PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 13 October 2010

PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT

13 October 2010

Adv. Menzi Simelane

National Director of Public Prosecutions

11

Scope of Presentation Introduction and Background

Key achievements

Audit findings and plan

Challenges

22

Introduction and Background The NPA is mandated to institute criminal proceedings on

behalf of the state and to carry out any necessary functions incidental thereto.

The NPA is programme 4 within the DoJ&CD budget vote

and the Director-General is the Accounting Officer.

Certain functions have been delegated to the CEO and other

officials in the NPA.

33

Introduction and Background cont.

Aim of the NPA:

The NPA provides a coordinated prosecuting service that

protects certain witnesses and removes the profit from

crime.

The NPA had a particularly excellent year in terms of its

performance with substantial improvements in most areas.

44

Introduction and Background Cont.

The NPA has four sub-programmes: Public Prosecutions provides for general prosecutions and

several specialist prosecution units Witness Protection Programme provides for protection,

support & related services to witnesses. Asset Forfeiture Unit seizes assets that are the proceeds

of crime or have been part of an offence through a criminal or civil process.

Support Services provides corporate services support

55

NPA Budget vs. Exp as at 31/3/2010Per Sub-Programme

66

2009/10

AdjustedAppropriation

Shifting of Funds Virement Final

Appropriation Actual

Expenditure Variance % Spend

R'000 R'000 R'000 R'000 R'000 R'000 %

Public Prosecutions 1,581,402 484 -45,083 1,536,803 1,526,854 9,949 99.4%

Witness Protection Programme 127,611 6,597 -13,985 120,223 120,223 - 100.0%

Directorate Of Special Operations 143,699 842 -41,974 102,567 102,567 - 100.0%

Asset Forfeiture Unit 73,475 5,061 - 78,536 78,536 - 100.0%

Support Services 459,286 -12,984 -42,569 403,733 400,535 3,198 99.2%

Total 2,385,473 - (143,611) 2,241,862 2,228,715 13,147 99.4%

Establishment

Number of Posts (Including

contract posts)

Number of Posts Filled

including contract

appointments

Number of Vacant Posts

Vacancy

Rate

08/09 6243 4690 1553 24.9%

09/10 5562 4643 919 16.5%

77

88

Public Prosecutions: NPS

The NPS is responsible for achieving the following key measurable objectives:

Increase the number of cases finalised by 2 %

Increase the number of cases finalised (including diversion)

by 2 %

Maintain the high conviction rates in all courts

Achievement of NPS on ENE Targets and Indicators

Sub-

ProgrammeIndicator

Target

Actual

Deviation

Notes

2009/10 2009/10

Public Prosecutions

Outstanding court roll at the end of each financial year 236,983 230,477 -2.7%

Reduced inflow and increased finalisation rate resulted in a reduced outstanding court roll

Number of cases finalised: with diversion: NPS 404,229 469,541 16.2%

A significant improvement due to focus on performance management and monitoring

Number of cases finalised: without diversion: NPS 317,677 350,910 10.5%

A significant improvement due to more courts in session and increased focus on performance management

Conviction rate:

High courts86.0% 87.7% 2.0% Increase

Conviction rate:

Regional courts74.0% 73.6% -0.6% Reduction

Conviction rate:

District courts87.0% 90.5% 4.0% Increase

Conviction rate:

Sexual offences courts 66.0% 68% 2.6% Increase

9

Highlights of Achievement The NPA showed a marked improvement in service delivery

targets in most areas in the past year

The finalisation rate improved by 12.5%

Increased cases finalised by means of ADRM by 31.1%

The cases withdrawn was decreased by 15.6%

An increase in conviction rates was also recorded

10

Additional Indicators

The NPS in addition to the ENE indicators and targets monitors several other key indicators.

The NPA has also defined it key indicators which enables

the reader to better understand how the reported figures are

calculated. These are included in the annual report on page

50-52.

