1. CONTENTS 2 BACKGROUND The NPA finalised the Strategic Plan 2014/19 and Annual Performance Plan (APP) 2014/15 In the main the NPA has remained committed.

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Presentation transcript:

1

CONTENTS 2

BACKGROUND The NPA finalised the Strategic Plan 2014/19 and Annual Performance Plan (APP) 2014/15 In the main the NPA has remained committed to the strategic direction embarked on a few years ago The strategic objectives have been aligned to the budget structure and the structure of the NPA which improves accountability and management of objectives 3

BACKGROUND CONT. The Strategic Plan is still based on the Refined Justice, Crime Prevention and Security (JCPS) Delivery Agreement and the draft Medium Term Strategic Framework (MTSF) and the contribution of the NPA to achieving its objectives and targets The Strategic Plan and APP 2014/15 were aligned to link the strategic objectives to the budget structure. These changes were necessitated by the findings raised by the Auditor General through a review of the NPA strategic plan 2014/19 and APP 2014/15. 4

BACKGROUND CONT. Previously more than one sub-programme was responsible for achieving some of the objectives and targets. This made it difficult to determine responsibility for either success or failure as well the costing of delivering on these objectives and targets The plans contain four strategic objectives, each specifically linked to a sub-programme as reflected in the Estimates of National Expenditure Some of the DNDPPs were assigned new roles and responsibilities 5

NPA Strategic Plan

VISION AND MISSION Vision Vision Justice in our society so that people can live in freedom and security Mission Mission 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 7

CONSTITUTIONAL AND LEGISLATIVE MANDATE The Constitution Section 179 (2) – empowers the NPA to institute criminal proceedings on behalf of the State, and to carry out the necessary functions incidental thereto NPA Act NPA Act In terms of section 20(1) of the NPA Act, the power vests in the prosecuting authority, to— (a)institute and conduct criminal proceedings on behalf of the State (b)carry out any necessary functions incidental to instituting and conducting such criminal proceedings (c) discontinue criminal proceedings 8

LEGISLATIVE MANDATE CONT. CPA The Act contains various provisions relating to the powers, duties and functions of members of the NPA POCA This Act provides measures for the law enforcement agencies and the prosecuting authority to combat organised crime and money laundering Rome Statute The PCLU is mandated to manage and direct the investigation and prosecution of crimes contemplated in the Act Witness Protection Act OWP provides a support service to the CJS by providing protection to threatened or intimidated witnesses, enabling them to testify Criminal Law(Sexual Offences Act) This Act comprehensively and extensively amends all aspects and implementation of the laws relating to sexual offences CJA This Act establishes a child justice system fir children in conflict with the law Prevention and Combating of Corrupt Activities Act This Act provides, for the strengthening of measures to prevent and combat corruption and corrupt activities, for the offence of corruption and offences relating to corrupt activities 9

POLICY MANDATE JCPS Delivery Agreement The agreement requires of the cluster to focus on seven expected outputs which NPA contributes to the following: i)Reduced overall levels of serious crime, in particular, contact and trio crimes ii)A more effective Criminal Justice System iii)Reduced corruption iv)Managed and improve perceptions of crime among the population v)Secure cyber space National Development Plan Vision National Development Plan Vision This Plan identifies the following proposed priority areas relevant to the NPA: i)Strengthen the CJS ii)Build safety using an integrated approach and iii)Build community participation in community safety 10

NPA ORGANISATIONAL STRUCTURE 11

NPA STRATEGIC OBJECTIVES The following are the strategic objectives of the NPA: -Increased successful prosecution -Improved prosecution of cases that require specialised prosecution -Ensure profit is removed from crime -Ensure threatened witnesses are successfully protected 12

NPA Strategic Outcome Oriented Goal Improved prosecution service Goal statement Render a prosecution service that is effective Purpose Provide a coordinated prosecution service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, removes the profit from crime and protects certain witnesses NPA STRATEGIC OVERVIEW 13

