presentation on the npa strategic plan 2015 2010/11 financial year adv. m simelane ndpp
DESCRIPTION
PRESENTATION ON THE NPA STRATEGIC PLAN 2015 2010/11 FINANCIAL YEAR Adv. M Simelane NDPP. Overview of Presentation. Legislative framework and requirements Structure Strategic goals Measurable objectives and targets Strategies. Legislative Framework. - PowerPoint PPT PresentationTRANSCRIPT
1
PRESENTATION ON THE NPA STRATEGIC PLAN 2015
2010/11 FINANCIAL YEAR
Adv. M Simelane
NDPP
2
Overview of Presentation
• Legislative framework and requirements
• Structure
• Strategic goals
• Measurable objectives and targets
• Strategies
3
Legislative Framework
• The NPA was established in terms of section 179(2) of the Constitution to- – institute and conduct criminal proceedings on behalf of the
State:
– carry out any necessary functions, incidental to instituting and conducting such criminal proceedings; and
– discontinue criminal proceedings.
• These powers are confirmed in section 20 of the NPA Act.
3
4
Legislative Requirements
• Section 5 of the NPA establishes an Office of the NDPP which shall consist of:– NDPP (head of office and controls the office)
– DNDPPs
– Investigating Directors and Special Directors
– Other members of the NPA assigned to the office
– Members of the administrative staff of the office
• An office for the NPA is established at each seat of the High Court (Section 6(1))
4
5
Roles of the Directors of Public Prosecutions (DPPs)
• Section 24(1) of the NPA Act sets out the powers of the DPPs as follows:– Institute and conduct criminal proceedings and to carry
out functions incidental thereto– Supervise, direct and coordinate the work of DDPPs and
prosecutors in region– Supervise, direct and coordinate specific investigations– Carry out any other functions or duties in terms of the law
or the NPA Act.
6
Roles of the DPPs
• The NPA strategy restores the focus on the role the DPP as the prosecutorial decision making authority in the NPA
• All prosecutorial regional functions are centralised under the DPP
• The NDPP will exercise oversight through enterprise performance management
6
7
Public Service Act and Regulations• Section 1 of the Public Service Act defines a Department as a
“national government component, the Office of a Premier, a provincial department or a provincial government component.”
• Head of Department means “the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes any employee acting in such post”
• In terms of section 36 of the NPA Act the DG is the Accounting Officer for the NPA
• In terms of the PFMA the Head of the Department is the Accounting Officer
7
8
Structure of the NPA
• The structure has been aligned to provisions of the NPA Act
• The regional focus areas are aligned to government crime priorities
• A detailed discussion of the structure is contained on pages 11-20 of the strategic plan
8
9
Structure of the NPA
10
Structure : Office of the NDPP
• Capacity established to deal with the following:
• Public Interest Litigation• Corporate Governance and Administration • Integrity Management • Legal Services • Organised Crime Prosecutions • Complex Commercial Crime• Asset Forfeiture • Sexual Offences and Community Affairs• Priority Crimes Litigation
10
11
Structure: DPP Offices• In line with government priorities coordinators
have been identified to manage the following crime focus areas:
• General Prosecution • Specialised Prosecution • Complex Commercial Crime (old SCCU)• Organised Crime • Asset Forfeiture• Corporate Governance
11
12
Government Crime Focus Areas
• Serious and violent crimes• Hijacking, business and house robberies (trio crimes)• Contact crimes such as murder, rape, and assault• Corruption and fraud in procurement and tender
processes, and in applications for drivers’ licences, social grants, and identity documents etc.
• Protection of environmental assets and natural resources
12
13
General Prosecution Focus Areas
• Focus on the bulk of the work
• Include specific focus on:– Violent crimes– Trio crimes– Contact crimes such as murder, rape and assault
14
Specialised Prosecution Crime Focus Areas
• Crimes against women and children• Maintenance• Protection orders• Competition law• Environmental crimes• Corruption in government• Corruption of foreign public officials• Specialised tax
15
Complex Commercial Crime and Organised Crime
• Complex Commercial crime will focus on the apex of the criminal activity in this focus area
• Organised crime will be the main service provider to the Hawks and focus on the method of commission of the crime rather being crime specific
16
JCPS Stated Priorities• Addressing the overall levels of crime• Improving effectiveness and ensuring the
integration of the CJS• Combat corruption within the JCPS cluster to
enhance its effectiveness and its ability to serve as deterrent against crime
• Corruption (in general)• Manage the perception of crime among the
population
16
17
JCPS targets for NPA to contribute towards achieving • Finalising more criminal cases by 2% per annum• Reducing case backlogs by 10% (2.5% pa)• Increasing the number of cases finalised including
ADRM by 20% (5% pa)• Reducing the period of remand detention• Successfully convict 100 people of corruption by 2014
that have assets of more than R5m restrained.• Increase in the number of Thuthuzela Care Centres with
50% to 35
17
18
Key Strategic Goals
• The NPA has two strategic goals:– Excellent governance– Excellent delivery
• The NPA strategy supports the implementation of the intergovernmental programmes and activities in particular the JCPS (page 23- 24).