1111

Service Delivery Achievements:

Indicator 2007/08 2008/09 2009/10 Progress

Total cases finalised

incl ADRM388,344 431,601 469,541 +8.8%

Admission of Guilt(S57A) 30,115 38,015 46,170 +21.5%

Informal mediation 15,393 38,032 68,270 +79.5%

Cases finalised with verdict and through diversion

343,126 355,554 401,271 +12.9%

Diversions 46,470 43,729 50,361 +15.2%

Cases finalised excl diversions 296,656 311,825 350,910 +12.5%

Cases finalised

(Sat & Add crts)3,503 4,497 4,587 +2.0%

New cases 1,037,538 1,058,298 1,044,346 -1.3%

Decision dockets received - lower crts 452,997 488,780 554,806 +13.5%

Withdrawals 305,893 286,837 242,103 -15.6%

Backlog cases (cases older than 12 m in HC, older than 9 m in RC, 6 m in DC)

39,736 42,495 38,563 -9.3%

Conviction rate 85.9% 86.3% 88.6% +2.7%

1212

Performance Overview of Public Prosecutions

131313

Cases Removed

595 728

New Cases

1 044 346

Total Finalised

469 541

Finalised Verdict

350 910

ADRM

118 631

INPUT OUTPUT: CASES DISPOSED

FORUM NEW CASES

CASES REMOVED FROM

THE ROLLCASES FINALISED

WITHDRAWN/

WARRANTS/

TRANSFERS/

STRUCK OFF ROLL/MENTALS

ADRM VERDICT CONVICTION RATE

HIGH

COURTS1 230 128 1 235 87.7%

REGIONAL COURTS 81 873 46 427 2 110 38 852 73.6%

DISTRICT COURTS 961 243 549 173 116 521 310 823 90.5%

14

Performance Overview of Public Prosecutions

Finalisation of Cases: District Courts

15

Sec 57A - AG Guilty Not GuiltyInformal

Mediation

Diversion

Adult

Diversion

Children

45 986 235 304 29 533 66 542 34 070 15 909

Finalisation of Cases: Regional Courts

16

Sec 57A - AG Guilty Not GuiltyInformal

Mediation

Diversion

Adult

Diversion

Children

184 28 394 10 274 1 728 118 264

Finalisation of Cases: High Courts

17

Guilty & Sentenced Not Guilty Minimum Sentences Confirmed

Minimum Sentences Remitted

1045 152 38 8

Priority Crimes Litigation Unit (PCLU)

PCLU primarily provides prosecution support to investigators in focus areas

The Missing Persons Task Team is managed by the PCLU

and the following was achieved:

• Robben Island Prisoners Project

• Tracing of remains of persons executed between 1960-

1970 – Post Chalmers cases (Pebco 3 and COSAS 2);

Langa six, Zinto Cele)

18

191919

Performance Overview of Specialised Commercial Crime Unit (SCCU)

Measurable Objectives

Increase the number of cases finalised by the specialised commercial crime

unit by 2%

Maintain the high conviction rate

Highlights of Achievement: SCCU 4 887 new cases (including decision dockets) were received

and 2 832 were disposed (58%)

Conviction rate of 93.66% was achieved on those enrolled

246 cases were withdrawn compared to 356 in the previous

year by the dedicated courts (30% reduction)

186 cases were referred to the AFU with an estimated value

of R250m

2020

21

Service Delivery Achievements: SCCU

Indicator 2008/09 2009/10 Progress

Number of courts 9 9 +0.0%

Convictions 1,408 1,025 -27.2%

Conviction Rate 93.70% 93.66% -0.04%

Cases enrolled for trial 1,919 1,339 -30.2%

Cases disposed of 3,529 2,832 -19.8%

2121

22

Service Delivery Achievements: Sexual Offences and Community Affairs (SOCA)


Number of dedicated courts 50 42 -16.0%

Conviction rate: Dedicated Courts 66.7% 67.7% +1.5%

Number of Thuthuzela Care Centres 17 20 +17.6%

Conviction rate: TCC’s 61.2% 64.5% +5.3%

2222

A training manual on Child Justice was developed and 349

prosecutors trained

Policy Directives on Child Justice were prepared

Training provided to 239 prosecutors on sexual offences

Domestic Violence Statistics tool developed

Baseline study report on the level of awareness on human

trafficking was conducted

Hosted Human Trafficking Awareness week

232323

Highlights of Achievement: SOCA

Sub-programme 2: OWP Performance against ENE Targets

2424

Sub-Programme IndicatorTarget Actual

Deviation Notes2009/10 2009/10

Witness Protection

Number of witnesses harmed

or threatened0 0 0.0%

Percentage of walk-offs 14.0% 29.0% 107.1%

The amended definitions as previously reported contributed to this factor. The definition has been amended and submitted for approval