STRATEGIC OBJECTIVE 1 Sub-programme 1 National Prosecutions Services (NPS) NPA Strategic Objective 1 Increased successful prosecution Objective Statement To increase the number of criminal court cases finalised including ADRM to by 2018/19 Baseline Number of criminal court cases finalised including ADRM 2012/13: Actual Performance Justification This objective will contribute to the effectiveness of the CJS Links This objective will contribute to achieving the JCPS output 1, 2, 3, 4, and 7 14

STRATEGIC OBJECTIVE 2 Sub-programme 2 National Specialised Prosecutions Services (NSPS) NPA Strategic Objective 2 Improved prosecution of cases that require specialised prosecution Objective Statement To increase the conviction rate of complex commercial crime cases: to 93% by 2018/19 To expand the number of TCCs to 65 by 2018/19 Baseline Conviction rate 2012/13: Actual Performance 92.9% Number of operational TCCs 2012/13: Actual Performance 35 Justification This objective will contribute to the effectiveness of the CJS Links This objective will contribute to achieving the JCPS output 1, 3, 4, and 7 15

STRATEGIC OBJECTIVE 3 Sub-programme 3 Asset Forfeiture Unit (AFU) NPA Strategic Objective 3 Ensure that the profit is removed from crime Objective Statement To increase the number of completed forfeiture cases to 379 by 2018/19 To increase the value of freezing orders to R1billion by 2018/19 Baseline Number of completed forfeiture cases 2012/13: Actual Performance 302 Value of freezing orders (Rm) 2012/13: Actual Performance R518m Justification This objective will contribute to the effectiveness of the CJS Links This objective will contribute to achieving the JCPS output 1, 2, 3, 4, and 7 16

STRATEGIC OBJECTIVE 4 Sub-programme 4 Office of Witness Protection (OWP) NPA Strategic Objective 4 Ensure threatened witnesses are successfully protected Objective Statement To ensure that no witnesses are harmed, threatened or killed whilst on the witness protection programme Baseline Number of witnesses harmed or threatened 2012/13: Actual Performance 0 Justification This objective will contribute to the effectiveness of the CJS and Judicial proceedings Links This objective will contribute to achieving the JCPS output 1, 2, 3, 4, and 7 17

RISK MANAGEMENT The NPA identified the following top five risk: –Emerging crime trends –Resource capacity –Stakeholder management –Information and knowledge management –Public perception and reputation of NPA Mitigation plans will be developed and implementation monitored 18

NPA ANNUAL PERFORMANCE PLAN 2014/15 19

NPA STRATEGIC OBJECTIVE 1 ANNUAL TARGETS NPA Strategic Objective 1: Increased successful prosecution Sub-programme 1: National Prosecuting Service (NPS) Performance indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/132013/142014/152015/ /17 Number of criminal court cases finalised including ADRM

PROGRAMME PERFORMANCE INDICATORS AND TARGETS NPA Strategic Objective 1: Increased successful prosecution StrategyDeliver a speedy, quality prosecution within the prescripts of the law Performance Indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/ /142014/ / /17 Number of criminal court cases finalised with verdict Number of criminal court cases finalised through ADRM Conviction rate in high courts 87.8% (954) 84.6% (963) 87.5% (1 045) 87% (957) 87% (979) 87% (989) 87% (999) Conviction rate in regional courts 73% (27 385) 74.3% (28 665) 75.1% (28 198) 74% (27 064) 74% (27 372) 74% (27 646) 74% (27 923) 21

PROGRAMME PERFORMANCE INDICATORS AND TARGETS NPA Strategic Objective 1: Increased successful prosecution StrategyDeliver a speedy, quality prosecution within the prescripts of the law Performance Indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/132013/142014/152015/ /17 Conviction rate in district courts 91% ( ) 90.8% ( ) 91.9% ( ) 87% ( ) 87% ( ) 88% ( ) 88% ( ) Conviction rate in organised crime 85% (17) 89.1% (171) 90.7% (273) 90% (400) 90% (420) 90% (430) 90% (440) Conviction rate in Sexual Offences 45% % % % % % % Conviction rate in trio crimes 85.6% (535) 84.8% (1 525) 83.4% (1 273) 85% (1 548) 85% (1 563) 85% (1 579) 85% (1 594) 22

