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Presentation on National Director of Public Prosecutions' Achievements and Challenges

This presentation provides an overview of the achievements and challenges of the National Director of Public Prosecutions, including key measurable objectives, performance statistics, and highlights of achievement in various sub-programmes.

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Presentation on National Director of Public Prosecutions' Achievements and Challenges

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  1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 13 October 2010 Adv. Menzi Simelane National Director of Public Prosecutions 11

  2. Scope of Presentation • Introduction and Background • Key achievements • Audit findings and plan • Challenges 22

  3. 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

  4. 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

  5. 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

  6. NPA Budget vs. Exp as at 31/3/2010Per Sub-Programme 66

  7. Establishment 77

  8. 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 88

  9. Achievement of NPS on ENE Targets and Indicators Sub- Programme Indicator 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 courts 86.0% 87.7% 2.0%  Increase Conviction rate: Regional courts 74.0% 73.6% -0.6%  Reduction Conviction rate: District courts 87.0% 90.5% 4.0%  Increase Conviction rate: Sexual offences courts 66.0% 68% 2.6% Increase 9

  10. 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

  11. 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

  12. Service Delivery Achievements: 1212

  13. Performance Overview of Public Prosecutions 1313 13

  14. Performance Overview of Public Prosecutions 14

  15. Finalisation of Cases: District Courts 15

  16. Finalisation of Cases: Regional Courts 16

  17. Finalisation of Cases: High Courts 17

  18. 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

  19. 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 1919 19

  20. 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 21 2121

  22. Service Delivery Achievements: Sexual Offences and Community Affairs (SOCA) 22 2222

  23. Highlights of Achievement: SOCA • 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 2323 23

  24. Sub-programme 2: OWP Performance against ENE Targets 2424

  25. OWP: Service Delivery Achievements 25 2525

  26. Sub-programme 3: Asset Forfeiture Unit (AFU) • Measurable Objective • Increase the value of freezing orders to R360m • Number of cases • New restraints 13% above target • Orders 11% above target 2626 26

  27. 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 28 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 29

  30. 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

  31. 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

  32. 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

  33. 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

  34. 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

  35. 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

  36. Human Resource Development Highlights 3636

  37. Human Resource Development Highlights 3737

  38. Human Resource Development Highlights Cont. 3838

  39. 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

  40. Grievances & Other Disciplinary Action (update) 4040

  41. 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

  42. 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

  43. 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

  44. 2009/10 Audit Outcome – Employee Benefits • Completeness and leave entitlement amounting to R67 million and capped leave commitment of R105 million 4444

  45. 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

  46. 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

  47. 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

  48. 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

  49. 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

  50. Progress on Audit Action Plan • Findings • Progress Ex – DSO assets Verification 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. 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. Incomplete Asset register 5050

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