strategic Objective 1: Increase Successful Prosecution
Slide5353
Conviction rate in regional courts
The regional courts maintained a high conviction rate of 79% exceeding the quarterly target of 74% by 5%. Performance improved by 1% compared to last yearThis good performance is due to more cases that were finalised in which evidence was accepted by the court In terms of the number of convictions, the courts obtained 225 more convictions compared to last year
Strategic Objective 1: Increase Successful
Prosecution
Slide5454
The
district courts exceeded the quarterly target of 88% by 7%Performance improved by 1% compared to last yearIn terms of the number of convictions, the courts obtained 6 445 more convictions compared to last yearThe table below indicates the year on year upward trend in the conviction rate achieved by the district courts
Conviction
Rate : District Courts
Slide5555
Sub-programme 1:
National Prosecutions ServiceProgramme Performance Indicators
Performance Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Number of criminal court cases finalised with verdict
82 698
84 523
2%
More verdict cases were finalised
Number of criminal court cases finalised through ADRM
38 807
44 088
14%
More accused successfully completed diversion programmes and more cases were identified for informal mediations
Conviction rate in complex commercial crime
93%
(234)
91%
(190)
-2%
Fewer cases finalised in which evidence was accepted by the court
Corrective Action
: The SCCU continues to make contributions towards the improvement of case flow management at local forums. Meetings and training to investigating officers are used to address the aforementioned problems.
Conviction rate in organised crime
90% (108)91%(73)1%More cases finalised in which evidence was accepted by the courtConviction rate in sexual offences 69% (1 438)70%(1 231)1%More cases finalised in which evidence was accepted by the courtStrategic Objective 1: Increase Successful Prosecution
Slide5656
C
ourts finalised 1 825 (2%) more cases with verdict than quarterly target of 82 698 12 972 (6.4%) more
new cases were enrolled compared to last
year and the quarterly
performance improved by 6 439 verdict cases finalised
compared to last
year
The courts excelled by finalising 44 088 criminal court cases through ADRM, exceeding the quarterly target of 28 807 by 5 281
91% conviction rate achieved in complex commercial crime, 2% below the quarterly target of 93%, and performance decreased by 1% compared to last year.
91
% conviction
rate achieved
in the prosecution of organised crime matters, exceeding the quarterly target of 90% by
1%
The courts achieved a 70% conviction rate in sexual offences, exceeding the quarterly target of 69% by 1%.
The courts did not perform well in terms of the number of convictions and obtained 207 fewer convictions against the intended 1 438 convictions.
Strategic Objective 1: Increase Successful Prosecution
Slide5757
Sub-programme 1:
National Prosecutions ServiceProgramme Performance Indicators
Performance Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Conviction rate in trio crimes
85%
(412)
81%
(379)
-4%
Fewer cases finalised in which evidence was accepted by the court
Corrective Action:
The NPS continues to make contributions towards the improvement of case flow management at PEEC and NEEC. The DPP’s established rescue teams in their respective regions to focus on indicators that are still below target and they render assistance where necessary. Senior Public Prosecutors continue to have regular meetings with prosecutors to identify issues hampering performance in order to address same with the relevant stakeholders at case flow management meetings and the PEEC.
Conviction rate in violent protests and industrial action
74%
(16)
56%
(14)
-18%
Fewer cases finalised in which evidence was accepted by the court
Corrective Action:
Some regions assigned dedicated prosecutors to deal with these cases and they are assisted by advocates from the DPP office that monitor and provide guidance in these cases. Factors impacting on the conviction rates and which are being addressed include, amongst others, the reluctance of witnesses to testify, identification of perpetrators and discrepancies between the evidence of state witnesses. Training is provided to the SAPS units attending to riots and marches as well as to investigating officers in the detective branch of the SAPS.
