201617 PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES 04 OCTOBER 2017 2 Introduction Legislative and other mandates Organistional Structure Organisational ID: 815384
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Slide1
NDPP’S ANNUAL
REPORT
2016/17
PRESENTATION TO THE
PORTFOLIO
COMMITTEE ON JUSTICE AND CORRECTIONAL
SERVICES
04
OCTOBER
2017
Slide22
Introduction
Legislative and other mandatesOrganistional StructureOrganisational OverviewProgramme PerformanceExpenditureResourcing
Contents
Slide33
Vision
Justice in our society so that people live in freedom and securityMissionGuided by the Constitution, we in the National Prosecuting Authority, ensure justice for the victims of crime by prosecuting without fear, favour or prejudice, and by working with our partners and the public to solve and prevent crimeValuesIntegrity Accountability Service excellence Professionalism
Credibility
Introduction
Slide44
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 DPPs
Further, the National Director must issue policy directives which must be observed in the prosecution process
Constitutional Mandate
Slide55
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
Slide66
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 space
Outcome 5: Ensure domestic stability
Outcome 7: Corruption in the public and the private sectors reduced
Slide77
Organisational Structure
Slide88
(Special) Directors of Public Prosecutions
Slide99
Organisational overview
The NPA has three strategic objectivesIncreased successful prosecution
Ensure
that profit is removed from crime
Ensure threatened witnesses and related persons are successfully protected
Slide1010
Organisational overview
NPA Sub-ProgrammesNational 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
Slide1111
Organisational overview
NPA Operational EnvironmentNPA performance depends largely on stakeholders, especially the police and the judiciary
Successful prosecution depends on investigations and evidence presented by the police
Ensuring that trial ready cases proceed timeously remains a primary challenge that is not adequately addressed by the CJS
The placing of too few cases on the court roll for trial, results in the inability to optimally utilised court hours, which hampers performance
The Norms and Standards issued by the Chief Justice which vest the responsibility of determining the number of cases placed on the court rolls daily has not to date yield the required increase in the utilisation of court hours and the increase
in the finalisation of court cases
Slide1212
Organisational overview
The implementation of pre-trial hearings was identified as a solution to minimise the remands of trial ready casesNPA participates in various structures such as Case Flow Forums and National and Provincial Efficiency Enhancement
Committees in an endeavour to alleviate many operational challenges
Budgetary constraints resulted in vacant posts not being filled, placing severe strain on the NPA’s staff establishment, affecting the aspirant prosecutors programme (which is critical to sustain the organisation’s professional staff, and negatively impacting on other organisational operations, such as the establishment of new operational
Thuthuzela
Care Centres (TCCs)
Slide1313
Organisational overview
2016/17 Audit OutcomeNPA is audited as Programme 4 under DOJ &CD
Overall AG expressed an Unqualified Audit Opinion on Programme 4 (NPA)
For the year 2016/2017 audit, there was only one (1) material finding that related to performance information reporting
There were material differences between AFU National Case register and the Annual Report in relation to
programme
4 on Asset Forfeiture Unit indicators.
AFU National Case register was reviewed in line with auditors finding and adjustments were made on the Annual Report.
