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NATIONAL PROSECUTING AUTHORITY of SOUTH AFRICA Annual Report 2013/2014

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NATIONAL PROSECUTING AUTHORITY of SOUTH AFRICA Annual Report 2013/2014 NATIONAL PROSECUTING AUTHORITY OF SOUTH AFRICA Annual Report 2013/2014 Vote 24 Department of Justice and Constitutional Development NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 1 TABLE OF CONTENTS PART A: GENERAL INFORMATION 5 NATIONAL PROSECUTING AUTHORITY’S (NPA) GENERAL INFORMATION 6 LIST OF ABBREVIATIONS /ACRONYMS 7 FOREWORD BY THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS 9 REPORT OF THE ACCOUNTING OFFICER 12 STATEMENT OF RESPONSIBILITY AND CONFIRMATION OF THE ACCURACY OF THE ANNUAL REPORT 19 STRATEGIC OVERVIEW 20 VISION 20 MISSION 20 LEGISLATIVE AND OTHER MANDATES 20 ORGANISATIONAL STRUCTURE 26 ENTITIES REPORTING TO THE MINISTER 27 PART B: PERFORMANCE INFORMATION 28 AUDITOR GENERAL’S REPORT: PREDETERMINED OBJECTIVES 29 OVERVIEW OF DEPARTMENTAL PERFORMANCE 29 STRATEGIC OUTCOMES ORIENTED GOALS 29 PERFORMANCE AGAINST ENE TARGETS 38 NPA STRATEGIC OBJECTIVE 1: INCREASED SUCCESSFUL PROSECUTION 42 SUB-PROGRAMME 1: NATIONAL PROSECUTIONS SERVICE 45 NPA STRATEGIC OBJECTIVE 1: INCREASED SUCCESSFUL PROSECUTION 45 NPA STRATEGIC OBJECTIVE 2: IMPROVED SUCCESSFUL PROSECUTION OF CASES THAT REQUIRE SPECIALISED PROSECUTION 67 SUB-PROGRAMME 2: SPECIALISED PROSECUTIONS SERVICE 67 THIS SUB-PROGRAMME CONSISTS OF THE FOLLOWING BUSINESS UNITS WHICH WILL BE DISCUSSED BELOW: 67 • SPECIALISED COMMERCIAL CRIMES UNIT (SCCU) 67 • PRIORITY CRIMES LITIGATION UNIT (PCLU) 67 • SEXUAL OFFENCES AND COMMUNITY AFFAIRS (SOCA) UNIT 67 NPA STRATEGIC OBJECTIVE 3: ENSURE THAT PROFIT IS REMOVED FROM CRIME 83 SUB-PROGRAMME 3: ASSET FORFEITURE UNIT 83 NPA STRATEGIC OBJECTIVE 4: ENSURE THREATENED WITNESSES ARE SUCCESSFULLY PROTECTED 90 SUB-PROGRAMME 4: OFFICE FOR WITNESS PROTECTION 90 NPA STRATEGIC OBJECTIVE 4: ENSURE THREATENED WITNESSES ARE SUCCESSFULLY PROTECTED 93 SUB-PROGRAMME 5: SUPPORT SERVICES 93 2 PART C: GOVERNANCE 112 PART D: HUMAN RESOURCE MANAGEMENT 122 STATUS OF HUMAN RESOURCES 122 PART E: FINANCIAL INFORMATION 158 TABLE OF FIGURES Figure 1: Organisational structure of the NPA 31 Figure 2: Annual comparison of progress overview of high courts: 2012/13 — 2013/14 53 Figure 3: Annual comparison of progress overview of regional courts: 2012/13 — 2013/14 55 Figure 4: Annual comparison of progress overview of district courts: 2012/13 — 2013/14 57 TABLE OF TABLES Table 1: Departmental Receipts for 2013/14 15 Table 2: Programme Expenditure for the NPA for 2013/14 15 Table 3: Gifts and donations received from non-related parties in 2013/14 17 Table 4: Main services and standards 32 Table 5: Batho Pele arrangements with beneficiaries (Consultation access etc.) 33 Table 6: Service delivery information tool 34 Table 7: Complaints mechanism 35 Table 8: Progress on ENE indicators 42 Table 9: Comparison of cases finalised including ADRM: 2009/10 — 2013/14 45 Table 10: Outstanding and backlog cases: 2012/13 — 2013/14 46 Table 11: Progress on NPA Strategic Objective 1: Increased successful prosecution 47 Table 12: Annual comparison of cases finalised including ADRM: 2012/13 — 2013/14 48 Table 13: Annual comparison of new cases enrolled: 2012/13 — 2013/14 48 Table 14: Annual comparison of court utilisation: 2012/13 — 2013/14 48 Table 15: Analysis of cases removed from the court roll: 2012/13 — 2013/14 49 Table 16: Progress on programme performance indicators for increased successful prosecution: 2012/13 — 2013/14 49 Table 17: Annual comparison of progress on criminal court cases finalised with verdict: 2012/13 – 2013/14 51 Table 18: Annual comparison of cases finalised through ADRM: 2012/13 – 2013/14 51 Table 19: Annual comparison of ADRM: 2012/13 – 2013/14 51 Table 20: Comparision of Age Groups 52 Table 21: Breakdown of the manner in which children in conflict with the law were dealt with 52 Table 22: Annual comparison of withdrawals per forum: 2012/13 – 2013/14 56 Table 23: Annual comparison of Trio Crimes (finalised): 2012/13 — 2013/14 61 Table 24: Annual comparison of sexual offences cases (finalised): 2012/13 – 2013/14 62 NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 3 Table 25: Annual comparison of cybercrime cases finalised - NPA: 2012/13 – 2013/14 63 Table 26: Annual comparison of cybercrime cases finalised - NPS: 2012/13 – 2013/14 64 Table 27: Annual comparison of value of compensation orders obtained: 2012/13 – 2013/14 65 Table 28: Progress on Strategic Objective 2: Improved prosecution of cases that require specialised prosecutions (SPS): 2012/13 — 2013/14 68 Table 29: Progress on programme performance indicators for improved prosecution of cases that require specialised prosecution (SPS) 70 Table 30: Annual comparison of cybercrime cases finalised - SCCU: 2012/13 – 2013/14 72 Table 31: Progress on Strategic Objective 3: