National Prosecuting Authority on annual performance for financial year 2013/14

The National Prosecuting Authority (NPA) has four strategic objectives which are achieved through its four sub-programmes, namely general and specialised prosecutions, asset forfeiture and witness protection.

Strategic Objective 1: National Prosecutions Service (NPS)

The National Prosecutions Service (NPS) is responsible for the first objective - to achieve increased successful general prosecutions. It exceeded 4 of 5 performance indicators.                                                                                                     

It achieved superior conviction rates at all court levels:

  • 93.6% at the district courts (273 641 cases),
  • 76% at the regional courts (27 246 cases) and
  • 88.8% at the high courts (911 cases).

The NPA records statistics at court level and it is envisaged that with the roll-out of the Electronic Case Management System (ECMS) in the near future, it will be more feasible to report statistics in a more detailed breakdown, per crime type.

Number of criminal cases finalised with verdict: 329 153 cases were finalised, slightly below target. This was due to the reduced criminal court days coupled with the unavailability of role players in all courts at all levels. Another factor was the significant increase in the number of formal bail applications and appeals finalised.

Plea and sentence agreements: 1 323 were successfully concluded, comprising of 7 439 counts. 54% of agreements resulted in direct imprisonment.

Number of organised crime cases finalised: The number increased significantly from the previous year, from 301 to 403, with a conviction rate of 88.9%. This is exceptional, as these cases are extremely complex in nature and also require specialist prosecution skills.

Trio crimes: A total of 1 899 cases comprising of 2 472 counts were finalised with a conviction rate of 84.1%. This is 372 (24.4%) more with 538 (27.8%) more counts compared to the previous year.

Sexual offences conviction rate: the target of 66% was exceeded by 1.1% and 815 more convictions were obtained compared to the previous year. 8 174 cases were finalised.

Cybercrime cases: The NPA improved the prosecution of cybercrime cases by finalising 211 cybercrime cases with a conviction rate of 94.8%. It is reaping results from the focus on developing specialist skills development of prosecutors.

Compensation orders: 1 061 were granted to the value of R73.2m, 109.1% above target due to continuously good performance during the year.

Justice Crime Prevention Safety And Security (JCPS) officials were convicted of corruption – 73 officials were convicted:

  • 48 SAPS
  • 16 Department of Justice & Constitutional Development
  • 4  Department of Home Affairs
  • 2  Department of Defence and Military Veterans
  • 1  NPA
  • 2 others 

Alternative dispute resolution mechanisms (ADRM): More cases (176 189) were finalised than the previous year (143 410 cases). Of these, 98.1% were finalised in the district courts and the remainder in the regional courts. This is an efficient way of addressing crimes that are not serious and the NPA constantly monitors the system to ensure that correct cases are resolved appropriately through ADRM. These mechanisms include diversions and those in terms of the Child Justice Act and informal mediations.

Preparation of state witnesses in sexual offences cases: The NPA’s Ke Bona Lesedi Court Preparation Programme saw an increase in the demand for assistance in sexual offences cases, assisting in 37 357 cases compared to 32 642 in the previous year. The Court Preparation Officers assisted with the preparation of 2 952 victim impact statements in 2013/14.

Strategic Objective 2: Specialised Prosecution Services (SPS)

The SPS is responsible for improved successful prosecution of cases that required specialist prosecution.

The Specialised Commercial Crimes Unit (SCCU) achieved a conviction rate of 95.8% (747 cases) against a target of 94% in complex commercial crimes resolved in the dedicated courts, an improvement of 2.9% compared to the previous year. This achievement is excellent as these are intricate cases that require in-depth investigations and specialised prosecution skills. The SCCU had 1 033 convictions in the regional and high courts compared to 835 convictions achieved in the previous year.

Number of persons convicted of corruption where the amount is involved is more than R5 million: The SCCU faced challenges in achieving the target for the number of persons convicted of corruption where the amount is involved is more than R5m (63% below target). Typically, these cases are complex and take a long time to investigate and finalise.

Thuthuzela Care Centres (TCCs): There are currently 38 operational centres. The conviction rates in the sexual offences cases reported at TCCs improved from 61% in 2012/13 to 65.9% at the end of 2013/14, exceeding the annual target of 64% by 1.9%. The actual number of convictions increased by 13.3% from 1 372 to 1 554.

Four additional sites have been identified for establishment in the financial year 2014/15 at Atlantis (Western Cape), Groblersdal (Limpopo), King Williams Town (Eastern Cape) and Madadeni (KwaZulu-Natal).

Strategic Objective 3: Asset Forfeiture Unit (AFU)

The AFU on ensuring that profit is removed from crime.

It had an excellent year and its performance was, on average, about 20% above the previous highest performance levels in the 4 main indicators that measure volume of work done, namely the number and value of freezing and forfeiture orders.

Freezing orders obtained: 363 orders were obtained, 29% above target and 9% higher than its previous best performance of 333 in 2010/11.

Value of freezing orders: Orders to the value of R701.5 million were obtained, 1.2% below target, but its second best performance ever.

Completed forfeiture cases: 390 cases were completed, 25% above target and 21.1% higher than its previous best performance of 322 in 2010/11.

Value of completed forfeiture cases: Orders to the value of R701.5 million were obtained, 1.2% below target.

Payments to victims of crime: R84.4 million was paid, 76% above the annual target.

Deposited into the Criminal Assets Recovery Account (CARA): R98.5 million  was deposited  exceeding the annual target by 76%.

Success rate: a rate of  94.2% was achieved, exceeding its annual target by 0.2%.

A large part of the improved performance of the AFU can be attributed to an increased focus on high value cases and close working relationship with the Hawks, SIU and the ACTT. Further, many of the cases were done through civil forfeiture, or non-conviction based process in Chapter 6 of POCA.

Strategic Objective 4: Office for Witness Protection (OWP)

The Office for Witness Protection (OWP) is responsible to ensure that threatened witnesses are successfully protected.

No witnesses have been harmed or killed on the Witness Protection Programme for the last 14 years. The OWP played a key role in a number of high profile cases dealt with by the NPA, e.g. the Boeremag and Henry Okah cases.

160 witnesses and 163 related persons joined the programme. Only 12 witnesses (3.7%) walked off the program, and another 51 witnesses signed-off during the year.

The OWP has established itself as a global leader in the sphere of witness protection. The unit received various international requests to provide training, logistical assistance and in the development of Witness Protection Law from African Union member states.

Resourcing

The NPA is proud to have achieved another clean audit for two years in a row, which signifies serious commitment of the organisation to lead in clean governance and compliance to legislative and regulatory prescripts of government.

Enquires:
Bulelwa Makeke
Cell: 084 702 5617        

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