1. Assessing the National Prosecuting Authority (NPA) Complexities and Possibilities Tuesday 20 Nov. 2012 ADV N JIBA Acting National Director of Public Prosecutions 1

2. General Prosecution Performance 2

3. Vision & Mission Statement 3 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

4. JCPS Delivery Agreement NPA Annual / Strategic Plan Estimates of National Expenditure Regional Annual Plan 4 Source Documents

5. NPA Strategic Outcome Oriented Goal: To provide effective prosecution and related services Goal Statement To ensure that all matters are dealt with speedily and effectively Purpose Provide a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, remove the profit from crime, and protect certain witnesses 5 NPA Strategic Overview

6. Government Performance Management Framework The South African government to performance measurement shifted from Output Based to Outcomes Based Outcome for the JCPS is that “People Must Be and Feel Safer” 6

7. NPA ENE Indicators 7 Indicator PastCurrent 2009/102010/112011/122012/13 Number of court cases finalised - through alternative dispute resolution mechanisms 118 631129 846133 482 137 219 Number of criminal court cases with verdict 350 910331 045337 666 344 419 Conviction rate: per year - high courts - regional courts - district courts 88% (1 083) 74% (28 578) 91% (281 290) 87.8% (921) 73% (27 385) 91% (265 348) 87% (939) 74% (27 933) 87% (270 655) 87% (958) 74% (28 491) 87% (276 068) The NPA performance in respect of the ENE indicators is set out in the table below:

8. Conviction rates are:  A percentage of cases finalised with a guilty verdict (including Sec 57 of the CPA) divided by the number of cases finalised (i.e. excluding ADRM). Conviction rate is measured at the date of sentencing or verdict of not-guilty irrespective of the date when the plea was first entered. Only verdict cases are considered when conviction rate is calculated. Convictions in the mere sense are judgments by a court of law that a person is guilty as charged. Regarded as a quality indicator for NPA to indicate the number of trial cases in which a conviction was achieved. NPA has since inception of the current measuring system maintained a uniform approach to conviction rates. The achievements for all criminal courts are indicated below: 8 Performance Indicator Audited/Actual Performance Target 2012/13 Midterm Actual 2008/092009/102010/112011/12 Overall conviction rate 86.3%88.6%88.3%88.8%88.0%89.3% 269 173310 951293 673280 658306 288151 345

9. Conviction rates are not:  Successful prosecutions in relation to the number of crimes reported to the police. Successful prosecutions relates also to matters finalised through ADRM, matters dealt with ito CJA, decision dockets finalised without enrollment in a criminal court and admission of guilt payments. The core mandate of prosecutions is not to seek convictions at all cost but to ensure justice is done. SAPS measures CHARGES as reported crime and NPA measures CASES after enrollment which include multiple CHARGES. The comparison below extracted from the case audit conducted in Regional and High courts indicate the difference clearly: 9

10. CONVICTION RATES: 2006/072007/082008/092009/102010/112011/12GROWTH CONVICTION RATE 85.7%87.2%87.8%88.6%88.7%88.8%3.1% District Courts 87.4%87.6%88.1%90.5%90.7%90.8% 3.4% Regional Courts 72.3%72.5%73.7%73.6%73.4%74.3% 2.0% High Courts83.4%90.6%86.3%87.7%87.8%84.6% 1.2% 10

11. Cases Finalised / Disposed Cases finalised with ADRM include: –Cases finalised through ADRM (Diversion, Informal Mediation); –Cases finalised with verdict (Sec 57A Admission of guilt, Convictions and Acquittals)  Cases are finalised and prosecution cannot be reinstituted Cases disposed include: –Cases finalised and cases removed from the roll –Cases removed from the roll include: Withdrawals, Warrants issued, External Transfers, Mental Referrals; and Struck off roll  Cases are not finalised when removed from the roll and prosecution can be reinstituted 11

12. Finalisation of cases 12 Performance Indicator Audited/Actual Performance Target 2012/13 Midterm Actual 2008/092009/102010/112011/12 Number of criminal court cases finalised including ADRM 431 640469 541460 891448 791481 638239 994

13. Additional work done: In order to better reflect the efforts of the NPA it is necessary to include a wider range of matters finalised in addition to the cases finalised through ADR and verdict cases. Criminal matters finalised in the reporting period include: –Decision dockets which resulted in a decision not to prosecute (Nolle Prosequi), –Matters where admission of guilt was determined by the prosecutor and it was paid (did not result in a court case); –Cases finalised through ADR (informal mediation, diversions etc), –Cases finalised through verdict and appeals finalised in the High courts. 13

14. Performance Overview of Public Prosecutions 14 New CasesCases RemovedTotal FinalisedFinalised VerdictADRM 2010/11 962 317535 429460 891331 045129 846 2011/12 897 842488 564448 793316 098132 695

15. 2011/12INPUTOUTPUT: CASES DISPOSED FORUMNEW CASES CASES FINALISED CASES REMOVED FROM THE ROLL ADRM (incl. CJA) VERDICT CONVICTION RATE WITHDRAWN/ WARRANTS/ TRANSFERS/ STRUCK OFF ROLL/ MENTAL OBSERVATIONS HIGH COURTS 944 01 13884.6%137 REGIONAL COURTS 76 2101 80838 60074.3%44 111 DISTRICT COURTS 820 688130 887276 36090.8%444 316 15 Performance Overview of Public Prosecutions 15

