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 th20 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 as a legitimate investigative tool. As a result, it was not uncommon for convictions to be obtained based on confessions extracted under force. The illegitimacy of the government created lawlessness and disrespect for the rule of law among citizens. People often felt justified in breaking the law. Police officers and prosecutors lacked any legitimacy in the eyes of the public.
The democratic government also inherited a Criminal Justice and Security System that was fragmented and needed to be amalgamated and transformed in line with the democratic constitution. The criminal justice system also lacked integrity and legitimacy and was characterised by uneven distribution of resources, with crime fighting methods not tailor-made to address key causes of crime.
On the international prosecuting front, before 1994, South Africa was often found wanting on prosecuting and addressing crimes involving money laundering, organised crime, narcotics, human trafficking, cross-border crimes, extraditions, and other administrative legal matters. The need to deal with challenges meant that the organisation had to introduce specialists units aimed at dealing with the new crime phenomena.
Since its establishment in 1999, the Sexual Offences and Community Affairs (SOCA) unit of the NPA has been working to develop best practices and policies that seek to eradicate victimisation of women and children, while improving prosecution, particularly in the areas of sexual offences, maintenance, child justice and domestic violence, maintenance and trafficking in persons. To this end the NPA, through its unit SOCA has created 38 fully operational Thuthuzela Care Centres (TCCs) since inception of the unit to deal more effectively with sexual offences cases by reducing the time from reporting to finalisation of cases.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 9 The NPA Asset Forfeiture Unit (AFU) started in May 1999 with just three people, of whom the current head, Mr Willie Hofmeyr was one. Today it has grown into a formidable force that clearly communicates the message: “Crime does not pay”. After a few difficult years due to capacity constraints, the AFU had an excellent year and exceeded its previous best performance levels achieved three to five years ago. It achieved its best performance ever in three of its four main indicators, and second best in the other. On average it was 31.8% above target in these indicators and improved its performance by 61.6% from the previous year. In the past year, the AFU froze assets to the value of R451.6 million in corruption cases, and its increased impact on corruption is indicated by the huge value of R1.46 billion of the assets frozen in corruption cases in the last five years. This is a significant increase on the total of R234 million in the previous ten years (cumulatively). It made payments to victims of crime to a total of R84.4 million.
The NPA Aspirant Prosecutor Programme continues to bridge the skills shortage gap in the NPA. This internship programme within the National Prosecutions Service (NPS) entails an in-service training that assists unemployed law graduates to gain practical prosecutorial experience. After 12 months of learning, successful candidates are appointed to entry level prosecutorial positions. 748 aspirant prosecutors were trained from 2009 to 2012. 213 aspirant prosecutors underwent training at 19 different centers nationally for the year under review.
The improvement in performance in all spheres of the organisation is continuous. The lower and high courts have maintained a positive clearance ratio during 2013/14. A total of 931 799 new cases were enrolled and 962 632 cases disposed of, representing a positive clearance rate of 3.3%. A total of 30 833 more cases were therefore disposed of than received in delivering justice to the community.
Compared to 2012/13, the courts increased the number of criminal court cases finalised with verdict by 1.8% as 5 763 more cases were finalised than in the previous year. High conviction rates were maintained as an average of 1 671 high and lower courts finalised 329 153 cases with a verdict, with an overall conviction rate of 91.7%. Although not all annual targets as outlined in the annual performance plan were achieved, concerted efforts have been made by all prosecutors to ensure improved performance even in the face of various challenges experienced by the courts. An increase in delivering justice by means of alternative mechanisms was achieved by increasing the number of cases finalised by means of alternative dispute resolution methods (ADRM) with 22.9% as 32 779 more criminal court cases were finalised through ADRM.
The enhanced focus of the courts on serious crime, in line with the objectives set by the Justice Crime Prevention and Security (JCPS) Cluster Delivery Agreement, has resulted in an improved conviction rates in serious crime. Complex commercial crime achieved a 95.8% conviction rate, a conviction rate of 84.1% was obtained in trio crime cases and the conviction rate in sexual offence cases was increased to 67.1%.
The backlog courts excelled during 2013/14 by finalising 21.3% (3 679) more cases compared to the previous year. This contributed to the overall reduction in the number of outstanding cases which was reduced by 3.6% (6 831 fewer cases) and the backlog cases which was reduced by 11.2% (3 472 fewer cases). In line with the priority focus of the JCPS Delivery Agreement on dealing with corrupt JCPS officials, the NPA continued with its focused approach on these matters and maintained a conviction rate of 84.2% in corruption cases.
10 Acknowledgements I wish to express my profound gratitude and deep regards to all NPA officials who worked tirelessly under very challenging conditions throughout the year to make significant strides in the fight against crime.
I wish to thank the Minister for his continuous support and guidance in the past five years. His commitment to giving the NPA support has enabled us to deliver on our mandate successfully. I must also thank the NPA senior management once again for their leadership to the organisation through much turbulence. The support and the cooperation I have received has enabled me to “hit the ground running” with much ease. It is reassuring that I can always draw from their reservoir of experience and skill. I truly believe that working together we can win the fight against crime.
______Mr Mxolisi Nxasana
National Director of Public Prosecutions
30 May 2014
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 11 Report of the Accounting Officers Overview of the operations of the NPA
The NPA is programme 4 of the Department of Justice and Constitutional Development (DoJ&CD), mandated to institute criminal proceedings on behalf of the state and to carry out the necessary functions incidental thereto.
This mandate is derived from section 179 of the Constitution and the National Prosecuting Authority Act. The purpose of the NPA is provide a coordinated prosecuting service that ensures that justice is delivered to the victims of crime through general and specialised prosecutions, witness protection and to remove the profit from crime.
The Accounting Officer of the NPA is the Director-General of the DoJ&CD. However, the Chief Executive Officer (CEO) is fulfilling that role based on the delegations of authority from the Director-General: DoJ&CD.
Looking back over the year under review gives cause for much satisfaction with the performance of the NPA. The organisation faced many challenges, but in spite of this, has performed admirably in the achievement of its objectives.
One of the undoubted highlights was the appointment of the National Director, Mr Mxolisi Nxasana. With this appointment we look forward to a new era of confidence for the NPA as it forges ahead in its efforts to achieve its vision of “justice in our society so that people can live in freedom and security”. We would like to assure Mr Nxasana of our dedication and commitment in his new responsibilities.
The NPA also welcomed the appointment of the CEO, Adv Karen van Rensburg, and the Director of Public Prosecutions Kwa-Zulu Natal, Adv Moipone Noko which marks the end of the long period of uncertainty in this area as well.
12 From an operational perspective, the NPA’s five sub-programmes (increased from four as a result of a review early in the year) performed well, meeting the majority of targets for the indicators in the 2013 estimates of national expenditure (ENE).
The NPA managed to achieve most of its targets and in certain areas i.e. the district courts, even exceeded their set targets by 6.6%. The NPS met four out of five of its ENE targets. Noteworthy was its achievement in the number of criminal court cases finalised through ADRM, which was 23.8% above target. In settling matters through ADRM before they reach the courts, the NPA is freeing up much-needed resources – both financial and human – to be used in the fight against crime, and this development is to be warmly commended.
The NPS successfully dealt with a number of high profile cases, including that of the Boeremag treason trial, the first treason trial post-apartheid, in which a group of extremist right-wing militia was charged in 2003 with 42 counts, including treason, murder and the attempted murder of former President Nelson Mandela. After many delays by the accused to frustrate the administration of justice, the trial finally ended during the year under review. Another high profile case was that of the callous and brutal contract murder of Chanelle Henning, a young Pretoria mother who was killed as she dropped her son off at his crèche. During this period, the NPA also commenced its prosecution of Oscar Pistorius, a case which has attracted unprecedented global media attention, with court proceedings being screened live in many parts of the world.
The Specialised Prosecution Services (SPS) houses a wealth of specialist expertise to deal with some of the most complex criminal cases in South Africa. It also encompasses the Sexual Offences and Community Affairs (SOCA) unit, whose task includes dealing with one of the biggest scourges of our society: that of violence against women and children. During the year, in response to a presidential directive to enhance the focus on sexual offences, the unit actively participated in the re-establishment of the dedicated sexual offences courts to improve service delivery in sexual offences cases.
The Specialised Commercial Crime Unit (SCCU) is also part of the SPS and two of the areas dealt with by this unit are complex matters and require a long time to investigate and prosecute. These areas are complex commercial crime and cybercrime. In particular, cybercrime is a growing and fast-developing global phenomenon that requires highly skilled personnel in order to keep ahead of criminals. A particular focus on cybercrime this year has yielded excellent results in the successful prosecution of these cases although the number of cases remains low
The Asset Forfeiture Unit (AFU) is the third sub-programme of the NPA. Following a two-year period in which its performance was negatively impacted by budgetary constraints, the unit implemented a strategy to deal with these challenges and, as a result, accomplished an outstanding performance in the year under review.
The fourth sub-programme of the NPA, the Office for Witness Protection (OWP) is, of necessity, a low-profile operation, but nevertheless continues its vital work of protecting vulnerable witnesses with great success. The programme has received international recognition through requests by other countries to provide training and expertise.
Support Services, the fifth sub-programme, is responsible for the administration of the organisation and provides corporate support in finance, human resources, information communication technology (ICT), strategy support, communication and risk management to the NPA. An important area of support services is that of information management, and the unit is currently testing the Electronic Case Management System (ECMS) that will allow for the electronic registering and management of cases by prosecutors. An innovative development is a smart phone application for prosecutors to provide daily court performance information.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 13 The main objective of the Finance and Procurement unit was to secure a clean audit outcome for the NPA, and ensure payment of suppliers within 30 days from receipt of invoice.
The NPA introduced forums such as the “Ethics Coffee Shop” and provided integrity training to NPA employees, advocating integrity in the organisation in an effort to minimise or eradicate the risks of fraud and corruption and to further improve compliance in the NPA.
Overview of financial results The NPA spent 100% of its budget during the year under review. This was achieved by closely monitoring expenditure and centralising the budget towards the end of the financial year. The NPA is not a revenue generating department, and does not charge tariffs for services rendered. Neither does the NPA provide free services that would have yielded revenue had a tariff been charged.
There was a dramatic decrease in terms of official travelling (subsistence and travel) from the previous year as the NPA was more prudent due to the current financial climate of the country and the cry from Parliament to cut back on issues such as traveling and subsistence and by employing other strategies such as teleconferencing. The NPA received a clean audit opinion in the 2012/13 financial year. This was achieved by implementing an audit action plan to address the audit findings from the Auditor-General for the 2011/12 financial year as well as to address weaknesses in the controls and systems as identified by the management team of the NPA.
During the 2013/14 financial year, the NPA made every effort to ensure that it further improved on its financial management and its governance in all areas of the organisation. The NPA further developed a Compliance Matrix which was reviewed and administered during the 2013/14 financial year. The responses from management were verified against the matrix and the outcomes were that there is general compliance within the NPA with legislation and policy directives.
Although it is a programme on the Justice vote, the NPA has prepared and submitted separate financial statements with the approval of National Treasury since 2002/03. The rationale for the NPA submitting separate financial statements in the recent past was the acceptance that the NPA should be listed as a separate entity with its own accounting officer to enhance its independence and to correct its governance structure. Unfortunately, however, the amendments to the NPA Act to give effect to these ideals have not been introduced into Parliament.
The Auditor-General indicated in a discussion document dated 27 July 2013 that the financial results of the NPA should be incorporated within the financial statements of DoJ&CD as the NPA is not a separate entity. If separate financial statements are to be prepared for the NPA, then these should be an extract from the financial statements of DoJ&CD.
National Treasury subsequently indicated that the year under review (2013/14) would be the last year the NPA will be allowed to submit separate financial statements. The NPA will request National Treasury to continue to submit separate financial statements (and to be audited as a separate entity), but may not be able to convince to convince the relevant authorities to do so.
14 Departmental receipts Table 1: Departmental Receipts for 2013/14
Departmental receipts 2013/2014 2012/2013
Estimate Actual (Over) Estimate Actual (Over)Under amount Under amount collection collected collection collected
R’000 R’000 R’000 R’000 R’000 R’000
Sales of goods and services 1,156 1,273 -117 1,039 1,145 -106 other than capital assets
Transfer receipts 0 0 0 0 100 -100
Interest, dividends and rent 161 1,053 -892 265 364 -99 on land
Sale of capital assets 0 0 0 0 22 -22
Financial transactions in as- 42 10,060 -10,018 1,827 8,856 -7,029 sets and liabilities
Total 1,359 12,386 -11,027 3,131 10,487 -7,356
The NPA is not a revenue generating department and does not charge tariffs for services rendered.
The NPA does not render free services that would have yielded significant revenue had a tariff been charged. The amount of bad debt written off during the financial year is R4.2 million. This amount includes thefts and losses, irrecoverable debt, and recoverable revenue written off.
Programme expenditure Table 2: Programme Expenditure for the NPA for 2013/14
Programme name 2013/2014 2012/2013
Final Actual (Over)Under Final Actual (Over)Under
Appropriation Expenditure Expenditure Appropriation Expenditure Expenditure
R’000 R’000 R’000 R’000 R’000 R’000
Compensation of Employees 2 431 496 2 431 496 - 2 310 837 2 310 837 -
Financial Transactions in Assets 4 253 4 253 - 3 589 3 589 - and Liabilities
Goods and Services 566 756 566 756 - 450 279 450 279 -
Household 8 739 8 739 - -
Machinery and Equipment 43 310 43 310 - 50 885 50 885 -
Departmental Agencies and 2 421 2 421 - 2 227 2 227 - Accounts
Buildings and Other Fixes 11 189 11 189 - 17 663 17 663 - Structures
Total 3 068 164 3 068 164 0 2 839 824 2 839 824 0
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 15 Programme expenditure The NPA spent its full allocated budget during the adjusted appropriation due to exceptional financial management. Overall expenditure was at 100% (R3.06 billion). Expenditure on compensation of employees was at 98.4% (R2.4 billion), which resulted in an underspending of R39.8 million. This underspending was due to the high number of high level resignations and early retirements during the financial year. This underspending was used to defray goods and services expenditure.
Goods and services was overspent by 10.5% (R53.9 million) as at the end of the financial year. This overspending was partly as a result of the NPA contribution of R70 million to DoJ&CD’s security expenditure for the prosecutors in the lower courts and R85 million payments made in respect of AFU curators.
Payment of capital assets was underspent by 21.1% (R14.6 million) as at the end of the financial year. The NPA anticipated an underspending in respect of payment of capital assets due to the termination of all information technology (IT) lease agreements and the delay of tenant installation at some of the NPA buildings. National Treasury approved a R18.2 million virement from capital on 31 March 2014 in order to defray current expenditure payments.
Virements / roll overs R18.2million was vired from capital expenditure to goods and services. Virements were done across sub- programmes. The saving on capital expenditure arose as a result of the reclassification of finance leases where the NPA decided to terminate all IT lease agreements as part of cost containment measures. The NPA was also not able to perform tenant installation at some of its buildings because of delays with the finalisation of leases through the Department of Public Works. The capital virement was approved by National Treasury.
No request for roll-over was submitted as the NPA spent its full budget allocation.
No unauthorised expenditure was incurred. Fruitless and wasteful expenditure in the amount of R1.1 million is disclosed. The amount disclosed for fruitless and wasteful expenditure comprises expenditure on motor vehicle repairs, no shows (where a booking is made for accommodation for work related travel and the employee does not show up), traffic fines (administrative fees), interest paid etc. All cases of fruitless and wasteful expenditure are investigated and disciplinary action is taken where appropriate. No shows and traffic fines (administrative fees) are recovered from officials. The corrective measures taken were effective as the amount of fruitless and wasteful expenditure is decreasing on a year to year basis.
Future plans of the NPA The NPA management is desirous to entrench the independence of the NPA as an institution and will engage the Executive with a view to list the NPA as a constitutional institution and appoint its own accounting officer. To achieve this objective, amendments to the NPA Act may be required.
Public private partnerships This is not applicable to the NPA.
Discontinued activities The NPA did not discontinue any activities.
New or proposed activities The NPA is not planning any new activities for the coming financial year that will have a significant bearing on the operations of the organisation.
16 Supply chain management (SCM) No unsolicited bid proposals were concluded for the year under review. Compliance in the SCM environment is now well entrenched and no audit findings were raised by the Auditor-General in respect of SCM. However, SCM experiences challenges in finding service providers that meet the local content requirements, finalising bids within 90 days of issue, and in recruiting and retaining suitable bid drafters. The NPA engaged National Treasury and the Department of Trade and Industry in this regard. In addition, some service providers submit false tax clearance certificates. Such instances are reported to the South African Revenue Service (SARS) and the South African Police Service (SAPS).
SCM processes are in place to detect and prevent irregular expenditure. In this regard, checklists were developed and implemented, all sundry payments are checked before payment, and training was provided. All cases of irregular expenditure are investigated and referred to the expenditure control committee and labour relations with a view to institute disciplinary action in cases where this is warranted.
Gifts and donations in kind received from non-related parties
Table 3: Gifts and donations received from non-related parties in 2013/14
Opening Closing Name of donor Purpose balance balance Revenue Expenditure R’000 R’000 R’000 R’000 Received in cash CARA 19 889 20 000 12 944 26 945 Sub Total 19 889 20 000 12 944 26 945 Received in kind USAID The project is aimed at contributing to reduction of incidence of HIV and AIDS by raising awareness on the linkage between violence against women and children and HIV and AIDS in South Africa. - 70 000 15 608 54 392
Subtotal - 70 000 15 608 54 392 TOTAL 19 889 90 000 28 552 81 337
Exemptions and deviations received from the National Treasury The NPA did not apply for or receive any exemptions or deviations from National Treasury from the Public Finance Management Act (PFMA) or Treasury Regulations for the year under review.
Events after the reporting date There are no events after the reporting date and before the date of approval of the financial statements that have a material bearing on the financial statements.
Other There are no other material facts or circumstances which may have an effect on the understanding of the financial state of affairs not addressed elsewhere in the report.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 17 Acknowledgement or Appreciation I would like to thank the executive management team and employees of the NPA for their tireless efforts and their unwavering commitment to service delivery and improved governance in the NPA.
The support and guidance that the NPA received from the Audit Committee and the findings of the Office of the Auditor-General were instrumental in putting the NPA on a road of sound financial management and good governance practices. For that we are very grateful.
To the Honourable Minister JT Radebe, MP, and the Deputy Minister, Mr John Jeffery, MP, I would like to extend my sincere gratitude for their leadership, guidance, support and commitment to ensure that South Africa is a safer place by building a strong justice system that deliver on its mandate without fear, favour or prejudice. I wish Minister Radebe well in his new portfolio.
The support I receive from the CEO, Deputy CEO and the Support Services management team of the NPA, enabled me to effectively exercise my duties as accounting officer of the NPA and their support and commitment is highly regarded.
Lastly, I would like to extend my appreciation to the leadership of the NPA, Mr Mxolisi Nxasana, the National Director and the NPA Exco for their resilience and hard work during the period under review.
Conclusion I wish all in the NPA well for the coming financial year and hope that you will keep on serving the citizens of this country with the same vigour and commitment as in the past and that your efforts will be felt by the ordinary South African and to regain the trust of our clients in our criminal justice system.
Approval and Sign Off The Annual Financial Statements set out on pages 163 to 209 have been approved by the Accounting Officer(s).
……………………………………………………………… ……………………………………
Mrs Nonkululeko Sindane Mrs Karen van Rensburg Director-General: Justice & Constitutional Development CEO: NPA 30 May 2014 30 May 2014
18 Statement of Responsibility and Confirmation of the Accuracy of the Annual Report
To the best of my knowledge and belief, I confirm the following:
• All information and amounts disclosed throughout the annual report are consistent.
• The annual report is complete, accurate and is free from any omissions.
• The annual report has been prepared in accordance with the guidelines on the annual report as issued by National Treasury.
• The Annual Financial Statements (Part E) have been prepared in accordance with the modified cash standards and the relevant frameworks and guidelines issued by the National Treasury.
• The Accounting Officer is responsible for the preparation of the annual financial statements and for the judgments made in this information.
• The Accounting Officer is responsible for establishing, and implementing a system of internal control that has been designed to provide reasonable assurance as to the integrity and reliability of the performance information, the human resources information and the annual financial statements.