25

OWP: Service Delivery Achievements


Witnesses 218 398 +82.6%

Total including families 431 743 +72.4%

Witnesses harmed 0 0 0%

Walking off program (%) 19.2% 28.0% +45.8%

Formal grievances laid (%) 2.4% 0% +0.0%

2525

Measurable Objective

Increase the value of freezing orders to R360m

Number of cases

New restraints 13% above target

Orders 11% above target

262626

Sub-programme 3: Asset Forfeiture Unit (AFU)

AFU Highlights of Achievement: Value Value of new restraints 36% above target

Value of confiscation orders: 23% above target and second

highest ever

Value of deposits into CARA: 48% above target and 2nd

highest ever

Value of orders in favour of victims of crime: 50% above

target and 2nd highest ever

2727

28

AFU: Service Delivery Achievements


New restraint orders (no.) 275 316 +14.9%

Value of new restraints

(R'000)R 320,254 R 491,000 +53.3%

Completed forfeiture cases (no.) 277 271 -2.2%

Value of assets forfeited (R'000) R 271,588 R 185 ,000 -31.9%

Money paid to CARA R 65,933 R 51.700 -20.9%

Success rate (overall) 86.5% 92.4% +6.8%

Success rate in judgments 63.2% 57.7% -8.7%

2828

29

Challenges Vacancy rate within the prosecutorial component

Case flow related problems and absence of key role players

Lack of promotion of the use of other languages

Prosecutorial and investigative capacities in the NPA and

SAPS

Sub-programme 4: Support Services for NPA

Measurable Objective

Sub-programme aims to ensure effective leadership, management &

administrative support to NPA through continuous refinement of

organisational strategy & structure in compliance with appropriate

legislation & best practice

3030

Highlights of Achievement Quarterly performance reviews conducted

Top risk register developed

Strategic projects managed

Integrity reviews on state housing, management of sick

leave, vetting, implementation of performance mgt, policy

mgt and gift policy mgt.

58 of the 82 cases of misconduct received were investigated

by the IMU

3131

Highlights of Achievement Quarterly performance reviews conducted

Top risk register developed

Strategic projects managed

Integrity reviews on state housing, management of sick

leave, vetting, implementation of performance mgt, policy

mgt and gift policy mgt.

58 of the 82 cases of misconduct received were investigated

by the IMU

3232

Highlights of Achievement cont

National road-shows per plan

Public education and awareness on: human trafficking,

Domestic Violence and Sexual Offences.

Public exhibitions: Grahamstown Art festival, Royal Show,

Pretoria Show and Macufe.

OHS system rolled out at HO and 6 regions

3333

Highlights of achievement cont No staff harmed after implementing protection services

SISP completed and approved

EDRMS rolled out to four more regions

Network availability maintained at 92% uptime

Number of research projects undertaken

Increase in use of library services

3434

Human Resource Development

Conducted a comprehensive skills needs identification process

Successfully rolled-out delivery of training

programmes, with a marked improvement

compared to the previous year.

Prosecution training conducted by Justice College

3535

Human Resource Development Highlights

3636

Programme Number of beneficiaries

PROFESSIONAL DEVELOPMENT PROGRAMME (including MDP, EDP & PDP)

210

SECRETARIAL TRAINING 102

PUBLIC ADMINISTRATION LEARNERSHIP 54

PERFORMANCE MANAGEMENT 95

Human Resource Development Highlights

3737

Programme Number of beneficiaries

PROFESSIONAL DEVELOPMENT PROGRAMME (including MDP, EDP & PDP)

210

SECRETARIAL TRAINING 102

PUBLIC ADMINISTRATION LEARNERSHIP 54

PERFORMANCE MANAGEMENT 95

Human Resource Development Highlights Cont. ITEM DESCRIPTION 2008/09 2009/10

Interns 33 30

Bursaries 312 194

(decline in the no of applications)

3838

Human Resource Management and Development cont.

Employment Equity workshops conducted and EE Forums and the national forum set up

594 employees assisted with counseling services

64 employees dealing with sexual offences cases participated in trauma

management group sessions

Labour relations:

3% decrease in formal disciplinary matter

49% increase in external disputes

30% increase in grievances

20% increase in use of ADR

91% success rate in external disputes

3939

Grievances & Other Disciplinary Action (update) 2009/10 2008/09

Number of disciplinary hearings conducted for the period 72 74

Pending disciplinary hearings 23 35

Levels (main) of employees charges C5 and D1 and D2 prosecutors C5, D1 and D2 prosecutors

Employees suspended 2118

Employees precautionary transferred 0 3

External disputes 105 95

Pending external disputes 2871 (24) finalised

Number of grievances 175106

Number of grievances pending 6963

Number of appeals 12 12

Number of appeals pending 64

Number of labour court/high court matters 3626

Number of labour court/high court matters pending 2326

4040

Financial Management Asset Ware system introduced and all acquisitions since

2008 are accounted for by invoice, asset description, location, custodian, and bar code.

