REPORT TO PARLIAMENT 31 MARCH 2002 1 APRIL 2003 Honoured to present the NPAs 4 th Report to Parliament on eve of 5 th anniversary since establishment in terms of the Constitution. Continuing the tradition of finding innovative ways to contribute to the administration of Criminal Justice. INTRODUCTION Our strategic objectives set in 2001 remained unchanged for 2002/3: -to influence public confidence in justice system. -to influence reduction in crime rate. -to influence efficacy of criminal justice system. INTRODUCTION Continue to be guided by our vision Justice in society s4o that people can live in freedom and security. How have we performed as an organisation and have we achieved our objectives during 2002/3? Have we moved closer to our vision? INTRODUCTION Acknowledge that: - overall crime level in our country remains unacceptably high. Too many of our people still do not feel safe and secure, even in their own homes. -Community's fear of crime persists. -our operating environment is becoming more complex and unpredictable. INTRODUCTION Confident to report that we are beginning to make the difference in delivering justice to our people. Improving performance at all levels. Identified the barriers to efficient and effective service delivery and addressing them. INTRODUCTION Building closer partnerships with business other departments and communities to augment our capacity. Through our Specialised Units such as AFU, SCCU and DSO (Scorpions) we have raised the levels of public confidence in our ability to deliver justice. INTRODUCTION EFFICIENT AND EFFECTIVE COURT PERFORMANCE. CONTRIBUTING TO THE FIGHT AGAINST CRIMEMAKING THE DIFFERENCE. ENHANCING AND IMPROVING THE EFFECTIVENESS OF THE NPA. FOCUS OF REPORT When NPA was established it inherited a prosecution service characterised by: (a)demands for higher salaries (b)high turnover of experienced prosecutors (c)vacant posts (d)lack of basic resources EFFICIENT AND EFFECTIVE COURT PERFORMANCE (e)unpaid merit awards (f)low court productivity (g)outdated performance management system (h)low morale (i)no customer focus (j)lack of understanding of environment in which NPA operates Past 5 years we have successfully dealt with all of these challenges and built an organisation of which we can be proud of. Seeing the fruits of our efforts. EFFECTIVE AND EFFICIENT COURT PERFORMANCE The successes highlighted in this Report is reflective of our continuous commitment to building a 21 st century organisation that will make a difference in the administration of justice and to the people that we serve. EFFICIENT AND EFFECTIVE COURT PERFORMANCE NPA measures performance through measuring the efficiency and effectiveness of our core function, i.e. prosecutions NPS a division in the NPA has the oversight function to manage performance in courts. Court management System in place that can account for each and every hour a prosecutor spends in court. EFFICIENT AND EFFECTIVE COURT PERFORMANCE Performance in courts are illustrated in terms of: (a) court hours (b)backlogs (c)cases finalised (d) conviction rate (e) turnaround times etc. Average National Court Hours: Results Impressive improvement in court hours of District and Regional Courts. District Courts improved drastically from the 3.39 hours registered in 1999 to 4.11hours. High Court hours remained stable not able to improve on average of 3.29 achieved in 2001. Average National Court Hours Courts DCs RCs HCs EFFICIENT AND EFFECTIVE COURT PERFORMANCE National Average Court Hours National Conviction Rate: Results District Courts improved on average conviction rate. Regional Courts improved dramatically. High Courts also improved significantly at end of March already exceeding the target of 85%. National Conviction Rate Courts DCs76% 82%83% RCs64% 66%74% HCs77% 77%82% National Conviction Rate % Special Initiatives Saturday Courts and Additional Courts: dealing with backlogs (a) finalised cases double the number finalised in (b) Average court hours 5.11 hours (c) 82 Saturday courts and 75 Additional courts Pre-screening: dealing with high number of withdrawals (a) high number of withdrawals compared to finalised cases cause for concern (b)might reflect on the poor quality of investigations/ bad decisions on our part. (c) Prosecutors now screen cases before placing on roll. EFFECTIVE