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PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 12 October 2011 Adv. Menzi Simelane

PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 12 October 2011 Adv. Menzi Simelane National Director of Public Prosecutions . 1 1. Scope of Presentation. Performance Information Audit Findings Budgeting Challenges . 2 2.

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 12 October 2011 Adv. Menzi Simelane

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  1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON JUSTICE AND CONSTITUTIONAL DEVELOPMENT 12 October 2011 Adv. Menzi Simelane National Director of Public Prosecutions 11

  2. Scope of Presentation • Performance Information • Audit Findings • Budgeting • Challenges 22

  3. NPA Budget vs. Exp as at 31/3/2011 per Sub-Programme 33

  4. Establishment 44

  5. Establishment (cont) • 126 prosecutors for the backlog courts • 260 aspirants prosecutors • SOCA contracts • Rest are administrative staff (relief etc.) • Prosecutorial vacancy rate 11.89% 55

  6. Sub-Programme 1: Public Prosecutions • Public Prosecutions is responsible for achieving the following key measurable objectives: • Increase the number of cases finalised • Increase the number of cases finalised through ADRM • Increase the number of cases finalised by the SCCU • Maintain the high conviction rates in all courts • Increase the number of TCCs 66

  7. Achievement of ENE Targets and Indicators Sub-Programme Indicator  Target  Actual Deviation Notes 2010/11 2010/11 Public Prosecutions Number of cases finalised including ADRM 482,491 460, 891 -4.5% Public Service Strike in second quarter Number of cases finalised excluding ADRM 357,928 331,045 -7.5% Public Service Strike in second quarter Number of complex commercial crime cases finalised 1 465 742 -49.4% Re-focus on complex commercial cases that take longer to complete Conviction rate: High courts 87.0% 87.8% 0.8%  Achieved Conviction rate: Regional courts 74.0% 73.4% -0.6%  Not achieved Conviction rate: District courts 87.0% 90.7% 3.7% Achieved Conviction rate: Sexual offences courts 66.0% 68.6% 2.6% Achieved (Only dedicated courts) Number of TCCs 25 27 8% Target exceeded 7

  8. Progress on TCC cases 88

  9. Overview of Performance • Reduction of 7.1% in the withdrawal rate of cases through the implementation of proper screening mechanisms. Total of 224 983 cases withdrawn in 2010/11 compared to the 242 103 during previous year. • High conviction rates were maintained • Focused approach followed on the implementation of the Child Justice Act and the diversion of children in conflict with the law. 1.8% increase in number of children diverted – from 16 173 diverted during previous year to a total of 16 462 during 2010/11. • 5.1% reduction in the outstanding court roll at end of financial year (218 660 compared to 230 477 during 2009/10) 9

  10. Overview of Performance • 605 442 Decision dockets dealt with in before enrolment which is 9.1% more than the 554 806 dockets dealt with in the during previous year • A total of 604 section 105A plea and sentence agreements were successfully concluded. In 184 (36%) of the cases, the sentences imposed comprised of direct imprisonment. 10

  11. Plea Agreements: Serious Offences 1111

  12. Additional Indicators • In addition to the ENE indicators and targets several other key indicators were determined and monitored. • The NPA has also defined key indicators which enables the reader to better understand how the reported figures are calculated. These are included in the annual report on page 147-150. 1212

  13. Additional Indicators DIVISION INDICATOR MEASUREMENT FORUM ANNUALTARGET ACTUAL TOTAL Deviation from Target PUBLIC PROSECUTIONS Finalisation Rate Number of cases finalised including ADRM District Court 3 cases pc pd 2.3 -23.8% Regional Court 0.7 cases pc pd 0.5 -21.8% High Court 0.2 cases pc pd 0.11 -43.2% ADRM Number of cases diverted per month with children in conflict with the law All Courts 16 173 16 462 1.9% % Backlog Cases Reduction in the number of cases older than indicated period All Courts 36 672 37 034 1.0% District Court 90% not older 6months 88% no older than 6 months -2.0% Regional Court 75% not older 9months 68% not older than 9 months -7.0% High Court 75% not older 12months 68.8% not older than 12 months -6.2% Decision Dockets Positive Clearance Ratio on Decision dockets received within a month District Court 100% 98.50% -1.5% Regional Court 100% 98.30% -1.7% High Court 100% 87.00% -13.0% LEGAL SERVICES Representations % of Formal Representations dealt with DPP Offices 85% 65.90% -19.1% ONDPP 85% 100.00% 15.0%