• The external auditors are engaged to express an independent opinion on the annual financial statements.
• In my opinion, the annual report fairly reflects the operations, the performance information, the human resources information and the financial affairs of the NPA for the financial year ended 31 March 2014.
Yours faithfully
......
Ms Nonkululeko Sindane
Director-General: Department of Justice and Constitutional Development
30 May 2014
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 19 Strategic overview
Vision Justice in our society so that people can live in freedom and security
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
Values • Integrity which is displayed through ethical conduct, high moral standards, honesty, moral principles and values, no corruption or fraud – zero tolerance, keeping promises, truthfulness and being beyond reproach
• Accountability which is depicted by being responsible and answerable for our actions
• Service excellence which is found in providing first class customer service and complying with the Batho Pele principles
• Professionalism which can be seen through commitment/dedication, punctuality, competence, and professional conduct in and out of court
• Credibility which is depicted in the following behaviour: consistency and the ability to inspire belief or trust
Legislative and other mandates
Constitutional Mandates The NPA derives its mandate from section 179 of the Constitution. Section 179(2) expressly empowers the NPA to institute criminal proceedings on behalf of the state, and to carry out any necessary functions incidental thereto. Furthermore, section 179(4) requires that the NPA must exercise its functions without fear, favour or prejudice.
The National Director of Public Prosecutions (National Director), as head of the NPA, and Directors of Public Prosecutions (DPPs), as NPA heads at various seats of the high courts, are responsible for ensuring compliance with our constitutional obligations. In terms of section 179(5)(a) and (b) of the Constitution, the National Director must determine prosecution policy and issue policy directives, which must be observed in the prosecution process. The prosecution policy and any amendments thereto must be determined with the concurrence of the Minister responsible for the administration of justice (Minister) and after consultation with the DPPs. Furthermore, in terms of section 179(6) of the Constitution, the Minister exercises final responsibility over the prosecuting authority, and may, in terms of national legislation, request reports from the National Director regarding the functioning of the prosecuting authority.
20 Legislative Mandates The NPA, as the sole entity seized with the responsibility of instituting prosecutions on behalf of the state, is legally bound by various pieces of legislation. Below is a short discussion of key legislation.
National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) (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 and
(c) discontinue criminal proceedings
In terms of section 11 of the NPA Act, the President may, after consultation with the Minister and National Director, appoint not more than four persons as Deputy National Directors of Public Prosecutions (DNDPPs). A DNDPP has original prosecutorial powers as set out in section 20(1) of the NPA Act. The DNDPPs’ powers and functions are exercised subject to the control and direction of the National Director. The National Director may also assign certain specific functions to a DNDPP. The NPA Act also allows for the appointment of Special Directors of Public Prosecutions (SDPPs) to deal with special focus areas.
Under section 13(1) of the NPA Act, the President may, after consultation with the Minister and the National Director, also appoint Director of Public Prosecutions (DPPs) at the respective seats of the high courts (section 13(1)(a)) and SDDPs to exercise certain powers, carry out certain duties and perform certain functions conferred or imposed on or assigned to him or her by the President by proclamation in the Gazette (section 13(1)(c)). A DPP appointed in terms of section 13(1)(a) of the NPA Act has original prosecutorial powers in respect of any offence committed in his or her area of jurisdiction but not in the area of jurisdiction of another Director. A SDPP appointed in terms of section 13(1)(c) of the NPA Act also has original prosecutorial powers in respect of those offences identified in his or her Presidential Proclamation in any area of jurisdiction, but subject to the concurrence of the first-mentioned DPP of the area of jurisdiction concerned.
A Deputy Director of Public Prosecutions (DDPP) appointed by the Minister under section 15(1)(b) of the NPA Act to the Office of a DPP, also has original prosecutorial powers in respect of the area of jurisdiction concerned. However, such DDPP must exercise such powers subject to the control and directions of the DPP concerned and only in the area of jurisdiction for which he or she has been appointed and only in respect of such offences and in such courts, as he or she has been authorised in writing by the National Director or a person designated by the National Director.
Prosecutors are appointed in terms of section 16(1) of the NPA Act. A prosecutor may be appointed to the Office of the National Director, the office of a DPP, or any lower court in the Republic. A prosecutor does not possess original prosecutorial powers contemplated in section 20(1) of the NPA Act. He or she may only exercise and perform such prosecutorial powers and functions if authorised to do so by the National Director or a person designated to do so by the National Director.
Section 28 of the NPA Act should be read with Chapter 6A (sections 17A to 17L) of the South African Police Service Act, 1995 (Act No. 68 of 1995) (SAPS Act). The last-mentioned provisions provide for the establishment of a separate Division in the South African Police Service, namely, the Directorate for Priority Crime Investigation (DPCI). These provisions, among others, ensure a multi-disciplinary and integrated approach in the prevention, combating and investigation of the priority crimes, including corruption offences. In terms of section 17D(3) of the SAPS Act, the National Head of the DPCI may, if he or she has reason to suspect that a national priority
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 21 offence has or is being committed, request the National Director to designate a DPP to exercise the powers of section 28 of the NPA Act. In terms of section 17F(4) of the SAPS Act, the National Director must ensure that a dedicated component of prosecutors is available to assist and cooperate with members of the DPCI in conducting its investigations.
Criminal Procedure Act, 1977 (Act No. 51 of 1977) This Act regulates matters relating to criminal proceedings in a court of law and contains various provisions relating to the powers, duties and functions of members of the prosecuting authority. These include provisions relating to the power to withdraw a charge and stop a prosecution, the attendance of witnesses in court, the issuing of summonses, admission of guilt, bail, the release of an accused person, summary trials, the charge, the plea, jurisdiction, preparatory examinations, trial before different courts, conduct of proceedings, witnesses, evidence, competent verdicts, previous convictions, sentence, reviews and appeals, and compensation.
Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) The Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) (POCA) provides measures for law enforcement agencies and the NPA to combat organised crime and money laundering. The primary feature of the POCA is to provide for the recovery of the proceeds of unlawful activity. Chapter 5 provides for the freezing and confiscation of the value of benefit derived from crime in cases where the accused is convicted of an offence. Chapter 6 focuses on property that has been used either to commit an offence or which constitutes proceeds of crime. It provides for freezing and forfeiture of proceeds and instrumentalities of crime through a process that is not dependent on a prosecution. In addition, section 71 of the POCA empowers the National Director to request information from government departments and statutory bodies in respect of investigations relevant to this Act without having to issue subpoenas.
Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002) The Priority Crimes Litigation Unit (PCLU), situated in the Office of the National Director, is mandated to manage and direct the investigation and prosecution of the crimes of genocide, crimes against humanity and war crimes as contemplated in the International Criminal Court Act. This Act makes provision for extraterritorial application in its implementation in certain circumstances.
Protection of Constitutional Democracy Against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004) The PCLU is also mandated to manage and direct the investigation and prosecution of terrorism, terror financing and related offences as contemplated in this Act. This Act also makes provision for extraterritorial jurisdiction in respect of specific offences as contemplated in the Act.
Witness Protection Act, 1998 (Act No. 112 of 1998) The Office for Witness Protection (OWP) is established in terms of this Act and provides a support service for the criminal justice system and judicial proceedings, providing protection, support and related services to vulnerable and intimidated witnesses and related persons enabling such witnesses to testify without intimidation, fear or danger. The OWP is established in the DoJ&CD with the Director-General as the accounting officer, but is administered by the NPA.
Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004) Much of South Africa’s anti-corruption legislation has been consolidated in the above Act. The Act provides, among others, for the strengthening of measures to prevent and combat corruption and corrupt activities, for the offence of corruption and offences relating to corrupt activities, for investigative measures in respect of corruption and related corrupt activities, for the establishment and endorsement of a register in order to place
22 certain restrictions on persons and enterprises convicted of corrupt activities relating to tenders and contracts, for placing a duty on certain persons holding a position of authority to report certain corrupt transactions, and for extraterritorial jurisdiction in respect of the offence of corruption and offences relating to corrupt activities.
Criminal Law (Sexual Offences and Related Matters) Act, 2007 (Act No. 32 of 2007) (Sexual Offences Act) The Act comprehensively and extensively amends all aspects and implementation of the laws relating to sexual offences, and deals with all legal aspects of, or relating to, sexual offences in a single statute. The Act, inter alia, repeals various common law offences and replaces them with statutory offences that are gender neutral and applicable to all forms of sexual penetration and sexual violation committed without consent. It also creates new offences for certain compelled acts of penetration or violation, and enacts comprehensive provisions for new or amended offences against children and persons that are mentally disabled.
Child Justice Act, 2008 (Act No. 75 of 2008) The Act establishes a child justice system for children in conflict with the law.1 This Act seeks to ensure that child justice matters are managed in a rights-based manner and assists children suspected of committing crime to become productive members of society by engaging with them in restorative justice processes, diversions and other alternative sentencing options.
Prevention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 of 2013) The Act gives effect to South Africa’s obligations in respect of the trafficking of persons in terms of international agreements. This Act provides for an offence of trafficking in persons, penalties that may be imposed in respect of such offences, measures to protect victims, as well as the prevention and combating of the trafficking in persons within or across the borders of the Republic. The Act was signed off by the President in 2013; however the date for implementation is still to be gazetted.
Policy Mandates
The outcome sought by the JCPS Delivery Agreement (2012) is that all people in South Africa are and feel safe. The agreement requires the cluster to focus on seven expected outputs (only outputs relevant to the NPA are discussed in this document). All seven outputs are defined and underpinned by activities and timelines that are being managed and monitored at the highest executive levels in the JCPS.
The NPA contributes to the achievement of the following outputs: • Output 1: Reduced overall levels of serious crime, in particular, contact and trio crimes • Output 2: A more effective criminal justice system • Output 3: Reduced corruption • Output 4: Managed and improve perceptions of crime among the population • Output 7: Secure cyber space
1 Refers to children under the age of 18, who are suspected to have committed crime. They will not be dealt with in terms of the normal criminal court procedure which is used for adults, but the child justice process will be followed.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 23 These outputs are further refined and specific activities and measures are identified for each. In respect of the NPA the following require priority: • A focus on the prosecution of serious and priority crimes, which includes corruption and contact crimes (especially the trio crimes)2 • Improving prosecutor capacity and efficiency • Participating in the implementation of the Criminal Justice Review 7-Point Plan • Participating in the implementation of integrated case flow management in all courts • Increasing the finalisation of criminal cases, both through trials and alternative dispute resolution mechanisms, and reducing the case backlogs and average length of time persons spend in remand detention • Developing and implementing a plan for effective and efficient joint case planning with the SAPS to reduce corruption • Improving support to victims of crime, which includes an increase in the number of TCCs • Convicting persons for corruption where the amount involved is more than R5 million3
National Development Plan 2030 (NDP) The NDP sets out a long term vision for government to ensure that, by 2030, all people in South Africa are and feel safe. This vision can only be achieved if there is a well-functioning criminal justice system in which the police, the judiciary, the correctional services and the NPA work together to ensure that suspects are caught, prosecuted, convicted if guilty, and securely incarcerated where appropriate.
In order to realise the Medium Term Strategic Framework (MTSF) sub-outcomes of ensuring that people living in South Africa are and feel safe at home, at school and at work, and that they enjoy a community life free of fear, focussed attention is required to achieve the following sub-outcomes: • Significantly bringing down levels of serious and violent crimes • Ensuring an efficient and effective criminal justice system • South Africa’s border is effectively safe-guarded and secured • A secure cyberspace • Corruption in the public and private sectors is reduced
National Cyber Security Policy Framework The fight against cybercrime remains one of the key priorities for the JCPS cluster in particular and government in general. In its effort to fight cybercrime, the JCPS cluster has developed the National Cyber Security Policy Framework which was approved by Cabinet in March 2012. The framework provides for policy positions that are intended to: • Address national security threats in cyberspace • Combat cyber warfare, cybercrime and other cyber ills • Develop, review and update existing substantive and procedural laws to ensure alignment, and • Build confidence and trust in the secure use of information and communication technologies
2 Trio crimes consists of robbery at residential premises, ronbbery at business premises and carjacking (JCPS Delivery Agreement)
3 The definition and targets may be further refined as per the agreement of the Anti-Corruption Task Team and the Department of Planning, Monitoring and Evaluation
24 Relevant Court Rulings Freedom Under Law v National Director of Public Prosecutions and Others [2013] JOL 30843 (GNP)
The judgment of Murphy J in the case of Freedom Under Law v National Director of Public Prosecutions and Others [2013] JOL 30843 (GNP) potentially places the NPA at risk of its decisions being reviewed by the courts at any time, even before all processes are exhausted, thereby causing unnecessary delays in some instances. An appeal was lodged against the judgment.
The Supreme Court of Appeal (SCA) found that the mandatory interdicts issued by Judge Murphy were inappropriate transgressions of the separation of powers doctrine. The SCA affirmed the point that the court will only interfere with prosecutorial decisions on rare occasions. The SCA court found no compelling reasons to interfere with the constitutional mandate of the National Director. The SCA reaffirmed the prosecutorial independence as set out in the Constitution and the NPA Act. The Court held the view that decisions to prosecute and to discontinue prosecution are of the same genus and therefore are reviewable on the grounds of illegality and irrationality. The decision of the Special Director to withdraw fraud charges was found to be illegal and irrational on the ground that he did not consult the DPP as required by section 24(3) of the NPA Act. It was therefore reviewed and set aside. The effect of this decision was that the fraud charges are alive and the previous decision to prosecute still stands.
The Teddy Bear Clinic for Abused Children and Another versus Minister of Justice and Constitutional Development and Another [2013] ZACC 35
The Constitutional Court handed down judgment and confirmed the constitutional invalidity of sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007), to the extent that they criminalise consensual sexual conduct between children under the age of 16. However, the declaration of invalidity was suspended for a period of 18 months from the date of the judgment to allow Parliament to correct the defects in the light of the judgment. Furthermore, from the date of the judgment, a moratorium was placed on all investigations into arrests of, prosecutions of, and criminal and ancillary proceedings against children under the age of 16 years in relation to sections 15 and 16 of the Act, pending Parliament’s correction of the defects in the Act. Finally the Constitutional Court ordered that the Minister of Justice and Constitutional Development is required to take all steps necessary to ensure that, when a court has convicted a child under the age of 16 years of an offence referred to in sections 15 or 16 of the said Act or issued a diversion order following a charge under those provisions, the details of the child will not appear in the National Register for Sex Offenders and a certificate of expungment is issued directing that the conviction and sentence or diversion order of such child be expunged.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 25 ORGANISATIONAL STRUCTURE
Minister Mr M Masutha
Deputy Minister Director General Mr J Jeffery Ms N Sindane
NDPP Mr M Nxasana
DNDPP - NSSD DNDPP - LAD DNDPP - NPS DNDPP - AFU CEO Adv N Mokhatla Adv N Jiba Dr S Ramaite Mr W Hofmeyr Ms KH Van Rensburg
DPPs Regional Heads
SDPP SOCA Acting SDPP - SCCU OWP Deputy CEO Adv T Majokweni SDPP - PCLU Adv L Mrwebi Ms B Sisulu Adv SK Abrahams
Regional Regional Regional Heads Heads Heads
26 DIRECTORS OF PUBLIC PROSECUTIONS (DPPs)
Director of Public Director of Public Director of Prosecutions Prosecutions Public Prosecutions Mthatha Northern Cape KwaZulu-Natal Adv B Madolo Adv I Thenga Adv M Noko
Director of Public Director of Public Director of Public Prosecutions Prosecutions Prosecutions North Gauteng South Gauteng Grahamstown Adv S Mzinyathi Adv A Chauke Adv L Mahlati
Director of Public Director of Public Director of Public Prosecutions Prosecutions Prosecutions Western Cape North West Free State Adv R De Kock Adv J Smit Adv X Khanyile
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 27 Part B Performance Information
28 Part B: Performance Information
Auditor General’s Report: Predetermined Objectives Refer to the report of the Auditor General under part E Financial Information.
Overview of Departmental Performance
Service Delivery Environment In order to fully understand the activities of the NPA, it is important to outline the context and environment in which the organisation operates. For many South Africans, the issue of safety and security is of great concern, and the long-term vision of the JCPS Delivery Agreement for all people in South Africa to be and feel safe resonates fully with them.
It is in this context that the NPA seeks to deal with criminal cases efficiently and effectively. As the organisation at the end of the criminal justice system value chain, the NPA performs a crucial function through its work of prosecuting cases in order that perpetrators of crime can be appropriately sentenced or dealt with for the crimes they have committed. For this reason any inefficiencies in the processes of departments that supply the NPA with cases, or those responsible for the effective operations of the courts in which it operates, have a negative impact on its ability to succeed. Stakeholder relations remain a key success factor for the NPA and priority is given to this area at all levels. The NPA actively participates in case flow management forums at all levels as well as the forums instituted by the Chief Justice.
Issues related to case-flow management remained a challenge. Although interventions were put in place to address these challenges, performance continued to be negatively impacted. In some regions, the most worrying aspect of the performance of the courts was the finalisation of cases in the lower courts. One reason was that too few trial cases per day were placed on the court rolls with an inadequate number of back-up cases. It is beyond the control of the NPA to determine how many cases are enrolled per day. Other challenges were the postponement of cases due to the unavailability of magistrates and Legal Aid practitioners, as well as an inadequate relief component of the magistrates. The use of criminal courts for maintenance or civil matters also continued to impede the productivity of the affected courts.
The NPA continued to provide its services within the context of the austerity measures imposed on all government departments. The NPA has sought to use available resources more effectively, giving meaning to the adage “doing more with less”. In particular, its committed prosecutors have, with great dedication, continued their efforts to successfully prosecute accused, some of whom have deeply wronged society through their actions. Another way in which it has done so is through its legal affairs division (LAD), whose research and legal opinions have, in some cases, revealed incorrect application of the law, thereby saving the NPA unnecessary costs.
The decline in the performance of the high courts was mainly because of the unavailability of key role players and the loss of court days. Various high courts have been negatively impacted by the delays by the DoJ&CD in approving the appointment of acting judges. This has resulted in the Judges President withdrawing judges from the circuit courts and limiting the enrolment of criminal matters. The matter is now being escalated by the National Director to the Chief Justice. The number of finalised cases is directly linked to the number of available court days. Fewer court days result in fewer finalised cases. The number of court days decreased by 15.6% from the previous year and resulted in 14.2% fewer cases being finalised.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 29 In an environment in which technology has become ever more sophisticated, a particular challenge is to successfully prosecute cybercrime cases in an effort to combat this growing international phenomenon. A special focus on cybercrime cases during the year included the skills development of relevant prosecutors, and the NPA is reaping the rewards of this strategy. Increasingly, the international community is calling for an integrated approach to the prosecution of these cases, and the NPA has cooperated with and contributed to international organisations such as the Organisation for Economic Co-operation and Development (OECD), the International Association of Prosecutors (IAP), as well as African organisations such as the Africa Prosecutors Association, and other South African stakeholders (see detail below).
The organisation was constrained in achieving its target by the lack of new cybercrime cases received from the South African Police Service (SAPS).
The NPA continues to respond to the unacceptably high levels of violence against women and children in South Africa through the work of the SOCA unit which addresses sexual offences, domestic violence, human trafficking, maintenance matters and young offenders. The NPA has also responded to the presidential directive to enhance the focus on sexual offence matters in a number of ways, including the re-establishment of dedicated sexual offences courts to improve service delivery in sexual offences cases. The NPA also developed a detailed and integrated training programme and manual, and conducted a number of training sessions for prosecutors in this field. The contribution made by the dedicated managers, coordinators and court preparation officers (CPOs) of the court preparation programme is invaluable for successful prosecutions, particularly for preventing secondary traumatisation of witnesses.
In an ongoing effort to improve the perception of the criminal justice system (CJS) among the South African public, the NPA continues its contribution towards a backlog project by the DoJ&CD begun in 2006. As a result, the outstanding and backlog cases in the lower courts has now improved significantly. In addition, a number of high profile matters – for example, the arrest of Radivan Krejcir on charges of dealing in drugs and attempted murder, the extradition of George Louca, alias Smith, who fled South Africa shortly after the murder of Teazers’ owner Lolly Jackson, and the conviction and sentencing in the Channelle Henning murder case – have strengthened public confidence in the CJS and, in particular, in the NPA.
