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THE SPECIALISED THE SPECIALISED COMMERCIAL CRIME UNITCOMMERCIAL CRIME UNIT
AN OVERVIEWAN OVERVIEWMAY 2008 MAY 2008
ADV CHRIS JORDAAN, SCADV CHRIS JORDAAN, SC
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INDEXINDEX
BackgroundBackground Who are we?Who are we? Where do we fit into the structures?Where do we fit into the structures? What cases do we do?What cases do we do?
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INDEX (CONT)INDEX (CONT)
How do we do our work?How do we do our work? Our achievements 2002/3 to dateOur achievements 2002/3 to date Recent achievementsRecent achievements Trends/ challengesTrends/ challenges Annexures:Annexures:
A- Monitoring toolsA- Monitoring tools
B- Improvement PlansB- Improvement Plans
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BACKGROUNDBACKGROUND
Established on 1 August 1999 as a Established on 1 August 1999 as a pilot project to combat the pilot project to combat the deteriorating situation pertaining to deteriorating situation pertaining to commercial crime. commercial crime.
Starting operations in Pretoria, it Starting operations in Pretoria, it soon proved to be so effective that soon proved to be so effective that it was decided to roll the Unit out it was decided to roll the Unit out countrywide. countrywide.
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BACKGROUND (CONT)BACKGROUND (CONT)
Some of the objectives of the Some of the objectives of the initiative were:initiative were:
SpecialisationSpecialisation Co-location of prosecutors and Co-location of prosecutors and
investigatorsinvestigators Dedicated courtsDedicated courts Substantially increase number of cases Substantially increase number of cases
processedprocessed Reduce cycle timesReduce cycle times
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WHO ARE WE?WHO ARE WE?
Our mandate:Our mandate:
• We are specialist prosecutors within We are specialist prosecutors within the National Prosecuting Authoritythe National Prosecuting Authority
• We are dedicated to the prosecution We are dedicated to the prosecution of complex commercial crime casesof complex commercial crime cases
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WHO ARE WE? (CONT)WHO ARE WE? (CONT)
Establishment : 169 posts & 7 contract Establishment : 169 posts & 7 contract postsposts
Regional Offices at Pretoria, Johannesburg, Regional Offices at Pretoria, Johannesburg, Cape Town, Port Elizabeth, Bloemfontein, Cape Town, Port Elizabeth, Bloemfontein, Durban and attached office of PE in East Durban and attached office of PE in East LondonLondon
Pretoria also serves Polokwane and Pretoria also serves Polokwane and MpumalangaMpumalanga
Majority of prosecutors are Senior State Majority of prosecutors are Senior State AdvocatesAdvocates
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WHO ARE WE? (CONT)WHO ARE WE? (CONT)
We also provide services to some We also provide services to some regions, either by a prosecutor on regions, either by a prosecutor on site or prosecutor going on circuitsite or prosecutor going on circuit
Our contract prosecutors deal with Our contract prosecutors deal with RAF matters and counterfeit mattersRAF matters and counterfeit matters
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WHO ARE WE? (CONT)WHO ARE WE? (CONT)
We mostly prosecute in the Regional We mostly prosecute in the Regional CourtsCourts
Prosecutions in the High Court and Prosecutions in the High Court and District Court not excludedDistrict Court not excluded
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Where do we fit into the structures? Where do we fit into the structures?
NPA StructureNPA StructureNDPP i
CEO AFU DSO NPANSSD
CS
Communication
IMU
Strategy & Risk
PCLU
SOCA i
WPU
SCCUAdv C Jordaan
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CCU Unit.
Syndicate Fraud
Unit
Fraud Unit
Fraud Unit Fraud Unit Fraud Unit
Where do we fit into the Where do we fit into the structures? structures?
