PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

1. PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT Presented by Dr K De Wee, Acting CEO 1 September 2009

2. Overview of Presentation • Introduction to the Strategic Planning Process • Overview of Strategic Plan including budget allocation • Closure

3. Strategic Planning Process • Situation Analysis conducted (detail below) • Three year strategic plan developed which informs the ENE submission of the NPA • Strategic plan is cascaded through development of annual plans for business units • Implementation closely monitored by Enterprise Performance Management Committee of the NPA

4. Situation Analysis • A Situation Analysis informed the development of the strategic plan. The following was reviewed: • Political environment • Economic factors • Sociological factors • Technological developments • Legislative developments • Environmental factors

5. Situation Analysis • Government priorities • Partner plans and strategies • Crime trends as reported by the SAPS • Surveys conducted by various research institutions relating to customer satisfaction • Internal business review of governance, delivery and resourcing

6. 2008/09 Expenditure Outcome

7. Vote 21 Justice and Constitutional Development • NPA is programme 4 in the DoJ&CD vote • Public Prosecutions provides for general prosecutions and several specialist prosecution units • Witness Protection Programme provides for protection, support and related services to witnesses. • Directorate of Special Operations investigates and prosecutes complex and organised crime. • 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 is a new sub-programme that accounts for the corporate services component

8. ENE Budget Allocation per Sub-programme

9. ENE Allocation per Economic Classification

10. Budget Allocation -2009/10

11. Vision and Mission The vision of the NPA is to achieve: Justice in our society so that people can live in freedom and security The mission is: Guided by the Constitution, we in the National Prosecuting Authority, ensure justice to the victims of crime by prosecuting without fear, favour or prejudice, and by working with our partners and the public to solve and prevent crime.

12. Values of the NPA • Integrity: ethical conduct, high moral standards, honesty, moral principles and values, no bribery or corruption • Accountability: being responsible and answerable for our actions • Service excellence: providing first class customer service and complying with the Batho Pele principles • Professionalism: commitment / dedication, punctuality, competence, and professional conduct in and out of court • Credibility: consistency and the ability to inspire belief or trust

13. Key Measurable Objectives The key measurable objectives as reflected in the ENE are: • Increase the number of cases finalised (in all courts) by 2 per cent, from 311 488 in 2008/09 to 330 551 in 2011/12. • Increase the number of cases finalised (including diversion) by 2 per cent per year, from 396 303 in 2008/09 to 420 559 in 2011/12. • Increase the number of cases finalised by the SCCU by 2 per cent, from 1 257 in 2008/09 to 1 334 in 2011/12.

14. Key Measurable Objectives (cont.) • Establish 5 additional Thuthuzela Care Centres per year bringing total to 30 in 2011/12 from the current 15. • Ensure that no witnesses are harmed or threatened while on the witness protection programme and reduce the percentage of witnesses that walk-off the programme from 16 per cent in 2008/09 to 10 per cent in 2011/12. • Remove the proceeds of crime from the control of criminals by increasing the value of freezing orders from R330 million in 2008/09 to R420 million in 2011/12.

16. Sub-programme 1: Public Prosecutions • NPS provides prosecuting services in all Courts in all 9 provinces • PCLU focuses on serious national & international crimes • SCCU focuses on serious economic crimes • SOCA develops strategy/policy in cases of sexual offences, domestic violence, human trafficking, maintenance offences & of young offenders.

17. Public Prosecution • Primary national responsibility for instituting criminal proceedings and performing related functions on behalf of the State. Includes the NPS, SOCA, SCCU and PCLU. Public prosecutors and state advocates staffing the nation’s District, Regional and High Courts. • Public Prosecutions deals with criminal cases and arising appeals, litigation in ancillary matters involving the resolution of criminal matters outside of the formal trial process. These include diversions, admissions of guilt and providing data on court performance.

