PERFORMANCE FOR APRIL JUNE 2017 6 September 2017 1 2 Quarter 1 201718 performance overview Performance per subprogramme CONTENTS 3 The NPA provides a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised pro ID: 633789
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Slide1
NATIONAL PROSECUTING AUTHORITY PERFORMANCE FOR APRIL – JUNE 20176 September 2017
1Slide2
2
Quarter 1 2017/18 - performance overview
Performance per sub-programme
CONTENTSSlide3
3
The NPA provides a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions. Removes the profit from crime. Protects certain witnesses.
Sub-programmes of the NPA:
National Prosecutions
Service (NPS)
Asset Forfeiture Unit (AFU)
Office for Witness Protection (OWP)Support Services
INTRODUCTIONSlide4
4
NPA Performance from
April - June 2017
The NPA reports on 24 indicators in the 2017/18 financial year
During Q1 the NPA reported on 22 targets, of which 15 (68%) were achieved and 7 (32%) were not achieved
Two indicators (NPS - No of operational TCCs) & AFU (Value of recoveries for government officials convicted of corruption etc.) were not reported on during Q1Slide5
5
Performance Per Sub-Programme from April - June 2017
The NPS reported on 12 targets, of which 9 (75%) were achieved and 3 (25%) were not achieved
The AFU reported on
8
targets, of which 4 (50%) were achieved and 4 (50%) were not achieved
The OWP reported on 2 targets and both were achievedSlide6
6
Conviction rate in trio crimes
Conviction
rate in violent protests and industrial actions prosecuted
Number of government officials convicted for
corruption
or offences related to corruption Value of freezing ordersValue of freezing orders obtained relating to corruption where the amount involved is more than R5 millionValue of recoveries in terms of POCAValue of recoveries relating to corruption where the amount involved is more than R5 millionIndicators not achieved
from April – June 2017Slide7
1. INTRODUCTION
77
PROGRAMME PERFORMANCE
Strategic Objective 1:
Increased
Successful
Prosecution
Status of performance per
sub-programme
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
1.1
Conviction rate in high courts
87%
(897)
87%
(224)
91%
(213)
5%
1.2
Conviction rate in regional
courts
74%
(25 528)
74%
(6 382)
81%
(6 526)
9%
1.3
Conviction rate in district
courts
88%
(248 301)
88%
(62 075)
96%
(71 272)
9%
1.4
Conviction rate in complex commercial crime
93%
(928)
93%
(232)
94%
(201)
1%
1.5
Conviction rate in organised crime
90%
(269)
90%
(63)
94%
(80)
4%
1.6
Conviction rate in
sexual offences
69%
(4
723
)
69%
(1
176
)
73%
(1 292)
6%
Slide8
1. INTRODUCTION
PROGRAMME PERFORMANCE
Strategic Objective 1:
Increased
Successful
Prosecution
Status of performance per
sub-programme
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
1.7
Conviction rate in
trio crimes
85%
(1
552
)
85%
(385)
80%
(419)
(6%)
Reason for deviation:
Reduced inflow of cases coupled with incomplete investigation
and
collection of evidence at the scene of the crime as well as the absence of corroboratory evidence with regards to the identity of the offender.
Notwithstanding the failure to achieve the target, the regions made a positive impact on the three categories included in trio crimes category. The total of 419 case convictions relates to 495 counts comprising of 258 house robbery counts, 129 business robbery counts and 108 vehicle robbery/hi-jacking counts. Further analysis indicated that the highest conviction rate of 82.4% were achieved in house robbery counts whilst the lowest conviction rate of 78.3% was achieved in Vehicle robbery/hi-jacking counts.
Corrective
action:
The NPA continues to make contributions towards the improvement of case flow management at PEEC and NEEC. Regular engagement and the allocation of dedicated personnel to oversee the progress of these
cases are some initiatives bearing fruit.