PartnersPartners
Steering Committee
Commercial Branch Provincial Head
MANAGEMENT COMMITTEE
Process Scheduling & Management,
Admin & Finance
Prosecutors Courts
Regional Court
President
NDPP
SCCU
COMMERCIAL BRANCH
SPECIAL DIRECTOR OF PUBLIC
PROSECUTION
NSSD
DEPUTY NDPP
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Where do we fit into the Where do we fit into the structures? Partners structures? Partners
MANAGEMENT COMMITTEE
PROSECUTION INVESTIGATION
OPERATIONS
PROFESSIONAL
PERSONNEL
ADMINISTRATION
OPERATIONS
PROFESSIONAL
PERSONNEL
ADMINISTRATION
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WHAT CASES DO WE DO?WHAT CASES DO WE DO?(SAPS MANDATE)(SAPS MANDATE)
We prosecute We prosecute complex commercial complex commercial crime casescrime cases investigated by the investigated by the CCommercial Branch of the South African ommercial Branch of the South African Police ServicesPolice Services in dedicated courts in dedicated courts
We obtain our cases thus We obtain our cases thus mostly mostly through SAPS Commercial Branch’s through SAPS Commercial Branch’s mandatemandate
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WHAT CASES DO WE DO?WHAT CASES DO WE DO?(SAPS MANDATE)(SAPS MANDATE)
However the SCCU will attend to any However the SCCU will attend to any complex commercial crime matter brought complex commercial crime matter brought to its attention in the area where it is to its attention in the area where it is operationaloperational
General rule – only serious General rule – only serious commercial crime (Regional Court commercial crime (Regional Court matters)matters)
Directive of DPP as to forum of cases Directive of DPP as to forum of cases (DC or RC) serves as a guideline(DC or RC) serves as a guideline
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The Mandate of SAPS Commercial The Mandate of SAPS Commercial BranchBranch
The mandate of SAPS Commercial Branch :The mandate of SAPS Commercial Branch :
Statutory offencesStatutory offences relating to legislation under diverse relating to legislation under diverse areas, from Banking and Currency to E-Crimeareas, from Banking and Currency to E-Crime
Common-law offencesCommon-law offences All common-law offences pertaining to the statutes dealt All common-law offences pertaining to the statutes dealt
with by the branch , including fraud and theft with by the branch , including fraud and theft
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The Mandate of SAPS Commercial The Mandate of SAPS Commercial BranchBranch
Other fraud-related crimes:Other fraud-related crimes: counterfeit banknotes, and the counterfeit banknotes, and the
counterfeiting of legal tendercounterfeiting of legal tender
Theft:Theft: Trust moniesTrust monies
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The Mandate of SAPS Commercial The Mandate of SAPS Commercial BranchBranch
Fraud:Fraud: Relating to company or close Relating to company or close
corporation, double discounting of corporation, double discounting of instalment sale agreements, instalment sale agreements, “factoring”, stock exchange, “factoring”, stock exchange, Computer related, Internet related, Computer related, Internet related, stolen cards, State Institutions, stolen cards, State Institutions, fiduciary capacityfiduciary capacity
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The Mandate of SAPS Commercial The Mandate of SAPS Commercial BranchBranch
White-plastic, clone cheques, White-plastic, clone cheques, counterfeiting and uttering of credit, counterfeiting and uttering of credit, debit and petrol cards. debit and petrol cards.
Kite-flying, which is the unlawful Kite-flying, which is the unlawful generating of funds in bank accounts generating of funds in bank accounts by means of depositing stolen or by means of depositing stolen or worthless bills of exchange worthless bills of exchange
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WHAT CASES DO WE DO?WHAT CASES DO WE DO?OTHEROTHER
In discretion of Head of the In discretion of Head of the Unit/delegates to accept matters Unit/delegates to accept matters outside of SAPS Commercial Branch outside of SAPS Commercial Branch mandate, e.g. upon request of mandate, e.g. upon request of another unitanother unit
NDPP exercises discretion and may NDPP exercises discretion and may allocate certain matters, e.g. allocate certain matters, e.g. prosecution of NPA-members in other prosecution of NPA-members in other unitsunits
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HOW DO WE DO OUR WORK?HOW DO WE DO OUR WORK?
