NPS Report to Portfolio Committee

1
NPS Report to Portfolio Committee May 2007

• Presented by
• Deputy National Director
• of Public Prosecutions
• Adv. MJ Mpshe SC

2
Report comprises

• Part 1 Delivery
• Part 2 Customer Management
• Part 3 Resourcing
• Part 4 Challenges
• Part 5 Resolutions

3
Part 1 Delivery

• Objective
• Effective and Efficient Prosecution of Cases
• Deliverable
• Deliver as Speedily as possible

4
Court and Case Flow Management

• The NPA has fully embraced court and case flow
  management (CFM) practices and principles
• A formal training program for Lower Court
  prosecutors has been developed to ensure that CFM
  is practiced uniformly and consistently
  throughout South Africa
• The need to improve the preparation of court work
  by prosecutors has been identified - a general
  project is being launched to embrace these
  efforts with the prime goal of increasing the
  finalization rate of cases.

5
Overview of Performance of all Courts
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PERFORMANCE INDICATORSLower Courts Court Hours
7
PERFORMANCE INDICATORSHigh Courts Court Hours
8
PERFORMANCE INDICATORSLower Courts New Cases
9
PERFORMANCE INDICATORSHigh Courts New Cases
10
PERFORMANCE INDICATORSLower Courts Cases
Removed
11
PERFORMANCE INDICATORSHigh Courts Cases
Removed
12
PERFORMANCE INDICATORSLower Courts
Finalisation Rate
13
PERFORMANCE INDICATORSDistrict Courts
Finalisation Rate
14
PERFORMANCE INDICATORSRegional Courts
Finalisation Rate
15
PERFORMANCE INDICATORSLower Courts Plea
Bargaining
16
PERFORMANCE INDICATORSLower Courts
Finalisation Rate

• Alternative Dispute Resolution (ADR)
• Diversion
• Admission of Guilt

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PERFORMANCE INDICATORSADR Diversions
18
PERFORMANCE INDICATORS ADR Admissions of Guilt
(AG)
19
PERFORMANCE INDICATORSHigh Courts Finalisation
Rate
20
PERFORMANCE INDICATORSHigh Courts Trial
Disposal Rate 2006
BOP  No. of Cases   of Cases
First District Court Appearance 2004 21 39
First District Court Appearance 2005 22 41
First District Court Appearance 2006 4 7
TOTAL 47 (of 54)
CIS    
First District Court Appearance 2004 7 15
First District Court Appearance 2005 31 65
First District Court Appearance 2006 7 13
TOTAL 45 (of 48)  
CPD    
First District Court Appearance 2004 30 48
First District Court Appearance 2005 9 15
First District Court Appearance 2006 1 2
TOTAL 40 (of 62)  
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PERFORMANCE INDICATORSHigh Courts Trial
Disposal Rate 2006
22
PERFORMANCE INDICATORSHigh Courts Minimum
Sentences
23
PERFORMANCE INDICATORSFinalization Rate (FR)

• Factors impacting FR negatively
• Non-uniform application of CFM guidelines
• Vacancies
• Warrants
• Court days
• More accused, more counts per case
• Increase in Economic Crime

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Factors impacting FR negativelyImpact of CFM

• No proper roll planning too few cases scheduled
  per day
• Non- adherence to court hours
• Low productivity on Fridays
• Multiple postponements granted on request of
  legal representative

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Factors impacting FR negativelyReasons for
Postponements
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Factors impacting FR negativelyAlternative
measures

• Plea Bargaining and Diversion processes depend on
  proper negotiations with all parties concerned
• Impact on effective utilization of court hours
• Court hours reflect only actual time spent in
  court.