Audit action plans are in place to ensure that management implements corrective measures and that repeat audit findings are circumvented
Slide1414
NPA
Comparative Annual Performance from 2014/15 to 2016/17
Slide15Strategic Objective 1: Increased successful prosecution
Conviction rates in High CourtsHigh conviction rates were maintained in all forums
.The high courts received 939 new cases and finalised 1 064 cases with 968 guilty verdicts and 96 acquittals and 61 withdrawals. High courts achieved a 91% conviction rate exceeding the target with 4% The number of formal bail applications in the high courts increased remarkably by 115% from 26 to 56. The reason for such increase could mainly be attributed to the increase in complex and lengthy cases. The high courts saw a slight decrease in the number of appeals received and finalised which was 3.4% from 2 520 to 2 439 appeal cases
15
Sub-Programme 1: National Prosecutions Service
Performance against targets
Objective
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Conviction
rate in high courts
89.9%
(910)
87%
(897)
91%
(968)
Conviction rate in regional courts
78.4%
(24 958)
74%
(26 660)
79.8%
(25 209)
Conviction rate in district courts
94.5%
(263 377)
88%
(258 488
95.6%
(295
013)
Performance Overview
Slide16Conviction
rate and progress of Regional CourtsThe regional courts enrolled a total of 55 550 cases compared to the previous year with a marginal decline of 1.6%The courts finalised 34 257 cases comprising 31 608 verdict cases (92.3% of the total
finalised cases) with a conviction rate of 79.8% and 2 649 ADRM cases (7.7% of the total finalised cases). The regional courts finalised 7 530 court and criminal matters in addition to the cases finalised including ADRM which take up valuable court timeFormal bail applications (58.8%) coupled with the application for leave to appeal (29.2%)
utilised
the most court time
During this reporting period a total of 4 428 formal bail applications were dealt with, which represents an increase of 27.4% from the total bail applications (3 476) dealt with last year.
A total of 119 234 dockets were received for decision which represents 14 649 (14%) more than the 104 585 received during FY2015/16. Prosecutions were instituted in 18 940 dockets whilst prosecution was declined in 43 298 dockets. A total of 57 270 dockets were referred back for further investigation before a final decision could be made.
Table 1:Progress on court/criminal matters
finalised
16
Performance Overview
Slide1717
Conviction
rate and progress of District CourtsThe district courts enrolled 827 599 new cases which is 3.1% (20 630) more than the 806 969 new cases the previous year. The courts finalised 470 055 cases comprising of 308 688
verdict cases (
66.1%
of the total finalised cases) and 161 367 ADRM cases (34.3% of the total finalised cases).
High conviction rates were maintained during this reporting period and a conviction rate of 95.6% was ultimately maintained by all district courts.
The
district court prosecutors received a total of 777 196 dockets for decision which represents 36 263 (4.9%) more than the 740 933 received during FY2015/16. Prosecutions were instituted in 91 687 dockets whilst prosecutions were declined in 430 363 dockets. A total of 253 710 dockets were referred back for further investigation before a final decision could be made.
Table 2:
P
rogress
on court/criminal matters finalised
COURT/CRIMINAL MATTERS FINALISED
TOTAL
% OF TOTAL
Suspended sentences
4 146
5,8%
Conversion of maintenance trial to enquiry
892
1,2%
Application for leave to appeal
297
0,4%
Committal to mental institution
546
0,8%
Conversion of sentence
275
0,4%
Formal inquests
170
0,2%
CJA: prelim inquiries
10 161
14,1%
Formal bail applications
55 533
77,1%
TOTAL MATTERS FINALISED
72
020
100,0%
Slide1818
All
courts excelled by finalising 505
376
cases comprising of 341
360 verdict
cases and 164
016
cases finalised through ADRM, maintaining a positive ratio between verdict cases (67.5%) and ADRM cases (32.5%).
42 240 cases were diverted after
enrolment, a total of 7
673 children were diverted, comprising of 5 790 children diverted in terms of CJA and 1 883 children diverted after they were referred for trial in a criminal
court
and 115 986 informal mediations were conducted.
Number of Section 41 diversions was reduced by 14.4 % with 199 fewer diversions, although the number of PI diversion increased with 527 (13.4%) diversions
A decline of 33.5% (66) is also noted in the number of schedule 3 diversions. The latter comprised schedule 3 offences known to be more serious transgression where the Director of Public Prosecution may, if exceptional circumstances exist
authorise
such a diversion
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Number of criminal court cases finalised
with verdict
310 850
330 794
341 360
Number of criminal court cases finalised
through ADRM
166 952
155 232
164 016
Performance Overview
Slide19Court
utilisation showed a downward trend over the years and a similar reduction is noted again during this reporting period as indicated in the table below. Table 3: Progress on criminal court hours
Another factor impacting on the achievement of this indicator is the inflow of cases. During 2016/17 reporting period an increased inflow of 2.3% (19 812) was recorded. The NPA also deals with decision dockets that include all criminal matters presented to the prosecutors to consider the institution of a prosecution. These exclude dockets in cases enrolled.