NPA STRATEGIC OBJECTIVE 2 ANNUAL TARGETS NPA Strategic Objective 2: Improved prosecution of cases that require specialised prosecution Sub-programme 2: National Specialised Prosecutions Service Performance Indicator Audited/Actual Performance Estimated Performance Medium term targets 2010/112011/122012/132013/142014/152015/162016/17 Conviction rate in complex commercial crime 92.5% (742) 91.6% (754) 92.9% (639) 93% (796) 93% (919) 93% (928) 93% (937) Number of operational TCCs

PROGRAMME PERFORMANCE INDICATORS AND TARGETS NPA Strategic Objective 2: Improved prosecution of cases that require specialised prosecution StrategyIncrease successful prosecution of complex matters Performance Indicator Audited/Actual Performance Estimated Performance Medium term targets 2010/112011/122012/132013/142014/152015/162016/17 Number of persons convicted of corruption where the amount involved is more than R5m (100) 20 (20) 20 (40) 30 (70) Number of JCPS officials convicted for offences related to corruption Conviction rate in cybercrime prosecutions n/a 87.5% (189) 97.8% (133) 74% (177) 74% (189) 74% (191) 74% (193) % of cases reported at a TCC that is referred to court for prosecution 25% 57.4% (2 401) 48.7% (7 708) 50% (7 785) 51% (7 863) 52% (7 942) 53% (8 021) 24

NPA STRATEGIC OBJECTIVES 3 ANNUAL TARGETS NPA Strategic Objective 3: Ensure that profit is removed from crime Sub-programme 3: Asset Forfeiture Unit (AFU) Performance Indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/132013/142014/152015/162016/17 Number of completed forfeiture cases Value of freezing orders (Rm) R549.2mR553.4mR518mR710mR755mR805mR860m 25

PROGRAMME PERFORMANCE INDICATORS AND TARGETS NPA Strategic Objective 3: Ensure that the profit is removed from crime StrategyIncrease the impact of Asset Forfeiture Performance Indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/132013/142014/152015/162016/17 Number of freezing orders Value of completed forfeiture cases R211.6mR163.6mR119mR170mR180mR192mR205m Number of completed forfeiture cases re JCPS prosecutions for corrupt activities

PROGRAMME PERFORMANCE INDICATORS AND TARGETS NPA Strategic Objective 3: Ensure that the profit is removed from crime StrategyIncrease the impact of Asset Forfeiture Performance Indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/132013/142014/152015/162016/17 Value of freezing orders relating to corruption where the amount involved is more than R5 million R288m (R507m) R144m (R651m) R350m (R1b) R350m (R1.3b) R500m (R500m) R550m (R1.05b) R600m (R1.65b) Value of payments to victims in terms of court orders obtained in terms of POCA R55mR93.8mR28.6mR56mR65mR70mR75m Success Rate 95.7% (314) 96.1% (295) 94.1% (289) 94% (312) 93% (301) 93% (313) 93% (326) 27

NPA STRATEGIC OBJECTIVES 4 ANNUAL TARGETS NPA Strategic Objective 4: Ensure threatened witnesses are successfully protected Sub-programme 4: Office of Witness Protection Performance Indicator Audited/Actual Performance Estimated Performance Medium Term Targets 2010/112011/122012/132013/142014/152015/ /17 Number of witnesses harmed or threatened or killed whilst on the witness protection programme

PROGRAMME PERFORMANCE INDICATORS AND TARGETS NPA Strategic Objective 4:Ensure threatened witnesses are successfully protected StrategyImprove witness protection service Performance Indicator Audited/Actual Performance Estimated Performanc e Medium Term Targets 2010/112011/122012/132013/142014/152015/ /17 % of witnesses that walked off the witness protection programme 5%1.8%2.5%1.8%1.5% 29

AMENDMENTS TO PERFORMANCE INDICATORS The performance indicator the “number of backlogs cases” was removed from the NPA APP as this indicator is the responsibility of the court services of the DoJ&CD in line with the ENE The performance indicator for the conviction rate in the prosecution of sexual offences reported at TCCS was removed from the NPA APP to the SOCA annual plan as the various conviction rates for sexual offences in the previous plan was a duplication 30

