National Prosecution Services Report to Select Committee on Security and Constitutional Affairs

1. National Prosecution Services Report to Select Committee on Security and Constitutional Affairs 21 May 2008

2. Report comprises: • Mission Statement • Case Overview • Application of CFM Principles • Service Delivery: Objectives / Indicators • Projects and Initiatives • Annual Plan NPS 2008/2009 • The Way Forward

3. 1. Mission Statement Our mission is to: • Prosecute criminal cases, efficiently and effectively • Contribute to better crime investigations • Contribute to crime prevention and community justice • Ensure joint problem-solving and co-operation with partners and stakeholders

4. 2. Case Overview 2.1 High Courts 2.2 Regional Courts 2.3 District Courts 2.4 Monitoring Mechanisms: 2.4.1 Withdrawal Rate Audit 2.4.2 Annual Audit on Outstanding Cases

5. 2.1 High Courts Output: Prosecution of criminal cases Indicator: New Cases Trials Finalised Minimum Sentences Outstanding Actual: High Court Performance

6. 2.2 Regional Courts Output: Prosecution of criminal cases Indicator: New Cases Trials Finalised ADR’s Removed from Roll Outstanding Actual: Regional Court Performance

7. 2.3 District Courts Output: Prosecution of criminal cases Indicator: New Cases Trials Finalised ADR’s Removed from Roll Outstanding Actual: District Court Performance

8. 3. Application of CFM Principles • The NPA has fully embraced court and case flow management (CFM) practices and principles and is constantly engaging with the other role players. • One of the contributing factors to the high number of backlog cases is the low finalization rate of cases. • The financial impact of multiple postponements of cases, incarceration of awaiting trial prisoners and loss of court days could be minimized by improving the production of the courts. • The NPA is determined to play an active role in the improvement of the finalization rate managed by the courts, although we are mindful that the judiciary should play the leading role. • Court Performance, Progress and Problems must be monitored, evaluated and if necessary reported on. • The NPS has introduced a new template to monitor the implementation of CFM in the courts on a monthly basis. • Meetings between all key role players are absolutely essential on a regular basis, under the auspices of the Judiciary.

9. 3.1 Initiatives to improve CFM • Increased use of Alternative Dispute Resolution methods (ADR/M) and Plea and Sentence agreements to reduce trial cases; • Appointment of 118 Court Preparation Officers which aims to enhance customer satisfaction by empowering witnesses to testify in a credible manner • Project Clean-up aimed to improve screening and proper preparation of cases • The National Backlog Project contributed to reduction of backlog cases

10. 3.2 Effective CFM: Vosloorus: Regional court Ave Hours: 5h00 Finalised: 40 cases

11. 3.2 Effective CFM: Oberholzer: Regional court Ave Hours: 4h24 Finalised: 24 cases

12. 3.2 Effective CFM: Esikhawini: District court Ave Hours: 7h30 Finalised: 92 cases

13. 3.3 Monitoring Mechanisms: Withdrawal Rate Audit Indicator: Cases Withdrawn and reasons for such withdrawals Actual: Marginal reduction (0.04%) Monitoring Tool Audit on cases withdrawn conducted to determine the main reasons for withdrawals and identify areas in need of intervention

14. Monitoring Mechanisms: Withdrawal Rate Audit cntd Indicator: Reasons for cases withdrawn Actual: Main Offences of cases withdrawn Monitoring Tool Indicate the offences where Restorative Justice approach can be used more effectively

15. 3.4 Monitoring Mechanisms: Annual Audit on Outstanding cases in RC and HC

16. 3.4 Monitoring Mechanisms: Annual Audit - National Prevalence Rate of Crime: Excl SCCU • Accused: 64 070 • Acc in Custody: 20378 / 31.8% • Acc younger 18y: 857 / 4.2% • Cases: 41 095 • Counts: 82 269

17. 3.4 Monitoring Mechanisms: Annual Audit - Main Reasons for Postponements: 2007

18. 4. Service Delivery Objectives / Indicators Indicators: 4.1 Conviction Rate 4.2 Finalised Cases 4.3 ADR: Diversion 4.4 Average Court Hours 4.5 Lead Time of Cases 4.5.1 National Backlog Project 4.5.2 Annual Audit on Outstanding cases

19. 4.1 Service Delivery Objectives / Indicators Output: Prosecution of criminal cases Indicator: Conviction Rate Target: High Court (H/c): 85% Regional Court (R/c): 70% District Court (D/c): 85% Actual: High Court: 91% Regional Court: 73% District Court: 88%

20. Highlights: • Community Courts achieved conviction rate of 97% • Convicted cases referred for sentence to High Courts i.t.o Sect 52 - 90% confirmed • Give emphasis to the effectiveness of Regional Courts