Table 4:
Progress on new decision dockets
received
19
Financial Years
2010/11
2011/12
2012/13
2013/14
2014/15
2015/16
2016/17
Change over previous year
Change over period
10/11-16/17
Average Actual Criminal Court Hours
03:34
03:31
03:30
03:29
03:31
03:16
03:13
-1,7%
-10,2%
District Courts
03:36
03:32
03:31
03:29
03:29
03:13
03:09
-1,9%
-12,5%
Regional Courts
03:34
03:31
03:31
03:34
03:38
03:26
03:22
-1,9%
-5,4%
High Courts
02:59
03:06
02:57
03:04
03:04
02:48
02:56
4,6%
-1,8%
FORUMNEW DOCKETS2015/16% of NationalNEW DOCKETS2016/17% of NationalProgressHigh Court15 4591,8%17 9211,9%15,9%Lower Courts845 52198,2%896 22298,1%6,0%ALL860 980100,0%914 143100,0%6,2%
Performance Overview
Slide20The
number of withdrawals is measured to ensure quality prosecutions and a just outcome in all cases. The regional and district courts indicated a positive decline of 12.3% and 5.3%, respectively, whilst an increase of 13% is noted in the high courts. A decline of 6.1% in the number of cases withdrawn by all prosecutors is depicted in the table below and confirms the enhancement of proper screening procedures implemented by the prosecutorial component
: Table 5: Progress on cases withdrawn
20
FORUM
2015/16
% of National
2016/17
% of National
Progress
High Court
54
0,1%
61
0,1%
13,0%
Regional Court
12 228
11,4%
10 721
10,6%
-12,3%
District Court
95 119
88,6%
90
104
89,3%
-5,3%
ALL
107 401
100,0%
100
886
100,0%
-6,1%
Performance Overview
Slide2121
The NPA achieved a
conviction rate of 90%, which is on target and represents an increase of 1.1% compared to the previous year.
A
total of
368
cases were
finalised with an
increase of 2.2% on the number of cases finalised during the previous
financial year.
A multi-disciplinary team was formed to deal with the gang violence and to this end the NPA concluded
28 gang violence cases from the Northern Areas, with an outstanding conviction rate of 93%; 26 convictions and two acquittals.
Conviction
rate in
rhino prosecution
During this reporting
period,
the
NPA
finalised
39
verdict cases and obtained
38
convictions representing a conviction rate of
97.4%.
Conviction
rate in
environmental crimes
The
NPA
achieved a conviction rate of 94.5% with 363 convictions, 6 more convictions than the previous year
Conviction
rate
on copper theft
The focus on copper theft prosecutions resulted in a remarkable 91.8% with 234 convictions, 43 more convictions than the previous year.
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16Planned Target 2016/17Actual Achievement 2016/17Conviction rate in organised crime88.9%(359)90%(435)
90%
(368)
Performance Overview
Slide2222
The NPA indicated
their commitment to curb the ongoing violence against women
, children
and the vulnerable by finalising 6 669
verdict cases
with 4780 convictions in sexual offences. Not
only did this performance exceed the
set target
of 69% by 4
.3%,
but this is also the
highest conviction
rate
ever recorded.
Conviction
rate
in trio crime
The
NPA finalised 1 858 verdict cases
with 2 290 trio counts and 1 552
convictions in trio crimes.
High
conviction rates were achieved in both business
and
house
robberies whilst vehicle accounted for the lower conviction rate
Table 5:Breakdown of trio counts
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Conviction rate in sexual offences
70.1%
(4
978)69%(5 753)71.7%(4
780
)
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement 2015/16Planned Target 2016/17Actual Achievement 2016/17
Conviction rate in trio
crime
82%
(1 391)
85%
(1 647)
83.5%
(1 552)2016/17CONVICTIONSAQUITTALSVERDICTCONVICTION RATEHouse Robberies9701631 13383%Business Robberies5409863889%Vehicle Robbery / Hi-Jacking4259451976%TOTAL COUNTS1 9353552 29084.5%
Slide2323
The
NPA achieved 58 convictions from 103 verdict cases in violent protests and industrial action cases. Challenges which negatively impacted on performance include the reluctance of witnesses to testify, identification of perpetrators and discrepancies between the evidence and state witnesses.