Joint planning & problem solvingJoint planning & problem solving Specified focus areasSpecified focus areas LocationLocation Team work Team work Case planningCase planning Prosecutor guided investigationProsecutor guided investigation Monitoring & evaluationMonitoring & evaluation
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HOW DO WE DO THIS?HOW DO WE DO THIS?JOINT PLANNING & PROBLEM JOINT PLANNING & PROBLEM
SOLVINGSOLVING
We work jointly with the police and We work jointly with the police and other stakeholders, e. g. Banking other stakeholders, e. g. Banking Industry, Business Against Crime, Industry, Business Against Crime, Road Accident Fund, etcRoad Accident Fund, etc
We have procedural guidelines, We have procedural guidelines, accepted by allaccepted by all
We have scheduled strategic & We have scheduled strategic & operational meetings, attended by alloperational meetings, attended by all
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HOW DO WE DO OUR WORK? HOW DO WE DO OUR WORK? OUR FOCUS AREASOUR FOCUS AREAS
FOCUS AREAS
SPECIALISATION(Investigation & Prosecution of
CC)
COMMITMENT(Dedicated Focus)
EXPERIENCED PEOPLE
(Capacity Building)
EFFECTIVE PROCESSES(Optimal operational efficiency &
effectiveness)
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HOW DO WE DO THIS?HOW DO WE DO THIS?LOCATIONLOCATION
We mostly share premises with the We mostly share premises with the SAPS Commercial Branch SAPS Commercial Branch
We prosecute our cases in dedicated We prosecute our cases in dedicated Regional Courts, usually located Regional Courts, usually located at/near our premisesat/near our premises
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HOW DO WE DO THIS?HOW DO WE DO THIS?TEAM WORKTEAM WORK
A prosecutor and investigator are A prosecutor and investigator are allocated right at beginning of a caseallocated right at beginning of a case
They work together as a team They work together as a team throughout the casethroughout the case
Co- location contributes to efficacy of Co- location contributes to efficacy of relationshiprelationship
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HOW DO WE DO THIS?HOW DO WE DO THIS?TEAM WORKTEAM WORK
The Prosecutor guides the The Prosecutor guides the investigation investigation
The Prosecutor and Investigator The Prosecutor and Investigator however operate independently and however operate independently and are functionaries in their own rightare functionaries in their own right
Involvement of prosecutors in the Involvement of prosecutors in the investigation not allowedinvestigation not allowed
The Prosecutor does not lead the The Prosecutor does not lead the investigationinvestigation
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HOW DO WE DO OUR WORK?HOW DO WE DO OUR WORK?TEAMWORKTEAMWORK
Dr J A van S d’ Oliveira SCDr J A van S d’ Oliveira SC
“A prosecutor must be TASK TEAM ORIENTATED. There must be a joint prosecutor – police collaboration from the outset. This is the recipe for success.”
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HOW DO WE DO OUR WORK?HOW DO WE DO OUR WORK?TEAM WORKTEAM WORK
Case planCase plan
The prosecutor and investigator jointly draft a The prosecutor and investigator jointly draft a case plan, setting out what needs to be done, by case plan, setting out what needs to be done, by whom and whenwhom and when
They monitor progress by regular follow up They monitor progress by regular follow up meetingsmeetings
The guidelines aligns target dates to tasksThe guidelines aligns target dates to tasks
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CASE PLANNINGCASE PLANNING
PLANNING
MEETING
Plan activityAgree
resp.& target dates
Investigation Phase
Witness Statements
from.. Resp IO
Date by dd.mm.
Bank Statements
from.. Resp IO
Date by dd.mm.
Prepare for Trial
Arrest SuspectResp. IO
Date by dd. mm
Consult key witnesses
Resp. Pros.Date by dd. mm
Subpoena Witnesses
Resp. IO/Pros.Date by dd. mm
Prepare charge sheet
Resp. Pros.Date by dd. mm
The TRIAL
Court Proceedings
Resp. Pros Trial date
dd. mm
ConsultationsHeads of
Agreement, etc.
Post Trial Review
Finalise Docket
Resp. IODate by: 7
days
Update recordsResp. IO
Date by: 7 days
TEAM FOCUSINVESTIGATOR
PROSECUTOR
EXTERNAL SPECIALIST
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CASE PLANNINGCASE PLANNINGSCOPE OF THE PROCESSSCOPE OF THE PROCESS
Cases Reviewed
by Unit Mgt.