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Factors impacting FR negativelyVacancies
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Factors impacting FR negativelyWarrants
Ave of 14 605 issued p/m
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Factors impacting FR negativelyCourt Days
30
Factors impacting FR negativelyMore Accused,
more counts per case
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Factors impacting FR negativelyIncreased
Economic Crime
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PERFORMANCE INDICATORSLower Courts Case Cycle
Times
33
PERFORMANCE INDICATORSHigh Courts Case Cycle
Times
34
PERFORMANCE INDICATORSLower Courts Conviction
Rate
35
PERFORMANCE INDICATORSHigh Courts Conviction
Rate
36
PERFORMANCE INDICATORSLower Courts Outstanding
Roll
37
PERFORMANCE INDICATORSDistrict Courts
Outstanding Roll
38
PERFORMANCE INDICATORSRegional Courts
Outstanding Roll
39
PERFORMANCE INDICATORSHigh Courts Outstanding
Roll
40
PERFORMANCE INDICATORSHigh Courts Appeal
Backlogs
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PERFORMANCE INDICATORSRegional Courts Backlog
Project

• Objective
• To reduce court backlogs by 20 in District,
  Regional and High courts with effect from 16
  August 2006 till the end of the financial year
  and to reduce the appeal backlog by 40.
• To ensure the numbers of new matters coming into
  court are balanced by matters concluded.
• To ensure greater court efficiency and
  effectiveness, including alternative methods of
  dealing with demand, across the greater
  Integrated Justice System value chain.

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PERFORMANCE INDICATORSRegional Courts Backlog
Project

• Initial focus placed on 5 (five) Regional courts
  identified as backlog hotspot sites and
  interventions started there on 1 November 2006
• Pietermaritzburg Regional Courts in KZN (76
  Backlog cases)
• Port Elizabeth Regional Courts in Eastern Cape
  (61 Backlog cases)
• Pretoria Regional Courts in Gauteng (58 Backlog
  cases)
• Bellville Cluster in Western Cape (Regional
  Courts of both Bellville (39) and Kuilsriver
  (53) to be dealt with at Kuilsriver)
• Protea Regional Courts in Gauteng (60 Backlog
  cases) However in view of accommodation
  constraints this site dealt with the backlogs
  through only Saturday courts.

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PERFORMANCE INDICATORSRegional Courts Backlog
Project
CASES FINALISED CONVICTION RATE WITHDRAWN TOTAL DISPOSED AVE CRT HOURS
PMB 3 CRTS 39 78 15 54 03h22
PE 3 CRTS 45 76 36 81 04h03
PTA 2 CRTS 34 83 31 65 03h16
PTA N 1 CRTS 16 83 5 21 03h21
BELLVILLE 2 CRTS BLUE DOWNS 50 78 63 113 03h05
PROTEA SAT CRTS 79 71 1 80 05h24
TOTAL 263 78 151 414 04h05
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DEDICATED COURTSDedicated Sexual Offences Courts

• 60 Regional Courts on average per month dedicated
  to sexual offences
• 5240 cases finalised with a 65 conviction rate
  during 06/07
• 5474 cases were finalised with a 66 conviction
  rate during 05/06.
• Results obtained from the audit conducted on all
  outstanding cases in the Regional and High Courts
  during 2006 have shown that 21.7 of all charges
  comprised sexual offences which constituted a
  slight reduction from the 24 during the 2005
  audit.

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DEDICATED COURTSCase Cycle Times
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Part 1 Delivery continued

• Objective
• Contribute to Crime Prevention and Community
  Justice
• Deliverable
• Explore the Role of NPS in Crime Prevention and
  Community Justice

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Community Justice

• Community Courts
• State President announced in 2004 at least two
  Community Courts per province will be established
  
• Defined as Courts that utilise an integrated
  approach to combating crime, improving access to
  justice and promoting community participation.
• 11 Courts with negotiations for further 13
  Community Courts

Total cases finalized Total new cases received Conviction rate With verdict ADR
2006/ 2007 11 408 23 166 94 5 870 5538
2005/ 2006 19 829 36 012 97 15 008 4821
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Community Justice

• Community Prosecutions
• Objectives
• Develop NPA concept of Community Prosecution
• Test if community justice is a viable option and
  to understand the impact of process on
  organization.
• Adopt a problem solving approach to dealing with
  crime and become pro-active in resolving conflict
  by utilizing alternative and varied law
  enforcement mechanisms.
• Clearly define functions profile of Community
  Prosecutor.
• Involve community, law enforcement agencies and
  other partners and stakeholders in crime
  prevention strategies
• Achievements
• Nine pilot sites, one per province
• Guidelines were drafted and signed off
• Ongoing monitoring and evaluation
• Four of the five training workshops took place