A conviction
rate of 92% was achieved in
complex commercial
crime during the current financial year
, and
although the target of 93% was not achieved,
the actual
achievement still remains high
.
A decrease
of 2% is noted in
the conviction rate compared to last year
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Conviction rate in violent
protest and industrial action
68%
(73)
74%
(65)
56%
(
58
)
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Conviction rate in complex
commercial crime
94%
(951)
93%
(937)
92%
(
793
)
Performance Overview
Slide2424
The
lower courts excelled by finalising 298
cases with 289 convictions whilst
ensuring quality
prosecutions by maintaining a
remarkable conviction
rate of 97%. The target was not
only exceeded but
an improvement of 1%
is also
noted compared to 96% achieved during
the previous
financial year.
The
target to convict at least 25 people of
corruption where
the amount involved is more than R5
million was
exceeded, and 29 convictions were achieved
.
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Conviction rate in cybercrime
96%
(244)
74%
(161)
97%
(289)
Performance
Indicator
Actual Achievement
2015/16
Planned Target 2016/17Actual Achievement 2016/17Number of persons convicted of corruption where the amount involved is more R5 million
25
25
29
Performance Overview
Slide2525
The
NPA exceeded the target of
90
government officials and secured the conviction of 224 government officials, which is a 9% increase compared to the previous financial year during which 206 officials were convicted.
32
239 matters were reported at the 55 operational TCC sites. The courts achieved a 71% conviction rate in sexual offences cases reported at TCC.
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Conviction rate in
sexual offences cases reported at TCCs
72%
(2 340)
67%
(1 482)
71%
(2 334)
Sub-Programme 1: National Prosecutions Service
Performance against targets
Performance
Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
Number of government officials convicted of corruption or offences related to corruption
206
90
224
Performance Overview
Slide26The NPA completed 572 forfeiture cases
compared to 389 forfeitures in the previous year
This is the highest number of forfeiture cases completed in the past 5 years. A significant number of the said cases were opposed high value complex cases that were carried over from the previous yearThe NPA obtained forfeiture and confiscation orders to the value of R423.6 million (R349.6 million in 2015/16) against target of R230 millionThe continued focus on high value cases and the use of non-conviction based forfeiture contributed to the excellent performance.
26
Strategic Objective 2: Ensure profit is removed from crime
Sub-Programme 2:
Asset Forfeiture Unit
Performance against targets
Objective
Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of completed
forfeiture cases
389
420
572
Value of completed forfeiture cases
R349,5m
R230m
R423,6m
Performance Overview
Slide27The
NPA continued to implement measures to increase productivity, improve coordination and resolve inhibiting factors with its partners to maximised
the profit that was removed from crime.During the 2016/17 financial year 377 freezing orders to the value of R1,194 billion were obtained. This performance was the best performance in the past 5 years.
Freezing
orders relating to corruption where the amount involved is more than R5 million, to the value of R627,3 million were obtained.
Recoveries in terms of POCA to the value of R219 million were obtained, with payments of R149,4 million to the victims of crime and R69,5 million deposited into CARA
.
27
Sub-Programme 2:
Asset Forfeiture Unit
Performance against targets
Performance
Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Number of freezing orders
326
324
377
Value of freezing orders
R778,9m
R1,1bn
R1,194bn
Sub-Programme 2:
Asset Forfeiture Unit
Performance against targets
Performance
Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Value of freezing orders relating to corruption or offences related to corruption where the amount involved is more that R5m
R238,6m
R600m
R627,3m
Value of recoveries in terms of POCA
R444,2m
R170m
R219m
Performance Overview
Slide28The
overall success rate of the AFU’s litigated cases was 99%, through the finalisation of 554 out of 560
casesRecoveries relating to corruption where the amount benefited is more than R5 million to the value of R122,7 million were obtained.Due to an increased focus on the finalisation of high value cases recoveries relating to government officials convicted of corruption and related offences to the value of R1,16 million were obtained.