Ensure that profit is removed from crime 83 Table 32: Progress on programme performance indicators to ensure that profit is removed from crime 85 Table 33: Progress on Strategic Objective 4: Ensure threatened witnesses are successfully protected 90 Table 34: Progress on programme performance indicators to ensure threatened witnesses are successfully protected 90 Table 35: Strategic objectives annual targets for 2013/14 101 Table 36: Programme performance indicator and annual targets 2013/14 101 Table 37: Departmental expenditure per sub-programme 107 Table 38: Collection of departmental revenue in the NPA 107 Table 39: Departmental expenditure 108 Table 40: Summary of donor funding received 109 Table 41: Top NPA risks and mitigation plans 113 Table 42: Unresolved SCOPA resolutions 116 4 Part A General Information Part A: General Information National Prosecuting Authority’s (NPA) General Information Full name of institution: National Prosecuting Authority of South Africa Physical address of head office: Victoria & Griffiths Mxenge Building 123 Westlake Avenue Silverton Pretoria Postal address of head office Private Bag X752 Pretoria 0001 Contact telephone numbers 012 845 6000 Email address [email protected] Website address http://www.npa.gov.za 6 List of Abbreviations /Acronyms ACTT Anti-Corruption Task Team ADRM Alternative Dispute Resolution Mechanism AENE Adjusted Estimates of National Expenditure AFU Asset Forfeiture Unit ANC African National Congress APA African Prosecutors Association APP Annual Performance Plan CARA Criminal Assets Recovery Account CEO Chief Executive Officer CJA Child Justice Act CJS Criminal Justice System CPO Court Preparation Officer DCS Department of Correctional Services DEA Department of Environmental Affairs DHA Department of Home Affairs DDPP Deputy Director of Public Prosecutions DNDPP Deputy National Director of Public Prosecutions DoD Department of Defence DoH Department of Health DoJ&CD Department of Justice and Constitutional Development DPCI Directorate for Priority Crime Investigation DPP Director of Public Prosecutions DSD Department of Social Development ECMS Electronic Case Management System EE Employment Equity ENE Estimates of National Expenditure IAP International Association of Prosecutors ICT Information Communications Technology IJS Integrated Justice System IPID Independent Police Investigative Directorate IT Information Technology JCPS Justice, Crime Prevention and Security LAD Legal Affairs Division NEEC National Efficiency Enhancement Committee MLA Mutual Legal Assistance MOU Memorandum of Understanding NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 7 MPTT Missing Persons Task Team MTEF Medium Term Expenditure Framework MTSF Medium Term Strategic Framework NCA National Crime Agency NCPF National Cyber Security Policy Framework NDP National Development Plan NPA National Prosecuting Authority NPS National Prosecutions Service NSPS National Specialised Prosecutions Services PFMA Public Finance Management Act PGI Prosecutor Guided Investigations OECD Organisation for Economic Cooperation & Development OHS Occupational Health and Safety OWP Office for Witness Protection PEEC Provincial Effectiveness Enhancement Committees POCA Prevention of Organised Crime Act PCLU Priority Crimes Litigation Unit SAPS South African Police Service SARS South African Revenue Service SCCU Specialised Commercial Crimes Unit SCM Supply Chain Management SDPP Special Director of Public Prosecutions SLA Service Level Agreement SOCA Sexual Offences and Community Affairs SORMA Sexual Offences and Related Matters Act SIU Special Investigating Unit SPS Specialised Prosecutions Services SS Support Services SSA State Security Agency TCC Thuthuzela Care Centre TiP Trafficking in Persons TRC Truth and Reconciliation Committee UNCAC United Nations Convention Against Corruption UNODC United Nations Office on Drugs and Crime USA United States of America VIS Victim Impact Statement 8 Foreword by the National Director of Public Prosecutions I feel privileged and honoured, so soon after my appointment, to present this report on behalf of the National Prosecuting Authority (NPA). This has a special meaning to me because this opportunity coincides with the end of the current government’s five-year term of office and the 20th anniversary of democracy. The centuries of colonial rule and apartheid caused untold distress, hardship and humiliation for the majority of the people in South Africa. But less clearly understood is the devastating effect of colonialism and apartheid on the criminal justice system. A large component of the resources allocated to law enforcement was focused on dealing with political activities instead of ordinary lawlessness. Skills and expertise were thus ineffectively developed to enable the proper investigation and prosecution of crime. The state also allowed the use of violence
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