The lack of dedicated courts and staff in some of the SCCU regional offices continued to be a challenge, adversely impacting on the performance of the unit. Long, drawn-out trials continued to impact negatively on the number of backlog cases and the finalisation rate of the courts. Changes in magistrates in different regions contributed to a decline in the finalisation rate and an increase in backlog cases.
30 Africa Prosecutors Association – (APA)
The APA was conceived by senior prosecutors from Africa at an International Association of Prosecutors (IAP) conference. The underlying reasons for its formation were the Eurocentric approach of the IAP, and the need for Africans to develop African solutions for African challenges.
The APA is an association of prosecuting authorities of the member states of the African Union.
The APA has been in existence for the past ten years, with South Africa’s NPA playing a leading role in finalising the APA constitution and providing its President for most of these years.
The aim of APA is to ensure effective capacity building of African prosecutors through common practical parallel training sessions and the development of best practices in the interest of people of Africa. The association also aims to deal with transactional organised criminal activities such as cross-border fraudulent schemes and trafficking in drugs, humans, precious metals, arms, endangered species and laundering of proceeds of crime.
NPA officials have ensured a number of high level capacity building training sessions at conferences and through invitations extended to South Africa for training.
Prior to the conclusion of the Praia conference, resolutions were adopted and captured in a document, “Praia Declaration 2013”. The key resolutions of this declaration are:
• Overwhelming support for structured collaboration and networking, both formal and informal, to enhance capacity building for the benefit of the people of Africa guided by the AU Model Law on Universal Jurisdiction • Giving effect to the memorandum of understanding (MOU) with the African Union • Strengthening international conventions and instruments • Strengthening capacity, knowledge on witness and victim protection • Providing the development of an African Network on witness and victim protection • Providing the expansion of forensic laboratories and exploring the possibility of establishing regional forensic laboratories • Encouraging the development of legislation against harmful traditional practices including but not limited to female genital mutilation and early marriages • Resolving that prosecutors have a vital role to play in safeguarding the role of law and human rights in Africa
The APA’s work in Africa and its aim have been acknowledged by the African Union (AU) Commission resulting in the conclusion of a MOU between the African Union Commission and APA. The key objectives of the MOU are to:-
• Promote and strengthen measures to prevent and combat transnational criminal activities more efficiently and effectively • Promote, strengthen, facilitate and support co-operation and mutual legal assistance between parties and between member states of the AU
Two SDPPs are members of the strategic committee of the APA executive committee and South Africa also holds the position as treasurer general.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 31 NPA’s interaction with IAP The IAP was founded in 1995 and is an international body representing the interests of prosecuting agencies, prosecutors and prosecutors’ associations worldwide, with members from all regions of the world.
The NPA joined the IAP as an organisational member shortly after it was founded and has actively participated in its affairs. Many NPA prosecutors are individual IAP members. The Society of State Advocates of South Africa is also an organisational member.
The IAP has regularly bestowed IAP honours on NPA prosecutors for their exceptional commitment to prosecuting without fear, favour or prejudice in accordance with the Constitution and the IAP standards.
The NPA’s continued membership of the IAP and the participation of NPA prosecutors in the activities of the IAP through its conferences, website, internet platforms, best practice series and other publications, earning and receiving IAP awards and making use of international networking opportunities remain essential elements of the NPA’s commitment to fighting crime both domestically and internationally.
Service Delivery Improvement Plan
Table 4: Main services and standards Main services Beneficiaries Current/actual Desired standard Actual standard of of service achievement services against standards Deal with criminal Victims of crime Number of criminal 493 665 505 342 cases efficiently court cases and economically finalised including (increase the ADRMs number of finalised 466 800 cases) Number of case backlogs 5 35 569 (33 504) 6 27 067 261 591
5 This indicator was removed from the NPA APP in the reporting period in line with the ENE
6 35 569 is the target set out in the NPA SDIP approved two years ago, while 33 504 is the target for DoJ&CD.
32 Table 5: Batho Pele arrangements with beneficiaries (Consultation access etc.) Current/actual arrangements Desired arrangements Actual achievements Pre-trial consultation by 79% Customer satisfaction Customer satisfaction survey prosecutor with witnesses and/or survey: bi-annually project is in progress. The results victims – survey to be conducted will inform the development of the norms and service standards Response time on Presidential 100% 100% Hotline queries received 14 days turnaround time A total of 19 cases were received and dealt with within the required timeframes Court preparation service Court preparation service Court preparation service was available in 76 courts and 2 high available in 72 courts available in 79 courts including courts lower and high courts Fully operational TCCs Increase number of TCCs to 407 38 operational TCCs
35 Witness protection No witness were harmed or No witness were harmed or threatened while in the witness threatened while in the witness No witnesses harmed or protection programme protection programme threatened
7 The NPA APP target is 43
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 33 Table 6: Service delivery information tool Types of Desired information tools Actual achievements information tools Public education Community television campaign Community television campaign This is an informative television programme called 12 million people reached through community and awareness: NPA for My Justice, educating the public about the media awareness programmes (print/radio and law, the criminal justice system and prosecutions, in television) particular. The format of the programme is 30-minute episodes broadcast weekly (Monday evenings) with week-end repeats (Sunday afternoons) on Tshwane TV. Programmes syndicated to other community television stations, including Alex TV, Cape Town TV and 1KZN TV.
Community Outreach Events Community Outreach Events Face-to-face engagements with communities, 750 000 people reached through direct where there is an opportunity for prosecutors to community outreach event and exhibitions provide information about the law and the work of 17 million people reached through public the NPA. These events also provide an opportunity broadcasts and commercial media engagements for community members to know prosecutors in their specific areas and for them to address specific community related complaints and enquiries.
Public Exhibitions Public Exhibitions Exhibitions provide an opportunity to draw large The NPA participated in several public exhibitions crowds that converge at one public area designed including the following: for exhibitors to provide information to the public • The Rand Show about their products and services. • The Royal Show • The Grahamstown Festival • The Gariep Festival • Child Protection Week • Kuruman at Seoding Tribal Offices in support of 16 Days of Activism for no Violence Against Women, Children and People with Disabilities.
Multi-Purpose Community Centres (MPCCs) Multi-Purpose Community Centres MPCCs are platforms through which government More than 14 events were held at MPCCs, and services are rendered and information is provided others were visited and supported during the year. to the public in a co-ordinated manner. This need • KZN: Archie Gumede in Chatsworth, necessitates intergovernmental partnership among KwaNdengezi, Bamshela and Phoenix national, provincial and local spheres of government • Eastern Cape: Burgersdorp to share available resources and to avoid duplication. • Northern Cape: Galeshewe, Hopetown, The NPA participates in some MPCCs across Victoria West and Britstown. the country, where information brochures are • Western Cape: Atlantis and Bonteheuwel. disseminated and community engagements are • South Gauteng: Kagiso possible. • North West: Tshidilamolomo • Free State: Trompsburg.
Website Website The website is a repository for information about Information provided via the website included: the organisation, and also provides contact details, • NPA Annual reports including a general email address, for all enquiries. • NPA presentations to parliament • Media statements • NPA office contact details • NPA newsletters Social Media The NPA Facebook page is an important tool to Social Media improve accessibility of information about the NPA The Facebook page was used to raise awareness to a wide audience, taking advantage of the easy about community outreach events and public access to cell phone technology and the popular use exhibitions during the year. It was also used of social media as an information tool effectively to provide information updates about the Aspirant Prosecutor Programme
34 Table 7: Complaints mechanism Complaints/actual complaints Desired complaints Actual achievements mechanism mechanism
Representations 72.9% of the representations All representations addressed to submitted to the various offices NPA head office were dealt with The following complaints mechanisms are in place by of the Directors of Public in alignment with the governing virtue of lodging presentations. Complaints can be Prosecutions were attended to legislation. lodged in the following manner: within 30 days The clearance ratio for the 514 • Put matter in writing to the Senior Public representations/complaints received Prosecutor (SPP) of court was 89% at the NPS national office • If the representer is dissatisfied with result, or if the complaint concerns SPP, then
• The representer may refer the complaint to Chief Public Prosecutor (CPP) of that area. Contact details are available at magistrates court
• If the representer is still dissatisfied the complaint maybe referred to the DDPP of that region
• High Court complaints may be referred to the DDPP of that region
• Should the representer be dissatisfied with result then the matter may be referred to the DNDPP, NPS
• Alternatively the representer can send representations to [email protected]
Ethics Hotline Investigate the complaints 43 cases were reported, of which within 30 days 15 were finalised within the 30- An ethics hotline through which members of the day turnaround period while 22 public can report unethical behaviour is in operation. If were finalised beyond the 30-day members of the public are aggrieved or dissatisfied with turnaround period and 6 are pending the prosecutor’s handling of cases, this hotline can also be used to report this. The NPA Hotline number is 0800 212 580. Detailed information such as the prosecutor’s name and at which office or court he or she is stationed should be supplied. Alternatively, this information can be emailed to [email protected]
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 35 Organisational Environment
The appointment of the National Director, Mr Mxolisi Nxasana, in October 2013 had a stabilising effect on the organisational environment. Staff and management alike welcomed the National Director by ensuring that operations continued seamlessly without any interruptions or upheavals as a result of this change at the helm.
The National Director reassigned responsibilities and redeployed some of the senior managers. Changes were made to enhance performance, and to utilise the valuable experience of these senior leaders in pursuit of the strategic direction embarked upon.
After thorough review of the NPA’s sub-programme structure, the number of sub-programmes was increased from four to five, to increase accountability and position the organisation for greater effectiveness by aligning budget and strategy.
The NPA during this reporting period had the demanding task of maintaining the clean audit outcome achieved in the last reporting period. The organisation followed the same approach it previously adopted, that of appointing an audit facilitator solely responsible for planning and executing a carefully monitored audit plan. All senior managers are involved throughout this process and encouraged by leadership to not only support but to avidly implement the activities of the audit plan.
The NPA has a zero tolerance approach to corruption and dismissed 4 NPA officials on the basis of corruption during the reporting period.
The NPA during this reporting period was hard hit by resignations as well as the retirement of very knowledgeable and experienced staff. In an effort to counteract this loss to the body of organisational knowledge, 67 aspirant prosecutors were recruited. Although these are mainly inexperienced prosecutors, all efforts are made to develop them into skilled prosecutors as soon as possible. Future intakes of these recruits are in the pipeline. Recruitment is a slow and arduous process in the NPA mainly due to the difficulties of employing and attracting staff from outside the organisation. The workplace skills development plan also seeks to address the need for on the job training to supplement formal training.
Despite the unavailability of service providers to implement diversion programmes, cases continued to be finalised through ADRM. Over the last two financial years, resources were invested in the training of prosecutors in trio crimes.
Although there was strict adherence to the rule of “no case no enrolment”, the implementation of the screening protocol remained a challenge in some regions where it is not yet formally applied. However, in other regions the screening of matters has led to a decrease in both new and older cases, resulting in a decrease in the outstanding roll. There is thus no standardisation in terms of the implementation of the screening protocol. In accordance with presidential directives to enhance the focus on sexual offences, dedicated sexual offences courts were re-established to improve service delivery in cases involving sexual offences. Once implemented in all courts, the sexual offences screening mechanism is expected to yield positive results. The contribution made by the dedicated managers, coordinators and CPOs of the court preparation programme is invaluable for successful prosecutions. There is still concern that many courts do not have a child-friendly environment, which is negatively impacting on the reduction of secondary traumatisation of witnesses. There is also a limited number of CPOs available and it is becoming more challenging to meet the needs of the NPA’s most vulnerable witnesses.
36 Key policy developments and legislative changes
National Prosecuting Authority Amendment Bill At the beginning of 2011, the Minister of Justice and Constitutional Development requested the DoJ&CD to prepare draft amendments to the NPA Act in order to provide for an independent administration of the NPA, to further regulate the executive authority of the NPA, and to provide for the appointment of a CEO as accounting officer for the NPA. The NPA is currently in the process of preparing its final submissions to the Minister for consideration after the Bill was referred back to the NPA by the Minister in September 2013.
Amendments to the NPA Prosecution Policy South Africa’s obligations emanating from Organisation for Economic Cooperation and Development (OECD) Convention on Bribery of Foreign Public Officials - South Africa acceded to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“the Convention”) on 19 June 2007. The Convention entered into force in South Africa on 18 August 2007.
In South Africa’s Phase 1 Report, the OECD working group on Bribery identified South Africa’s Prosecution Policy and Policy Directives as a concern in that the policy specified that when considering whether or not it will be in the public interest to prosecute, prosecutors must consider all relevant factors, including “the nature and seriousness of the offence”, and, notably, “the economic impact of the offence on the community, its threat to people or damage to public property, and its effect on the peace of mind and sense of security of the public” (emphasis added).
The OECD working group held that the reference to “the economic impact of the offence on the community” raises serious concern that the prosecution of a foreign bribery offence in South Africa could be influenced by considerations of national economic interest, contrary to prescriptions under Article 5 of the Convention.
On 8 May 2013 the Acting National Director approved an amendment to the Prosecution Policy, with a view to comply with the recommendation of the OECD Working Group on Bribery. The amendment provides for the following addition to paragraph 3 of the NPA Prosecution Policy.
“The prosecution of offences in respect of corrupt activities relating to foreign public officials shall be subject to the abovementioned principles and considerations: Provided that the decision-making process shall not be influenced by considerations of national economic interest, the potential effect upon relations with another State or the identity of the natural or legal persons involved.”
The Superior Courts Act, 2013 (Act No. 10 of 2013) This Act came into operation on 23 August 2013. The Act addresses the structure of the superior courts, including the establishment of Divisions of the High Court in Limpopo (with its main seat in Polokwane) and Mpumalanga (with its main seat in Nelspruit). The NPA will have to establish DPP offices in Polokwane and Nelspruit. The legislation also makes the Chief Justice responsible for the establishment and monitoring of norms and standards for the exercise of judicial functions of all courts, including procedures to be adhered to in respect of case-flow management. The Chief Justice is currently establishing Provincial Efficiency Enhancement Committees (PEEC), led by the respective Judges President, which will replace the current case flow management structures. Work pertaining to the implementation of this Act is ongoing and members of the DoJ&CD and the NPA must consult regarding: • the implications of the Act on the functioning of the NPA • rationalisation and • the creation of additional magistrates’ posts and their impact on the NPA
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 37 State Attorney Amendment Act, 2014 (Act No. 13 of 2014) The primary objective of the Act in the medium term is to consolidate and streamline all state legal services under a single functionary (Solicitor-General) who will be appointed as Head of State Legal Services. The Head of State Legal Services will be the state’s chief legal adviser who will represent the state in all civil litigation. Having regard to the objectives of the Act, it is clear that it may have an impact on the some of the operations of the NPA. The NPA will therefore have to liaise with the DoJ&CD regarding the envisaged policy to be determined by the Minister.
Strategic Outcomes Oriented Goals JCPS Outcome: All people of South Africa are and feel safe NPA Strategic Outcome Oriented Goal Improved prosecution service Goal Statement To render a prosecution service that is effective
National Development Plan 2030 (NDP) The NDP requires the state in particular to reduce crime by strengthening criminal justice and prosecuting corruption.
Building safer communities Communities should have confidence in the criminal justice system to effectively apprehend and prosecute criminals who violate individual and community safety. The primary role for the NPA in building safer communities is through the strengthening of the criminal justice system. As reflected in the NDP this requires cooperation between all state institutions in the JCPS cluster. The current weaknesses in the system should largely be addressed by the recommendations made in the 2007 Review of the Criminal Justice System (CJS Review). These recommendations are referred to as the CJS Seven-Point-Plan, which was adopted by Cabinet. The plan consists of the following seven priorities: 1. The JCPS cluster must adopt a single vision and mission for the CJS, leading in turn to a single set of objectives, priorities and performance measurement targets for the CJS 2. Establish through legislation or by protocol a new and realigned single CJS coordinating and management structure that flows in a seamless manner from the Cabinet to each court 3. Develop practical short- and medium-term proposals to improve the performance of courts, by focussing court work on trials and ancillary proceedings, such as bail, and removing some of the administrative-like functions relating to postponements and so on 4. Identify key areas within the component parts of the CJS that contribute negatively to the overall systems performance and put measures in place to correct shortcomings and remove constraints, inhibitors and dependencies 5. Establish an integrated and seamless National CJS Information System that will facilitate more informed strategies, plans and decision making 6. Implement a programme of modernisation of the CJS through the application of technology solutions 7. Involve the public in the fight against crime by introducing changes to and expanding the role of Community Policing Forums, and by providing financial and administrative infrastructure
The introduction by the President of the Delivery Agreements for clusters ensured, to a large extent, that there was a single set of objectives, priorities and targets for the CJS. The JCPS Delivery Agreement for the period 2010-2014 was signed on 24 October 2010 by the JCPS cluster ministers with the Minister in the Presidency. The main objective was aimed at achieving the outcome that “All people in South Africa are and feel safe”. The CJS is currently undergoing realignment, in particular with regard to the management of the courts.
38 The Office of the Chief Justice was established as a department and the Chief Justice issued and published standards and norms for the performance of judicial functions. In addition, a National Efficiency Enhancement Committee (NEEC) has been established which includes all stakeholders in the CJS. Currently, the Chief Justice is establishing Provincial Efficiency Enhancement Committees (PEEC) which will ensure that there is better coordination within the CJS.
Various initiatives to improve the performance of the courts as well as address component parts which contribute negatively to the overall performance of the CJS have been initiated. These include the promulgation of legislation (Criminal Law (Forensic Procedures) Amendment Act, 2010 (Act No. 6 of 2010)) relating to finger- and body-prints which will result in broader capture and access to such records across departments that record such information, as well as the submission of legislation relating to DNA and the establishment of a DNA database to assist in the detection of perpetrators of crime (Criminal Law (Forensic Procedures) Amendment Act, 2013 (Act No. 37 of 2013)). Funding has also been provided to create the necessary capacity to deal with these initiatives.
Extensive work with the national forensic laboratories of the Department of Health (DoH) was also initiated in order to address capacity to deal with the workload and backlogs of the laboratories in respect of the requests for the analysis of specimens and blood. The DoH has also appointed further analysts and there have been significant reductions in the backlogs with regard to blood alcohol analysis required for driving under the influence cases.
A number of protocols have also been developed to address challenges related to the criminal justice system. These include a screening protocol for regional court cases, a protocol to deal with post mortems and toxicology, a protocol dealing with blood alcohol analysis, a bail protocol, an election protocol, a legal aid protocol and a mental observation protocol. A number of protocols were also developed around amendments to the Correctional Services Act, 1998 (Act No. 111 of 1998).
The CJS Ante-Mortem Blood Analysis Protocol was approved by the JCPS Directors-General on 9 April 2013 and signed by the National Director on 19 July 2013. The objective of the protocol is to facilitate and regulate the cooperation between the forensic science laboratories of the National DoH, the NPA, SAPS and the DoJ&CD to ensure efficient provision of blood alcohol test results and effective use of the evidence. The protocol was developed to address challenges which hamper the efficient and reliable processing of blood samples taken in driving under the influence cases. Significant backlogs had already developed at the laboratories (in May 2013 the total backlog for blood alcohol samples was 64 905) and, by ensuring that correct processes were followed, there would be less opportunity for wasted effort, operations could be better managed and turnaround times decreased. It would also serve to reduce the subpoena of analysts, which would result in an increase in productivity in the laboratories.
The NPA has also prepared a draft of a protocol regarding state patients to address the current backlogs, ensure speedy admissions to psychiatric hospitals, and reduce the periods of detention in correction facilities. A protocol regarding the procedures that should be adopted in dealing with the remand of cases through audio visual link between the courts and correctional centres was also prepared with a view to improving the utilisation and efficiency of such postponements. The NPA also assisted in revising the 2009 election protocol in preparation for the 2014 national elections. These will receive further attention in 2014.
The Integrated Justice System (IJS) Programme is being implemented by various stakeholders to address modernisation and information management system requirements. These include the delivery of a dashboard
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 39 with 28 key performance indicators for the CJS currently under development as well as departmental systems and integration developments between departments.