28
Sub-Programme 2:
Asset Forfeiture Unit
Performance against targets
Performance
Indicator
Actual Achievement 2015/16
Planned Target 2016/17
Actual Achievement 2016/17
Success rate
95,6%
93%
(400)
99%
(554/560)
Value of recoveries relating to corruption where the amount involved is more than R5m
R136,8m
R50m
R122,7m
Value of recoveries for government officials convicted of corruption and other related offences
R13m
R300 000
R1,16m
Performance Overview
Slide29OWP
achieved its key performance indicator of no witnesses or related persons harmed, threatened or
killed, for 15 years in a row228 new admissions into the programme, bringing total no. of witnesses managed to 404 262 (65.3%) witnesses attended judicial proceeding Protection of witnesses resulted in 28 accused found guilty,
308
jail terms and 8
life sentences of direct imprisonment where imposed
29
Strategic Objective 3:
Ensure threatened witnesses are successfully protected
Sub-Programme 3:
Office for Witness Protection
Performance against targets
Performance Indicator
Actual Achievement
2015/16
Planned Target
2016/17
Actual Achievement
2016/17
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
0,6%
(4/662)
1,5%
0,5%
(4/770)
Performance Overview
Slide30The
PCLU reported on two key noteworthy cases, namely the S v Thulsie case and the Okah appeal case. The Thulsie case was postponed for finalisation of investigation and the service of indictment, including the authorisation by the NDPP. The final heads were filed and the office awaits the final date for argument in terms of the Okah appeal
.The Missing Persons Task Team (MPTT)Following the official launch of the Gallows Exhumation Project in the previous year, the MPTT recovered remains of 14 political prisoners who were hanged in 1964 at Kgosi Mampuru Correctional Facility (then known as Pretoria Central Prison
). All fourteen were members of the Pan
Africacnist
Congress (PAC)’s armed wing, then known as
Poqo
Further
exhumations and excavations took place amongst which some of the remains were positively identified as being those of Priscilla
Melekgetho
Mosoeu
aka Kuki
Zwane
The remains of other four individuals were exhumed and may be linked to MK members who disappeared in 1987 in KwaZulu-Natal, the DNA tests are underway to establish identity
Excavations were also carried out on several pauper graves in Soweto and
Mamelodi
.
Sixty
graves were also opened and examined in
Mthatha
in search of two missing MK members.
The MPTT participated in the handover of remains, including remains of the 14 hanged PAC (
Poqo
) members
Three spiritual repatriations were held concerning individuals who were killed in
Komatipoort
The MPTT conducted an end of year progress review of cases and closed 31 cases for the period under
review
30
Priority Crime Litigation
Performance Overview
Slide31The
mandate of LAD is currently to:Provide legal advice, monitor and manage civil litigation matters, render assistance to the NDPP and the NPA in general through legal opinions on case law and high profile cases, and various external parties. Civil Claims
1 383 civil actions were received in 2016/17 compared to 1 109 in 2015/16Applications and Legal Agreements
256 applications
received and
dealt with, compared
to
251 in the previous year
64
agreements were vetted in
2016/17
compared to
51
in
2015/16,
a significant
increase of 28%
31
Legal Affairs Division
Performance Overview
Slide3232
Overview
of NDPP’s interventions24 applications for centralisation were authorised571 files pertaining to representations were received, 384 finalised reflecting a clearance ratio of 73.7%
69 of the finalised files were matters placed before the NDPP as review decisions, 61 were confirmed and 8 were overturned