16. 16 Cases removed from the roll: 2011/12 FORUM2010/11% of National2011/12% of NationalProgress HIGH COURT 1750.03%1370.03%-21.71% REGIONAL COURT 46 5508.69%44 1119.03%-5.24% DISTRICT COURT 488 70491.27%444 31690.94%-9.08% ALL 535 429100.00%488 564100.00%-8.75% 16 Financial Year WithdrawalsWarrant IssuedExternal TransfersMental ReferralsStruck off RollTotal 2010/11 224 983167 87849 039114292 387535 429 % 42.0%31.4%9.2%0.2%17.3%100% 2011/12 197 605147 91946 351165195 038488 564 % 40.4%30.3%9.5%0.3%19.5%100% Progress -1.6%-1.1%0.3%0.1%2.2%

17. Plea Agreements  Sec 105A Plea and Sentence Agreements are measured on the number of agreements and counts involved. 17 2009/102010/112011/12Apr – Sep 2012/13 Agreements 990538659662 Counts 3 6732 0346 8824 031 Counts per Agreement 3.73.810.46.1

18. Workload analysis: Lower Courts 6.9% (70 630) increase in formal bail applications during FY 2011/12 compared to the 66 046 applications dealt with during 2010/11. Valuable court time is spent on bail applications, which could have been used for trial-ready matters. 18 INPUT INPUT: PREVIOUS OS ROLL/ NEW CASES/ DECISION DOCKETS RECEIVED FORUM CURRENT STAFF COMPONENT CASES / DOCKETS PER PP CASES/DOCKETS PER PP P/M CASES/DOCKETS PER PP P/D Lower Courts 2 214989 105446.8148.98.3 OUTPUT OUTPUT: CASES FINALISED / DECISION DOCKETS DEALT WITH - MIDTERM 2012.13 FORUM CURRENT STAFF COMPONENT CASES / DOCKETS CASES/DOCKETS PER PP CASES/DOCKETS PER PP P/M CASES/DOCKETS PER PP P/D Lower Courts 2 214503 125227.275.74.2

19. Workload analysis: The following is disregarded by ISS: Work done outside the court – decision dockets etc Complexity of a case – organised crime Multiple dockets per case and multiple charges and accused per case 19 Year200420052006200720082010 Cases42 15943 91843 11242 14546 37344 745 Counts87 684140 210112 114160 727362 332220 705 Counts per case 2.13.22.63.87.84.9 Accused62 80466 51965 84065 71774 76073 845 Acc. per case1.5 1.6 1.7

20. NPA Data on Input and Output 20 2002/032003/042004/052005/062006/072007/082008/092009/102010/112011/12growth New cases in court 1 117 8791 117 4881 084 1371 069 7241 062 4971 037 3091 058 2101 044 346962 317 897 842-19.68% Cases disposed 956 5091 182 1631 130 0061 168 9361 101 3951 043 3731 070 4351 065 292996 320 937 357-2.00% Cases removed from the roll 534 171767 675730 040757 519722 361655 029638 795595 751535 429 488 564-8.54% Finalised cases 422 338414 488399 966411 417379 034388 344431 640469 541460 891 448 7936.26% Cases remaining in the system 188 691185 423206 005198 990206 508232 518234 606230 477218 660 200 5326.28% Clearance rate -14.4%5.8%4.2%9.3%3.7%0.6%1.2%2.0%3.5% 4.4%18.8% Success rate 44.2%35.1%35.4%35.2%34.4%37.2%40.3%44.1%46.3% 47.9%3.68%

21. NPA Data on Cases Finalised 21 2002/032003/042004/052005/062006/072007/082008/092009/102010/112011/12growth Finalised cases 422 338414 488399 966411 417379 034388 344431 640469 541460 891448 793 6.3% Verdict cases 407 530396 536381 020373 995334 551326 506349 883350 910331 045316 098 -22.4% Convictions 332 056330 146322 147322 687286 861284 620307 089310 951293 673280 658 -15.5% ADRM 14 80817 95218 94637 42244 48361 83881 757118 631129 846132 695 796.1% Conviction rate 81.5%83.3%84.5%86.3%85.7%87.2%87.8%88.6%88.7%88.8% 7.3%

22. NPA Data on Court Utilisation 22 2002/0303/042004/052005/062006/072007/082008/092009/102010/11 2011/12 Estimate growth Ave Hours 04:0904:0804:0704:0603:5803:3903:5003:4603:3403:30-00:39 Total Court Days 251 739243 687238 347240 133239 566246 508255 587256 821265 269267 7506.4% Total Courts in Session 18 72418 74418 85818 80118 77819 16819 45919 77320 08020 2518.2%

23. Performance Overview  Compared to the previous year:  High conviction rates maintained in all courts: overall conviction rate was 88.8%  Increase in number of cases finalised through ADRM by 2.2%, from 129 846 in 2010/11 to 132 695 in 2011/12  All courts maintained a positive clearance ratio – disposing of more cases than enrolled  12.2% reduction in number of cases withdrawn 23

24. Performance Overview (Cont.)  The courts on the Backlog Court Project finalised 15 886 backlog cases which contributed to the reduction in backlog of cases – at the end of the year the backlog was 34 926, 5.7% less than the 37 034 in 2010/11  6.4% more dockets were received for decision. 650 677 dockets were dealt with which is a 5.4% increase  6.9% (70 630) increase in formal bail applications compared to the 66 046 applications dealt with during 2010/11 24

25. 25 Thank you!