PRESENTATION TO THE SELECT COMMITTEE ON SECURITY AND

CONSTITUTIONAL DEVELOPMENT

Presented by Dr K De Wee, Acting CEO

1 September 2009

Overview of Presentation

• Introduction to the Strategic Planning Process

• Overview of Strategic Plan including budget allocation

• Closure

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

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

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

 Economic Classification

2008/09   2007/08

Adjusted Appro

Virement Final Actual Variance

Exp as % of final Appro

Final Appro

Actual Exp

  R'000 R'000 R'000 R'000 R'000 % R'000 R'000

Compensation of employees 1,555,395 1,170 1,556,565 1,556,566

(1) 100.0% 1,231,885 1,230,642

Goods and services 510,650 (3,463) 507,187 506,817

370 99.9% 573,321 573,673

Provinces and Municipality - - - - - - 92 -

Financial transactions inassets and liabilities

-

324

324

325

(1) 100.3%

960

936

Departmental agencies & accounts 1,240

- 1,240 1,073 167 86.5%

-

-

Households 7,697 (1,743) 5,954 4,575 1,379 76.8% 3,258 3,268

Buildings & other fixed structures

-

-

-

-

- 0.0%

57

57

Machinery and Equipment 36,272 - 36,272 2,607 33,665 7.2% 47,982 47,982

Software and otherintangible assets 4,267 - 4,267 12 4,255 0.3 3,711 3,711

Total 2,115,521 -3,7122,111,80

92,071,97

5 39,834 98%1,861,26

61,860,26

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2008/09 Expenditure Outcome

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

Sub-Programme

2009/10 2010/11

Original MTEF

Allocation

Revised MTEF

Allocation NT Cut% NT Cut

Original MTEF

Allocation

Revised MTEF

Allocation NT Cut% NT Cut

Public Prosecutions 1,564,786 1,532,847 -31,939 -2.04% 1,641,304 1,602,883 -38,421 -2.34%

Witness Protection 132,766 130,056 -2,710 -2.04% 142,838 139,578 -3,260 -2.28%

Directorate of Special Operations 304,822 298,600 -6,222 -2.04% 321,298 313,814 -7,484 -2.33%

Asset Forfeiture Unit 69,895 68,468 -1,427 -2.04% 73,748 72,032 -1,716 -2.33%

Support Service 459,492 450,113 -9,379 -2.04% 501,250 489,968 -11,282 -2,25

Total 2,531,761 2,480,084 -51,677 -2.04% 2,680,438 2,618,275 -62,163 -2.32%

ENE Budget Allocation per Sub-programme

Economic Classification

2009/10 2010/11

OriginalMTEF

Allocation

RevisedMTEF

Allocation NT Cut % NT Cut

OriginalMTEF

Allocation

RevisedMTEF

Allocation NT Cut % NT Cut

COMPENSATION OF EMPLOYEES 1,836,535 1,824,536 -11,999 -0.65% 1,921,146 1,902,760 -18,386 -0.96%

GOODS AND SERVICES 607,357 567,689 -39,668 -6.53% 663,769 620,007 -43,762 -6.59%

HOUSEHOLDS 10,057 10,057 0 0.00% 10,817 10,817 0 0.00%

MACHINERY & EQUIPMENT 64,043 64,043 0 0.00% 69,892 69,892 0 0.00%

DEPARTMENTALAGENCIES ANDACCOUNTS 1,425 1,415 -10 -0.70% 1,480 1,465 -15 -1.01%

SOFTWARE AND OTHERINTANGEBLE ASSETS 12,344 12,344 0 0.00% 13,334 13,334 0 0.00%

Total 2,531,761 2,480,084 -51,677 -2.04% 2,680,438 2,618,275 -62,163 -2.32%

ENE Allocation per Economic Classification

Budget Allocation -2009/10BU

2008/09 Budget Allocation 2009/10 Budget Allocation % Increase

ASSET FORFEITURE UNIT 60,472,000 71,242,000 18%

SUPPORT SERVICES 358,658,000 456,021,000 27%

NATIONAL PROSECUTING SERVICES 1,142,494,000 1,322,857,000 16%

OFFICE OF THE NDPP 8,882,000 20,760,000 134%

COMMUNICATIONS UNIT 17,989,000 18,876,000 5%

INTERGRITY MANAGEMENT UNIT 10,584,000 15,036,000 42%

PCLU (MISSING PERSONS) 3,292,000 3,476,000 6%

PRIORITY CRIME LITIGATION UNIT 8,417,000 10,126,000 20%

WITNESS PROTECTION UNIT 112,540,000 126,140,000 12%

SEXUAL OFFENCES & COMM AFF UNIT 35,780,000 37,876,000 6%

SPECIALISED COMMERCIAL CRIME UNIT 93,280,000 104,584,000 12%

DIRECTORATE OF SPECIAL OPERATION 263,133,000 293,090,000 11%

Grand Total 2,115,521,000 2,480,084,000 17%

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.

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

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.

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.