104 new requests for mutual legal assistance were
received
and 61 were finalised
46 requests for extraditions dealt with, 21 were finalised
The NPA concluded Memoranda of Understanding with the Office of the Prosecutor General of the Russian Federation and Office of the Prosecutor General of the Arab Republic of Egypt
The NPA participated in the 8
th
Conference of the State Parties to the United Nations Convention Against Transnational Organised Crime as well as in the 5
th
Session of the working Group on International Cooperation in Vienna and Austria
The National Director serves as Treasurer-General in the Executive Committee of Africa Prosecutors Association (APA) and two DPPs are members of the Strategic Committee
The NDPP attended the International Association of Prosecutors (IAP) conference hosted Dublin, Ireland and presented a paper titled
The relationship between the Investigation and the Prosecution
The NDPP is also a member of the BRICS Heads of Prosecuting Agencies and led a delegation to a meeting of the heads of prosecuting in Senya, People’s Republic of China, where he presented a paper on
Fighting Corruption To Ensure Sustainable Economic and Social Development
Performance Overview
Slide33Budget vs Expenditure
33
Slide3434
Financial
Resources Overview: Expenditure Report As from 2015/16 , the NPA incorporated its annual financial statements into the DoJ&CD’s
Sub- programme
2016/17
2015/16
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
2,776,285
2,776,285
-
2,625,482
2,625,482
-
Asset Forfeiture Unit
133,011
133,011
-
133,138
133,138
-
Office for Witness Protection
183,521
183,521
-
183,689
183,689
-
Support Services
461,759
461,759
-
432,037
432,037
-
Total
3,554,576
3,554,576
-
3,374,346
3,374,346 -
Slide35Economic Classification
Adjusted Appropriation
Shifting / VirementFinal AppropriationActual Expenditure
Variance
Compensation of employees
3 007 463
32 530
3 039 993
3 039 993
0
Goods and services
486 867
-24 206
462 661
462 661
0
Departmental agencies and accounts
8 565
46
8 611
8 611
0
Households
7 565
2 652
10 217
10 217
0
Machinery and equipment
45 605
-13 743
31 862
31 862
0
Payment for financial assets
1 440
-208
1 232
1 232
0
Total
3 557 505
-2 929
3 554 576
3 554 576
0
35
Final Budget vs Expenditure 2016/17
Financial Resources Overview: Expenditure Report
Slide3636
Budget vs Expenditure 2014/15
2015/162016/17R'000
R'000
R'000
Adjusted Appropriation
2 635 915
2 821 407
3 007 463
Actual Expenditure
2 623 064
2 835 971
3 039 993
Variance
12 851
-14 564
-32 530
Historical
CoE
Budget vs Expenditure
Slide37MTEF
Allocation2017/18 – 2019/2037
Slide38Average growth of
5.03% over the Medium Term Expenditure Framework (MTEF) period
Consumer Price Index (CPIX) - 6.6% (2016/17) Cost of Living Adjustment (COLA) - CPIX + 1% (2016/17 and 2017/18)R’thousand
2013/14
2014/15
2015/16
2016/17
2017/18
2018/19
2019/20
Audited Outcome
Adjusted Appropriation
Medium Term estimates
National Prosecuting Authority
3 068 163
3 254 123
3 374 346
3 557 505
3 684 311
3 836 849
4 116 297
% Growth
6.06%
3.69%
5.43%
3.56%
4.14%
7.28%
38
Overall
Budget growth: MTEF
Slide39R’thousand
2013/14
2014/152015/162016/17
2017/18
2018/19
2019/20
Audited Outcome
Adjusted Appropriation
Medium Term estimates
National Prosecuting Authority
2,431,496
2,623,063
2,835,971
3,039,993
3,111,219
3,229,218
3,474,639
% Growth
7.88%
8.12%
7.19%
2.34%
3.79%
7.60%
39
Overall
CoE
Budget growth: MTEF
Slide4040
Personnel Position
COE ratio to Goods and Services budget is currently sitting at 85:15The governmental employment cost reduction project has a severe impact on NPANPA unable to fill vacant posts and to create posts for newly established Limpopo
and
Mpumalanga
courts