SCCU CasesInvestigator + Prosecutor + External Spec Team Appt.
PLAN
Investigation & Delegate
Tasks
TEAM
Investigates case and
Prepares for Trial
THETRIAL
The Post Trial REVIEW
NEW CASES
CASES CLOSED
NON-SCCU CASES
CASES NOLLE
PROSECUI
MISSION ACCOMPLISHED
Unit Commander
allocates case to Investigator
INITIALinvestigation to enable Unit
Cmdrto assess whether
“there is a case”
EXTERNAL SOURCES
Eg. NDPP other Provinces,, etc.INVESTIGATOR PROSECUTOR
AFUFORMAL
WORKING RELATION-
SHIP
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HOW DO WE DO OUR WORK?HOW DO WE DO OUR WORK?MONITOR & EVALUATEMONITOR & EVALUATE
The process is monitored by The process is monitored by supervisors on an electronic case supervisors on an electronic case registerregister
Regular operational and strategic Regular operational and strategic meetings with all stakeholders are meetings with all stakeholders are heldheld
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OUR ACHIEVEMENTS 2002/3 TO OUR ACHIEVEMENTS 2002/3 TO 2006/7 2006/7
Number of courts increased by Number of courts increased by 241.7%241.7%
Number of convictions increased Number of convictions increased by 435.3%by 435.3%
Conviction rate averaging 95%Conviction rate averaging 95%
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OUR ACHIEVEMENTS 2002/3 TO OUR ACHIEVEMENTS 2002/3 TO 2006/7 2006/7
Cases enrolled for trial increased Cases enrolled for trial increased by 251.9%by 251.9%
Cases finalised increased by 158, Cases finalised increased by 158, 2%2%
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OUR ACHIEVEMENTS 2002/3 TO OUR ACHIEVEMENTS 2002/3 TO 2006/7 2006/7
Major cases resulting in convictions Major cases resulting in convictions and long prison sentencesand long prison sentences
E.g. In 2006/7 direct imprisonment in E.g. In 2006/7 direct imprisonment in 134 cases 134 cases
Good court hours: in 2006/7 averaging Good court hours: in 2006/7 averaging 4h344h34
Model environment for development Model environment for development of similar prosecutor guided initiativesof similar prosecutor guided initiatives
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RECENT ACHIEVEMENTSRECENT ACHIEVEMENTS
The SCCU devised compliance The SCCU devised compliance monitoring tools for 13 selected monitoring tools for 13 selected policies and monitored compliance policies and monitored compliance over a year to obtain baselinesover a year to obtain baselines
The SCCU selected 7 priority The SCCU selected 7 priority governance areas, implemented governance areas, implemented improvement plans and increased the improvement plans and increased the combined governance index score by combined governance index score by 28,75%28,75%
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RECENT ACHIEVEMENTSRECENT ACHIEVEMENTS
The SCCU actively managed risk by The SCCU actively managed risk by allocating a risk manager and allocating a risk manager and implementing risk mitigation plansimplementing risk mitigation plans
The SCCU concentrated on properly The SCCU concentrated on properly managing the relationships with managing the relationships with stakeholders, employees, other unitsstakeholders, employees, other units
A stakeholder survey was heldA stakeholder survey was held An employee satisfaction survey was An employee satisfaction survey was
heldheld
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RECENT ACHIEVEMENTSRECENT ACHIEVEMENTS
Baselines were obtained and plans to Baselines were obtained and plans to increase satisfaction levels draftedincrease satisfaction levels drafted
The SCCU made a concerted effort to The SCCU made a concerted effort to engage with the community; all engage with the community; all offices had several projectsoffices had several projects
Joint targets were set with the AFU Joint targets were set with the AFU and exceededand exceeded
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2007/2008 PTA JHB PE DBN BLOEM CAPE T APR 08 06/07 05/06 04/05
COURT HOURS 04:04 04:17 04:42 04:40 03:52 03:54 04:14 04:34 4.94 4.69