The prosecutors are encouraged to continue focusing on close prosecution guided investigations to avoid the delays when SAPS is investigating these matters. Prosecutors are also embarking on training of SAPS investigators. This is an on-going process, with positive benefits being expected.Slide9
1. INTRODUCTION
9
PROGRAMME PERFORMANCE
Strategic Objective 1:
Increased
Successful
Prosecution
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
1.8
Conviction rate in violent
protests and industrial action
prosecuted
74%
(46)
74%
(6)
57%
(13)
(23%)
Reason for deviation:
Reduced inflow of cases coupled with incomplete investigation
and
the inherent challenges within these intricate cases such as reluctance of witnesses to testify, identification of perpetrators and discrepancies between the evidence of state witnesses resulted in a low conviction rate.
Corrective action:
Some
regions assigned dedicated prosecutors to deal with cases of violent protest and industrial action and they are assisted by advocates from the DPP office that monitor and provide guidance.
Training is provided to the police units attending to riots and marches as well as to investigating officers in the detective branch of SAPS.
1.9
Number of persons convicted
of corruption or offences
related to corruption where
the amount involved is more
than R5 million
33
8
8
0%
Slide10
1. INTRODUCTION
10
PROGRAMME PERFORMANCE
Strategic Objective 1:
Increased
Successful
Prosecution
Sub-programme 1: National Prosecutions Service
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
1.10
Number of government
officials convicted for corruption or offences related to corruption
210
53
49
(8%)
Reason for deviation:
Reduced inflow of cases coupled with a reduction
in court utilisation.
Several partly heard matters could not be finalised and resulted in the target not being attained, albeit marginally (only one official less than the set target of 50).
Corrective action:
Continuous engagement with all stakeholders are conducted on regular basis.
The NPA is participating and monitoring progress in the ACTT meetings.
1.11
Conviction rate in cybercrime prosecution
74%
(256)
74%
(60)
98%
(82)
32%
1.12
Conviction rate at TCC reported cases
68%
(1 511)
68%
(377)
77%
(570)
13%
Slide11
1. INTRODUCTION
11
PROGRAMME PERFORMANCE
Strategic Objective
2:
Ensure
that profit
is removed from crime
Sub-programme 2: Asset
Forfeiture Unit
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
2.1
Percentage of completed
forfeiture cases
96%
(336/349)
96%
(84)
153%
(129)
59%
2
.2
Value of completed forfeiture cases
R600m
R120m
R120.1m
0.1%
2.3
Percentage
of freezing orders
100%
(261)
100%
(65)
120%
(78)
20%
2.4
Value of freezing orders
R1.2bn
R600m
R167.9m
(72%)
Reason for deviation:
The delay in the finalisation of criminal investigations of complex
high value cases at ACTT, as well as the budget cuts, have severely impacted on prioritised investigations.
Corrective
action:
Measures to speed up the finalisation
and setting down of pending forfeiture application papers were implemented. Priority will be given to activities to source new high value matters.
The AFU will continue to consistently engage
with its stakeholders to ensure timely referral of the relevant cases.Slide12
1. INTRODUCTION
12
PROGRAMME PERFORMANCE
Strategic Objective
2:
Ensure profit is removed from crime
Sub-programme 2: Asset
Forfeiture Unit
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
2.5
Value of freezing orders obtained relating to corruption where the amount involved is more than R5 million
R800m
R448m
R0
(100%)
Reason for deviation:
Matters
were not ripe to be set down to obtain freezing
Corrective
action:
The AFU will continue to engage
with its stakeholders at ACTT to ensure that certain identified high value cases, which are currently under investigation in terms of both chapters 5 and 6 of POCA, are prioritised for finalisation. Special attention will be given to joint planning with the DPCI, SIU, SCCU and NPS to ensure that investigations are finalised and to ensure that the drafting of charge sheets are expedited.
2.6
Value of recoveries in terms of Prevention of Organised Crime Act (POCA)
R300m
R60m
R26.8m
(58%)
Reason for deviation:
Limited number
of high value cases where recoveries could be made and more low value cases completed
Corrective
action:
Enforcement in all cases will be prioritised.