The Aspirant Prosecutors Programme
is currently discontinued
due to financial
constraints
The EWP aimed at empowering and assisting court and TCCs personnel achieved 100% resolution within 48hrs response time
As at 31 March 2017, the NPA employed a total of 3 168 prosecutors across the country, a serious
comperative
decline of 404 prosecutors reported on 31 March 2016
Vacancy rate as at 31 March 2017 is 15%
Resourcing
Slide4141
Personnel Position as at 31 March 2017
Table 6: Breakdown of total employment in the NPA per office
Resourcing
Officer / Division
Total Establishment
Total Filled
Total Vacant
Vacancy Rate
DPP: Eastern Cape Division
431
390
41
10%
DPP: Free State
295
274
21
7%
DPP: KwaZulu-Natal
732
626
106
14%
DPP: Limpopo
323
275
48
15%
DPP: Mpumalanga
250
201
49
20%
DPP:
Mthatha
216
181
35
16%
DPP: North Gauteng
523
437
86
16%
DPP: North West
208
195
13
6%
DPP: Northern Cape
179
146
33
18%
DPP: South Gauteng
572
500
72
13%DPP: Western Cape 6435727111%Sexual Offences & Community Affairs 2201645625%Specialised Commercial Crimes Unit 1921642815%Asset Forfeiture Unit 1661303622%Administrative Support 466
347
119
26%
Office for Witness Protection
165
152
13
8%
Office of the NDPP
102
87
15
15%
5 683
4 841
842
15%
Slide4242
Skills development
Skills development programmes were scaled down due to budgetary constraints
Total number of
attendees, were 3
499, across various
programmes
. The
following are some of the
programmes
attended
by NPA personnel:
Resourcing
Type of Course
Attendees
Type of Course
Attendees
Trial Advocacy
225
Microsoft user training
50
Victim support and related
98
iBase
9
Legal drafting and related
34
Dynamics
18
Law of Evidence/ presenting and admissibility of evidence
264
PMDS
14
Environmental crimes
54
Business / Professional Writing
44
Trio and other serious crimes
107
Workplace Discipline
54
Specialised
/
Organised
Crime
53
Diversity
16
Cybercrime
83
Asset and Disposals
15
Child Justice and child pornography
129
Ethics, Integrity and Related
830
Stock Theft
59Public Administration 734Road Traffic fines 16
Mutual Legal Assistance 17Domestic Violence and Sexual Offences 154Communication Technology 51Human Trafficking 96Emigration and related matters 82Maintenance 44Mediation and ADRM47High Court Bridging 49Forensic Expertise53
Slide4343
Misconduct and disciplinary outcome
The below table indicates the number of misconduct cases dealt with during the year as well as the nature of finalisation. Most of the cases were resolved through final written warnings followed by dismissals.
Table 7:
Misconduct and Disciplinary Outcome
Resourcing
Types of misconduct
Number
% of total
Racism
1
2.4%
Sexual harassment
1
2.4%
Improper conduct
1
2.4%
Bringing the name of the NPA into disrepute
4
9.6%
Misuse of state vehicle
3
7.4%
Incompatibility
1
2.4%
Dereliction of duty
3
7.4%
Negligence
2
4.9%
Non-compliance with the NPA Policy
2
4.9%
Dishonesty ( 6 matters are related to corruption)
14
34.2%
Absenteeism
5
12.3%
Breach of Code of Conduct for the Prosecutors
1
2.4%
Misrepresentation
2
4.9%
Abscondment
1
2.4%TOTAL41100%
Slide4444
Outcome of disciplinary hearings
The below table indicates the nature of misconduct cases dealt with and
finalised
.
Table 8: Outcomes of
Misconduct
and
Discipline Enquires finalised
Labour Matters:
Grievances, total cases 152, resolution rate 80.3%
Disputes, total cases 23, success rate 91.3%
Precautionary suspensions, total cases 15, cost of suspensions R3,535,845.02
Resourcing
Outcomes of disciplinary hearings
Number
% of total
Corrective counselling
2
4.9%
Written warning
5
12.2%
Final written warning
14
34.1%
Suspension
2
4.9%
Dismissal
10
24.4%
Not Guilty
3
7.3%
Case withdrawn
5
12.2%
Total
41
100%
Slide45Thank you