21. 4.2 Service Delivery Objectives / Indicators Output: Prosecution of criminal cases Indicator: Finalised Cases (verdict) Target: + 5% High Court (H/c): 2 407 Regional Court (R/c): 36 834 District Court (D/c): 295 329 Actual: High Court: 2 122 (11.8% decline) Regional Court: 34 922 (5.2% decline) District Court: 259 571 (12.1% decline)

22. Highlights: • Focussed approach on Alternative Dispute Resolution methods • National Backlog project contributed to reduction of backlog cases in the Regional courts Constraints • Various role-players impact on effective Case Flow Management process • Electricity load shedding has major implications for all courts and will increase number of outstanding cases and backlog cases • Labour actions during June 2007 impacted negatively on productivity of all courts • Finalization rate reduced with 25.9% in District Courts and 37.5% in Regional courts • The high number of warrants issued per month is one of the main causes for the long cycle times of cases. • Vacancy rate impacts negatively on overall performance

23. Regional Courts: Impact of Labour Action + Load Shedding on Finalization Rate

24. 4.3 Service Delivery Objectives / Indicators Output: Prosecution of criminal cases Indicator: ADR - Diversions; Mediation; Admission of Guilt (Sec 57A) Target: All Courts: 10% increase Actual: All Courts: 4.5% increase in diverted cases excl. Mediation, AG

25. Highlights: • ADR has proven to be a successful alternative method to reduce trial cases. • In addition to the total number of cases diverted, the Lower Courts have also managed to resolve 15 393 cases by means of informal mediation and in a total of 30 115 cases admission of guilt were paid • Plea and Sentence agreements increased from 1139 in 06/07 to 1252 in 07/08

26. 4.4 Service Delivery Objectives / Indicators Output: Prosecution of criminal cases Indicator: Average Court Hours Target: High Court (H/c): 4h00 Regional Court (R/c): 4h30 District Court (D/c): 4h45 Actual: High Court: 3h16 Regional Court: 3h39 District Court: 3h51

27. Constraints • Various role-players impact on effective Case Flow Management process • Electricity load shedding has major implications for all courts and will increase number of outstanding cases and backlog cases • Labour actions during June 2007 impacted negatively on productivity of all courts • The high number of warrants issued per month is the main cause for delays in the case cycle times of cases. • Vacancy rate impacts negatively on overall performance Highlights: • A positive step was the appointment of 118 Court Preparation Officers to prepare witnesses which saves prosecutor’s time • Recently a successful workshop held between RC Presidents, DOJ, NPA and SAPS to improve CFM and Case Backlogs • Appointment of two PP’s per court will enhance the optimum utilization of court time

28. Optimum capacity model: • The NPA is currently in the process of developing an optimum capacity model. • On the short term, we have identified a minimum need for two (2) prosecutors per existing court, with a court being defined as a court which sat for 18 days per month over a 6 month period of time. • A work study was therefore done at the end of 2007 with the aim of identifying where the creation of posts are mostly required. The Work study indicated 135 posts to be created most urgently in the Lower Courts (a total of 600 posts are required to attain the target of 2 prosecutors per court). • At the end of November 2007, we had 1,2 prosecutors per district and 1,34 prosecutors per Regional Court. We have therefore not yet attained our target of 2 prosecutors per court in spite of having created 310 lower and high court prosecutors/advocate posts in 2007 • If the vacancy rate is taken into account (of between 18% and 25%) we are even further from our target of two (2) prosecutors per court than set out supra. • The number of courts are increasing from year to year as it rightly should, which will in future impact even further on our target of two (2) prosecutors per court.

29. Regional Courts: Impact on Court Hours

30. 4.5 Service Delivery Objectives / Indicators Output: Prosecution of criminal cases Indicator: Lead Time of Cases Target: H/c: 75% not more than 12 m on roll R/c: 75% not more than 9 m on roll D/c: 90% not more than 6 m on roll Actual: H/c: 84% not more than 12 m on roll R/c: 66% not more than 9 m on roll D/c: 88% not more than 6 m on roll

31. Highlights: • The National Backlog Project contributed to reduction of backlog cases in the Regional courts • Annual audit onoutstanding cases identified blockages in system. It is conducted annually at the end of November on all outstanding cases in Regional and High courts • Audit also conducted on cases withdrawn to determine the main reasons for withdrawals and identify areas in need of intervention • Project Clean-up assisted to enhance proper screening of cases Constraints: • High number of warrants impacts negatively on the cycle times of cases