18. Public Prosecutions - Strategies • Public prosecution will implement the following strategies: • Deliver a speedy, quality prosecution within the prescripts of the law • Build sound relations with key stakeholders and partners • Use suitable alternatives to punitive justice • Develop a dedicated commercial crime capability • Develop the capability to successfully deal with cases affecting mainly women and children • Increase the number of Thuthuzela Care Centres

19. Public Prosecutions: Measures • Decrease the case backlogs • Increase cases finalised • Maintain conviction rate • Increase the use of alternative dispute mechanisms

20. Public Prosecutions: Measures Cont. • Train prosecutors to deal with cases affecting mainly women and children • Increase the number of Thuthuzela Care Centres • Increase the number of cases finalised by the SCCU

21. DPP’s Budget Allocation -2009/10

22. Sub-programme 2: Witness Protection • The OWP provides a support service to the CJS by the protection of threatened or intimidated witnesses (and related persons) by placing them under protection, thus ensuring that they will testify in criminal and other defined proceedings.

23. Sub-programme 2: Witness Protection • The co-operation and liaison with relevant partners and stakeholders will underpin the strategy of Witness Protection. • Protectors will be available on a 24/7 hour basis to expeditiously meet the demand for services. • A holistic approach to protect witnesses will be followed taking care of both their physical and mental wellbeing.

24. Witness Protection: Measures • Ensure that no witnesses are harmed or threatened while on the programme • Reduce the number of witnesses that abandon the programme

25. Sub-programme 4: Asset Forfeiture Asset Forfeiture seizes criminal assets that are the proceeds of crime or have been involved in the commission of an offence either through a criminal/civil process

26. Asset Forfeiture Strategies • The AFU employs three strategies to reduce the incentive for crime: • Increase the impact of asset forfeiture • Maintain a high success rate • Develop jurisprudence (POCA legislation is relatively new)

27. AFU: Measures • Increase the number of freezing orders • Increase the number of completed forfeiture cases • Increase the value of freezing orders • Increase the value of deposits into CARA • Increase the number of judgments obtained

28. Sub-programme 5: Support Service Corporate Services aims to ensure effective leadership, management & administrative support to NPA through continuous refinement of organisational strategy & structure in compliance with appropriate legislation & best practice

29. Support Service: Strategies • The following strategies will be employed to achieve the strategic objectives. • Improve financial management • Promote and ensure compliance • Improve stakeholder communication • Improve strategy implementation • Recruit and retain competent and skilled employees • Improve information and IT systems management • Improve efficiency of asset and supply chain management • Improve safety and security management

30. Support Services: Measures • Unqualified audit opinion • Level of customer satisfaction • Level of understanding of the prosecutions services • Vacancy rate • Training provided in terms of Workplace Skills Development Plan

31. Budget vs Expenditure Status as at 31 July 2009

32. NPA Overall Budget & Exp as at 31 July 2009

34. BU Overall Budget & Exp as at 31 July 2009

35. SS Overall Budget & Exp as at 31 July 2009

36. Audit Opinion • The NPA has successfully addressed the audit opinion of 07/08 of a disclaimer. The current audit opinion is a qualification in a number of areas. • CARU moved from a disclaimer to an unqualified audit opinion • The NPA will focus on addressing the current audit finding

37. CJS Review • The CJS Review is aimed at establishing a new, modernised, efficient and transformed criminal justice system. • The NPA actively participates in the review and the various sub-committees. • The NPA will participate in the Reduction of Awaiting Trial Detainees project and implementation of the screening protocol.

38. Challenges • Accommodation in the lower courts • Dedicated courts for sexual offences and complex commercial crime prosecutions • Funding of TCCs • Audit outcomes • Vacancies • Review of structure

39. Closure • The NPA continuously strives to contribute to freeing South Africa from the shackles of crime and violence. The Constitution places a specific responsibility on the NPA and only by fulfilling this mandate as the Prosecuting Authority will we truly arrive at a vision of living in a non-racial, non-sexist and democratic South Africa free of crime and prejudice where justice is ensured for all.

40. Thank you

41. Speculation Questions • DSO? What have we done? • Relationship between NPA and DPCI and SAPS? • Acquittal of Hlope, Zuma case where is the matter (DA civil claim) • Who is funding the Pikoli matter? How much have we spent on the matter? • Innes Chambers

42. Speculations: Questions • Acting? • Where have the former DSO people gone to? • Vacancies