  14. Backlog Figures 1414

  15. Diversion of Children: Scheduled Offences • The crimes related to the cases that were subject to preliminary inquires comprised 7 309 (52.2%) Schedule 1 offence’s, 4 647 (33.2%) Schedule 2 offences and 2 034 (14.5%) serious offences in term of Schedule 3. • The Schedules referred to are in respect of the Child Justice Act and not the Criminal Procedure Act. 1515

  16. Performance Overview of Public Prosecutions 1616 16

  17. Performance Overview of Public Prosecutions 17

  18. Cases removed from the roll: 18

  19. Cases removed from the roll: High CourtsHIGH COURT BY REGION 1919

  20. Cases Removed from the Court roll: Regional Courts 2020

  21. Cases Removed from the Court Roll: District Courts 2121

  22. Cases Finalised: All Criminal Courts

  23. Finalisation of Cases: District Courts 23

  24. Finalisation of Cases: Regional Courts 24

  25. Finalisation of Cases: High Courts 25

  26. Performance Overview of Specialised Commercial Crime Unit (SCCU) • Measurable Objectives • Increase the number of cases finalised by the specialised commercial crime unit by 2% • Highlights of Achievement • 10 Dedicated courts finalised 742 cases compared to 1026 finalised in 2009/10 • 92.5% conviction rate was achieved compared to 93.6% finalised in 2009/10 • 23 Plea agreements concluded during 2010/11 2626 26

  27. Performance Overview of Sexual Offences and Community Affairs (SOCA) • Increased the number of TCCs from 20 to 27 against a target of 5 • 349 prosecutors trained on Child Justice Act • 178 prosecutors trained on sexual offences legislation • 102 prosecutors trained on domestic violence • 79 prosecutors trained on human trafficking 2727 27

  28. Sub-programme 2: OWP Performance against ENE Targets 2828

  29. OWP: Service Delivery Achievements • Number of witnesses increased from 300 to 468 • Number of related persons increased from 500 to 906 • 180 witnesses discharged, 5 died, 52 signed off and 10 walked off the programme during the year • The number of grievances by witnesses reduced from 10% to 3% • The average duration on the programme was reduced from 24 months to 18 2929

  30. Sub-programme 3:AFU Performance Overview 3030

  31. Sub-programme 3:AFU Performance Overview 31 3131

  32. Use of Chapter 6 – non-conviction based forfeiture • Comparing total use (1999 to March 2011) with current use (2010/11) • Number of orders • Freezing: 1 608 = 69% of cases (now 82%) • Forfeiture: 1 223 = 64% of cases (now 72%) • Value of orders • Freezing: R852m = 19% of cases (now 28%) • Forfeiture: R501m = 37% of cases (now 56%) • Using chapter 6 more in big cases due to delays in criminal matters 3232

  33. Sub-programme 4: Support Services for NPA 3333

  34. Human Resource Development 3434

  35. Grievances & Other Disciplinary Action 3535

  36. 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, employee benefits) • 2010/11-unqualified audit opinion 3636

  37. Preliminary Expenditure Outcome as at the end of September 2011 • The expenditure on CoE is 51% due to the late implementation of OSD Phase II. R30m paid in current financial year. • No addition funding was allocated to the NPA for the higher than anticipated Cost of Living Adjustment.  • A request was submitted to NT to virement R 30m from Goods and Services to CoE. 3737

  38. Preliminary Expenditure Outcome as at the end of September 2011 • The high spending on Interest and Rent on Land is due to insufficient budget allocation for the capital interest split i.r.o Finance leases.  A request to virement R10m to this item was submitted to NT as part of the AENE. 3838