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Crime Prevention

• Organised Crime Initiative
• Joint initiative between the NPS, AFU and SAP
• 68 more posts to be created for the appointment
  of dedicated prosecutors
• Memorandum of Understanding between SAPS and NPA
  being drafted.
• Specialist Tax Units
• Created during 2003
• 24 posts exist nationally in the STUs
• 2004/2005 cases finalised and prosecutions led to
  the conviction of 301 accused persons/entities.
• 2005/2006 cases finalised and prosecutions led to
  382 convictions (a 27 increase)

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PROJECT CLEAN-UP As at end of February 2007
DATE No of Staff worked TOTAL HOURS AVE HOURS pp PREPARATIONSCREENING INQUEST ARCHIVES DECISION DOC CONSULTATIONwitnesses DPP Reports Admin Work
11/11/2006 132 85658 0629 181 384 14 2044 13 37 14
18/11/2006 147 94330 0625 477 395 0 2173 12 16 10
25/11/2006 189 121632 0626 710 206 2 2677 6 11 15
02/12/2006 153 86124 0537 299 318 605 1781 2 4 12
09/12/2006 134 89858 0642 577 219 0 1919 1 12 4
16/12/2006 48 27300 0541 70 116 0 586 0 8 3
23/12/2006 3 2300 0740 0 0 0 65 0 0 7
06/01/2007 29 20212 0658 30 27 0 593 0 0 1
13/01/2007 65 44345 0649 28 37 0 1146 3 0 5
20/01/2007 91 60150 0636 22 48 0 2075 8 8 4
PROJECT TOTAL 991 632109 0622 2394 1750 621 15059 45 96 75
TOTAL AVERAGE PER SAT. 99.1 266.0 194.4 207.0 1505.9 6.4 13.7 7.5
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Part 2 Customer Management

• Objective
• Manage Cases Effectively And Efficiently
• Deliverable
• Implement Batho Pele and Build Understanding of
  NPS Processes and Role

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Customer Management

• Court Preparation Programme
• assist victims of crimes and in particular abused
  children
• presently 68 Court Preparation Officials
• work study determined another 72 needed
• Witness Care Centre (Thlokomelo Ya Dipaki)
• Pilot project at Hatfield Community Court in
  partnership with the Tshwane University of
  Technology
• Holistic approach ensures that witnesses
• are kept informed of developments in cases
• are informed of reasons for decisions made
• are assisted in having concerns, fears and needs
  identified and addressed

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Customer Management

• Restorative Justice
• Use of Restorative Justice in the South African
  context
• Establish best practices and
• Extend the use of diversions.
• Regional work sessions commenced in March 2007
• Awaiting Trial Detainees Project
• Objectives
• Reduce the number of Awaiting Trial Detainees
• Develop criteria to filter criminals according to
  severity of crime
• Effective management of children awaiting trial
  and
• Participate at provincial level in A T D
  structures.

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Customer ManagementATDs Longer than 2 years
Region Total number High Court Cases Regional Court Cases District Court Cases Circuit Court Cases
KZN 314 32 205 72 5
Gauteng 640 69 484 86 1
Limpopo, Mpumalanga North West 166 135 17 14
Northern Cape Free State 148 10 114 23 1
Western Cape 385 81 229 75
Eastern Cape 150 32 60 58
TOTAL 1803 224 1227 331 21
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Customer ManagementChildren in custody
Region Total number High Court Cases Regional Court Cases District Court Cases Circuit Court Cases
KZN 276 8 61 206 1
Gauteng 183 3 104 75 1
Limpopo Mpumalanga North West 30 - 13 17 -
Northern Cape Free State 137 1 53 83 -
Western Cape 172 - 7 165 -
Eastern Cape 257 5 15 237 -
TOTAL 1055 17 253 783 2
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Customer ManagementAwaiting Trial Detainees
Project