• The targets and measurable objectives are aligned to these priorities
18
19
Vote 23 Justice and Constitutional Development
• NPA is programme 4 in the DoJ&CD vote
• Public Prosecutions: provides for general prosecutions and several specialist prosecution units
• Office for Witness Protection: provides for protection, support and related services to witnesses.
• Asset Forfeiture: seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process.
• Support Services: accounts for the corporate services component (will not plan for this unit and will be incorporated in the DoJ&CD)
20
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.
21
Key Measurable Objectives
• Increase the number of cases finalised by 4 % from 317 677 to 386 503 in 2014/15
• Reduce the number of backlog cases by 2.5% per annum from 37 405 to 33 039
• Increase the number of cases finalised (including diversion) by 5% from 404 229 to 515 910
• Increase the number of cases finalised by the specialised commercial crime by 2 % from 1 436 to 1 585
• Combat corruption by successfully convicting 100 people and constraining their assets to the value of at least R5m.
22
Key Measurable Objectives (cont.)• Establish 5 additional TCC per year from 20 to 45• Ensure that no witnesses are harmed or threatened while on the witness
protection programme• Reduce the percentage of witnesses that walk off the programme from
40% to 12%• Increase the value of freezing orders from R400 million to R500 million
2323
24
Budget Allocation
R’ thousand
2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15
OutcomeAdjusted
Appropriation
Medium-term estimatesEstimated inflation
increase of 8%MTEF Baseline
Public Prosecutions 1,427,856 1,708,235 1,748,206 1,856,692 1,953,591 2,109,878 2,278,669
Witness Protection Programme 103,592 128,014 127,835 135,076 141,550 152,874 165,104
Asset Forfeiture Unit 64,513 73,742 81,795 86,726 91,128 98,418 106,292
Support Services 330,942 472,247 481,788 508,347 532,041 574,604 620,573
Total of sub programmes 1,926,903 2,382,238 2,439,624 2,586,841 2,718,310 2,935,775 3,170,637
Total current payments 1,919,721 2,355,116 2,420,025 2,565,878 2,696,368 2,912,077 3,145,044
Total transfers and subsidies 4,863 9,358 9,599 10,448 10,970 11,848 12,795
Total payments for capital assets 2,319 17,764 10,000 10,515 10,972 11,850 12,798
TOTAL PAYMENTS 1,926,903 2,382,238 2,439,624 2,586,841 2,718,310 2,935,775 3,170,637
24
25
Sub-programme 1: Public Prosecutions
• Primary national responsibility to institute criminal proceedings and performing related functions
• Provides prosecuting services in all Courts in all 9 provinces
• Focuses on certain crime categories as set out above• Apart from appeals, civil litigation and prosecution of
cases, also focuses on resolution of criminal matters
26
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 capabilities for crime focus areas– Increase the number of Thuthuzela Care Centres
• Initiatives have been identified for each of the strategies
27
Deliver a speedy, quality prosecution within the prescripts of the law
• The following initiatives will be implemented:– Operations Management – Case Flow Management – Case Backlogs– DoJ&CD Accessibility Project– Screening of Cases– Asset Forfeiture – Witness Protection
– Court preparation
28
Build sound relations with key stakeholders and partners
• Key stakeholder have been identified• Relations will be built and maintained• The NPA reliance on stakeholders for attainment
of goals is acknowledged • Joint target setting in the cluster will greatly
contribute to the NPA achieving its targets
29
Use suitable alternatives to punitive justice
• Increase focus on use of informal methods of case resolution that is not punitive in nature
• Focus on increasing diversion of children in conflict with the law and general implementation of the Child Justice Act
• Lack of suitable programmes and service providers in some areas to be addressed
29
30
Develop dedicated capabilities for crime focus areas
• Coordinators to address crime focus areas
• Regional specific strategies to be developed to address phenomena in regions
30
31
Increase the number of Thuthuzela Care Centres• Roll out additional TCCs to continue
• No funding from National Treasury which impacts on sustainability
• Accounting Officer will be requested to submit proposal in this regard
• Remains a JCPS target
31
3232
Measurable objective Strategy Measure/indicator
2010/2011 2011/2012 2012/2013 2013/2014 2014/2015
target/ target/ target/ target/ target/
milestone milestone milestone milestone milestone
1.1 To increase the number of cases finalised successfully
1.1.1Deliver a speedy, quality prosecution within the prescripts of the law
Number of backlog cases 36 672 35 952 35 247 33 714 33 039
Number of cases finalised through trial
324 030 330 511 337 121 343 863 350 740
1.1.2Build sound relations with key partners and stakeholders
Conviction rate: High Courts
87% 87% 87% 87% 87%
Conviction rate: Regional Courts
74% 74% 74% 74% 74%
Conviction rate: District Court
87% 87% 87% 87% 87%
1.2 To increase the use of alternative ways of delivering justice
1.2.1 Use suitable alternatives to punitive justice
Number of cases finalised including ADRM
412 313 420 559 428 970 437 549 446 300
Average number of children diverted per month
1 338 1 405 1 475 1 548 1 626
1.3 To improve the capability to deal with specific crime focus areas
1.3.1Develop dedicated capabilities to deal with specific crime focus areas
Number of complex commercial crime cases finalised through trial
1 464 1 494 1 524 1 554 1 585
Conviction rate: Complex commercial crime cases
94% 94% 94% 94% 94%
Conviction rate: Sexual Offences Courts
66% 66% 66% 66% 66%
Number of persons convicted with R5m assets restrained
10 20 35 35 40
1.4 To improve justice services for the victims of sexual offences
1.4.1 Increase the number of Thuthuzela Care Centres
Number of TCCs 25 30 35 40 45
33
Resourcing Plan • Prosecutions Workplace Skills Development
Forum-chaired to be established
• Internship programme to be extended with a strong focus on Employment Equity
• Continue with the aspirant prosecutor programme
• Bridging programmes to be introduced at higher levels
33
34
Resourcing Plan (cont.)