ENROLLED 303 444 256 452 136 260 1851 1184 1431 935
OUTSTANDING 235 312 129 323 107 109 1215 1163 1056 843
CONVICTIONS 329 198 188 310 88 119 1232 1515 857 653
SENTENCES 319 210 174 305 84 119 1211 1485 916 635
ACQUITTALS 18 24 10 2 4 19 77 53 47 36
CONVICTION RATE 94.81% 89.19% 94.95% 99.36% 95.65% 86.23% 94.12% 96.62% 94.63% 94.78%
WITHDRAWALS 226 205 15 138 8 63 655 343 268 213
> 6MONTHS 55% 40% 65% 61% 51% 52% 53.95% 55.80% NA NA
105 A 29 31 4 14 8 67 153 537 171 90
CASE LOAD PP 49 61 45.1 80 43 92 74.02 73.22 59.5 63.41
Turnaround court (days) 263 454.31 285 206 222 129 238.39 233.83 302.08 NA
Turnaround all (days) 349 433.73 287 265 233 80 274.62 253.31 244.72 177
Cases received 588 987 480 805 293 1206 4359 3423 2823.00 3077
Cases finalised 747 768 355 631 158 372 3031 3574 2271.00 1772
Nolle prosequi 184 329 156 186 62 171 1088 1693 1035.00
In Custody >6M 28 12 6 3 5 7 61 92
In Custody >2Y 4 12 1 0 0 0 17 10
PP for inv 32 19 10 47 5 1 114 0
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TRENDSTRENDS
Decrease in Court hours :- Permanent Magistrates not given by DoJ as
promised- Rotating of magistrates, which influences
continuity of cases and requires fragmentation of staff in different courts
-The type of cases enrolled are more complex -A tendency for less pleas and more trials
have developed.
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TRENDSTRENDS
Consistently high conviction rate
High withdrawal rate: - This can be attributed to a clean
out session relating to the RAF project held during the year
- Reasons for withdrawals are supplied on an ongoing basis and monitored
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TRENDSTRENDS
Decrease in Section 105A pleas - Accused are electing to take their chances in court Steady increase in Case loads of prosecutors- Continually monitored and addressed Steady Turnaround times of matters on the role Turnaround times of all cases (on role and not on role) are
slightly higher than before, but not a matter of concern Increase in number of cases received - Roll out of the Bloemfontein and Cape Town offices- Stakeholder programs which have created trust in the
abilities of the Unit Less cases were finalised in total. There were many
vacancies in this period. Less cases were finalised by way of nolle prosequi,
and more enrolled
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CHALLENGESCHALLENGES
To increase access to our servicesTo increase access to our services To create a pool of prosecutors who are To create a pool of prosecutors who are
specialists in the prosecution of specialists in the prosecution of commercial crimecommercial crime
To investigate how we can deliver a To investigate how we can deliver a service from district court level upservice from district court level up
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THE SPECIALISED THE SPECIALISED COMMERCIAL CRIME UNITCOMMERCIAL CRIME UNIT
THE ENDTHE END
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ANNEXURE AANNEXURE AMONITORING TOOLSMONITORING TOOLS
Asset ManagementAsset Management Conditions of ServiceConditions of Service Employee WellnessEmployee Wellness Performance ManagementPerformance Management Petty CashPetty Cash Prevention and Combatting of Corrupt ActivitiesPrevention and Combatting of Corrupt Activities Sexual Harassment Sexual Harassment SmokingSmoking Supply Chain ManagementSupply Chain Management Telephone and CellularTelephone and Cellular Termination of Service Termination of Service Theft and Losses Theft and Losses Vehicle ManagementVehicle Management
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ANNEXURE BANNEXURE BIMPROVEMENT PLANSIMPROVEMENT PLANS
Priority Governance Areas:Priority Governance Areas: Risk ManagementRisk Management Performance Management Performance Management Stakeholder Management Stakeholder Management Policy ManagementPolicy Management Financial ManagementFinancial Management Strategic ManagementStrategic Management Information ManagementInformation Management