The key development for the NPA is the ECMS which has been a stand-alone system during the financial year, but has been going through integration testing with a view to sharing information between SAPS, the NPA and the DoJ&CD.
The review of the Community Policing Forums has been an initiative led largely by the Civilian Secretariat for Police, in conjunction with other stakeholders.
Fighting corruption The NPA plays a key role in the fight against corruption by guiding the investigation and conducting the prosecution of persons who have committed corruption, whether they be persons in the public- or private- sector.
The NDP identifies fighting corruption as one of the key challenges facing South Africa, and proposes the building of a resilient anti-corruption system to deal with it. Regarding combatting corruption, its key proposals is to strengthen the multi-agency anti-corruption system, which includes the NPA prosecutors and the AFU. It requires:
• “…increasing the specialist resources of anti-corruption agencies, improving coordination and cooperation between agencies and ensuring that the independence of each of the agencies is maintained.” (NDP page 404) • specialised teams of prosecutors and the establishment of special courts to deal with such cases8 (NDP page 39)
The NPA has participated actively in the Anti-Corruption Task Team (ACTT) set up by Cabinet in 2010 to deal better with corruption, and it has achieved some notable successes as set out elsewhere in the report. The ACTT is a multi-disciplinary team comprising the Directorate for Priority Crimes Investigation (DPCI), the Special Investigating Unit (SIU), the AFU and the SCCU, is used to strengthen the capacity of law enforcement agencies in the fight against corruption.
The ACTT has also helped considerably with improving coordination and cooperation between agencies and ensuring that their independence is maintained. However, due to financial constraints and other challenges, there has been little increase in the specialist resources required by the NDP and this remains a serious challenge.
8 http://www.npconline.co.za/medialib/downloads/home/NPC%20National%20Development%20Plan%20Vision%202030%20-lo-res.pdf
40 Programme 4 National Prosecuting Authority
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 41 Performance Information
Programme 4: National Prosecuting Authority The National Prosecuting Authority provides a coordinated prosecuting 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.
Description of each programme The NPA is Programme 4 of the DoJ&CD Vote and has the following sub-programmes:
• National Prosecutions Service (NPS) • Specialised Prosecutions Services (SPS) • Asset Forfeiture Unit (AFU) • Office for Witness Protection (OWP) • Support Services (SS)
Performance against ENE Targets
Please note: Brief comments on variances are given. Comprehensive reasons are provided in the discussion on the performance of each sub-programme below
Table 8: Progress on ENE indicators
Programme 4: National Prosecuting Authority
Deviation from planned Indicator as Actual Planned Actual target to published in the Achievement Target Achievement Actual Comment on deviations9 ENE 2012/2013 2013/2014 2013/2014 Achievement for 2013/2014
Sub-programme 1: National Prosecutions Service (NPS)
Number of criminal court cases 323 390 351 308 329 153 -6.3% Criminal court days reduced finalised with verdict
Number of criminal court cases finalised More cases were identified to be diverted 143 410 142 357 176 189 23.8% through alternative from the formal criminal justice system dispute resolution mechanisms
Conviction rate in 87.5% 87% 88.8% Conviction rates fluctuate from year to year 1.8% and the reported performance is in line with high courts (1 045) (1 002) (911) the performance of previous years
Conviction rate in 75.1% 74% 76% 2% Conviction rates fluctuate from year to year regional courts (28 198) (29 823) (27 246)
42 Programme 4: National Prosecuting Authority
Deviation from planned Indicator as Actual Planned Actual target to published in the Achievement Target Achievement Actual Comment on deviations9 ENE 2012/2013 2013/2014 2013/2014 Achievement for 2013/2014
Conviction rate in 91.1% 87% 93.6% 6.6% Conviction rates fluctuate from year to year district courts (261 591) (281 589) (273 641)
Sub-programme 2: Specialised Prosecution Services (SPS)
Total number Recruitment of TCC officials to ensure that of operational there are at least two officials appointed at 35 43 38 -11.6% each site was not finalised – the verification Thuthuzela care criteria for operational TCC sites were thus centres not met
Output 3 cases are complex and take a long Number of time to investigate. A number of cases have persons convicted been enrolled that have not been finalised of corruption due to delays and postponements. One of 42 50 21 -58% where the amount the reasons for these postponements is that involved is more in many of these cases reports by forensic than R5 million accountants have to be obtained which can be time consuming
Conviction rate 92.9% 94% 95.8% Conviction rates fluctuate from year to year on complex 1.8% and the reported performance is in line with commercial crime (639) (796) (747)10 the performance of previous years
Sub-Programme 3: Asset Forfeiture Unit
Number of Large increase in smaller confiscation orders completed 302 312 390 25.0% from successful cooperation with prosecution forfeiture cases
Better investigations from focus on big Value of corruption cases with Hawks and Special Investigating Unit (SIU) and Anti-Corruption completed R118.5m R170m R296.4m 74.4% Task Team (ACTT) and more use of non- forfeiture cases conviction based forfeiture to speed up finalisation
Number of Initiatives with partners to increase inflow of 276 281 363 29.2% freezing orders cases and improved use of capacity
Value of freezing R518m R710m R701.5m -1.2% Target marginally missed due to delay in court orders
94.1% 94% 94.2% More focus on quality assurance, more use of Success rate 0.2% non-conviction based forfeiture to reduce risk (289/307) (312) (423/449) in big cases
10These figures relate only to the SCCU dedicated courts
The NPA actively participates in the JCPS cluster and the JCPS targets form part of the NPA Strategic Plan. There are four high level strategic objectives enunciated in the NPA annual performance plan (APP) for 2013/14. Each strategic objective is allocated to each sub-programme of the NPA where performance against the NPA Strategic and Annual Plan will be discussed below.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 43 Sub Programme 1 National Prosecutions Service
44 NPA Strategic Objective 1: Increased successful prosecution
Sub-programme 1: National Prosecutions Service Purpose: National Prosecutions Service (NPS) is primarily responsible for general prosecutions and the appeals that may follow, which includes resolving criminal matters outside of the formal trial process through alternative dispute resolution mechanisms, settling admissions of guilt for minor offences and considering dockets brought by the police where persons have not been charged.
Highlights: The lower and high courts maintained a positive clearance ratio during 2013/14. A total of 931 799 new cases were enrolled and 962 632 cases disposed of, representing a positive clearance rate of 3.3%. A total of 30 833 more cases were therefore disposed of than received in delivering justice to the community.
An increase in delivering justice by means of alternative mechanisms was achieved by increasing the number of cases finalised by means of ADRM by 22.9% as 32 779 more cases were finalised through ADRM. This brings the total to 38 541 (8.3%) more cases finalised including ADRM compared to the previous financial year.
Compared to the previous financial year, the courts increased the number of criminal court cases finalised with verdict by 1.8% as 5 763 more cases were finalised. High conviction rates were maintained as an average of 1 671 high and lower courts finalised 329 153 criminal courts cases with a verdict, with an overall conviction rate of 91.7%. Although not all annual targets as outlined in the annual performance plan (APP) were achieved, concerted efforts were made by all to ensure improved performance in the face of various challenges experienced by the courts during the year under review.
Table 9: Comparison of cases finalised including ADRM: 2009/10 — 2013/14 Change Change over Indicator 2009/10 2010/11 2011/12 2012/13 2013/14 over prev period yr from 2009/10
Cases finalised incl ADRM 469 541 460 891 448 793 466 800 505 342 8.3% 7.6%
Cases finalised with verdict 350 910 331 045 316 098 323 390 329 153 1.8% -6.2%
Cases finalised through ADRM 118 631 129 846 132 695 143 410 176 189 22.9% 48.5%
The enhanced focus of the courts on serious crime, in line with the objectives set by the JCPS Delivery Agreement, has resulted in improved conviction rates in the prosecution of serious crime. Complex commercial crime prosecutions achieved a 95.8%11 conviction rate, a conviction rate of 84.1% was obtained in trio crime prosecution, and the conviction rate in the prosecution of sexual offence cases was increased to 67.1%. In line with the priority focus of the delivery agreement on dealing with corrupt JCPS officials, the NPA continued with this approach and maintained a conviction rate of 84.2% in corruption cases. Although the number of JCPS officials convicted of corruption did not increase, the JCPS departments to be included in the definition were refined and limited to the cluster departments.
11In the dedicated SCCU courts Better screening processes and the implementation of the screening protocol have resulted in a reduction of 14.4% (24 001) in the number of cases withdrawn. Improved screening processes also contributed to the enrollment of mostly trial-ready matters which contributed to the reduced inflow of new cases in the regional courts. More decision dockets were dealt with during 2013/14 – 9.2% (62 103) more dockets than in 2012/13 were referred for decision to the NPA and a total of 738 041 dockets were dealt with during 2013/14 which represents an increase of 9% (61 121) compared to the previous year.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 45 Case backlogs and backlog project The JCPS departments introduced various interventions to deal with case backlogs. In this regard a specific case backlog reduction project was implemented in November 2006 with the regional courts as the main focus area. (Backlog cases are viewed as all those cases longer than six months on the district court roll, nine months on the regional court roll and 12 months on the high court roll.) The case backlog reduction project assists regional and district courts in identified priority areas country-wide that require focused attention. The project’s aim is to ensure that the inflow of the number of new cases is balanced by the number of matters concluded and that matters are finalised more speedily.
This intervention led to the establishment of more than 50 additional regional backlog courts (through the appointment of additional regional court magistrates, clerks, prosecutors, interpreters and legal aid lawyers on contract). The number has fluctuated since then as courts were closed or shifted to other areas once the backlog was dealt with. After an investigation into the performance of the district courts, several high priority district backlog courts were also established since April 2010 and these courts have made a tremendous contribution to the overall success of the project.
The country-wide situation regarding both the outstanding and backlog cases in the lower courts has now improved significantly with the total backlog case numbers for all courts well below the 30 000 mark coupled with a similar reduction in the outstanding caseload. The DoJ&CD has consequently embarked on a process to convert some backlog courts to permanent courts. The remaining courts will continue until they are converted, closed or shifted to another area.
At the end of March 2014, there were 57 regional and 21 district backlog courts in session. The backlog courts excelled during 2013/14 by finalising 21.3% (3 679) more cases compared to the previous year. This contributed to the overall reduction in the number of outstanding cases which was reduced by 3.6% (6 831 fewer cases) and the backlog cases which was reduced by 11.2% (3 472 fewer cases). The courts further maintained high conviction rates with the district courts maintaining an average conviction rate of 93.1% and the regional court of 75%.
Table 10: Outstanding and backlog cases: 2012/13 — 2013/14 Outstanding cases Backlog cases Finalised cases: backlog courts Forum 2012/13 2013/14 Progress 2012/13 2013/14 Progress 2012/13 2013/14 Progress
High courts 1 083 845 -22.0% 362 287 -20.7% 0 0 0.00%
Regional 45 543 44 224 -2.9% 15 633 14 399 -7.9% 6 076 5 749 -5.4% courts
District courts 143 184 137 910 -3.7% 15 059 12 896 -14.4% 11 416 15 422 35.1%
Total all 189 810 182 979 -3.6% 31 054 27 582 -11.2% 17 492 21 171 21.0% courts:
Since inception of the project in 2006, a 26.3% reduction was achieved in the number of all regional court backlog cases, from 19 536 backlog cases (on an outstanding roll of 46 901) in November 2006, to 14 399 backlog cases (on an outstanding roll of 44 224) at the end of March 2014. The number of outstanding cases was reduced with 5.4%. The additional regional backlog courts finalised a total of 36 429 cases since inception of the project in 1 November 2006 until the end of March 2014.
46 The additional district backlog courts achieved a 42% reduction in the number of backlog cases, from 22 238 backlog cases (on an outstanding roll of 178 461) in March 2010, to 12 896 backlog cases (on an outstanding roll of 137 910) at the end of March 2014. A similar reduction of 22.7% was also achieved in the number of outstanding district court cases. A total of 42 652 cases were finalised by the district backlog courts since 1 April 2010 until the end of March 2013.
This brings the total number of cases finalised from the regional and district court rolls as a result of the backlog courts since 1 November 2006 until the end of March 2014 to 79 081 cases. A number of cases were also removed from the roll which brings the total cases disposed by the backlog courts since their inception to 105 880 cases.
The most challenging aspect of the JCPS Delivery Agreement is Output 3 which requires an improvement in investor perception, trust and willingness to invest in South Africa. A target was set to convict at least 100 people of corruption where the amount involved is more than R5 million, by 31 March 2014. Even though only 63 persons were convicted during the MTSF period, various cases are still pending in court and the complexity of these cases as well as the long terms of imprisonment faced by the accused made the speedy conclusion of these cases very difficult. The NPA still participates in the Anti-Corruption Task Team (ACTT), set up to focus on this target, with the SAPS and other stakeholders.
Table 11: Progress on NPA Strategic Objective 1: Increased successful prosecution
Sub-programme: National Prosecutions Service
Performance Against Target
Deviation Actual Actual from planned Planned Target Comment on Strategic Objectives Achievement achievement Target to actual 2013/14 deviations 2012/13 2013/14 achievement 2013/14
Number of criminal court Increased use of cases finalised including 466 800 493 665 505 342 2.4% ADRM ADRM
Number of criminal court cases finalised including ADRM All courts excelled by finalising 8.3% (38 542) more criminal court cases including ADRM than in the previous financial year. A breakdown per forum of the 505 342 cases, finalised including ADRM by all courts during 2013/14, compared to the performance during the previous financial year, is indicated in the table below:
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 47 Table 12: Annual comparison of cases finalised including ADRM: 2012/13 — 2013/14
Forum 2012/13 % of national 2013/14 % of national Progress
High Court 1 194 0.3% 1 026 0.2% -14.1%
Regional Court 39 886 8.5% 39 283 7.8% -1.5%
District Court 425 720 91.2% 465 033 92.0% 9.2%
All 466 800 100.0% 505 342 100.0% 8.3%
The ability of the NPA to finalise cases is dependent on the inflow of new cases enrolled coupled with efficient court utilisation of all courts. During the previous financial year, a reduced inflow of cases was recorded in both the regional and high courts as indicated in the table below.
Table 13: Annual comparison of new cases enrolled: 2012/13 — 2013/14
Forum 2012/13 % of national 2013/14 % of national Progress
High Court 1 069 0.1% 878 0.09% -17.9%
Regional Court 70 457 7.7% 67 557 7.25% -4.1%
District Court 845 391 92.2% 863 364 92.66% 2.1%
All 916 917 100.0% 931 799 100.0% 1.6%
Court day utilisation was reduced by 1.6% as fewer court days were utilised coupled with a marginal reduction in the average court hours utilised per day. Noteworthy is the increased utilisation of court hours by both the regional and high courts.
Table 14: Annual comparison of court utilisation: 2012/13 — 2013/14 Court days Ave hours Court days Ave hours Progress Progress Forum 2012/13 2012/13 2013/14 2013/14 court days ave hours
High Court 10 413 02:57 8 790 03:04 -15.6% 4.1%
Regional Court 74 979 03:31 72 807 03:34 -2.9% 1.5%
District Court 178 865 03:31 174 011 03:29 -2.7% -1.1%
All 268 581 03:31 264 259 03:30 -1.6% -0.5%
48 Table 15: Analysis of cases removed from the court roll: 2012/13 — 2013/14 % of Total % of Total Indicator 2012/13 2013/14 Progress Removed Removed
Withdrawals 166 541 34.51% 142 540 31.17% -14.4%
Warrants 159 900 33.13% 156 477 34.22% -2.1%
External transfers 44 272 9.17% 45 102 9.86% 1.9%
Mental referrals 1 470 0.30% 1 441 0.32% -2.0%
Struck off roll 110 414 22.88% 111 730 24.43% 1.2%
Total removed 482 597 100.00% 457 290 100.00% -5.2%
The NPA excelled by reducing the number of cases withdrawn from the court roll. A reduction is also noted in the number of warrants issued for non-appearance by the accused. Fewer cases were also removed due to mental referrals. A matter of concern is the increased number of cases struck from the court roll where an increase of 1.2% is noted compared to the previous year. The increased approach of the judiciary to struck cases from the roll justifies further investigation.
Programme Performance Indicators for sub-programme 1
Table 16: Progress on programme performance indicators for increased successful prosecution: 2012/13 — 2013/14 Sub-programme: National Prosecutions Service
Performance Against Target
Deviation from Actual Actual planned Target Performance Achievement Planned achievement to actual Comment on deviations Indicator Target 2013/14 2012/13 2013/14 achievement 2013/14
Number of criminal court cases finalised 323 390 351 308 329 153 -6.3% Criminal court days reduced with verdict
Number of criminal More cases were identified to court cases finalised 143 410 142 357 176 189 23.8% be diverted from the formal through ADRM criminal justice system
Conviction rates fluctuate from year to year and the Conviction rate in 87.5% 87% 88.8% 1.8% reported performance is in high courts (1 045) (1 002) (911) line with the performance of the previous years
Conviction rate in 75.1% 74% 76% Conviction rates fluctuate 2% regional courts (28 198) (29 823) (27 246) from year to year
Conviction rate in 91.1% 87% 93.6% Conviction rates fluctuate 6.6% district courts (261 591) (281 589) (273 641) from year to year
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 49 Sub-programme: National Prosecutions Service
Performance Against Target
Deviation from Actual Actual planned Target Performance Achievement Planned achievement to actual Comment on deviations Indicator Target 2013/14 2012/13 2013/14 achievement 2013/14
Conviction rate fluctuate from Conviction rates year to year this performance in the prosecution 61% 64% 65.9% 1.9% is in line with the reported of sexual offences (1 372) (1 376) (1 554) performance of previous reported at TCCs years
Conviction rates fluctuate from year to year and this Conviction rate in 90.7% 90% 88.9% -1.1% performance is in line with organised crime (273) (178) (394) the performance of previous years
Conviction rates fluctuate from year to year and this Conviction rate in 83.4% 86% 84.1% -1.9% performance is in line with trio crimes (1 273) (1 587) (1 597) the performance of previous years
Conviction rates fluctuates from year to year and this Conviction rate in 65.8% 66% 67.1% 1.1% performance is in line with sexual offences (4 669) (4 683) (5 484) the performance of previous years
Conviction rates fluctuate Conviction rate 97.8% 74% 83.1% from year to year and this in cybercrime 11.1% performance is in line with prosecutions (133) (17) (54) the performance of previous years
Cases take long to finalise Number of JCPS due to non-availability of officials convicted of 68 86 54 -37.2% role players and multiple corruption12 requests from defence for postponements
Value of Fewer compensation orders compensation R74.4m R35m R73.2m 109.1% with higher monetary value orders obtained per order were obtained
12 Please note that the figure of 152 reported for last year was achieved by both sub-programme 1 and 2. The amount of 68 is the actual figure for sub-programme 1
Number of criminal court cases finalised with verdict Notwithstanding case flow related challenges and constraints, the NPA has improved the number of cases finalised with a verdict by 1.8% (5 763 more cases finalised). The reduction of court days coupled with the unavailability of role players in all forums impacted negatively on the cases finalised with a verdict and the target of 351 308 was not achieved. Expectations for improved court efficiency coupled with improved productivity are high after the introduction of norms and standards by the Chief Justice.
An improved performance by the district courts was noted as 7 646 (2.7%) more cases with a verdict were finalised compared to the previous year. The regional courts finalised 1 715 fewer cases and the high court 168 fewer cases. The number of cases finalised is reliant on the inflow of new cases enrolled coupled with efficient court utilisation. Both have indicated a decline as illustrated in the tables above.
50 Table 17: Annual comparison of progress on criminal court cases finalised with verdict: 2012/13 – 2013/14 Forum 2012/13 % of national 2013/14 % of national Progress
High Court 1 194 0.4% 1 026 0.3% -14.1%
Regional Court 37 563 11.6% 35 848 10.9% -4.6%
District Court 284 633 88.0% 292 279 88.8% 2.7%
All 323 390 100.0% 329 153 100.0% 1.8%
Plea and sentence agreements A total of 1 323 plea and sentence agreements in terms of section 105A of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) were concluded during the past financial year. In 54% of these agreements, the sentences imposed were direct imprisonment. Most of the agreements involved longer and more serious cases. By concluding a plea agreement, valuable court time was saved.