Strategic Objective 1: Increase Successful Prosecution (NPS)
Slide5858
The courts achieved a conviction rate in trio crimes of 81%, 4% below the quarterly target of 85
%. The performance decreased by 4% compared to last year. The courts did not perform well in relation to the number of convictions and obtained 33 fewer convictions than the intended 412 convictions. However, the performance improved by 70 convictions compared to last year
The courts achieved a 56% conviction rate in violent protests and industrial actions, 18% below the quarterly target of 74%. courts managed to achieve 14 convictions from 25 cases received. Performance within this indicator also increased by 100% compared to last year during which no convictions was obtained.
Strategic Objective 1: Increase Successful Prosecution
Slide5959
13
person against the quarterly target of 6 persons was convicted of corruption or offences related to corruption where the amount benefited per case is more than R5 million.
Performance improved by 30% compared to last
year
A total of 63 government officials were convicted for corruption or offences related to corruption, exceeding the quarterly target of 22 by 41 (186%) government officials. Performance improved by 28 (80%) government officials convicted compared to last
year.
Strategic Objective 1: Increase Successful
Prosecution
Slide6060
The
courts achieved a conviction rate in cybercrime prosecutions of 93%, exceeding the quarterly target of 74% by 19%. This outstanding performance can be attributed to the continuous training of prosecutors and continued interaction with the
judiciary
There are currently 55 TCC sites providing services in line with the verification criteria compared to the 50 sites of last
year
The
courts achieved a 70% conviction rate at TCC reported cases, exceeding the quarterly target of 67% by 3
%
Strategic Objective 1: Increase Successful Prosecution
Slide6161
The AFU completed 137 forfeiture cases, exceeding the quarterly target of 86 by 51 forfeitures cases (59%).
Performance improved by 35 (34%) completed forfeiture cases compared to last
year. The achievement of the quarterly
target is due to a number of cases that were rolled over from the last financial year and finalised in the first
quarter
The
value of completed forfeiture cases was R28.3 million, R14.7 million (34%) below the
quarterly
target of R43 million. Performance
declined by
R21.8 million (44%) compared to last
year
Sub-programme 2:
Assets Forfeiture Unit
Objective Indicators
Performance
Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
QuarterlydeviationsNumber of completed forfeiture cases86137
59%
More cases finalised were chapter 6 matters carried from previous year and more section
18s
were done
Value of completed forfeiture cases
R43m
R28.3m-34%More of the cases finalised were of low value. 4 high value matters were opposedCorrective Action: The AFU will continue to prioritise the finalisation of opposed matters by ensuring that the necessary resources are made available and to prioritise the finalisation of opposed high value matters. Revised requests for resources will be made and motivated by using the performance data. A hands-on approach in sourcing cases will be retained as per the increased support and commitment from the NDPP to assist the AFU.Strategic Objective 2: Ensure profit is removed from crime
Slide6262
The
AFU obtained 67 freezing orders, exceeding the quarterly target of 66 by 1 order. Performance decreased by 1 order compared to last year. An increased usage of the AFU financial investigators and analysts in chapter 6 matters contributed to the achievement of the
target
The AFU finalised freezing orders to the value of R39.8 million, R160.2 million (80%) below the quarterly target of R200 million. Performance decreased by R182 million (82%) compared to last year
Sub-programme 2:
Assets Forfeiture Unit
Programme Performance Indicators
Performance
Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Number of freezing orders
66
67
2%
An increased usage of the AFU Financial Investigators and Analysts in chapter 6 matters
Value of freezing orders
R200m
R39.8m
-80%
3 high value matters that were to be set down for hearing were deferred for Q2
Corrective Action:
A more active role at ACTT nationally will be played. Active monitoring of cases will
be done.