32. Regional Courts: NPS Audit - Impact of Warrants on cycle times

33. 4.5.1 National Backlog Project • The Backlog Reduction Project assisted courts where demand exceeded supply and focussed on: • Regional court priority areas since Nov ’06 where the biggest problems are being experienced; • 27 Courts are currently in operation and a total of 4298 cases have thus far been finalised on this project • Backlogs were reduced by 16.2% at end of March ’08 at the Backlog sites. • Backlogs were reduced by 6.9% in all Regional courts at end of March ’08 • Transvaal Provincial Division has been chosen as a pilot site to address long outstanding appeals since March ’07 - an additional 593 appeals were enrolled

34. 5. Project / Initiatives 5.1 Community Courts: • 12 Courts in operation • 97% conviction rate achieved • 18 959 cases finalised • Courts with integrated approach, improving access to justice and promote community participation 5.2 Community Prosecutions: • 9 Pilot sites established • 9 Community prosecutors been appointed • Report from Pilot project presented and initiative officially launched earlier this year

35. 5. Project / Initiatives 5.3 Organised Crime Initiative: • Posts for specialised prosecutors were created; • Co-ordinating with SAPS Organised Crime Units in combating organised crime; • Close working relationship with AFU and STU 5.4 Specialist Tax Unit: • Established in 2003; • 579 cases finalised with conviction rate of more than 95%; • Partnership with SARS

36. 5. Project / Initiatives 5.5 Project Clean-up: • Mandated prosecutors to work on Saturdays from November 07 to March 08; • Purpose to prepare cases and administrative tasks that prevented cases from proceeding in time; • Achievements: (2 376 staff members participated): • 10 616 dockets screened and prepared for Court • 2 832 inquest dealt with • 209 plea agreements dealt with • 35 315 decision dockets dealt with • 453 consultation with witnesses

37. 5. Project / Initiatives 5.6 Awaiting Trial Detainees: • Data from DCS: A marginal increase of 5.9% is noted at the end of Feb 2008 (51 049) compared to 48 196 at end of March 2007 • Audit: During the audit conducted on outstanding cases in Regional Courts an increase of 1.42% was shown in the number of ATD’s although a reduction of 5.08% was shown in the number of juvenile accused.

38. NPS AUDIT: Ratio of Accused/ Detainees

39. 5. Project / Initiatives 5.7 Restorative Justice: • National Project • Focussed implementation in 3 sites • Evaluation outcomes iro 3 sites due at end of May ‘08 • General sensitisation and training of Prosecutors

40. 5. Project / Initiatives 5.8 JARP PROJECT: • Phoenix Justice and Restoration Project (Phoenix JARP) is a community based project, providing alternative methods of dealing with crime, wrong-doing and conflict, in the community, the justice system and courts • Key findings of independent evaluation: • 97.4% victims were happy with the mediation process and the outcome; • 94.2% of offenders indicated that mediation assisted them in addressing their offending behavior; • 94.6% of offenders indicated that they were satisfied with the agreement reached during mediation, whilst 95.1% of victims said that they were satisfied with the agreements; • 93.9% of victims felt that justice had been done from the mediation process.

41. 5. Project / Initiatives 5.9 OCCUPATIONAL SPECIFIC DISPENSATION (OSD): • BACKGROUND: • The Minister for the Public Service and Administration (DPSA) has put forward a proposed framework in the PSCBC for the Occupation Specific Dispensation (OSD) for Legally Qualified Categories of Employees • The proposed framework was agreed to by the majority of trade unions on 07 February 2008. • Salary determinations of prosecutors do not fall within the ambit of the above agreement since section 18 of the National Prosecuting Authority Act, 1998 provides that the Minister for Justice and Constitutional Development must determine the salaries to be paid to Deputy Directors of Public Prosecutions and prosecutors after consultation with the National Director and the Minister for the DPSA and with the concurrence of the Minister of Finance.

42. 5. Project / Initiatives 5.9 OCCUPATIONAL SPECIFIC DISPENSATION (OSD): • Aims to assist with retention strategy

43. 6. Annual Plan NPS 2008/2009 • The focus of the NPS for this financial year is to improve service delivery with a focus on finalising cases and reducing the case backlogs and improving overall productivity. • The measurements are aligned with and support the targets as set out in the ENE to ensure measurable improvement in service delivery. • In order for the NPS to achieve its objectives for the year it is important to address areas of resourcing in the NPS. • The NPS will continue to explore its role in crime prevention.

44. 7. The Way Forward: • The need for all stakeholders to work closely together cannot be emphasized more than it should be right now. • The country’s criminal courts are under overwhelming pressure to deliver. • This cannot be achieved effectively without a response to the need for a completely satisfactory degree of co-operation amongst all the role players. • Case flow should improve the focus of all towards more effective and efficient administration of justice through the courts, and a better understanding and appreciation of what is expected from each of the role players involved. • Uniform targets and standards for all role players will assist in this regard.

45. QUESTIONS?