AND EFFICIENT COURT PERFORMANCE (d) Consulting with stakeholders to ensure no arrests take place without decision of prosecutor. (e) Prosecutors visiting police stations on Sundays to screen dockets EFFICIENT AND EFFECTIVE COURT PERFORMANCE Case Flow Management at High Courts: to improve turnaround time (a)Judiciary involved in the management of case flow. (b)Developing a model for case flow management. EFFICIENT AND EFFECTIVE COURT PERFORMANCE Fast- tracking guilty pleas: dealing with inefficiency and delays (a)cases are fast-tracked where accused indicates soon after arrest that s/he will plead guilty. (b)Decentralising decision-making and discretion. EFFICIENT AND EFFECTIVE COURT PERFORMANCE EFFICIENT AND EFFECTIVE COURT PERFORMANCE Highlights of Cases Serial killers De Klerk murder Asanti (NBS) Boeremag NPA is duty-bound to contribute to a society based on democratic values, social justice, fundamental human rights and improving the quality of the lives of our people. To this end we recognise our responsibility in the fight against crime, in particular the threat of organised crime. CONTRIBUTING TO THE FIGHT AGAINST CRIME MAKING THE DIFFERENCE Continue to make significant inroads through our specialist units AFU, DSO (Scorpions), SOCA, SCCU, Witness Protection Unit. CONTRIBUTING TO THE FIGHT AGAINST CRIME MAKING THE DIFFERENCE Taking the Profit out of Crime Remains one of the key objectives of the NPA. Asset Forfeiture provisions in the Prevention of Organised Crime Act, 121 of 1998(POCA) proved to be an effective tool to achieve objective. Asset Forfeiture Unit in the NPA, made good progress. MAKING THE DIFFERENCE Exceptional growth: (a) number of cases (seizures) increased. (b) decline in the number of amounts under restraint. (c) Increase in forfeitures initiated. (d) more forfeitures completed. (e) increase of monies deposited into Criminal Asset Recovery Account (CARA). MAKING THE DIFFERENCE 99/0000/0101/0202/03 Seizures: Amount Under restraint:R70R149R154R120 (million) Forfeitures Initiated: Amount:R3.8R26R68R73 (million) 99/0000/0101/0202/03 Forfeitures completed: Amount:R0.2R7.2R15R48 (million) Money Deposited CARA:0R0.14R0.58R17 (million) MAKING THE DIFFERENCE Combined figures reflecting performance over 4 years: Total value of frozen assets approx. R500m. 129 forfeiture orders involving R76m granted. Amount in CARA R18m (to date). Increased number of cases Increased Asset Forfeiture (in R mil value) Impacting on selected priority crimes: Economic crimeCorruption DrugsNatural resources Precious metalsViolent crime Gambling Brothels/ Human Trafficking MAKING THE DIFFERENCE Establishing a National Presence: Regional offices established in Cape Town, Durban, Johannesburg and Port Elizabeth. East London and Bloemfontein to be expanded. Offices planned for Kimberley and Mmabatho. Productivity hampered by complex litigation on 30 different legal and procedural issues, apart from Constitutional issues. e.g. Mohammed case Courts would not hear applications until CC delivered final judgment. Obtained 46 judgments on interpretation of POCA. MAKING THE DIFFERENCE Highlights of cases Mohammed-case: illegally operating chop-shops for stolen or hijacked vehicles. Constitutional Court made significant remarks about the need for criminals to be stripped of their assets. Court said the following: It is common cause that conventional criminal penalties are inadequate as measures of deterrence when organised crime leaders are able to retain the considerable gains derived from organised crime, even on those occasions when they are brought to justice. The above problems make a severe impact on the young South African democracy, where resources are strained to meet urgent and extensive human needs. Various international instruments deal with the problem of international crime in this regard and it is now widely accepted in the international community that criminals should be stripped of the proceeds of their crimes, the purpose being to remove the incentive for crime, not to punish them. This approach has similarly been adopted by our legislature. MAKING THE DIFFERENCE Rautenbach-case: Dilemma for law enforcement: case raises a number of issues which might require legislative amendments. (a) Judge ruled that Notice of Appeal does not have the effect of reinstating