NDPP’S ANNUAL REPORT - PowerPoint Presentation

Slide1

NDPP’S ANNUAL

REPORT

2015/16

PRESENTATION TO THE

PORTFOLIO

COMMITTEE ON JUSTICE AND CORRECTIONAL

SERVICES

12

OCTOBER 2016

Slide2

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 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

Slide3

3

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

Slide4

4

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

Slide5

5

Organisational Structure

Slide6

6

(Special) Directors of Public Prosecutions

Slide7

7

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

Slide8

8

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

Slide9

9

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

Slide10

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

Slide11

Total 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

Slide12

Court 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

Slide13

The 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

Slide14

The 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

Slide15

In 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

Slide16

The 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

Slide17

A

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

Slide18

The 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)

Slide19

The 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)

Slide20

Focus 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

Slide21

All

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

Slide22

The 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

Slide23

Pursuant

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)

Slide24

Particular 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)

Slide25

The 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

Slide26

The 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

Slide27

Victim 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

Slide28

The

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)

Slide29

In 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

Slide30

A 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

Slide31

The 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)

Slide32

32

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)

Slide33

Number 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

Slide34

Number 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

Slide35

Freezing

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

Slide36

Recoveries

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)

Slide37

Value

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)

Slide38

OWP

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)

Slide39

The

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

Slide40

40

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”

Slide41

41

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

-

Slide42

42

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

Slide43

43

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

Slide44

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

Slide45

45

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

Slide46

46

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

Slide47

NPA PERFORMANCE REPORT

QUARTER 1 - 2016/17 12 OCTOBER 2016

Slide48

Slide49

Slide50

50

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

Slide51

51

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

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52

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

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53

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

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54

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

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55

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

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56

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

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57

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)

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58

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

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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

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60

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

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61

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

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62

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

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63

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

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64

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

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65

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

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66

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

 

Slide67

Thank you