Number of criminal court cases finalised through ADRM During the current reporting period 176 189 cases were finalised by means of ADRM of which 3 435 (1.9% of national total) were finalised by the regional courts and 172 754 cases (98.1% of national total) in the district courts. This is to be expected as ADRM is not suitable in serious cases. Compared to the previous year, 32 779 (22.9%) more cases were finalised through ADRM.
Table 18: Annual comparison of cases finalised through ADRM: 2012/13 – 2013/14
Forum 2012/13 % of national 2013/14 % of national Progress
Regional Court 2 323 1.6% 3 435 1.9% 47.9%
District Court 141 087 98.4% 172 754 98.1% 22.4%
All 143 410 100.0% 176 189 100.0% 22.9%
ADRM encompasses diversion and informal mediation as methods of resolution of disputes between the parties. During the current reporting period, 40 620 cases were diverted after enrolment, 6 325 cases were diverted before enrolment in terms of the Child Justice Act (CJA), and 129 217 cases were successfully mediated on an informal basis. A focused approach on alternative measures to reduce trial cases resulted in a 22.9% increase in the number of cases finalised through ADRM compared to 143 410 cases finalised during the previous financial year.
Table 19: Annual comparison of ADRM: 2012/13 – 2013/14
Indicator 2012/13 % of national 2013/14 % of national Progress
Diversions 31 016 21.6% 40 620 23.1% 31.0%
Diversions ito CJA 6 605 4.6% 6 352 3.6% -3.8%
Informal mediation 105 789 73.8% 129 217 73.3% 22.1%
Total removed 143 410 100.0% 176 189 100.0% 22.9%
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 51 Diversions in terms of the Child Justice Act, 2008 (Act No.75 of 2008) The Child Justice Act, 2008 (Act No.75 of 2008) (CJA) came into operation on 1 April 2010 and created a new procedural framework for dealing with children who are in conflict with the law. This Act seeks to ensure children’s accountability and respect for the fundamental freedoms of others, and to prevent crime and promote public safety through the use of diversions, alternative sentencing and restorative justice. During 2013/14, a total of 15 031 children were dealt with of which 668 children (4.4%) were between the ages of 10 – 13 years and 14 363 children (95.6%) were between the ages of 14 – 17 years old. Fewer children were dealt with during 2013/14 compared to the previous year. A comparison with the previous year is set out in the table below:
Table 20: Comparison of age groups Age Group 2012/13 % of total 2013/14 % of total Progress
10 – 13 years 783 5.1% 668 4.40% -14.7%
14 – 17 years 14 651 94.9% 14 363 95.60% -2.0%
Total Children 15 434 100.00% 15 031 100.00% -2.6%
During 2013/14, 3.8% fewer children were diverted in terms of the CJA compared to the 6 605 diverted during 2012/13. The table below indicates the manner in which the children were dealt with compared to the previous year. Section 9 referrals were reduced by27.2% and Section 41 Diversions by13%. The number of children diverted during the preliminary inquiry phase increased by6.7%. Noteworthy is the significant reduction of Schedule 3 offences that were diverted in terms of Section 52(3) of the CJA where the relevant Director of Public Prosecutions indicated the existence of exceptional circumstances.
Table 21: Breakdown of the manner in which children in conflict with the law were dealt with PRELIMINARY INQUIRY SEC.9 REFERRALS SEC 41 DIVERSION SCHEDULE 3: DIVERSION DIVERSION FORUM 2012/ 2013/ Prog- 2012/ 2013/ Prog- 2012/ 2013/ Prog- 2012/ 2013/ Prog- 13 14 ress 13 14 ress 13 14 ress 13 14 ress
District 491 379 -22.8% 1972 1744 -11.6% 3744 3988 6.5% 194 97 -50.0% Court
Regional 50 15 -70.0% 94 54 -42.6% 53 63 18.9% 7 12 71.4% Court
TOTAL 541 394 -27.2% 2066 1798 -13.0% 3797 4051 6.7% 201 109 -45.8%
During 2013/14 a total of 561 children were convicted with a conviction rate of 88.3% after the case was referred for trial whilst 493 children were still diverted during the trial stage.
Conviction rate and progress of high courts The high courts maintained a high conviction rate of 88.8% which is an improvement on the conviction rate of the previous year when 87.5% was achieved. The number of verdict cases slightly decreased from 1 045 to 911 cases, a 12.8% decrease, even though the number of court days utilised decreased by 15.6% from 10 413 days to 8 790 days. The reduced court utilisation can mainly be ascribed to the availability of fewer judges for criminal court sessions and the increased jurisdiction of regional courts.
During this reporting period there was a significant increase in the number of formal bail applications which also
52 contributed to the delayed finalisation of criminal cases. The appeals finalised increased by 9.7% from 2 068 to 2 269. Representations received by the various offices of the Directors of Public Prosecution also increased during this reporting period from 2 651 to 2 876, an increase of 8.5%.
Figure 2: Annual comparison of progress overview of high courts: 2012/13 — 2013/14
Noteworthy cases
State versus Du Toit and Others: The “Boeremag” is the label given to a group of men who were accused and convicted of treason in South Africa. They are an extremist right-wing militia with white separatist aims, accused of planning to overthrow the South African government and establish a new Boer administered republic. They were also held responsible for the 2002 Soweto bombings, which left one person dead and another severely injured.
26 members of the Boeremag were arrested between November and December 2002 and over 1 000 kilograms of explosives were seized in the process. Further arrests followed in March 2003.
The trial of Boeremag suspects began under tight security in the Pretoria High Court during May 2003. 22 men were charged with 42 counts of treason, terrorism, sabotage, the attempted murder of former President Mandela, murder, causing explosions and illegal weapons and explosives possession.
At an early stage of the trial, one of the 22 accused indicated his willingness to plead guilty, and plea bargain proceedings led to his conviction on a charge of sabotage and a sentence of 12 years imprisonment of which 4 years were suspended conditionally for five years. After serving approximately three years and eight months of his sentence, the rest of his sentence was converted to correctional supervision. While still serving his sentence in prison, he delivered valuable evidence in the trial.
During the trial, plans to blow up South African actor and comedian Casper de Vries, together with eight other individuals, were revealed. One of the accused who was arrested in December 2002 and who was involved in the widespread bombings between October 2002 and the end of November 2002, testified in terms of section 204 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977) which offers indemnity to offenders when the
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 53 court is satisfied that their testimonies are truthful. Inter alia, he testified that they manufactured 1 500 kg of explosives in order to make five separate bombs to be detonated on 13 December 2002, with various violent attacks planned to take place after the bombings.
In May 2006 two of the leading members of the group escaped but were recaptured on 20 January 2007.
Mike du Toit, the ringleader of a plot which included the assassination of former President Nelson Mandela and the expulsion of black people from South Africa, and 18 other members of the Boeremag were convicted of treason and sentenced to terms of imprisonment between five and 35 years. 20 other members of Boeremag were also sentenced to terms of imprisonment of between five and 35 years.
The trial lasted 11 years. One of the main reasons for the lengthy trial was the numerous applications launched on behalf of the accused in their endeavor to frustrate the speedy administration of justice and their inevitable convictions and sentences.
State versus Gouws and One Other (Chanelle Henning murder case): Former Nigerian Olympic athlete, Ambrose Monye and businessman Andre Gouws were found guilty by the Pretoria High Court for the callous and brutal contract murder of Chanelle Henning, a young Pretoria mother who was killed as she dropped her son off at his crèche in Pretoria November 8, 2011. Henning had been involved in a bitter battle for custody of her son with her former husband at the time.
A former policeman and his friend were already convicted of the actual murder and are serving 18-year prison sentences after entering a plea bargain with the state in exchange for the evidence which implicated Monye and Gouws in the planning of the murder. In what was described by the court as a typical contract killing, Gouws through Monye secured the services of the two to kill Henning.
State versus Langa (Midrand jogger case): The accused, originally charged with murder, was ultimately convicted of five counts of culpable homicide and a count of drunken driving relating to the killing of five runners and the serious injury of another in Midrand. The accused was sentenced to an unprecedented 12 years imprisonment. Leave to appeal was refused.
State versus Oldwage and Another (Baby Stiaan Oldwage murder case): The accused was convicted of murder relating to the battering of his three-week-old baby boy. The baby died of multiple injuries, including a skull fracture, brain injuries, broken ribs, severe internal injuries and bleeding. An effective term of life imprisonment was imposed on the father of the child. The mother had committed suicide before the trial commenced in the high court.
State versus Hlabisa: The accused was convicted and sentenced during March 2013 for a massacre on Christmas Eve 2011 when six people were attacked and killed in a house in Ntuzuma. Although the accused was only 21-years-old, he was sentenced to six life sentences for the murders.
State versus Smith: A high court case in the circuit court in Upington, the accused was found guilty on two counts of rape and a count of assault with the intent to do grievous bodily harm (GBH). He was sentenced to two life imprisonments on the two rape charges and to ten years imprisonment on the assault GBH count. The accused requested an eight-year-old girl to go to a certain shop. He then pulled her into a shack where he assaulted and raped her. He left the scene when members of the community approached the shack. On his way he met a fifteen-year-old girl who he carried to a nearby dam and also raped.
54 State versus Du Raan and Another: In a widely published high court case in the circuit court in Upington, the two accused, 20- and 14-years-old at the time of the offences, were found guilty of the murders of a mother and her daughter. The accused planned to murder the daughter but when the mother reacted to her daughter’s screams, they stabbed and killed her as well. The daughter was in a relationship with accused number one. The first accused was sentenced to 24 and 18 years; imprisonment respectively on the two counts of murder. The second accused was sentenced to compulsory residence in a youth care centre until the age of 18 years and a further ten years imprisonment in a correctional facility on both counts.
Conviction rate and progress of regional courts The regional courts enrolled 67 557 cases which is 2 900 (4.1%) less than the 70 457 new cases enrolled during the previous financial year. The courts finalised 39 283 cases comprising 35 848 verdict cases (91.3% of the finalised cases) and 3 435 ADRM cases (8.7% of the finalised cases). This represents a finalisation rate of 0.5 cases per court per day. The reduced inflow of cases resulted in a reduced case finalisation — 1.5% (603) fewer cases finalised compared to the previous financial year.
An average conviction rate of 76% was achieved by regional courts, an improvement from the 75.1% recorded during the previous year and one of the best ever recorded by the NPA. The target was therefore exceeded. In addition to the finalisation of cases, 4 833 formal bail applications and 84 156 decision dockets were also dealt with.
Enhanced screening processes implemented throughout the regions yielded positive results as 19.6% (3 689) fewer cases were withdrawn by the regional courts.
A total of 293 compensation orders were granted to victims of crime to the value of R68.2 million.
Figure 3: Annual comparison of progress overview of regional courts: 2012/13 — 2013/14
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 55 Table 22: Annual comparison of withdrawals per forum: 2012/13 – 2013/14
Forum 2012/13 % of national 2013/14 % of national Progress
High Court 68 0.04% 76 0.05% 11.8%
Regional Court 18 815 11.3% 15126 10.6% -19.6%
District Court 147 658 88.7% 127338 89.3% -13.8%
All 166 541 100.0% 142 540 100.0% -14.4%
The NPA excelled by reducing the number of withdrawals again. A year on year improvement has been noted and can be ascribed to the implementation of proper screening processes coupled with an increased focus on ADRM. Both the lower court forums achieved a significant reduction in the number of cases withdrawn compared to the previous year. An increase is noted in the withdrawals by the high courts. This was mainly due to the absconding of the co-accused that resulted in the withdrawal of these cases until the main accused could be traced.
Noteworthy cases The courts take a very serious view of xenophobia and other infringements of human rights. The case of the State versus Viviers (relating to Islamaphobia) was concluded through a plea and sentence agreement. The accused was convicted on charges of assault with the intent to do grievous bodily harm and culpable homicide and sentenced to eight years imprisonment.
State versus Isha and Others: Accused one (Harvey Isha) was sentenced to life imprisonment following his conviction for the murder of Christie Theologo a young woman’s murder in an apparent satanic ritual. Accused two was sentenced to 15 years imprisonment.
State versus Ayob and Another: The accused were a Pakistani couple accused of kidnapping a small child. They were convicted on charges of assault with the intent to do grievous bodily harm, kidnapping and extortion, and were each sentenced to 15 years imprisonment.
State versus Mkhwanazi and Another: Both the accused in this case relating to so-called hijacked buildings, were convicted on charges of fraud and with charges relating to soliciting rent without the permission of the owner. The regional court magistrate stated that the legislature must enact and expand on the common law to include corporeal property in the offence of theft. He added that the sentencing provisions in the applicable legislation were shockingly inappropriate.
Conviction rate and progress of district courts The district courts enrolled 863 364 new cases which is a 2.1% (17 973) increase on the 845 391 new cases the previous year. The courts finalised 465 033 cases comprising 292 279 verdict cases (62.9% of finalised cases) and 172 754 cased finalised through ADRM (37.1% of finalised cases). This represents a finalisation rate of 2.7 cases per court per day. Compared to the previous financial year, the district courts excelled by finalising 39 313 more cases (an increase of 9.2%). Increased focus on ADRM resulted in 31 667 (22.4%) more cases finalised through ADRM compared to the 141 087 finalised during the previous financial year. In addition to this improved finalisation rate, a total of 58 687 formal bail applications and 636 160 decision dockets were also dealt with.
56 High conviction rates were maintained and a conviction rate of 93.6% was achieved by all district courts. Not only was the target exceeded but the conviction rate was also increased compared to the previous year.
Enhanced screening processes implemented throughout the regions have again yielded positive results as 13.8% (20 320) fewer cases were withdrawn by the district courts.
A total of 768 compensation orders were granted to victims of crime to the value of R5.1 million.
Figure 4: Annual comparison of progress overview of district courts: 2012/13 — 2013/14
Conviction rate in organised crime Organised crime prosecutions are dealt with by a team of dedicated prosecutors situated at the various offices of the DPP throughout the country. The number of cases finalised increased dramatically from the previous year – an increase of 47.2% (142 cases) from 301 to 443 cases. The conviction rate of 88.9% is exceptional as most of the cases are heard either in regional courts where the conviction rate is usually about 74% or in the high court where the conviction rate is usually about 87%. Although consultation and preparation can assist with increasing convictions, it is not always easy to pre-empt the trustworthiness of all witnesses. Due to the intake criteria for case selection, only serious and complex cases are taken on by these prosecutors.
Noteworthy cases During the year under review, there were several convictions in respect of organised crime, some of which involved innovative applications of the law. Many of these cases also attracted media attention.
State versus Eben: This complicated and involved commercial matter was prosecuted in the high court. The accused was arraigned on 19 charges of fraud, 16 charges of corruption, one charge of theft, 13 charges of money laundering and one charge of perjury.
It was alleged that the accused, who was the Head: Property Finance Division of Imperial Bank Ltd (IBL) at the time, and also an executive director for a period, received illegal profits and corrupt payments from property developers in exchange for various actions on his part, such as irregularly approving progress payment claims made by them.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 57 It was further alleged that these illegal profits and corrupt payments were in some cases laundered through the trust accounts of attorneys who were involved in the registration of such properties and the applicable mortgage bonds in favour of IBL. The amount involved was approximately R240 million, and it was alleged that the accused received corrupt payments to the value of nearly R7.9 million and illegal profits to the value of approximately R1.5 million.
On 26 September 2013 the accused was convicted on all 50 counts. The case was postponed for sentencing to April 2014.
State versus Mpye and Others: The case involved a cash-in-transit robbery at Dobsonville Mall in which a SBV Services (Pty) Ltd cash truck was robbed of R1.2 million in cash. Four accused were convicted in the South Gauteng High Court of robbery with aggravating circumstances and three counts of attempted murder and accused five of theft of a motor vehicle. One accused died during the trial.
Accused two worked for the company and gave information to the robbers. He received R80 000 for the information and his share in the robbery. The accused were sentenced to an effective term of 26 years imprisonment.
Extradition George Louca (Smith): George Louca, alias Smith, fled South Africa to Cyprus in 2010 shortly after the murder of Lolly Jackson, the owner of Teazers. An extradition application was lodged through normal diplomatic channels to Cyprus. After the initial successful extradition application, Louca lodged an appeal which was also unsuccessful. He was eventually extradited to South Africa and appeared in the regional court at Kempton Park, inter alia, on a charge of murder relating to the killing of Lolly Jackson. An indictment for the murder has not yet been served on Louca. The case received much media attention, possibly due to the alleged links between Jackson, Radovan Krejcir, Cyril Beeka, Joey Mabasa and George Louca. Applications have been made by the media to have all the proceedings televised, as in the Pistorius case.
Arrest of Radovan Krejcir: Radovan Krejcir was arrested on charges of dealing in drugs and attempted murder. The state successfully opposed an application by Krejcir to be released on bail. Krejcir unsuccessfully appealed the decision to the South Gauteng High Court. He then brought a further bail application, which was also dismissed by the regional court. Krejcir and his co-accused have been indicted for trial in the high court. The judgment in the bail appeal, by the South Gauteng High Court, has been marked “reportable” which makes this a noteworthy and very important judgment on bail. In the interim, Krejcir has been linked and joined in another case on a charge of conspiracy to murder.
State versus Mothoa and Another: The two accused, a husband and wife, were convicted in the Polokwane Circuit Court on 53 counts which included racketeering, four counts of murder, nine counts of robbery, 17 counts of fraud, 16 counts of theft, three counts of attempted murder, and possession of illegal drugs . The accused followed elderly people into a bank where the latter withdrew money. When the elderly people left the bank they met up and interacted with them. During this process the accused offered their victims a cold drink spiked with Flunitrazepan (a hypnotic drug) which caused them to lose control of their senses. They then stole the money, bank cards and identity documents of their victims after which they threw their victims over a bridge to their deaths. They then recruited other elderly persons to assume the identity of their victims and fraudulently withdrew all the money from the deceased’s bank accounts. The accused were sentenced to life imprisonment on four counts of murder and a further 57 and 55 years of imprisonment, respectively.
58 State versus Moyo and 17 Others: The 18 accused were charged on two counts of racketeering and 2 663 counts of fraud in the North Gauteng High Court. The accused formed a syndicate that obtained the personal information of unemployed persons under false pretences. They then registered them as taxpayers and submitted false IRP5 certificates and tax returns that resulted in SARS paying rebates to the unemployed persons. The rebate cheques were mailed to post boxes under the control of the syndicate, after which the syndicate cashed the cheques and shared the proceeds among them. SARS was defrauded of approximately R11 million by the syndicate.
Sixteen accused were convicted of racketeering and 2 663 counts of fraud.
The case was presented electronically and 8 455 exhibits were presented to court in this manner. This had the effect of significantly reducing the court time needed to finalise the case.
Environmental crime The NPA maintained a conviction rate of 86% in the prosecution of environmental crimes. Also noteworthy was the NPA’s contribution to stakeholder management and its contribution to the development of tools to enhance the investigation and prosecution of wildlife crime. Various advocates in the NPA assisted with training of stakeholder employees in the general principles of criminal law and evidence maintenance, to mention a few, which has also served to build closer relationships with them.
The Barcode of Wildlife project South Africa is one of six countries selected as partners in a DNA barcoding project on endangered species. Its purpose is to establish a legally sound international DNA database of listed endangered species with the purpose of being used for investigation and prosecution. In practice it will mean, for example, that a piece of bone from an unknown species collected from a crime scene can be analysed to establish its DNA genome. The bone can then be compared to the international database to determine the exact species. The NPA is represented on the national committee where its role is to assist in the establishing of legal standards for the admissibility of the samples and the DNA barcode evidence; as well as in training of scientists and specialists on the proper collection and management of samples in relation to the “chain of custody” principles. This forms a critical foundation for the reference library identification tool as it is the basis from which positive identification of a species will be provided to court.
Noteworthy cases The NPA made huge inroads in the successful prosecution of pollution cases and illegal developments in protected areas and undertook prosecutions for illegal activities in relation to species, not often the subject matter of a prosecution.
State versus Blue Platinum Ventures 16 (Pty) Ltd and Matome Maponya: This is the first environmental prosecution in which a director, Matome Maponya, was convicted in his personal capacity for failing to take all reasonable steps necessary in the circumstances to prevent the commission of the offence by the company. He was sentenced to five years in prison for causing damage to the environment. The sentence was suspended for five years, on condition that the damage done by the mining operation is rehabilitated within three months. The cost of rehabilitating the damage caused has been estimated at approximately R6.8 million.