the restraint order seized assets had to be returned. Allows defendants to take assets out of the country. MAKING THE DIFFERENCE (b) Fugitives of justice allowed to contest forfeiture proceedings without subjecting themselves to jurisdiction of our courts. MAKING THE DIFFERENCE National Priority Crimes DSO (Scorpions) deal with national priority crimes (high-level crime of national impact). Differentiated itself through adopting unique Troika- methodology: combining crime analysis, investigation and prosecution supported by modern technology. MAKING THE DIFFERENCE Involved in a number of Nationally- Coordinated Projects into e.g.: Transnational drug-trafficking (East- Asian ethnic groups). Human smuggling and trafficking. Cross-departmental corruption. MAKING THE DIFFERENCE Making strides in the application of Racketeering provisions in POCA. (a)developed 6 racketeering prosecutions 4 guilty pleas 1 trial resulting in conviction and sentence of life imprisonment. 1 court refused to convict on racketeering convicted on other offences (b)disrupted activities of organised group 66 arrests. Increasing focus on corrupt attorneys and doctors. Increasing focus on auditors manipulating financial statements causing demise of major companies. Successfully formed inter-agency investigative task teams into high profile corporate collapses. MAKING THE DIFFERENCE Increased performance in key activities Finalised 190 high-profile prosecutions (past 12 months). Conviction rate of 85% for 2001 and Number of arrests increased in Increase in the use of under cover operations and surveillance techniques. Finalised more investigations in 2002. Key Activities: Comparison with previous year Highlights of cases Guanxi (organised crime) yielded a number of seizures-app. R16.5m assets under restraint. 196 targets and 85 related entities identified. 66 arrests (other arrests made by SAPS) collaborating successfully with SAPS. MAKING THE DIFFERENCE Heritage Eyeware (419 scam) 4 convicted of fraud, racketeering and corruption. Indigo: joint sting operation with SAPS into drugs. first racketeering conviction in legal history of SA sentence 10 years. MAKING THE DIFFERENCE Tanstar: Illegal casinos sting operation closed down operations accused convicted of money-laundering, tax evasion and illegal gambling; forfeited assets of R17m MAKING THE DIFFERENCE West-African 419 Use of SARB identity convicted of racketeering, 18 Nigerians convicted, 50 years imprisonment imposed on 3 accused. 17 deported. Houtbay Fishing accused convicted & forfeiture of R20m + boat valued at R5.5m MAKING THE DIFFERENCE Reduction in organised violence throughout the country: SvR Ngubo, SvNkongo, SvA Ebrahim, SvE Jeneker Impacting on White-Collar Crime Specialised Commercial Crime Unit playing a key role in making a difference in commercial crime. Had tremendous success in reducing backlogs and maintain high conviction rates. Due to success Johannesburg Unit opened in September 2002. High productivity average court hours 4.67 (Pretoria); 4.5 (JHB 7mths). High conviction rate: PRETORIA JHB 01/0202/0302/03 86%96.2% 93.54% MAKING THE DIFFERENCE Highlights of cases Increase in different categories of persons: broadening the reach. Court continues imposing sentences reflecting the seriousness with which white-collar crime and corruption is viewed. MAKING THE DIFFERENCE International fraud syndicate that defrauded a bank. One of the accused was convicted and sentenced 15 years imprisonment. Fraud and theft of Department of Justice Warrant Vouchers involving R3.5 million. Accused convicted and sentenced to 7 years imprisonment. Accused sentenced to 17 years imprisonment for running an investment scheme involving R27 million. Several attorneys investigated and prosecuted for fraudulent claims against the Legal Aid Board. One sentenced to 3 years correctional supervision in terms of section 276 (1) (h) of Act 52 of 1977. Former advocate of the Bar convicted in the High Court on several charges of fraud, theft and statutory offences sentence 12 years imprisonment of which 5 years effectively must be served. Deputy Commissioner in SAPS convicted of fraud and corruption - sentence 3 years correctional supervision in terms of section 276 (1) (h) of Act 51 of 1977. Protecting the vulnerable in society Endless cycle of domestic