2.7
Success rate of litigated cases
93%
(312)
93%
(78)
99%
(129)
6%
Slide13
1. INTRODUCTION
13
PROGRAMME PERFORMANCE
Strategic Objective
2:
Ensure profit is removed from crime
Sub-programme 2: Asset
Forfeiture Unit
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
2.8
Value of
recoveries relating
to corruption where the amount involved is more than
R5 million (proceeds of crime and government losses)
R100m
R20m
R2.8m
(86%)
Reason for deviation:
No applicable
cases were received.
Corrective
action:
The Regional Heads are engaging with stakeholders to ensure that matters are referred and that investigations are completed.Slide14
1. INTRODUCTION
14
PROGRAMME PERFORMANCE
Strategic Objective 3: Ensure
vulnerable and intimidated
witnesses and related persons are successfully protected
Sub-programme 3: Office for Witness Protection (OWP
)
Programme performance indicators
Target
Target
Actual
Deviation from planned target
Status
2017/18
Quarter
1
Quarter
1
3.1
Number of witnesses and related persons harmed, threatened or killed while on the witness protection programme
0
0
0
0%
3
.2
Percentage of witnesses and related persons that walked off the witness protection programme
1.5%
1.5%
0.2%
(1/486)
87%
Slide15
Q1 Budget Status6 September 201715Slide16
16NPA Overall Budget vs Expenditure as at 30th of June 2017 per Economic Classification
Economic
Classification
Total ExpenditureENE Budget Allocation
Budget
Available
% Spent
Compensation of Employees
786,429,544
3,111,219,000
2,324,789,456
25.28%
Payments for Financial Assets
12,756
0
-12,756
0.00%
Goods and Services
148,405,749
512,509,000
364,103,251
28.96%
Households
2,783,897
8,017,000
5,233,103
34.72%
Machinery and Equipment
9,803,043
43,573,000
33,769,957
22.50%
Departmental Agencies & Accounts
0
8,993,000
8,993,000
0.00%
Buildings & Other Fix Structures
0
0
0
0.00%
Grand Total
947,434,989
3,684,311,000
2,736,876,011
25.72%Slide17
17NPA Overall Budget vs Expenditure as at 30th of June 2017 per Sub-Programme
Economic
Classification
Total ExpenditureENE Budget
Allocation
Budget
Available%
Spent
National
Prosecutions Service
(
NPS)
737,750,162
2,897,010,000
2,159,259,838
25.47%
Asset
Forfeiture Unit (
AFU
)
32,077,738
131,909,000
99,831,262
24.32%
Office
for Witness
Protection
(
OWP
)
52,642,623
175,683,000
123,040,377
29.96%
Support
Services (SS)
124,964,466
479,709,000
354,744,534
26.05%
Grand Total
947,434,989
3,684,311,000
2,736,876,011
25.72%Slide18
18Budget vs Expenditure – Economic Classification per Sub-programmeSlide19
19Sub-programme 1: NPS as at 30th of June 2017 per EC
Economic
Classification
Total ExpenditureENE Budget
Allocation
Budget
Available% Spent
Compensation of Employees
689,650,145
2,719,896,000
2,030,245,855
25.36%
Payments for Financial Assets
6,442
0
-6,442
0.00%
Goods and Services
44,936,382
165,202,000
120,265,618
27.20%
Households
2,549,683
4,372,000
1,822,317
58.32%
Machinery and Equipment
607,510
7,540,000
6,932,490
8.06%
Departmental Agencies & Accounts
0
0
0
0.00%
Buildings & Other Fix Structures
0
0
0
0.00%
Grand Total
737,750,162
2,897,010,000
2,159,259,838
25.47%Slide20
20Sub-programme 2: AFU as at 30th of June 2017 per EC
Economic
Classification
Total ExpenditureENE Budget
Allocation
Budget
Available% Spent
Compensation of Employees
28,172,055
113,257,000
85,084,945
24.87%
Payments for Financial Assets
2,967
0
-2,967
0.00%
Goods and Services
3,654,801
18,170,000
14,515,199
20.11%
Households