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NPA Strategic Framework

Excellen

t G

overn

an

ce

Strategic Goal

Sub-Programme

Measurable Objective Strategy

Excellent service delivery

1. Public Prosecutions

1.1 To increase the number of cases finalised successfully

1.1.1 Deliver a speedy, quality prosecution within the prescripts of the law.

1.1.2 Build sound relations with key partners and stakeholders

1.2 To increase the use of alternative ways of delivering justice

1.2.1 Use suitable alternatives to punitive justice

1.3 To improve the capacity to deal with complex commercial crime

1.3.1 Develop a dedicated commercial crime capability

1.4 To improve justice services for the victims of sexual offences

1.4.1 Develop capability to successfully deal with cases affecting mainly women and children 1.4.2 Increase the number of TCCs

2. Office for Witness Protection

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

2.1.2 Reduce the walk offs from the programme

3. Directorate of Special Operations

3.1 To increase the successful investigation and prosecution of organised and complex crime

3.1.1 Disrupt organised crime

4. Asset Forfeiture Unit

4.1 To contribute to reducing the incentive for crime

4.1.1 Increase the impact of asset forfeiture 4.1.2 Maintain a high success rate

4.1.3 Develop jurisprudence

Adequate resourcing

5. Support Services

5.1 To improve service delivery support

5.1.1 Service Delivery Improvement 5.1.2 Improve the recruitment, maintenance and retention of human resources 5.1.3 Improve Information Management and Information and Communications Technology (ICT) Resourcing

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.

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.

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

Public Prosecutions: Measures

• Decrease the case backlogs

• Increase cases finalised

• Maintain conviction rate

• Increase the use of alternative dispute mechanisms

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

DPP’s Budget Allocation -2009/10

DPP's

2008/09 Budget

Allocation 2009/10 Budget

Allocation % Increase DPP MMABATHO 51,581,183 62,586,994 21%

DPP BISHO 34,112,802 37,677,800 10%

DPP BLOEMFONTEIN 76,781,351 89,125,200 16%

DPP CAPE TOWN 167,903,292 188,588,700 12%

DPP GRAHAMSTOWN 76,788,656 83,865,500 9%

DPP JOHANNESBURG 138,805,681 173,896,100 25%

DPP KIMBERLEY 45,492,697 50,019,600 10%

DPP PIETERMARITZBURG 174,138,884 209,190,300 20%

DPP PRETORIA 247,659,802 275,252,806 11%

DPP THOHOYANDOU 27,546,357 29,378,800 7%

DPP UMTATA 57,604,495 65,123,700 13%

NPS HEAD OFFICE 44,078,800 58,041,500 32%

Grand Total 1,142,494,000 1,322,747,000 16%

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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.

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.

26

Witness Protection: Measures

• Ensure that no witnesses are harmed or threatened while on the programme

• Reduce the number of witnesses that abandon the programme

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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

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)

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

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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

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

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

Budget vs Expenditure Status as at 31 July 2009

NPA Overall Budget & Exp as at 31 July 2009

Economic ClassificationTotal Expenditure as at 31 July 2009 Current Budget Available Budget

% Budget Spend

COMPENSATION OF EMPLOYEES 517,439,487 1,824,536,000 1,307,096,513 28%

GOODS AND SERVICES 198,649,700 567,689,000 369,039,300 35%

INTEREST AND RENT ON LAND 7,878 0 -7,878 #DIV/0!

PAYMENTS FOR FINANCIAL ASSETS 5,491 0 -5,491 #DIV/0!

HOUSEHOLDS 1,774,281 10,057,000 8,282,719 18%

MACHINERY AND EQUIPMENT 341,632 64,043,000 63,701,368 1%

SOFTWARE & INTANGIBLE ASSETS 0 12,344,000 12,344,000 0%

DEPARTMENTAL AGENCIES & ACCOUNTS 0 1,415,000 1,415,000 0%

Grand Total 718,218,469 2,480,084,000 1,761,865,531 29%

BU Overall Budget & Exp as at 31 July 2009

Business UnitTotal Expenditure as at 31 July 2009 Current Budget Available Budget

% Budget Spend

AFU 23,742,275 71,242,000 47,499,725 33%

SS 146,829,113 456,021,000 309,191,887 32%

NPS 387,770,667 1,322,857,000 935,086,333 29%

NDPP 2,203,440 20,760,000 18,556,560 11%

COMM UNIT 3,416,216 18,876,000 15,459,784 18%

IMU 2,675,152 15,036,000 12,360,848 18%

PCLU (MPTT) 676,641 3,476,000 2,799,359 19%

PCLU 1,917,306 10,126,000 8,208,694 19%

OWP 33,050,317 126,140,000 93,089,683 26%

SOCA 11,089,468 37,876,000 26,786,532 29%

SCCU 25,987,244 104,584,000 78,596,756 25%

DSO 78,860,630 293,090,000 214,229,370 27%

Grand Total 718,218,469 2,480,084,000 1,761,865,531 29%

SS Overall Budget & Exp as at 31 July 2009

SS Service CentreTotal Expenditure as at 31 July 2009 Current Budget Available Budget

% Budget Spend

FIN & PROC 66,699,035 155,061,000 88,361,965 43%

HRM & D 9,639,321 48,552,000 38,912,679 20%

IMSC 42,503,349 105,117,000 62,613,651 40%

OFFICE OF THE CEO 4,935,850 13,725,000 8,789,150 36%

PMO 4,910,235 56,072,000 51,161,765 9%

P & RI 3,247,471 13,609,000 10,361,529 24%

SRM 14,893,852 63,885,000 48,991,148 23%

Grand Total 146,829,113 456,021,000 309,191,887 32%

• 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

Audit Opinion

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.

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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

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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.

42

Thank you

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•

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Speculations: Questions

• Acting?

• Where have the former DSO people gone to?

• Vacancies

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