99,4% of voted funds spent

96% of S&T claims and advances are paid within a 4 day

turnaround time

4141

Audit Findings 2007/08 – disclaimer

2008/09 – qualified audit opinion (Tangible assets; intangible

assets; employee benefits; prepayments and advances; finance

leases; cash and cash equivalents; irregular expenditure)

2009/10 – qualified audit opinion (Tangible assets; irregular

expenditure; prepayments and advances; fruitless and wasteful

expenditure)

4242

2009/10 Audit Outcome – Tangible Assets

Opening balances not supported by a complete, updated asset register

No supporting documents for adjustments

amounting to R128 million made to movable

tangible assets – R1 valuation

Asset transfer process to SAPS incomplete

4343

2009/10 Audit Outcome – Employee Benefits

Completeness and leave entitlement amounting to R67 million and capped leave commitment of R105 million

4444

2009/10 Audit Outcome – Irregular Expenditure

Irregular expenditure understated with an estimated R108 million (extrapolation)

Uncertainty regarding nature of noted cases

amounting to R17 million

Implementation of cost-of-living adjustments for

prosecutors – R82 million

4545

2009/10 Audit Outcome – Prepayments and Advances

2005/06 sale-and-leaseback transaction

Not surrendered R19, 2 million to National Treasury

Forensic report completed after submission of

financial statements

4646

2009/10 Audit Outcome – Fruitless and Wasteful Expenditure

Qualitative finding

Slow progress with investigations into fruitless and

wasteful expenditure

Little movement amounts disclosed (R2, 8 million

and R1, 2 million)

4747

Audit Action Plan Verification of the records conducted to address

transfer of ex-DSO assets to SAPS

Leave audit being conducted to redress gaps

Audit firm appointed to address to investigate noted,

irregular & F&W cases

Detailed process flow to be developed to facilitate

compliance with payments within 30 days

4848

Audit Action Plan

Non-submission of the declaration of interests referred to Labour Relations for disciplinary process

96 Managers trained on performance management.

Planning cycle to reviewed effective December

2010

4949

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Progress on Audit Action Plan FindingsEx – DSO assets

ProgressVerification of the assets is being conducted in an effort to construct the asset register, to be followed by the reconciliation of the NPA and SAPS records. Scheduled end date is 31 November 2010.

5050

Incomplete Asset register

Photographs of assets being taken to sort out the description and ultimately valuation. The valuation method approved.Asset verification data received from all the business units to address location and custodian gaps on the assets register.




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Progress on Audit Action Plan FindingEmployee Benefits

ProgressLeave audit from date of employment of all officials being conducted to address leave management gaps. Audit up to 2007 completed. 2008 and 2009 is 50% completed. Scheduled end date 1 April 2011.

Circular 7 of 2010 issued on submission and capturing of leave.

Leave forms to be numbered to facilitate tracking and address non-submission by the officials.

5151




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Progress on Audit Action Plan Findings

Irregular expenditure

ProgressAudit firm appointed to address and investigate irregular expenditure cases.

Supply chain process being revised.

5252

Prepayment and advances

Fruitless and Wasteful expenditure

Forensic Audit Firm report being reviewed.

Audit Firm appointed to address and investigate Fruitless and Wasteful expenditure.




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Progress on Audit Action Plan Findings

Performance information

ProgressVerification method in place.

5353

Internal Audit Audit plan revised, to be considered by Audit Committee in November 2010. Continuing professional development being addressed.

Non-payment of invoices within 30 days Detailed process flow to be developed to facilitate compliance. Monthly report to be provided to Audit Facilitator and Executive Manager: Finance for monitoring.

Performance Agreements Planning cycle to be reviewed effective December 2010.96 Managers trained on performance management.

Declaration of Financial interests Warning letters issued. Awaiting feedback from other business units.

Challenges

In addition to the above, the physically infrastructure

constrains, particularly at the lower courts, in terms of factors

such as accommodation, working conditions and other

resources, continue to pose challenges.

5454

Thank you

555555

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 13 October 2010

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