State versus Nkomati Anthracite (Pty) Ltd: As a result of this prosecution, section 34(3) of the National Environmental Management Act, 1998 (Act. No. 107 of 1998) (NEMA), whereby the court can fine the company as a remedial measure, was invoked for the first time. The company was ordered to pay R4 million to the Department of Environmental Affairs. The company mined anthracite near a wetland from 2010 to 2011 at
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 59 Madadeni village, Mpumalanga, without environmental authorisation. In the process of the mining activity, the accused also contravened several sections of National Water Act, 1998 (Act No. 36 of 1998).
State versus Ganther cc and Two Others: In this case, the court imposed a condition relating to the remediation of the land that contained oil-contaminated soil at the cost of the accused within a certain time period, taking into account that at the time of the prosecution the business was dormant. In terms of the National Environmental Management Waste Act, 2008 (Act No. 59 of 2008) (NEMWA), all three accused were convicted of unlawful disposal of waste, unlawful disposal of waste in a manner that was likely to cause pollution of the environment or harm to health and well-being, and disposal of general waste to land covering an area in excess of 200 square meters without being issued with a waste management licence.
State versus Thi Phuong Nguyen and Another: This is the first time a prosecution has been conducted in terms of the amendment to the Biodiversity Act, 2004 (Act No. 10 of 2004) which allows for prosecutions where the accused is still in transit with endangered species or derivatives without the necessary permits and has not entered South Africa. The accused were importing ivory weighing 147.71kg from Angola to the value of approximately R1.3 million. They were arrested while in transit from Angola to the East and without the necessary documents to be legally in possession and transport the ivory.
State versus Muzi Mthembu: During the period November 2008 to October 2009 the accused unlawfully cleared vegetation and erected a number of buildings in the Isimangaliso World Heritage Site without the authority of the Isimangaliso management authority. These buildings were erected for use as holiday cottages and/or for commercial rental, in the course of which natural vegetation was removed and soil was disturbed. The accused faced three counts relating to illegal development and construction in a world heritage site. The accused received an effective sentence of R3 000 or 18 months imprisonment, plus an additional six years of imprisonment suspended for a period of four years.
State versus AD Hufner: The accused illegally constructed a 360-meter long steel mountain climbing cable on the rock face of Beacon Buttress, in the uKhahlamba Drakensberg Park, a world heritage site. Any development or construction within the park requires an environmental impact assessment as well as the written permission of the managing authority. The accused was charged for the construction of the said structure without the required assessment or permission. The case was resolved through mediation and the parties entered into an agreement, which includes the accused submitting himself for 50 hours of community services within the uKhahlamba Drakensberg Park and/or the Royal Natal Nature Park.
State versus A Stone: The accused was found guilty for the illegal hunting of a brown hyena, a protected species. He was sentenced to R10 000 or two years imprisonment suspended for five years. State versus Yang Feit and Qing Wing: The accused were arrested for being in possession of 266 units of shark fin and 221 sea cucumbers. They were convicted and sentenced to R25 000 or six months’ imprisonment, with a further 12 months’ imprisonment suspended for five years.
State versus Siquan Zhang and Peter Cela: The accused were found in possession of 49 pieces of ivory with a value of approximately R25 000. They were convicted and sentenced to R20 000 or three years imprisonment.
State versus Wo Bing Che: The accused was arrested for being in possession of abalone. He was convicted and sentenced to R250 000 or two years imprisonment.
60 Tax related matters
State versus Shaiknag and Others: The 13 accused were charged with racketeering relating to Value Added Tax (VAT) fraud. This case was the first of its kind in the South Gauteng Division. Accused 1, 2, 4, 10, 11 and 13 were convicted on racketeering charges relating to tax fraud as well as multiple charges of fraud. The accused were sentenced to an effective term of six years imprisonment each.
State versus David Cunningham King (King-1): The prosecution was finalised by way of a plea and sentence agreement. The accused pleaded guilty to 41 counts of various contraventions of section 75 of the Income Tax Act. In terms of the agreement, the accused was sentenced to a fine of R80 000 or 24 months’ imprisonment on each of the 41 counts, being the maximum sentence provided for in the Income Tax Act read with the Adjustment of Fines Act, 1991 (Act No. 101 of 1991).
State versus Pillay: The accused was convicted on 351 counts of VAT fraud, money laundering and assisting another to benefit from the proceeds of unlawful activities. The accused was sentenced to an effective 15 years imprisonment.
Conviction rate in trio crimes A reduction in the levels of trio crimes is one of the JCPS objectives for 2013/14 and the NPA contributed to this objective by focusing on the effective prosecution of these matters. A total of 1 899 cases comprising 2 472 trio crime counts were finalised with a conviction rate of 84.1%. The NPA has shown its commitment by finalising 372 (24.4%) more trio cases with 538 (27.8%) more trio crime counts during this reporting period compared to the previous year.
A breakdown of the cases finalised per trio crime category compared to the previous year indicates an enhanced focus in all three trio crime categories.
Table 23: Annual comparison of Trio Crimes (finalised): 2012/13 — 2013/14
2012/13 2013/14 Progress Trio crime category Cases Counts Cases Counts Cases Counts
House robberies 819 1025 1077 1338 31.5% 30.5%
Business robberies 410 574 524 748 27.8% 30.3%
Vehicle robberies/hi-jacking 298 335 298 386 0.0% 15.2%
Total 1 527 1 934 1 899 2 472 24.4% 27.8%
Noteworthy cases
State versus Musawenkosi Mthiyane and Four Others: The accused were charged with one count of racketeering, two counts of murder, seven counts of housebreaking, one count of rape, and several counts of possession of unlicensed firearms and unlawful possession of ammunition.
The accused formed a syndicate with the common purpose of breaking into the houses of community members in Kwamashu and Ntuzuma to commit robberies and, in certain cases, rape and murder. The accused were convicted as charged. Accused 1 and 2 were sentenced to life imprisonment whilst the other accused were sentenced to 15 and 30 years imprisonment respectively.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 61 State versus Buthelezi and Others: The four accused were convicted on charges relating to a cash in transit heist. Effective sentences of 15 years imprisonment were imposed on the accused.
State versus Masango: A plea and sentence agreement was entered into with the accused, a notorious bank robber. In terms of the agreement, the accused was sentenced to 20 years imprisonment for each of the 14 counts of robbery with aggravating circumstances, and five years imprisonment on each of the 14 counts of possession of unlicensed firearm and ammunition. The sentence amounted to 392 years imprisonment which will be served concurrently. (The accused is currently serving 65 years imprisonment relating to another case.)
Conviction rate in sexual offences In accordance with the presidential directives to enhance the focus on sexual offence matters through the establishment of dedicated courts, the NPA has shown its commitment by not only finalising 1 082 more sexual offences cases compared to the previous year, but by also obtaining a higher conviction rate. The conviction rate target of 66% was exceeded by 1.1% and 815 more convictions were obtained compared to the previous year.
Table 24: Annual comparison of sexual offences cases (finalised): 2012/13 – 2013/14
Financial year Convictions Acquittals Total finalised Conviction rate
2012/13 4 669 2 423 7 092 65.8%
2013/14 5 484 2 690 8 174 67.1%
Progress 17.5% 11.0% 15.3% 1.3%
A multi-disciplinary approach followed by provincial structures, established with stakeholders from the DoJ&CD, Legal Aid South Africa, SAPS, DoH and the NPA, contributed to the improvements in the prosecution of sexual offences cases.
Noteworthy cases
State versus Kotze and Others (Modimolle Monster case): The accused were convicted of the brutal gang rape of the complainant and the cold blooded murder of her son. It emerged that one of the accused, Johan Kotze, had procured the services of his co-accused to rape the complainant, who was also tortured and disfigured during the crime. Her son was executed during the ordeal after being lured to the scene by Kotze. The accused were sentenced to effective terms of life imprisonment.
State versus Kutumela: The accused was convicted of the brutal rape and murder of his pregnant 18-year- old girlfriend. The case received prominence because of its parallels with the Pistorius trial underway at the same time. This crime qualifies as intimate partner violence/murder. There was an abusive relationship characterised by jealousy and controlling on the part of the accused. The accused was sentenced to an effective 20 years imprisonment.
State versus Selowa: This serial rape case, involving 32 complainants, required coordination of court preparation services for victims who were mostly minors. The accused was convicted and sentenced to seven terms of life imprisonment.
State versus Ndlovu and Others: The case involved a muti-murder of a six-year-old girl. Two of the accused were convicted and sentenced to life imprisonment.
62 State versus Khumalo: The accused was convicted of 45 counts relating to the rape, kidnapping, attempted murder and murder (one count) of some 28 victims in the Embhalelenhle Evander area. The accused was sentenced to 22 terms of life imprisonment in respect of the rape charges, 15 years imprisonment in respect of each of the robbery with aggravating circumstances charges, 10 years imprisonment in respect of the each of the kidnapping charges, 10 years imprisonment in respect of the attempted rape charge, and 10 years imprisonment in respect of the robbery charge.
State versus Straughan: A 33–year-old mother of seven was stabbed more than 60 times, mostly in her throat, face and chest. After the accused raped and sodomised her, and while she was still alive, he forced a stick up her private parts, which in terms of Sexual Offence and Related Matters Act, 2007 (Act No.32 of 2007) (SORMA), also constituted rape. As a result, the woman bled to death. The accused was convicted and sentenced to two life terms to be served concurrently with a sentence of life imprisonment he was already serving at the time of sentence.
State versus Maake (radio dating show killer): The accused was convicted of raping, robbing and murdering two women he had met on a Limpopo radio station dating show and was sentenced to life imprisonment.
State versus Martins: During April 2013, the accused was sentenced to 30 years imprisonment following his conviction of the rape of his daughter. The accused had three previous convictions for domestic violence.
State versus Simelane: The accused was convicted on multiple counts of indecent assault (anal penetration) perpetrated prior to the commencement of the SORMA. The accused was sentenced to an effective 25 years imprisonment.
Conviction rate in cybercrime prosecution In line with the JCPS Delivery Agreement, a special focus was placed on the prosecution of cybercrime cases in order to curb this growing international phenomenon. Although new technologies create new criminal opportunities rather than new crime types, cybercrime is an extension of a crime that is committed within cyber space where information and communication technologies are used as an instrument, target or a means for perpetuating further crimes.
During 2013/14, the NPA improved the prosecution of cybercrime cases by finalising 52.9% (73) more cases than in previous year. A total of 211 cybercrime cases were finalised with a conviction rate of 94.8%. Even though a slight decline is noted in the conviction rate achieved compared to the previous year, more cases were finalised during this reporting period. The NPA is reaping results from the special focus placed on the skills development of prosecutors.
Table 25: Annual comparison of cybercrime cases finalised - NPA: 2012/13 – 2013/14
Financial year Convictions Acquittals Total finalised Conviction rate
2012/13 135 3 138 97.8%
2013/14 200 11 211 94.8%
Progress 48.1% 266.7% 52.9% -3.0%
Two units are responsible for dealing with cybercrime cases: NPS and SCCU.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 63 The NPS finalised 65 cybercrime cases with a conviction rate of 83.1%. The target of 74% conviction rate was exceeded with 9.1%. Compared to the previous year, the regions excelled by finalising 37 more cybercrime cases.
Table 26: Annual comparison of cybercrime cases finalised - NPS: 2012/13 – 2013/14 Financial year Convictions Acquittals Total finalised Conviction rate
2012/13 25 3 28 89.3%
2013/14 54 11 65 83.1%
Progress 116.0% 266.7% 132.1% -6.2% See performance of SCCU in Table 27 below.
Noteworthy cases State versus Willy Msukweni and 54 Others: The accused engaged in phishing exercises as a result of which they obtained the victims’ banking details. They also changed their contact details. Earlier one of the masterminds pleaded in the regional court and was sentenced to ten years effective imprisonment. Two other accused subsequently pleaded guilty and were sentenced to three years direct imprisonment.
Number of JCPS officials convicted of corruption The number of JCPS officials convicted of corruption was 73 of which 54 were finalised by the NPS and 19 more serious cases by the SCCU. The departments involved included the SAPS (48 officials), the DoJ&CD (16 officials), the Department of Defence and Military Veterans (2 officials), South African Revenue Service (SARS) (2 officials), NPA (1 official) and the Department of Home Affairs (DHA) (4 officials). 318 new cases were received during this year. Apart from the JCPS officials, 27 officials from other government departments as well as 80 individuals not employed within government departments were also convicted of corruption. The conviction rate of 84.2% maintained in all corruption cases indicates the commitment of the NPA and other departments to address corrupt activities.
Fewer of these cases were received from the SAPS for prosecution than the previous year. The category of persons considered to be JCPS officials was considerably narrowed impacting on the achievement of the target. The SCCU deals with the more complex cases whilst the NPS deals with the less serious matters. Matters take a long time to finalise due to systemic delay and unavailability of role players.
State versus Maphuthuma: The accused, formerly an administrative officer stationed at Tembisa Magistrate’s Court, was convicted on 12 counts of corruption and sentenced to four years imprisonment on each count, the sentences to run concurrently.
State versus Mthati Fortune: The case related to fraud perpetrated by an official of the South African Social Security Agency (SASSA). In accordance with a plea and sentence agreement, the accused was sentenced to 14 years imprisonment of which half was suspended for five years on condition that he forfeit his pension to SASSA and that he testifies against co-perpetrators.
Value of compensation orders obtained During 2013/14, 1 061 orders were granted to the value of R73.2m. Due to a continuous good performance during the financial year, the annual target of R35 million was significantly exceeded by 109.1%, an indication of the NPA’s commitment to the Batho Pele principle of restitution.
64 Table 27: Annual comparison of value of compensation orders obtained: 2012/13 – 2013/14 Orders Value of Orders Value of % of % of Forum granted orders granted orders Progress Progress national national 2012/13 2012/13 2013/14 2013/14
SCCU 109 R29.1m 39.1% 91 R29.4m 40.1% 1.0% -16.5%
NPS 1 116 R45.3m 60.9% 970 R43.8m 59.9% -3.2% -13.1%
All 1 225 R 74.4m 100.0% 1 061 R 73.2m 100.0% -1.6% -13.4%
Court Preparation Programme The contribution made by the dedicated managers, coordinators and court preparation officers (CPOs) of the court preparation programme is invaluable for successful prosecutions. There is still concern that many courts do not have a child-friendly environment, which is negatively impacting on the reduction of secondary traumatisation of witnesses. There is also a limited number of CPOs available and it is becoming more challenging to meet the needs of the NPA’s most vulnerable witnesses.
The purpose of the Ke Bona Lesedi Court Preparation division is to prepare the witnesses for court, empowering them to testify, and thus enhancing prosecution and customer satisfaction. Currently there are 140 CPOs and nine regional managers employed at 79 courts throughout the country. The NPS programme is on par with international trends in countries such as the United Kingdom, USA, Canada, Australia and New Zealand which provide similar services to state witnesses.
The number of witnesses assisted by CPOs for 2013/14 was 96 436 compared to 91 255 for 2012/13, a steady increase in performance. In 2012/13, 22 097 children under the age of 18 years received court preparation services, compared with 23 171 in 2013/14. This reflects a steady increase. The CPOs prepared 2 952 victim impact statements (VIS) in 2013/14. The VIS have proved most valuable at sentencing stage (735 utilised at sentencing). Magistrates and prosecutors have commented on the benefit of VIS for both the court and the complainant providing therapeutic jurisprudence. The CPOs on average conducted 64.6 court preparation sessions per month in 2012/15 which was increased to 69.1month in 2013/14. Overall CPOs are being optimally utilised and have exceeded their targets.
In order to ensure access to justice the NPA has extended CPO services to more rural courts and provided the service in the relevant indigenous language. The court preparation component recognises the importance of educating the community, especially the previously disadvantaged, in light of the high levels of crime perpetrated against women and children. During 2013/14, 567 education programmes were provided nationally.
Stakeholder engagement remains a priority and the court preparation component participates in the National Council against Gender Based Violence, National Victim Empowerment Programme Management, and Inter- departmental Development Committee among others.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 65 Sub Programme 2 Specialised Prosecutions Service
66 NPA Strategic Objective 2: Improved successful prosecution of cases that require specialised prosecution
Sub-programme 2: Specialised Prosecutions Service
Purpose: Specialised Prosecutions Services (SPS) deals with priority crimes litigation, sexual offences and community affairs, and specialised commercial crime.
This sub-programme consists of the following business units which will be discussed below: • Specialised Commercial Crimes Unit (SCCU) • Priority Crimes Litigation Unit (PCLU) • Sexual Offences and Community Affairs (SOCA) Unit
Specialised Commercial Crimes Unit (SCCU) The SCCU is a specialist prosecution unit that hosts specialist prosecution expertise and executes strategies to effectively prosecute complex commercial crimes, including corruption and cybercrime.
Coordination of corruption prosecutions is centralised, irrespective of where the offences were committed.
During 2013/14, the SCCU finalised 1 167 cases with a conviction rate of 93.9% in all courts. During the previous year the SCCU finalised 923 cases with a conviction rate of 91.2% in all courts.
The SCCU supports the JCPS cluster, which has a zero tolerance approach to fraud and corruption as this undermine its efforts to render quality services to communities. During the past year one of the main focus areas of the SCCU was the coordination of all prosecutions of JCPS officials for corruption. 19 JCPS officials were convicted as a result of prosecutions by the SCCU compared to 84 in the previous financial year. The average time to finalise a JCPS corruption prosecution was 12.2 months compared to 15.9 months in the previous financial year.
The SCCU is represented on the different courts structures such as the executive principals’ meeting, the monthly operational meeting, the lower level operational meeting, as well as the ACTT secretariat. The coordinated effort has resulted in 21 persons being convicted in the current year of corruption where the amount involved is more than R5 million. During the previous reporting year, 42 persons were convicted of corruption where the amount involved exceeded R5 million per case. The total for the MTSF is 63, which is 63% of its target of 100 persons. These matters are extremely complex and take a long time to investigate and to prosecute. The SCCU has done exceedingly well.
During 2013/14, 25 prosecutions for corruption where the amount involved exceeded R5 million per case were instituted, compared to 27 in the previous year.
The SCCU obtained compensation orders (payments to victims of crime) of R29.4 million in 2013/14.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 67 Table 28: Progress on Strategic Objective 2: Improved prosecution of cases that require specialised prosecutions: 2012/13 — 2013/14
Sub-programme: Specialised Prosecution Service (SPS)
Performance Against Target
Actual % deviation Actual from planned Strategic Planned target Comment on achievement achievement target to actual Objective 2013/14 deviations 2013/14 achievement 2012/13 2013/14
Conviction Conviction rates fluctuate rate in 92.9% 94% 95.8%13 from year to year and this complex 1.8% performance is in line with commercial (639) (796) (747) the performance of the crime previous years
Recruitment of TCC officials to ensure that there are at least two Number of officials appointed operational 35 43 38 -11.6% at each site was not TCCs finalised – the verification criteria for operational TCC sites were thus not met
13 This conviction rate is for the dedicated commercial crime courts only and does not include the cases prosecuted by the SCCU staff in other courts
Conviction rate in complex commercial crime The SCCU achieved a conviction rate of 93.9% in all courts in which they prosecuted which is a slight deviation (-0.1%) from the annual target and an improvement of 2.7% compared to last year. In the dedicated courts, a conviction rate of 95.8% was obtained compared to 92.9% achieved last year. This achievement is excellent by all accounts 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 last year.
Noteworthy cases One full bench appeal was finalised inState versus Masoaganye and Two Others. The conviction and sentence of the master of the high court, his deputy and one attorney was confirmed. They were charged with five counts of theft totalling R1.2 million. The sentences imposed were 48 years imprisonment (10 years effectively) in relation to the master, 14 years imprisonment (six years effectively) for the attorney, and eight year’s imprisonment for the deputy master of which four were suspended.
State versus Nwafor and Two Others: In this case, the accused were sentenced to 15 years imprisonment each following their convictions for fraud based on a 419 scam.
State versus Patel: The case involved the fraudulent ordering of goods in an identity theft scheme. The accused was convicted of 20 counts of fraud involving a loss of R926 169 and potential loss of R699 000. The accused was sentenced to an effective term of 13 years imprisonment.