STRATEGIC OBJETIVE 1: REASONS FOR REVIEW OF INDICATORS -The indicator for value of compensation orders obtained was not a SMART indicator as it did not measure the service for victims of crime rendered -“Percentage of cases reported at a TCC that is referred to court for prosecution” was brought back into the NPA APP because it reflects the value of SOCA unit in assisting the NPS in dealing with the investigations for prosecution of sexual offences in relation to their mandate. 31

BUDGET AND EXPENDITURE 32

Issues affecting budget NPA is a programme in the Justice vote NPA is not a separate entity / constitutional institution / department NPA has no direct access to National Treasury (NT) NPA has prepared separate financial statements since 2001/2002 through special permission. NT has indicated that this will be the last year and the issue of the status of the NPA needs to be resolved 33

Capacity to spend budget 2010/11 financial year: 99.5% spent –Surrendered R13, 262 million 2011/12 financial year: 99.8% spent –Surrendered R6, 249 million 2012/13 financial year: 100% –Surrendered 12c 2013/14 financial year: 100% –Surrendered R

NPA Overall Budget & Expenditure as at the 31st of March 2014 (UNAUDITED) Economic Classification Total Expenditure AENE Budget Available % Spent Compensation of Employees 2,431,496,1952,471,253,00039,756, % Departmental Agencies & Accounts 2,420,7387,446,0005,025, % Goods and Services 566,756,111512,805,000-53,951, % Machinery and Equipment 43,310,15750,156,0006,845, % Payments for Financial Assets 4,253,063216,000-4,037, % Buildings & Other Fix Structures 11,189,36918,934,0007,744, % Households 8,738,3637,354,000-1,384, % Grand Total 3,068,163,9963,068,164, % 35

Audit Outcomes 2007/08 – Disclaimer of opinion 2008/09 – Qualified opinion 2009/10 – Qualified opinion 2010/11 – No audit qualification – emphasis of matter 2011/12 – No audit qualification – emphasis of matter 2012/13 – Clean audit  Compliance in Government is becoming labour intensive and costly  Without sufficient funding there is a high probability that it will have an negative impact on audit findings 36

MTEF BUDGET ALLOCATION 2014/15 – 2016/17 37

R thousand 2011/122012/132013/142014/152015/162016/17 Audited Outcomes Adjusted Appropriation Medium-term estimates Administration 1,441,7341,475,6001,896,1301,853,5321,944,2892,140,070 Court Services 4,620,0435,392,7195,304,5006,060,4876,332,6586,942,231 State Legal Services 697,704794,501876, ,9501,004,7961,069,725 National Prosecuting Authority 2,615,4152,839,8243,068,1643,252,8723,377,6393,592,161 Auxiliary and Associated Services 2,095,4972,408,5862,711,0243,070,0303,255,4283,419,567 Total 11,470,39312,911,23013,856,43415,161,87115,914,81017,163,754 Overall DoJ&CD Budget growth over the Medium Term 38

R thousand 2011/122012/132013/142014/152015/162016/17 Audited Outcomes Adjusted Appropriation Medium-term estimates Administration 9.16% 2.35%28.50%-2.25%4.90%10.07% Court Services 7.82% 16.72%-1.64%14.25%4.49%9.63% State Legal Services 4.00% 13.87%10.34%5.51%8.63%6.46% National Prosecuting Authority 4.81% 8.58%8.04%6.02%3.84%6.35% Auxiliary and Associated Services 15.45% 14.94%12.56%13.24%6.04%5.04% Total 8.35%12.57% 7.32%9.42%4.97%7.85% Overall DoJ&CD Percentage Budget growth over the Medium Term 39