• Future leaders programme to be implemented to build capacity for top levels with employment equity in mind
• Additional staff will be required to meet increased demand due to increase in SAPS members.
• Vacancy rate to be addressed (reported in 08/09 as 24.9%
34
35
Vacancy Rate of Prosecutorial staff
35
Total number
of Prosecutor
posts
Filled Vacant Vacant % Contract
appointments
Filled
posts
also
including
contracts
Vacant %
including
contracts
3395 2851 544 16,02% 166 3017 15,28%
3636
Sub-programme 2: Office for Witness Protection
• Measures– Ensure that no witnesses are harmed or
threatened while on the programme
– Reduce the number of witnesses that abandon the programme
37
OWP: Strategies
• Integrated in overall prosecution strategy for successful prosecution
• Address factors leading to walk offs
• Reduce turnaround times for finalising cases
• Improve stakeholder engagement
37
38
OWP: Measures and Targets
38
Measurable objective Strategy Measure/ indicator 2010/ 11 target
2011/ 12 target
2012/ 13 target
2013/ 14 target
2014/ 15 target
2.1 To increase the successful protection and support of vulnerable and intimidated witnesses
2.1.1 Ensure that no witnesses are harmed or threatened
Number of protected witnesses harmed or threatened
zero zero zero zero zero
2.1.2 Reduce the walk offs from the programme
% of witnesses who abandon the witness protection programme
34% 24% 16% 14% 12%
3939
Sub-programme 3: Asset Forfeiture (AF)• The AF employs two strategies to
reduce the incentive for crime:
–Increase the impact of asset forfeiture
–Maintain a high success rate
40
Increase the impact of asset forfeiture
• Investigators seconded to SIU-return as financial investigators
• Continue with co-location with SAPS to assist in criminal investigation and asset tracing
• Relationship being built with Hawks
• New regional focus areas can provide new markets: specialised crime, organised crime and complex commercial crime
• Focus on government priority crimes
• Lack of adequate staffing to meet demand – outer years budget input provided to address this
• Continue to build capacity in SADC
• Explore drafting of papers by prosecutors to increase impact
41
Maintain high success rate
• Case selection critical
• Monitoring continue
• Skills development and reducing reliance on outside counsel
41
42
AFU Measures and Targets
42
Measurable
objective
Strategies Measure/ indicator 2010/1
1 target
2011/1
2 target
2012/
13
target
2013/
14
target
2014/
15
target
3 .1 To
contribute to
reducing the
incentive for
crime
3 .1.1 Increase the
impact of asset
forfeiture
Number of new
completed forfeiture
cases
300 310 330 350 37 5
Number of new
freezing orders
310 330 350 37 5 400
Value of new
freezing orders (Rm)
400 420 440 4 70 500
Number of restraint
orders for at least
R5m in respect of
Persons
convicted of
corruption
10 20 35 35 40
3 .1.2. Maintain a
high success rate
Success rate 86% 86% 86% 86% 86%
4343
Sub-programme 4: Support Service
• Corporate Services to be integrated with DoJ&CD• Role of DG as Accounting Officer acknowledged • Control over human resource management and
development as well budgeting and expenditure will be maintained
• Accommodation and provisioning of resources and equipment in Lower Courts remains a concern
• The DG will be engaged on these areas
44
Transformation • Transformed workforce with sound work ethic required
for successful implementation• Issues of employment equity in the higher levels (12
and up) and lack of disabled personnel requires urgent attention
• Transformation strategy to be developed and implemented.
• NPA national and international reporting responsibility acknowledged
44
45
2010 FIFA World Cup
• DoJ&CD is the project leader
• Well established project with clear deliverables and deadlines
• The NPA will continue to participate in the project
• Success is expected over the period as the Department is well prepared
45
46
CJS Review
• The CJS Review is aimed at establishing a new, modernised, efficient and transformed CJS.
• The NPA actively participates in the review and the various sub-committees. – Strategic integration– Protocols developed– Integrated information management system
4747
Thank you