violence and sexual abuse against women and children still remain one of the key priorities. Sexual Offence Unit (SOCA) in NPA playing key role. MAKING THE DIFFERENCE Increasing the number of Sexual Offences Courts Spearheades 11 in 2002: Vosloorus, George, Umtata, Thohoyandou, Nelspruit, Evander, Parow (2 courts), Atlantis/Vredendal and in Thabamoopo, Polokwane. Total number stands at 39 countrywide. A victim-centered approach: to reverse the secondary victimization of women. Created the Thuthuzela Care Centre (TCC) based on multi-disciplinary approach. Located inside the hospital with special facilities for survivors. MAKING THE DIFFERENCE conviction rate in courts drawing cases from TCC courts between 70% and 75%. MAKING THE DIFFERENCE Enforcing Child Support Progress in area of enforcing child support: created 80 maintenance prosecutor positions. 69 positions already filled. Training manual developed. Policy and legislative review of maintenance system underway. Diversion of child offenders Involved in the diversion of child offenders: 2002 diverted young offenders. Highlights of joint Initiatives with stakeholders Good collaboration with other stakeholders: leading the initiative in the National Interdepartmental Anti-Rape Strategy. Assisting other departments to design a National Monitoring and Evaluation Framework laws, policies and services to eradicate violence against women. Involved in public awareness campaigns. MAKING THE DIFFERENCE NPA is committed to: Make justice more accessible to victims of crime particularly to women and children Engender attitudes of care, support and empathy. Improve the quality of prosecutions in area of sexual offences and abuse of women and children. MAKING THE DIFFERENCE Specialised Support Services for Vulnerable and Intimidated witnesses Witness protection essential for effective Criminal Justice System. Witness Protection Unit, in NPA provide service. Took over function of witness protection in 2001. New Operating Model Critical elements of model: Pro-active risk identification. Reduction in turn-around time for removal of witness from danger area. 24-hour accessibility. Simple witness grievance procedure. Humane discharge and "after-care" for witnesses. Number of persons under protection 375 Witnesses 360 Extended family 105 Children of witnesses 5 Attending crche 30 Attending school MAKING THE DIFFERENCE Successes in Prosecution Process Most important measure of success in witness protection is ensuring that no witness is killed/ harmed whilst under the care of the WPU. No witness is killed/ harmed whilst in programme DURING 2002/2003. MAKING THE DIFFERENCE Witness participation in prosecutions No. testified:114 No. cases:87 No. accused:183 No. convictions:141 No. acquitals:42 Jail terms:2 626 Life sentences:72 Special Projects Joint Action Corruption Task Team (JACTT) November / December Cabinet decision to investigate corruption in the Eastern Cape Provincial Departments. MAKING THE DIFFERENCE Composition of JACTT NPA including the following specialized units: DSO (Scorpions), Asset Forfeiture Unit and Special Commercial Crimes Unit. SAPS- mainly detectives from the Commercial Branch and SAPS Intelligence. Forensic Division of the Auditor Generals Office (Eastern Cape). Special Investigations Unit. National Intelligence Agency. Number and spread of cases Progress made Phase arrests 18 convictions 10 imprisonment sentences R4,2 million worth of assets under seizure Establishment of a dedicated Regional Court Mdantsane Phase 2 Involves high profile and complex cases report on them in due course. MAKING THE DIFFERENCE Dealing with the past Fulfilling Constitutional mandate of national reconciliation: healing the wounds of the past. Priority Crimes Litigation Unit established in NPA. MAKING THE DIFFERENCE Progress made in investigation and preparation for prosecution (7 cases). Number of cases under evaluation (459). MAKING THE DIFFERENCE Road Accident Fund Project The extent and seriousness of fraud and corruption relating to RAF of concern to the NPA. Collaborating with the RAF to: (a)Boost law enforcement efforts aimed at individuals and syndicates. (b)Develop an integrated investigation and prosecution strategy. (c)Significantly increase convictions. (d)Apply asset forfeiture to retrieve the proceeds of