  39. 2012 MTEF Submission 3939

  40. 2012 MTEF – Budget Reprioritisation • Sub-programme 1 : Public Prosecution • R231 000 allocated to Entertainment was reprioritised to Training and Staff Development. • R26m allocated to Consultants and Professional Services was ring fenced within the Office of the NDPP and funds are only utilised if prior approval was obtained from the NDPP. • DPP offices are facing severe budget constraints and no area for reprioritisation was identified. 4040

  41. Sub-programme 2 : Office for Witness ProtectionR201 000 allocated to Entertainment was reprioritised to Training and Staff Development.The operation increase in respect of witness protection fees (incl. Rate and Taxes relating to witness houses) exceeds the baseline increase and reprioritisation had to be done within the sub-programme in order to fund this projected over spend. No further areas for reprioritisation were identified. • Sub-programme 2 : Office for Witness Protection • R201 000 allocated to Entertainment was reprioritised to Training and Staff Development. • The operation increase in respect of witness protection fees (incl. Rate and Taxes relating to witness houses) exceeds the baseline increase and reprioritisation had to be done within the sub-programme in order to fund this projected over spend. No further areas for reprioritisation were identified. 4141

  42. Sub-programme 2 : Office for Witness ProtectionR 3m originally allocated to computer services for the procurement of secure networking was funded by Support Services and this allocation was reprioritised to Operating expenditure within the unit. • Sub-programme 2 : Office for Witness Protection • R 3m originally allocated to computer services for the procurement of secure networking was funded by Support Services and this allocation was reprioritised to Operating expenditure within the unit. 4242

  43. Sub-programme 3 : Asset Forfeiture UnitR25 000 allocated to Entertainment was reprioritised to Training and Staff Development.The operational increase within this unit exceeds the 5% baseline increase. Reprioritisation was done within the unit to ensure that sufficient funds are available to fund the essential operational costs. • Sub-programme 3 : Asset Forfeiture Unit • R25 000 allocated to Entertainment was reprioritised to Training and Staff Development. • The operational increase within this unit exceeds the 5% baseline increase. Reprioritisation was done within the unit to ensure that sufficient funds are available to fund the essential operational costs. 4343

  44. Sub-programme 4 : Support ServicesR210 000 allocated to Entertainment was reprioritised to Training and Staff Development.R12,1m allocated to Consultants and Professional Services was ring fenced within the Office of the CEO and funds are only utilised if prior approval was obtained from the CEO. This arrangement was implemented to ensure that all related expenditure is properly managed. • Sub-programme 4 : Support Services • R210 000 allocated to Entertainment was reprioritised to Training and Staff Development. • R12,1m allocated to Consultants and Professional Services was ring fenced within the Office of the CEO and funds are only utilised if prior approval was obtained from the CEO. This arrangement was implemented to ensure that all related expenditure is properly managed. 4444

  45. Sub-programme 4 : Support ServicesR14m was reallocated from the baseline of the IMSC to fund subscriptions, loose leafs, intranet and CD ROMS previously paid by the DoJ&CD.It is anticipated that a settlement amount of R94m will be paid re Imperial Car Rental. Various cost saving measures will be implemented that might result in certain services being suspended. • Sub-programme 4 : Support Services • R14m was reallocated from the baseline of the IMSC to fund subscriptions, loose leafs, intranet and CD ROMS previously paid by the DoJ&CD. • It is anticipated that a settlement amount of R94m will be paid re Imperial Car Rental. Various cost saving measures will be implemented that might result in certain services being suspended. 4545

  46. Sub-programme 4 : Support ServicesNPA has taken a principal decision to procure a new voice services which will include Voice conferencing. This will constitute an estimated saving of R3m per annum which will be reprioritise to other areas within the NPA. • Sub-programme 4 : Support Services • NPA has taken a principal decision to procure a new voice services which will include Voice conferencing. This will constitute an estimated saving of R3m per annum which will be reprioritise to other areas within the NPA. 4646

  47. Challenges • Vacancy rate within the prosecutorial component • Case flow related problems and absence of key role players • Ineffective court utilization • Shortage of critical resources • Lack of alignment in objectives and targets across the criminal justice value chain 47

  48. Thank you 4848 48

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