• Various factors contribute to the length of the
  period detainees are in correctional service
  centres. Cases get remanded for the following
  reasons
• Accused have applied for bail and their cases
  have been remanded for the formal hearing of the
  applications
• Defence lawyers withdraw or their contracts get
  terminated by the accused
• Newly-appointed lawyers want the records of
  part-heard cases typed
• An accused - or one of the accused in a
  multiple-accused matter - is sick, or is not
  brought to court from the correctional centre
• One accused in a multiple-accused matter escapes
  or disappears
• The investigation phase takes a long time,
  especially if DNA analysis is involved
• The defence lawyer for an accused is simply not
  at court.

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Part 3 Resourcing

• Objective
• Develop and Enhance NPS Governance, Delivery and
  Resourcing capability
• Deliverable
• Working towards becoming an Employer of Choice

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Vacancies, Recruitment and Expansion
Posts 2005 2006
District Court Prosecutors C 4 C 5 42 26 15 49
District Court Control 8
Regional Court Prosecutors D 1 D 2 78 27 4
Regional Court Prosecutor Organised Crime 6
Regional Court Control 1
Maintenance Prosecutors 10
Relief Prosecutor 1
Court Preparation Officials 36 38
Supervisor Court Preparation Officials 1 2
Senior Public Prosecutors Organised Crime 10 2
Senior Public Prosecutors General 9 5
Aspirant Prosecutor Programme Tutors 5
Aspirant Prosecutors 50
Senior State Advocates Organised Crime 17 27
Senior State Advocates Specialist Tax Units 27
State Advocate Organised Crime 17
State Advocate Specialist Tax Unit 9
Deputy Director of Public Prosecutions 6
Administrative Support 72
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Part 4 Challenges

• High level of crime especially violent crime
  (all categories) and gender based violence.
• Strategic and Operational alignment with
  priorities of partners key stakeholders (both
  internal as well as external).
• Delays caused by partners, stakeholders and
  service providers.
• Lack of sufficient Legal Aid practitioners.
• Lack of skills and experience amongst
  stakeholders and partners (e.g. investigation).
• Delays caused by minimum sentences process.

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Part 4 Challenges, continued

• Accused absent in court (bail/warnings).
• Lack of confidence in the CJS resulting in
  complainants and witnesses not coming to court.
• Number of young offenders in custody and/or
  awaiting trial.
• The development of new crime types poses
  challenge for the NPS to respond timely e.g.
  trafficking in persons, cyber crime etc.
• The NPS being able to deal with the increased
  demand for services brought about by 2010.
• Restructuring of key partners and stakeholders
  that impact on the NPS.

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Part 5 Resolutions

• Develop, mentor and enhance skills of all NPA
  members without favour to create equal
  opportunities and exposure for all staff.
• Vigorously implement the NPS Annual Plan and the
  Regional Plans of the divisions in line with the
  NPA strategy 2020.
• Fulfil core function Prosecuting and leading by
  example.
• Racism should not be tolerated, and take
  allegations of racism seriously.
• Promote non-racialism in the NPA and ensure all
  employment practices in accordance with the
  Constitution and labour and equality legislation
  of South Africa.
• Unifying services offered by NPA to provide
  recipients of NPA services with consistency and
  quality and ensure good governance in the
  organization.

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Part 5 Resolutions continued

• Find innovative solutions with our communities
  and partners, to make an impact in the war
  against crime
• Marshal our people and resources to ensure that
  we combat crime, efficiently and effectively
• Ensure our efforts reduce incidents of crime
  remains our first priority and
• Ensure continued development of our skills
  knowledge to empower ourselves to deal
  effectively with the prosecution of crime -
  particularly organised crime.
• Commit ourselves to enhance our leadership
  capabilities
• Participate in the self assessment and peer
  assessment program of the NPA
• Identify the gaps in our own leadership
  abilities
• Commit ourselves to grow as leaders and maintain
  the confidence and trust of our staff.

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Questions ?