229,914
281,000
51,086
81.82%
Machinery and Equipment
18,001
201,000
182,999
8.96%
Departmental Agencies & Accounts
0
0
0
0.00%
Buildings & Other Fix Structures
0
0
0
0.00%
Grand Total
32,077,738
131,909,000
99,831,262
24.32%Slide21
21Sub-programme 3: OWP as at 30th of June 2017 per EC
Economic
Classification
Total ExpenditureENE Budget
Allocation
Budget
Available% Spent
Compensation of Employees
23,311,391
86,806,000
63,494,609
26.85%
Payments for Financial Assets
3,347
0
-3,347
0.00%
Goods and Services
29,294,972
86,813,000
57,518,028
33.74%
Households
0
114,000
114,000
0.00%
Machinery and Equipment
32,913
1,950,000
1,917,087
1.69%
Departmental Agencies & Accounts
0
0
0
0.00%
Buildings & Other Fix Structures
0
0
0
0.00%
Grand Total
52,642,623
175,683,000
123,040,377
29.96%Slide22
22Sub-programme 4: SS as at 30th of June 2017 per EC
Economic
Classification
Total ExpenditureENE Budget
Allocation
Budget
Available% Spent
Compensation of Employees
45,295,953
191,260,000
145,964,047
23.68%
Payments for Financial Assets
0
0
0
0.00%
Goods and Services
70,519,594
242,324,000
171,804,406
29.10%
Households
4,300
3,250,000
3,245,700
0.13%
Machinery and Equipment
9,144,619
33,882,000
24,737,381
26.99%
Departmental Agencies & Accounts
0
8,993,000
8,993,000
0.00%
Buildings & Other Fix Structures
0
0
0
0.00%
Grand Total
124,964,466
479,709,000
354,744,534
26.05%Slide23
23NPA Overall Budget vs Expenditure as at 31st of July 2017 per Economic Classification
Economic
Classification
Total ExpenditureENE Budget Allocation
Budget
Available
% Spent
Compensation of Employees
1,044,941,840
3,111,219,000
2,066,277,160
33.59%
Payments for Financial Assets
15,676
0
-15,676
0.00%
Goods and Services
194,487,587
512,509,000
318,021,413
37.95%
Households
3,012,609
8,017,000
5,004,391
37.58%
Machinery and Equipment
10,179,276
43,573,000
33,393,724
23.36%
Departmental Agencies & Accounts
23,536
8,993,000
8,969,464
0.26%
Buildings & Other Fix Structures
1,557,099
0
-1,557,099
0.00%
Grand Total
1,254,217,623
3,684,311,000
2,430,093,377
34.04%Slide24
24NPA Overall Budget vs Expenditure as at 31st of July 2017 per Sub-Programme
Economic
Classification
Total ExpenditureENE Budget
Allocation
Budget
Available%
Spent
National
Prosecutions Service
(
NPS)
971,693,779
2,897,010,000
1,925,316,221
33.54%
Asset
Forfeiture Unit (
AFU
)
41,677,972
131,909,000
90,231,028
31.60%
Office
for Witness
Protection
(
OWP
)
65,884,287
175,683,000
109,798,713
37.50%
Support
Services (SS)
174,961,585
479,709,000
304,747,415
36.47%
Grand Total
1,254,217,623
3,684,311,000
2,430,093,377
34.04%Slide25
25Cost pressures, unfunded priorities and ChallengesSlide26
Cost Pressures
Immediate requirement of R71,1 million on warm bodies within the NPA for the 2017/18 financial year. NT approved R57m
virement
to CoE. Forced savings will be effected in the following areas:R 15m – Machinery and EquipmentR 15m – Travel and Subsistence
R 12m – Property payments
R 10m – Consumables
R 5m - Communications 26Slide27
Unfunded Priorities
Critical vacancies R63 million
R 27,2 million for 156 Aspirants for 12 months
R 35,8 million for DPP Offices in Polokwane and MpumalangaNPA Critical posts identified239 (Excl Mpumalanga and Polokwane) posts with total cost of R 134,988 million (R435 million over MTEF) Funding of Presidential Appointments vacancies (4 Special Directors and 2 DPP’s) of R 10,4 million (R33,6 million over MTEF)
27Slide28
Unfunded Priorities (Cont.)