R thousand 2010/112011/122012/132013/142014/152015/162016/17 Audited Outcomes Adjusted Appropriation Medium-term estimates National Prosecutions Service 1,622,9041,722,710 1,920,0562,015,0612,152,6412,262,4902,394,232 Nat. Specialised Prosecutions Services 207, , ,384289,405307,647320,515341,755 Asset Forfeiture Unit 127,977132, ,655122,958121,647125,538133,702 Office fir Witness Protection 156,956104, ,282151,069161,397161,364171,619 Support Services 380,388426, ,447489,671509,540507,732550,853 TOTAL 2,495,2722,615,415 2,839,8243,068,1643,252,8723,377,6393,592,161 Budget allocation for the NPA per sub programme over the MTEF period (R’000) 40

Budget allocation for the NPA per economic classification over the MTEF period (R’000) R thousand 2010/112011/122012/132013/142014/152015/162016/17 Audited Outcomes Adjusted Appropriation Medium-term estimates Compensation of employees 1,952,2222,100,960 2,310,8372,471,2532,634,6642,780,8572,940,864 Goods and services465,388457, ,279512,805529,885507,279535,809 Payment for Capital Assets 56,05140,527 68,54869,09072,78574,33299,358 Other21,61116,658 10,16015,01615,53815,17116,130 TOTAL2,495,2722,615,415 2,839,8243,068,1643,252,8723,377,6393,592,161 41

NPA Percentage Budget growth over the Medium Term Budget Allocations (R’000) R thousand 2013/14 Medium-term estimates 2014/152015/162016/17 Adjusted Appropriation R' 000 % Increase R' 000 % Increase R' 000 % Increase Compensation of employees 2,471,2532,634, %2,780, %2,940, % Goods and services 512,805529, %507, %535, % Payment for Capital Assets 69,09072, %74, % 99, % Other 15,01615, %15, %16, % TOTAL 3,068,1643,252, %3,377, %3,592, % 42

Compensation of Employees, Goods & Service and Other Ratio over MTEF period Economic Classification 2010/112011/122012/132013/142014/152015/162016/17 Audited Outcomes Adjusted Appropriation Medium-term estimates Compensation of employees 78%80%81% 82% Goods and services 19%17%16%17%16%15% Payment for Capital Assets 2% 3% Other 1% 0% TOTAL 100% 43

NPS Service Delivery Performance Overview Indicator2008/092009/102010/112011/122012/13 Change over prev yr Change over period Courts in Session Annual total ,77320,08020, %4.3% Establishment End of March 2,2402,3952,5732,7052, %16.4% Prosecutors LC1,9442,0212,1092,2002, %12.7% Advocates HC %41.2% PP Per court rate %11.6% Lower Courts %8.4% High Courts %24.8% 44

Alternative funding - CARA New CARA bid amounting to R45m for curators submitted during March 2013 – not yet approved. CARA funds received only for specific projects: Date of Cabinet approval Project Name Funds received Prelim Expenditure as at 31 March 2014 Balance 11 October 2006Roll out of SCCU3,148,0001,535,4601,612, October 2006AFU6,152,0004,028,0312,123, October 2006SOCA - TCC1,500,0001,299,168200,832 7 September 2011 ACTT Human Resource Development Project 9,000,000396,8688,603,132 7 September 2011AFU Curators20,000,00019,958,54641,454 7 September 2011AFU ACTT Curators 20,000,00017,224,1792,775,821 Total 59,800,00044,442,25315,357,747 45

Alternative funding: IJS Funding Funding received through IJS during 2013/14 for: Integrated Case Management: ECMS Departmental BI and MIS: ECMS reporting (OMS) Departmental Integration Solutions Departmental Infrastructure: DRP, Storage and Hardware Capacity: Program Management and support Budget Allocated R’000 Expenditure as at 31 st of March 2014 – DOJ BAS R’000 Variance R’000 86,65073,19813,452 46

Alternative funding: IJS Funding New IJS budget allocation for the outer years Budget Allocated R’ /152015/162016/17 NPA (IJS Allocation and Additional request from CJS Revamp) 98,95086,55073,605 47

Unfunded budget priorities NPA head office building lease expires in 2017 Leased DPP office buildings (Cape Town, Port Elizabeth, Durban, Pretoria, Bloemfontein, Grahamstown, Mmabatho, Kimberley, Mthatha) Want to move from leased to State owned office accommodation 48

Thank you 49