State versus Siebers: The accused was sentenced to 15 years imprisonment for theft of R819 372 from her employer.
68 State versus Sani: The accused was convicted of using fraudulent identity documents in order to obtain loans from banks. He was sentenced to 12 years imprisonment.
State versus Hill: The accused was employed by Metalock Medical Services SA. During a two-year period he fabricated invoices and received payments in respect of these forged invoices into his personal bank account. Complainant Metalock is a charitable organisation providing free medical services for patients from Ethiopia and Yemen. The accused was convicted of 54 counts of fraud totalling R2.5 million and sentenced to 15 years imprisonment of which three years were suspended for five years.
State versus Syffert: The accused was employed at Colonial Stone CC as a bookkeeper responsible for, inter alia, payment of creditors and other financial duties. The accused had access to all bank accounts held by Colonial Stone CC and she affected various fraudulent electronic transfers from the complainant’s bank accounts to the bank accounts held by the accused and her husband in the amount of R10 million over a period of four years. She was convicted on 220 counts of fraud and sentenced to 15 years imprisonment, all counts taken together for purposes of sentence.
State versus E Massoudi and Another: The accused were employed by the United Nations World Food Programme regional office in Sandton responsible for southern Africa. The complainant had lost R60 million through the fraud committed. The accused were convicted of 18 counts of fraud totalling R60 million and were sentenced to 25 years imprisonment each.
State versus Chantal Smuts: The accused worked at Sasol Chemical Industries Ltd from 2003 to 2011 as a logistics coordinator. She sold one of the company’s products to Nitro Fertilizer CC for a lesser price. They, however, paid the money directly into her bank account. The prejudice for SASOL was R63. 6 million although she only received R5.7 million. She also received R5 000 from Nitro Fertilizer toward her child’s rugby club school jerseys. On 16 September 2013 she was found guilty on charges of fraud, corruption and money laundering. She was sentenced to 43 years imprisonment but effectively will serve 15 years. This case was finalised by way of a a plea and sentence agreement.
State versus Sithole: The accused was convicted of two counts of fraud of submitting false information to two banks in his home loan applications. He was sentenced to an effective sentence of 15 years imprisonment.
State versus Kweta: The accused was charged with 54 counts of fraud in that he used stolen information to clone credit cards which he used in a shopping spree, spending R87 000. All counts were taken together for purposes of sentence and the accused was sentenced to 12 years imprisonment.
State versus van Rensburg: The accused was a 70-year-old man, who hijacked bank accounts of others by assuming their identity, applying for replacement cards at the bank, forging their signatures and then stealing the funds in the accounts. The accused was convicted of ten counts of fraud totalling R3.7 million and one count of presenting an identify card belonging to someone else as his own. He had 37 previous convictions related to the offences of which he was convicted dating back to 1957. The accused was sentenced effectively to 20 years imprisonment.
State versus Ndlovu: The accused fraudulently represented himself to the complainants as a councillor or employee of Ekurhuleni Metropolitan Council and claimed that the municipality was selling stand number 6807 Extension 9, Vosloorus for R500 000. This was not the case. The complainants paid the accused R450 000 for the stand. The accused was convicted of fraud and sentenced to ten years imprisonment.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 69 State versus Karabo Nyuasa: The accused was employed at Total SA as an acting line human resource manager in retail. She approached one of her family members, Palesa Ntreke, and registered an entity called Censor Consulting CC in the name of Palesa Ntreke. The accused then requested Censor Consulting to become a vendor of the complainant. She then created fictitious invoices to different cost codes. These monies were paid out to Censor Consulting. The accused then approached Palesa Ntreke, informing her that the monies were incorrectly paid to Censor Consulting and the monies must be paid into the accused’s account who will then repay Total SA. The loss suffered by Total SA as a result of the accused’s fraudulent activity was R2. 8 million. The accused was convicted of 22 counts of fraud and sentenced to 12 years imprisonment.
State versus Stiemie and Another: The accused, a tax consultant who stole R1 million from his clients, was sentenced to ten years imprisonment. The second accused was a close corporation which was given a deferred sentence.
Table 29: Progress on programme performance indicators for improved prosecution of cases that require specialised prosecution (SPS)
Sub-programme: Specialised Prosecutions Service
Performance Against Target
% Deviation from planned Actual Planned Actual Performance Target Achievement Target achievement Comment on deviations Indicator to actual 2012/13 2013/14 2013/14 achievement 2013/14
Output 3 cases are complex and take a long time to investigate. A number of cases have been Number of persons enrolled that have not been finalised convicted of 5814 21 due to delays and postponements. corruption where the 42 -63.8% One of the reasons for these amount involved is (100) (63) postponements is that in many of more than R5m these cases reports by forensic accountants have to be obtained which can be time consuming
Very few of these referrals are Number of JCPS received. These cases take longer officials convicted of 8415 42 19 -54.8% to finalise due to unavailability of corruption role players and court time.
Conviction rates fluctuate year to Conviction rate 97.8% 74% 100% year and this performance is in in cybercrime 26% 16 line with the performance of the prosecutions (133) (110) (146) previous years
14This is the NPA APP 2013/14 target which is the balance of the 100 of the JCPS target 15Please note that this figure represents the contribution of sub-programme 2 to the figure reported in the previous financial year of 152 16The figure represents cybercrime cases finalised for the NPA in 2012/13
Number of persons convicted of corruption where the amount involved is more than R5 million The cases are complex and take a long time to investigate. Once the matter is on the court role it is subject to various systemic delays. Unavailability of role players and court time contribute to delays. Trials are drawn out and protracted due to the intricacy of the cases.
70 Noteworthy cases State versus Umthawelanga Consulting Engineers cc and K Mvandaba: The accused defrauded the Department of Public Works in that he misrepresented himself to them as qualified to be placed on their roster system and to render services to them. Tenders of R10 million were awarded. The accused was convicted of 28 counts of fraud and sentenced.
Number of JCPS officials convicted of corruption Fewer of these cases were received by the SCCU from the SAPS and the NPS. The NPS deals with the less serious matters, whilst the complex matters are handled by the SCCU. The cases take a long time to finalise due to systemic delays and the unavailability of role players and court time.
Noteworthy cases State versus Boshoff: The accused was a police commander who embarked on a scheme of submitting fraudulent informer claims. He was convicted of fraud, corruption, obstructing or defeating the ends of justice and theft. He was sentenced to 7 years imprisonment. The state obtained leave to appeal. The appeal court decided in the state’s favour and increased the sentence to 15 years imprisonment.
State versus Lakraj: The accused, an inspector from the Department of Public Works, pleaded guilty to two counts of corruption and was sentenced to 10 years imprisonment wholly suspended for five years. Both counts were taken as one.
State versus Poro: The accused, a constable in the SAPS who took a bribe of R 400, was sentenced to 8 years imprisonment of which 8 years were suspended.
State versus Tshona and Another: Two police officials were convicted of extortion and theft of R1 000. Both were sentenced to 4 years direct imprisonment. The accused demanded an amount of R1 000 from a member of the public in order not to seize a television set.
State versus Msimang: The accused was a SAPS member who defrauded the SAPS out of R130 000 relating to accommodation costs. The accused was convicted of seven counts of forgery and 17 counts of fraud.
State versus Bongani Mdzeke: The accused was a SAPS member who defrauded the SAPS out of R62 500 relating to fraudulent claims for informer fees. The accused was convicted of fraud and sentenced to three years correctional supervision on certain conditions and five years imprisonment wholly suspended for five years on certain conditions, including repayment of R62 500 to the SAPS.
State versus Skosana: The accused was an employee of the Department of Home Affairs who conspired with another employee to defraud the department with regard to subsistence and travel allowance claims. Of the R220 887 so defrauded, the accused received R45 540 as a gratification. The accused pleaded guilty to fraud and corruption. He was sentenced to six years imprisonment, of which two years were conditionally suspended for five years.
State versus Maqebhula: The accused was a member of the SAPS who misused government vehicles. The accused was convicted of two counts of fraud (no monetary value). He was sentenced to a fine of R20 000 or two years imprisonment.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 71 Conviction rate in cybercrime prosecutions During 2013/14, the SCCU achieved 146 convictions in the prosecution of cybercrime cases with a conviction rate of 100%. During the previous year, 110 convictions were obtained with a conviction rate of 100%.
Table 30: Annual comparison of cybercrime cases finalised - SCCU: 2012/13 – 2013/14
Financial year Convictions Acquittals Total finalised Conviction rate
2012/13 110 0 110 100.0%
2013/14 146 0 146 100.0%
Progress 32.7% 0% 32.7% 0.0%
Noteworthy cases State versus Salomina Soekoe: The case involved 233 counts of fraud .The accused was convicted and sentenced to 12 years imprisonment, of which three years were conditionally suspended
State versus Matau and Another: The accused were convicted of 16 counts of fraud and sentenced during November 2013 to ten and eight years imprisonment respectively. This was a cybercrime case involving the presentation of cloned cards.
State versus Mpulampula: The accused was sentenced to 12 years imprisonment for fraud and charges relating to his possession and use of a scheming device and cloned bank cards.
State versus Olujinm Abayami Omitugu and Peter Oladopo Oladele: The accused pleaded guilty and were convicted of offences related to fraud, violations of the Electronic Communications Technology Act, 2002 (Act No. 25 of 2002) (ECTA) and forgery related to the possession and use of counterfeit cards. The accused were found in possession of two cloned Citi Bank Visa Cards. The accused presented the cards to various merchants, including with the intention of buying airline tickets valued at R8 499. Accused one also had in his possession a forged United States of America identity card. Accused one was sentenced to 11 years and accused two was sentenced to ten years.
State versus Nonhlanhla Mazibuko: The used key loggers to steal R 19. 7 million from the Nelson Mandela Metropolitan Municipality. The accused pleaded guilty on 31 May 2013 to various counts of fraud, money laundering and ECT Act charges. The accused was sentenced to an effective term of 15 years imprisonment.
State versus Ndamane: This was a cybercrime case involving only R10 400, a scheming device and three cloned cards, which ended in five years direct imprisonment for the accused.
State versus Guwa: The accused worked as a petrol attendant at an Engen filling station. While on duty he was found in possession of two magnetic card readers as well as a piece of paper with personal identification numbers written on it. Two counterfeit cards were also found in his possession. Having been found in possession of a fraudulent residence permit, it was discovered that the accused is a Malawian citizen and a prohibited person in South Africa. The accused was convicted of various counts of contravening the ECT Act, and the Immigration Act, 2002 (Act No. 13 of 2002) and sentenced to an effective eight years imprisonment.
72 Priority Crimes Litigation Unit (PCLU)
The PCLU is a specialist prosecuting unit in the Office of the National Director, with specific expertise in the prosecution of complex litigation falling within its mandate, as per proclamation issued by the President, and coordinates the prosecution of matters within its mandate in consultation with the relevant DPPs.
The PCLU continued to execute its mandate in managing investigations and prosecuting serious national and international crimes, along with functions assigned to it by the National Director.
Strategic objectives, performance indicators, planned targets and actual achievements The PCLU maintained a 100% conviction rate in the five cases finalised in the reporting period. This achievement was against a target of 66.6% (four out of six cases finalised).
The unit made 27 decisions in respect of matters falling within their mandate against a target of 14. Last year the unit made 13 decisions. The current performance is a 61% improvement on the previous year and is 50% above the target.
All requests for legal opinions were finalised within 14 days of receiving the request. This is in line with the performance of the previous financial year and is a 100% achievement of the set target. The unit fully complied with the NPA’s responsibility for reporting to international bodies.
Noteworthy cases State versus Trollip and Two Others: Accused one, a right-wing extremist, was convicted in the Bloemfontein High Court on a charge of conspiracy to engage in terrorist activities for his role in the thwarted attack on the President and senior Cabinet ministers of the government of the Republic at the African National Congress’ (ANC) Elective Conference in Mangaung. Accused one entered into a plea and sentence agreement with the state and was sentenced to eight years imprisonment. Accused two was declared a state patient, and is detained in a psychiatric facility. Accused three’s trial, on charges of high treason and conspiracy to engage in terrorist activities, is proceeding in the Bloemfontein High Court.
State versus Andre Visagie: The accused, a former secretary-general of the Afrikaner Weerstandsbeweging and the current leader of a right-wing organisation, the Geloftevolk Republikeine, was convicted in the Kimberley Regional Court for unlawfully possessing six self-made shotguns and a 9mm unlicensed firearm, a large quantity of ammunition and parts of a firearm. The accused will be sentenced during the next reporting period.
South African Litigation Centre (SALC) and Another versus NDPP and Others: In this ground-breaking decision relating to universal jurisdiction, the South African Litigation Centre, a non-governmental organisation (NGO), requested the PCLU to investigate high-ranking Zimbabwean government officials for acts of torture committed on the political opposition in Zimbabwe in 2007. These charges were brought within the ambit of the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No. 27 of 2002), which makes provision for extraterritorial jurisdiction. The matter was referred to the SAPS by the National Director. A decision was taken by the National Commissioner not to investigate the complaint. This decision was accepted by the National Director. The NGO lodging the complaint and another public interest body had the decision reviewed by the North Gauteng High Court, which directed that the matter had to be investigated. Leave to appeal the decision was obtained from the Supreme Court of Appeal who, after arguments were advanced by all the parties, directed the SAPS to investigate the matter. No order was made against the National Director and/or the NPA. This important decision was taken to the Constitutional Court by the SAPS.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 73 State versus Steenkamp: The accused was arrested in a trap at a small airfield outside Pretoria for attempting to sell the blue prints of the Makopa missile to foreign governments. The accused pleaded guilty to a charge of contravening the Protection of Information Act, 1982 (Act No. 84 of 1982) and was sentenced to 5 years imprisonment. This offence boils down to espionage and is one of the few convictions relating to the Protection of Information Act.
State versus Kiratzidis and in the State versus Vorster: The two accused were, inter alia convicted in the Phalaborwa Circuit Court on charges relating to a conspiracy to engage in terrorist activities and an attempt to recruit entities to engage in terrorist activities. The accused conspired to detonate improvised explosive devices at the residences of members of the ANC and/or black people as well as on public transport facilities used by black people and/or ANC members. The two accused were sentenced to 12 and 5 years imprisonment respectively. The two accused (in separate applications) sought leave to appeal directly to the Constitutional Court against their convictions and sentences after the dismissal of their petition to the President of the Supreme Court of Appeal. The Constitutional Court subsequently dismissed the appeals.
Missing Persons Task Team (MPTT) The MPTT, a separate project of the PCLU, is mandated to identify and trace the remains of persons who disappeared during the period covered by the Truth and Reconciliation Commission (TRC). The MPTT continued with research and investigations into the identification, tracing and exhumations of the mortal remains of persons who disappeared during the aforementioned period of conflict.
The MPTT successfully closed 23 cases against a target of 20 (+15%).
Noteworthy cases Significant progress was made in resolving the cases where the remains exhumed by the TRC were incorrectly identified. 14 of the cases finalised this year involved the identification of correct remains for families affected thereby. These were all Umkhonto we Sizwe (MK) members killed while operating inside South Africa. Two prominent incidents were involved, namely the “Battle of Mutale River” on 28 March 1988 in Mutale in Limpopo (former Venda area) in which five MK members were killed, and the Alldays incident on 3 August 1988 in Limpopo, in which a further five MK members were killed in undetermined circumstances.
Sithembiso Gambu: This was the MPTT’s first successful outcome of a case relating to the political violence during the period 1990 to 1994. Mr Gambu, a returned exile, disappeared from his Umlazi home in February 1993. The MPTT determined that he had been killed in undetermined circumstances and that his body had been dumped on a highway in the vicinity. His remains were recovered from a pauper’s grave and identified through unique physical characteristics. His remains were handed over to his family and reburied on 8 December 2013.
Kunyamane Ranyaoa (MK Thulani Sibeko): This MK member was alleged to have become an askari. However, the MPTT established that he had in fact died in combat with security forces along with two other unit members on 25 March 1988 near the Botswana border in the Derdepoort area. The MPTT was able to recover his remains, which were identified through DNA, and ensure that his name was cleared within his political organisation and his community. The family had also previously been given incorrect remains by the TRC.
74 Moss Morudu: aged 22 was an activist from Mamelodi who was recruited to an MK unit during 1986 and disappeared in October 1987. Information was obtained by the TRC that he had been abducted by members of the then Northern Transvaal security police and held on a private farm near Hammanskraal. His fate thereafter was not known. The MPTT established that he had been killed and his body blown up in the former Bophuthatswana near Kgomo Kgomo. Excavations on site could not recover any physical remains, and a spiritual repatriation was therefore conducted in partnership with the TRC and the City of Tshwane.
Legal Affairs Division (LAD)
Introduction The Legal Affairs Division (LAD) is a relatively new unit in the NPA established in 2010, some years after the establishment of the NPA. The LAD continued to provide legal advice, monitor and manage civil litigation matters, process requests for mutual legal assistance and extraditions, render assistance to the National Director and the NPA in general through legal opinions on case law and high profile cases. It also conducted vetting of contracts entered into between the NPA and various external parties.
International affairs and mutual cooperation and legal advice
Legal advice The LAD provided legal advice on the draft NPA Amendment Bill, Legal Practice Bill and Superior Courts Act. The unit also provided input to the Minister on a proposal by the SAPS to amend Schedules 1 and 2 to the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992). Legal opinions and assistance were provided on the powers, duties and functions of financial investigators and analysts in the AFU, the prescription of traffic fines and various policies applicable in the NPA.
International affairs and mutual cooperation LAD members participated and represented the NPA in various international structures, viz, the OECD working group on bribery, G20 anti-corruption working group, United Nations Convention Against Corruption (UNCAC), and BRICS anti-corruption sub-committee. As part of the participants in the OECD working group on bribery, a member of LAD acted as lead examiner in the Phase 3 evaluation of the UK and the Czech Republic as well as examining follow-up reports provided by these countries. South Africa’s final phase 3 report was also adopted during the past year. LAD officials also made presentations to the G20 anti-corruption working group in Sydney, Australia on the work of the OECD working group on bribery, South Africa’s whistle-blower legislation and civil and administrative sanctions.
A representative from the unit, and an official in the DoJ&CD was appointed to conduct the UNCAC review of Liberia which included an on-site visit to Liberia. A member from the unit was appointed to the BRICS anti- corruption sub-committee. The purpose is to prepare an informative document for the BRICS national security advisors so as to develop a strategy for the advisors on corruption and to negotiate a strategy with the other BRICS countries. The representative attended various meetings of the sub-committee and provided oral and written input.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 75 Officials from the unit and the DoJ&CD were appointed to attend the annual consultations on mutual legal assistance (MLA) and extradition with the USA department of justice in Washington DC. The representatives attended meetings with the US officials wherein important information was exchanged and progress and status regarding pending cases was discussed. The meetings produced strategies and ways to deal efficiently with matters between the two countries. One of the members from the unit also attended meetings with the officials of the ministry of justice of Taiwan. The purpose of the meeting was to discuss the mutual legal assistance signed in 2013 between South Africa and Taiwan.
During the year, the unit dealt with 104 requests for MLA of which 35 were finalised. 68 were carried over from the previous year and 36 were new requests received. Of these, 31 requests were received from foreign states and five were initiated by South Africa and transmitted to the requested states. The unit also dealt with 48 requests for extraditions. Four of these requests were finalised. 16 requests were received from foreign states and 18 were initiated by South Africa and transmitted to foreign states.
The NPA deals with the incoming formal requests for MLA in which the Minister has issued a notification in terms of the International Co-operation in Criminal Matters Act, 1996 (Act 75 of 1996). These matters are coordinated in the LAD and the necessary assistance in the execution of the request is rendered in conjunction with the offices of the DPPs. In the case of the incoming requests for extradition, the NPA is requested to render the necessary assistance once the Minister has issued a notification in terms of the Extradition Act, 1962 (Act No.67 of 1962).
The outgoing requests in both instances are initiated by the DPP in conjunction with SAPS and the unit has to ensure compliance with relevant international instruments and applicable domestic legislation and thereafter advise the NDPP accordingly as his approval for transmission to foreign states is required.