PROGRAMMES 4: NATIONAL PROSECUTING AUTHORITY
2017/18
2018/192019/20
Total
Shortfall on Warm bodies
71,181
200,705
223,588
495,474
Aspirants Prosecutor (156 for next 3 years)
27,239
29,227
31,361
87,827
Absorption
of Aspirants
0
38,568
41,383
79,951
DPP Polokwane and
Mpumalanga
35,815
38,429
41,235
115,479
Sub Total
134,235
306,930
337,568
778,733
Other Critical posts in NPA
134,988
144,842
155,416
435,246
Presidential Appointments
10,433
11,195
12,012
33,639
Sub Total
145,421
156,037
167,427
468,885
Total
279,656
462,967
504,995
1,247,618Slide29
Challenges on Compensation
Total moratorium on filling of posts since 2015/ 2016 and related impact on staff morale and segregation of functions. NPA has lost 157 officials during 2016/17 and 55 in current financial year.
Growth in requirement of services
The sustainability of the NPA prosecutorial services due to the suspension of the Aspirant Prosecutor Training ProgrammeNo tool for employer initiating early retirement packages
29Slide30
Non-filling
of
vacancies will results in:Increase in backlog cases
Absenteeism due to increased pressure of existing staffIncreased cost on EWP services Limited availability of prosecutors and negative impact on court performanceThreats to witnesses due to reduction of protection servicesImpact of reduced CoESlide31
NPA Change in Personnel numbers31
PROGRAMMES 4: NATIONAL PROSECUTING AUTHORITY
Apr-17
May-17Jun-17
Jul-17
CoE
Actual expenditure (R’000)
R 265,428
R 262,134
R 258,868
R 258,512
Head count
4,828
4,803
4,799
4,786
Average compensation per head (Rand thousand)
55
55
54
54
Number of posts additional to the establishment
147
134
115
113
Change in Personnel Numbers
-13
-25
-4
-13
Average attrition rate of 60
%
relates to Prosecutors, 20% to Advocates and 20% to Management and AdministrationSlide32
Projected overspending on Compensation of Employees (CoE) 2017/18 – 2019/2032Slide33
Projected overspend on Compensation (CoE) – 2017/1833
Scenario
- No Resignations (Staff establishment unchanged)
Economic Classification
Original budget (2.34% increase)
Projected expenditure (Incl. COLA)
Performance Bonuses (80%)
Projected Total Expenditure
Variance
2017/18
Compensation of Employees
3 111 219
3,145,071
37,329
3,182,400
-71,181Slide34
Projected overspend on Compensation (CoE)
Scenario is based
on the following
assumptionsNo resignations – Staff establishment remains unchanged. 7.3% increase iro COLA
80% performance bonuses
This will result in an anticipated overspent of R71,1,8m (2017/18); R 200,7m (2018/19) and R223,6m (2019/20)
34Slide35
Aspirant Prosecutor Training Programme
Aspirants Prosecutors appointed on contract LP-1 level and absorbed into LP-3 level
35
Aspirants
12
months
R’0006 monthsR’000
156 @ R 174 606 pm
27
238
13
619
Absorption of Aspirants into LP3 posts
after training
Cost Year 2
Cost Year 3
156 @ R 247 236
38
569
41 383Slide36
Non filling of vacant positions
- this will not sustain the NPA
Aspirant
prosecutor programme on hold – sustainability of the NPASubsistence and Transport
Only NDPP VIP catering approved.
Optimal use of Fleet Vehicles vs shuttle use
All long term contracts will be reviewed yearlyNew contracts – will reduce bouquet of servicesReview of IT services and contracts
Continued Interventions to curb
expenditure
36Slide37
Thank you37