crime. (e)Reduce crime against the RAF. MAKING THE DIFFERENCE Specialist Tax Capacity Agreement with SARS that NPA sets up a dedicated tax litigation capacity: (a)enhancing NPAs capacity to prosecute tax offences. (b)enhancing SARSs overall capacity to collect revenue. (c)increasing the conviction rate of tax offenders. Capacity in DPPs offices Pretoria, Johannesburg, Cape Town and Durban. To be nationally coordinated from NPA National Office. Begin operating 1 July MAKING THE DIFFERENCE Developed a Performance Budgeting System. Developing leadership capacity: 57 senior managers on the Presidential Strategic Leadership and Development Programme impact of programme is being assessed. ENHANCING AND IMPROVING EFFECTIVENESS OF NPA Developing sound financial management capacity: 259 NPA, Corporate Services staff trained in PFMA and Batho Pele (Governments customer intimacy policy document). Internship Pilot Programme: promote culture of a learning organisation - 78 Interns recruited to date. Employment Equity Profile Changing the demographics of the NPA: priority since Good progress made in becoming a representative state institution. Implementation of our Employment Equity Policy is showing results. Employment Equity Status Report SCCU Employment Equity Status Report SCCU WMWFBMBFCMCFIMIFTOTAL %39%14%18%4%0% 7%100% Employment Equity Status Report SOCA Employment Equity Status Report SOCA WMWFBMBFCMCFIMIFTOTAL %7%46%37%0%1%0%2%100% Employment Equity Status Report AFU Employment Equity Status Report AFU WMWFBMBFCMCFIMIFTOTAL %14%23%25%4%2%7%9%100% Employment Equity Status Report WPU Employment Equity Status Report WPU WMWFBMBFCMCFIMIFTOTAL %27%13%20%13%10%3% 100% Employment Equity Status Report Corporate Services Employment Equity Status Report CORPORATE SERVICES WMWFBMBFCMCFIMIFTOTAL %8%41%35%3%2%3%2% 100% Employment Equity Status Report DSO Employment Equity Status Report DSO WMWFBMBFCMCFIMIFTOTAL %9%36%15%4%6%5%3%100% Employment Equity Status Report NPS Senior Managers and Professional Staff Employment Equity Status Report NPS Senior Managers and Professional Staff WMWFBMBFCMCFIMIFTOTAL %21%35%17%6%0% 100% Challenge of NPA in /2000 Annual Report, the NPAs first Report to Parliament after its establishment highlighted the enormity of tasks: had to create a new dispensation for prosecution service. 5 years later significant progress made. WAY FORWARD We have: Enhanced our efficiency and effectiveness and increased our out put. Demonstrated that we can deliver tangible improvements in the administration of criminal justice. Influenced and shaped criminal justice in our country. Built a performance-driven organisation. Challenges of NPA in 2002/3 and beyond Critical juncture in history of NPA faced with equally enormous task this time no longer about salaries, etc., but developing an NPA for the future. Requires consolidation of past and current successes and mapping strategic direction to sustain successes. Can say the tide has turned in our favour. Some of the challenges are: Building a dynamic leadership corps. Building a culture of acting in the defence of the Constitution, and promoting human rights, good governance and Rule of Law. Building a prosecution service based on a victim-centred approach. Successfully implementing performance management linked to our strategic objectives. Building a modern and dynamic national management culture. WAY FORWARD What are we doing to address new challenges? (a)Developing NPA into strategy- focused organisation based on: Translating our strategy into operational terms. Aligning the organisation to the strategy. Making strategy part of everyones work. Making strategy a continual process. Mobilising our change efforts through executive leadership. WAY FORWARD (b)Developing our strategy. (c) Core Team of senior managers appointed to develop new NPA Corporate Balanced Scorecard. -process commenced April to be finalised later in year. (d)Fundamental change central to new strategy (e)Core Team will for coming year focus attention on developing a Transformation Programme and assist to manage change process. WAY FORWARD Embarking on process to position NPA for new legal order (characterised by transformed judiciary, legal and criminal justice system) and changing future to bring justice, freedom and security closer to the people.