Monthly meetings will be attended by the regional heads and vigorous stakeholder engagement exercises are being undertaken. From April to June 2016 an active effort was put in place to ensure that these engagements take place. One such exercise in Polokwane has already yielded good results wherein SARS has referred more than three high value cases of a combined value of close to R1 billion. Due to logistical arrangements other such meetings were deferred to Q2 starting with North West and Mthatha to follow soon thereafter. Strategic Objective 2: Ensure profit is removed from crime
Slide6363
No
freezing orders relating to corruption where the amount involved is more than R5 million was obtained, 100% below the target of R94 million. Performance decreased by 100% compared to last year in which R144 million was
obtained
Recoveries to the value of R37.5 million in terms of POCA were obtained, exceeding the quarterly target of R32 million by 17%. Performance decreased by R46.9 million (56%) compared to last
year
The AFU won 99% cases (136 out of 137) against the quarterly target of 93%. The performance improved by 4% compared to last year. This was contributed to an increased focus on the use of non-conviction based forfeiture
Sub-programme 2:
Assets Forfeiture Unit
Programme Performance Indicators
Performance
Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Value of freezing orders relating to corruption where the amount involved is more than R5m
R94m
R0m
-100%
3 high value cases were deferred for Q2 and delays in finalisation of financial investigations
Corrective Action:
There are several high value matters (6 cases) that have been prioritised and are set down for hearing in Q2. The said cases will result in the Unit significantly over-achieving in terms of its year to date target in Q2. The value of these matters is over R40 million.
Value of recoveries in terms of POCA
R32m
R37.5m
17%
Increased use of chapter 6Success rate of litigated cases93%(100)99%(136/137)6%More cases litigated and finalisedStrategic Objective 2: Ensure profit is removed from crime
Slide6464
Recoveries
to the value of R2.1million relating to corruption where the amount involved is more than R5 million were obtained, 81% below the target of R11 million. Performance declined by R11.9 million (85%) compared to last year in which R14 million was
recovered
There were no recoveries relating to government officials convicted of corruption and other related offences, 100% below the quarterly target of R61 000. Performance decreased by 100% compared to last year in which R269 103 was
obtained
Sub-programme 2:
Assets Forfeiture Unit
Programme Performance Indicators
Performance
Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Value of
recoveries relating
to corruption where the amount involved is more than
R5m (Proceeds of crime and
govt losses)R11m
R2.1m
-81%
High value cases were opposed and set down for the next quarter
Corrective action:
The AFU will continue to ensure that corruption cases are
prioritised in terms of both chapters 5 and 6 of the POCA to ensure the speedy finalisation thereof. In this regard the unit will continue to engage with its partners at ACTT to ensure that criminal matters, where restraint orders have been obtained, are prioritised to ensure speedy finalisation and increased recoveriesValue of recoveries fore government officials convicted of corruption and other related offences (proceeds of crime and government R61 000R0m-100%There were no significant convictions that would have resulted in corresponding recoveriesCorrective action: Continue to engage with its stakeholders (investigations and prosecutions) to ensure the joint prioritisation and finalisation of both criminal investigations and prosecutions. This will ensure the speedy finalisation of criminal prosecutions where restraint orders are in place.Strategic Objective 2: Ensure profit is removed from crime
Slide6565
During
quarter 1
OWP maintained its excellent performance record for the last 15 years in ensuring that no witnesses and related persons were harmed
,
threatened or killed whilst on the witness protection programme
During the first quarter, 1 witness and 1 related person walked-off the witness protection programme
Strategic Objective
2: Ensure profit is removed from crime
Sub-programme 3:
Office for Witness Protection (OWP)
Programme Performance Indicators
Performance
Against Target
Q1 2016/17
Target
Q1
2016/17
Actual
% Deviation from
Quarterly
Target
Comment on
Quarterly
deviations
Number of witnesses and related persons harmed, threatened or killed while on the witness protection programme
0
0
0%
Effective operational
model and planning
Percentage of witnesses and related persons that walked off the witness protection programme
1.5%
0.4%
(2/449)
-1.1%Witnesses are not kept under 24 hour guard, they are placed in places of safety – re-integrate into society. Voluntary admission, voluntary sign off
Slide6666
Strategic Objective
3: Ensure threatened witnesses are successfully protected54 witnesses and 40 related persons joined the programme. A total of 449 witnesses and related persons were managed during the first quarter20 witnesses and 12 related persons signed off the programme
5 witnesses and 8 related persons were discharged
36 witnesses with 38 related persons were resettled/relocated in a humane manner through amicable resettlement agreements after completing their testimony or after it was decided by the prosecution not to use them as witnesses
10 witnesses returned to the danger area and
0 formal grievances were laid
Thank you