Two representatives of the LAD were appointed to the task team on trafficking in persons (TiP). As members of the task team, they contributed to the development of the training manual for prosecutors. Training was conducted on TiP to prosecutors in Free State, Western Cape, North West, Limpopo, South and North Gauteng.
One of the members in the unit also attended the 8th Conference of the APA in the Cape Verde Islands, where he delivered a paper entitled “Formal and informal international cooperation in criminal matters”.
Civil actions and motion proceedings The LAD has reached an agreement with the state attorney to instruct or brief NPA members, in particular LAD members, to appear on behalf of the NPA in civil matters. This will go a long way towards saving costs for the government.
Activities of the LAD in relation to civil matters The LAD handles applications (motion proceedings) and civil actions instituted against the National Director and the NPA. Most of these matters arise from criminal proceedings. The applications vary from constitutional attacks on various legislation to declaratory orders against the National Director. During this period, the unit dealt with a number of complex matters. In a number of matters, counsel convinced the State Attorney to settle matters. This was as a result of the incorrect application of the law and misunderstanding of criminal court processes. The LAD successfully intervened and provided the correct legal positions enabling the State to successfully defend these matters. One of those matters is the matter of L Moyakhe which will be discussed below.
76 The unit received 669 civil action matters and dealt with all of these matters. 150 consultations with counsel, the State Attorney and prosecutors were attended on different matters.
LAD officials have drafted and settled 31 pleadings such as discovery, confirmatory and answering affidavits etc.
Noteworthy Cases L Moyakhe versus National Director of Public Prosecutions: Counsel advised the State Attorney to settle the matter after he arrived at a conclusion that the plaintiff was detained without a valid reason. After perusal of the background documentation, the LAD established that the plaintiff was denied bail, he did not appeal the said decision and he was detained on orders granted by the court pending further investigations.
The LAD formed the opinion that the evidence which was presented to the SAPS supported a prima facie case against the plaintiff. The prosecutor who instituted criminal proceedings in court acted on the evidence presented to him. The prosecutors’ conduct was at all relevant times bona fide. Counsel agreed with the opinion of the LAD.
Multi-Choice & E-tv versus DPP and Others: This is a matter in which media houses sought an order to obtain permission to make a live broadcast of the criminal proceedings in the case of Oscar Pistorius. The LAD on behalf of the National Director was able to reach an agreement with media houses on how the live broadcast could be done subject to the court’s permission. As a result of the agreement, e-tv withdrew its application against the NPA and became part of the draft order agreed on. The LAD played a pivotal role in the discussion between the NPA and Multi-Choice until the final agreeable draft order and guidelines were made.
The LAD was able to save legal costs which would have been spent in opposing these applications. This not only benefited the NPA, but the broader justice system and the public which includes the international community.
This was the first broadcast of the whole criminal proceedings of a case. The pivotal role played by the LAD contributed to the promotion of the NPA’s public image across the South Africa and the international community. Through the broadcast the local and international community is being educated about the South African CJS
The National Society for the Prevention of Cruelty to Animals (NSPCA) versus the Minister of Justice and Constitutional Development and the National Director of Public Prosecutions: The NSPCA made an application in the North Gauteng High Court for an order declaring section 7(1)(a) of the Criminal Procedure Act, 1977 (Act 51 of 1977) unconstitutional to the extent that juristic persons are precluded from instituting private prosecutions.
The LAD provided legal opinions, attended consultations, settled the affidavits and attended court. The LAD is awaiting judgment in the case.
Stefan Werner Van Deventer versus the National Director of Public Prosecutions: Mr Van Deventer brought an application in the North Gauteng High Court to have the decision of the National Director not to divert the matter and to continue with the prosecution, reviewed, corrected or set aside. The LAD conducted research and recommended that the application be opposed. A decision was taken to file a notice to oppose. The LAD actively did research, provided a legal opinion, attended consultation, settled the affidavits and awaits set down on the opposed motion roll.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 77 Gaston Savoi versus NDPP and Others: Mr Savoi brought an application in the Pietermaritzburg High Court challenging the constitutional validity of the provisions of section 1 of POCA, dealing with the definition of “pattern of racketeering activity” and “enterprise” on the basis that it was void for vagueness, overbroad and thus unconstitutional. He also challenged section 2(1)(a), (b), (c), (d), (e) and (g) dealing with “the pattern of racketeering” of POCA as void for vagueness and constitutionally invalid. He further challenged section 2(2) to be constitutionally invalid on the basis that it violated his fair trial rights as set out in section 35 of the Constitution. Mr Savoi made a further challenge on Chapter 2 of POCA as constitutionally invalid as it operated retrospectively in violation of section 35(3)(1) of the Constitution and the rule of law.
The high court did not uphold any of these challenges. Instead it declared paragraphs (a)(ii), and (b)(ii) (c)(ii) and (f) of s2(1) of POCA unconstitutional and invalid to the extent only that they contained the words “ought to reasonably have known” in each of the paragraphs. The high court reasoned that the words exposed the accused to a conviction for an offence he had not committed and the possibility of punishing the unintended insensible and unconscious conduct and that the words were vague and unintelligible.
The effect of this declaration was that these words were to be struck out if confirmed by the Constitutional Court. The Constitutional Court found that the challenge on the retrospectively of POCA provisions should fail on the basis that the provisions punish the current planned, ongoing criminality and the criminal sanction attached. As a result, the order of the high court on the constitutional invalidity was not confirmed and the NPA’s appeal was upheld.
The LAD played a crucial role in, arranging and attending consultations with the NPA officials who are involved in the criminal case. The LAD monitored and managed the case to ensure that answering affidavits and heads of arguments were filed in court timeously. The LAD also gave guidance on background to the criminal case to ensure proper application of the law.
Freedom Under Law (FUL) versus NDPP and Others: The LAD played a significant role since the commencement of the matter by studying the application, facilitating the appointment of various counsels, drafting answering affidavits, arranging and attending consultations with NPA officials, providing guidance on prosecutorial guidelines and NPA policy on prosecution to counsel drafting the heads.
Legal vetting of service level agreements The LAD evaluates the NPA SLAs by ensuring that they comply with general principles, standard terms and conditions of contracts. The LAD further ensures that the terms and conditions of the SLAs are sound so as to avoid possible fraud, corruption and litigation against the NPA.
The LAD has evaluated SLAs on 110 occasions in the past financial year and recommended amendments in a number of SLAs.
The LAD evaluated the SLA for SecureData Africa and established that the costs of recovering the damages in the event of breach could be more than the costs of damages. The LAD recommended that the period of 10 and 14 days for remedial action, referred to in the SLA in the event of a breach, was not reasonable given the nature of the services i.e. web and email security, and that it posed a potential threat to the NPA. Accordingly, the response time was reduced to 48 hours.
The LAD was requested to vet the business agreement of Dimension Data and advised that the restrictive liability to a maximum of 1 years maintenance be revised and that liability should be for actual damages suffered by the NPA in respect of the SLA.
78 Sexual Offences and Community Affairs (SOCA) unit The SOCA unit focuses primarily on issues involving the victimisation of women and children. The SOCA develops strategy and policy relating to sexual offences, domestic violence, human trafficking, maintenance matters and young offenders. The broad outcomes that SOCA seeks to achieve are to: • Improve the conviction rate in gender-based crimes and crimes against children • Actively protect vulnerable groups from abuse and violence • Ensure access to maintenance support • Systematically reduce secondary victimisation
Number of Thuthuzela Care Centres (TCCs) The number of operational sites providing services (in line with verification criteria as set out in Annexure A hereto) increased from 35 to 38.
The number of matters reported at Thuthuzela care centre (TCCs) decreased by 2 406 (7.8%) matters, from 33 112 to 30 706.
The number of cases finalised at court increased by 109 (4.8%), from 2 248 to 2 357. The unit finalised the interview process for 21 posts advertised for case managers at TCC sites. The unit provisionally identified four new TCC sites to be established, at Atlantis (Western Cape), Groblersdal (Limpopo), King Williams Town (Eastern Cape) and Madadeni (KwaZulu-Natal) in the next financial year.
Conviction rates in the prosecution of sexual offences reported at TCCs A total of 7 607 cases reported at TCCs were referred to court for prosecution. The percentage of cases reported at TCCs that were referred to court for prosecution, where case managers are appointed, improved during 2013/14 to 49.2% from 48.7% in 2012/13.
The conviction rate in the prosecution of sexual offences reported at TCCs was 65.9% against the target of 64%, which is an improvement of 4.9% on the 61% conviction rate of last year. The actual number of convictions also increased by 13.3% (1 554 compared to 1 372) from last year. The actual prosecutions are conducted by the NPS prosecutors but the SOCA plays a vital role in insuring the success of the prosecution by guiding the investigation and providing victim support services.
The performance of the TCCs is closely monitored and discussed at the provincial oversight committee meeting. The meeting aims to address concerns and challenges in respect of those sites that are not achieving the targets.
Sexual Offences A detailed integrated training programme and manual was developed, including topics, inter alia, on the social context, child witnesses, mind maps of the SORMA legislation, medical examinations, investigations, etc. The content was compiled by a joint group of experts from the SOCA unit, the SAPS, the DoH and the Department of Social Development (DSD), under the lead of the SOCA unit. The content was finalised with additional inputs and sections focussing on stakeholder responsibilities involved at the TCCs. A training schedule was developed. The training sessions were facilitated by the SOCA provincial managers with relevant stakeholders as trainers. Content of this material was also reviewed prior to commencement of the programme, and in total the unit delivered 20 integrated training sessions attended by 564 delegates.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 79 The unit conducted eight decentralised sexual offences training sessions for prosecutors attended by 158 delegates. Based on SOCA’s participation in the Ministerial Advisory Task Team (MATTSO), 36 posts for specialist prosecutors in sexual offences were created and advertised. These posts are located at the identified sites for the dedicated courts and are in line with the MATTSO report and the recommendation made by the DoJ&CD, which identified 57 courts to be established as dedicated sexual offences courts in the next three years.
An Inter-Ministerial Committee (IMC) was introduced based on the urgent need for a national action plan to protect women and children from all forms of violence with the need for a cohesive and strategic approach that will address the root and underlying causes of these atrocities. The SOCA unit continued to form a relevant part of this IMC specifically as a member of the technical team.
A SOCA representative attended the United Nations Office on Drugs and Crime (UNODC) international meeting of experts in Bangkok, Thailand, to develop a model action plan in addressing violence against women.
A SOCA representative attended the roundtable discussion of experts on child pornography in Vienna, during which a presentation was submitted on the legal position in South Africa, the TCC model and related skills development programmes for prosecutors and stakeholders.
Noteworthy cases State versus Jezile: The accused faced charged relating to section 71 of SORMA, involving the human trafficking of a 14-year-old girl, rape, and assault with the intent to do grievous bodily harm. The accused was convicted and sentenced to 22 years imprisonment.
State versus Motapane: The accused was charged with the kidnapping, rape and murder of a four-year-old girl, the daughter of a neighbour. He was convicted on all three charges and sentenced to two life imprisonment terms on the charges of rape and murder, and seven years for kidnapping.
Maintenance matters A total of 194 608 (158 872 in 2012/13) formal and informal maintenance enquiries were processed of which 128 410 (65.9%) were finalised, compared to 101 978 (64.2%) finalised in the previous year, which is a 25.9% improvement with 26 432 more matters finalised.
22 831 civil attachments (section 26 of the Maintenance Act, 1998 (Act No. 99 of 1998)) were facilitated, compared to the 19 510 in the previous year.
The number of reciprocal maintenance orders decreased with 275 orders obtained compared to 320 last year. Three maintenance training sessions were conducted during the year, attended by 50 prosecutors.
Child justice The SOCA unit coordinated the child justice training team to review and amend the contents of the training manual and related directives, in line with the latest developments in law focusing on the CJA. Ten child justice training sessions were conducted, attended by 185 prosecutors.
Comprehensive inputs were provided to the Do&JCD as part of the Inter-sectoral Child Justice Committee meetings to be incorporated into the Annual Parliamentary report by DoJ&CD on diversions, court preparations, training delivered and other related aspects of the CJA.
80 SOCA participated in two SABC3 programmes Doctor’s Orders and the Expresso Show - focusing on women and child abuse.
Domestic violence Four training sessions were conducted on the integrated domestic violence, attended by 54 prosecutors. SOCA participated in the National Implementation Strategy Development Process for lesbian, gay, bisexual, transgender and intersex (LGBTI) workshops. The participants contributed to the development of the intervention strategy by way of participating in a series of workshops and five key priorities were identified in thematic areas. A Ndabezitha Imbizo, themed “Men and Boys Taking the Lead against Domestic Violence”, was conducted. This theme is in alignment with the primary objective of the project, which is aimed at garnering the support of rural men and boys in the fight against domestic violence.
Trafficking in persons Ten training sessions on trafficking in persons, attended by 193 prosecutors, were conducted. The unit attended the Southern African Development Committee (SADC) conference on trafficking and presented the current South African approach to dealing with trafficking in persons. The conference was attended by delegates from African countries in the SADC-region and JCPS cluster colleagues. The focus of the conference was to encourage and also to assist SADC countries in developing counter-trafficking programmes where these are currently lacking. In addition an action plan was developed for each country regarding the implementation of the programmes to be monitored by the executive committee of SADC.
There are currently 17 trafficking in persons cases on the court rolls nationally.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 81 Sub Programme 3 Asset Forfeiture Unit
82 NPA Strategic Objective 3: Ensure that profit is removed from crime
Sub-programme 3: Asset Forfeiture Unit Purpose: Asset Forfeiture Unit (AFU) seizes assets that are the proceeds of crime or have been part of an offence through a criminal or civil process.
Overall the AFU had a very good year, and met six of its eight targets, i.e. 75%. One other target was marginally missed (1.2%) and this was after it was significantly adjusted upwards in the third quarter.
The performance of the AFU over the previous two years has been impacted significantly by a reduction in its legal and financial investigative capacity by about 20% due to budget and other constraints since 2010/11. This impacted particularly on its four main ENE indicators that measure the volume of work done, namely the number and value of freezing and forfeiture orders. In 2012/13, for these indicators: • none of the targets were achieved • on average, performance was 14.7% below target • on average, performance had declined by 18.3% since 2010/11
The AFU devised several strategic initiatives to deal with its challenges, including a focus on high value cases to ensure that value targets are met, and working more closely with the Hawks and the Special Investigating Unit (SIU) in the ACTT to ensure high value cases are ready more speedily for the AFU to take action. It also worked with the prosecution to focus on doing more small confiscation orders. In addition, the lack of capacity was addressed in the NPA, and the AFU is filling most of its vacancies.
Due to these initiatives and an exceptional effort by management and staff, performance in 2013/14 was outstanding. The AFU exceeded the previous highest performance levels in the four main ENE indicators that measure the volume of work done (number and value of freezing and forfeiture order targets). In summary, its performance was on average:
• 31.8% above target • 61.6% better than the previous year • 24.2% better than the best ever recorded performance which was in 2010/11
Table 31: Progress on Strategic Objective 3: Ensure that profit is removed from crime
Sub-programme: Asset Forfeiture Unit
Performance Against Target
% Deviation from Actual Planned Actual planned Strategic Achievement Target achievement Target Comment on deviations Objective 2012/13 2013/14 2013/14 to actual achievement 2013/14
Number of Large increase in smaller confiscation completed 302 312 390 25.0% orders from successful cooperation forfeiture cases with prosecution
Value of freezing Target marginally missed due to delay R518m R710m R701.5m -1.2% orders (Rm) in court
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 83 Number of completed forfeiture cases The AFU achieved its best ever performance, obtaining 390 forfeiture and confiscation orders – an exceptional 21.1% higher than its previous best performance of 322 in 2010/11. This is 25% above its annual target of 312, and 29.1% higher than its performance in 2012/13.
The improved performance was mainly due to the successful collaboration with the prosecution service to increase the number of confiscation orders in relatively small cases. This achieved exceptional results in the Western Cape where the number of such orders has increased by more than 60 per year in the past two years.
Value of freezing orders The AFU achieved its second best ever performance, obtaining freezing orders to the value of R701.5 million, a significant 35.4% above its performance in 2012/13.
However, it narrowly missed the target of R710 million by 1.2% (R8.5 million), mainly because an order of R431 million was not granted due to administrative delays at court.
This target was adjusted upward by 15% during the adjustment ENE process in October 2013 from R615 million to R710 million, while the target for the number of freezing orders was adjusted down by 15% to reflect the increased focus by the AFU on high value cases that make a larger impact.
The greatly improved performance is the result of an increased focus by the AFU on high value cases and its efforts to work more closely with the Hawks and SIU at the ACTT which assisted with finalising investigations and court preparation in big cases more speedily and effectively.
Overall, 64% of the total value of freezing orders came from ACTT cases. As discussed below, R451.6 million was frozen in large corruption cases, an increase of over R100 million from 2012/13.
In addition the AFU strategy of doing as many cases as possible through the civil forfeiture (or non-conviction based) process in Chapter 6 of POCA also played an important role as cases can be prepared for court more quickly as the process is not dependent of the finalisation of the criminal trial.
The impact of this shift is reflected in the proportion of assets frozen through Chapter 6 actions. It was about 17% in the ten years up to 2009, and increased to 26% in the next four years. In 2013/14 it was over 50% for the first time.
84 Table 32: Progress on programme performance indicators to ensure that profit is removed from crime
Sub-programme: Asset Forfeiture Unit
Performance Against Target
% Deviation from planned Actual Planned Actual Performance Achievement Target Target achievement Comment on deviations Indicators to actual 2013/14 2013/14 2012/13 achievement 2013/14 Better investigations from focus on big corruption cases with Hawks and SIU Value of completed R118.5m R170m R296.4m 74.4% and ACTT and more use forfeiture cases of non-conviction based forfeiture to speed up finalisation Initiative with partners to Number of freezing increase inflow of cases 276 281 363 29.2% orders and improved use of capacity More focused on qual- 94.1% 94% 94.2% ity assurance, more use Success rate 0.2% of non-conviction based (289/307) (312) (423/449) forfeiture to reduce risk in big cases 2nd best performance – Value of payments focus on high value cases, to victims of crime in R56m R84.36m better investigation of big terms of court orders R28.6m 50.6% vases at ACTT, more use obtained in terms of of non-conviction based POCA forfeiture Best ever performance – Value of freezing focus on high value cases, orders relating to R300m R451.6m better investigation of big corruption where the R346m 50.5% cases at ACTT, more use amount involved is (R1.3bn) (R1.466bn)18 of non-conviction based more than R5m 17 forfeiture Number of competed forfeiture cases re Few cases with significant 8 11 5 -54.5% JCPS prosecutions benefit referred to AFU for corrupt activities
17 This is a new indicator but the historical information was kept and reported on the narrative of the 2012/13 annual report 18 The figure in brackets is the total for the 5 year MTSF period
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 85 Value of completed forfeiture cases The AFU achieved its best-ever performance, obtaining forfeiture and confiscation orders to the value of R296.41 million – an exceptional 15.3% higher than its previous best performance of R257.1 million.
Performance was an exceptional 74.4% above target and 150.1% above its performance in 2012/13.
As discussed above the improved performance is as a result of good cooperation with the Hawks, the SIU at the ACTT, as well as the strategy to focus on high value cases and doing more cases through civil forfeiture.
This shift is reflected in the proportion of assets forfeited through Chapter 6 actions. It was about 34% in the ten years up to 2009, and increased to 55% in the next four years. In 2013/14 it was about 75%.
The combined impact of focus on working with the ACTT on high value corruption cases, and increased use of Chapter 6 is reflected in the fact that in the last three years, R211.4 million has been forfeited in serious corruption cases. This is 36.7% of the value of all forfeiture orders obtained during the period.
Number of freezing orders The AFU achieved its best ever performance obtaining 363 orders – 9% higher than its previous best performance of 333 in 2010/11. This is 29.2% above its annual target of 281, and 31.5% higher than its performance in 2012/13.
The AFU strategy of doing as many cases as possible through the civil forfeiture (or non-conviction based) process in Chapter 6 of POCA also played an important role as cases can be prepared more quickly as the process is not dependent on the progress of the criminal trial.
Success rate A success rate of 94.2% was achieved, 0.2% above the target of 94%. It was a slight improvement of 0.1% above the performance for 2012/13.
The target was achieved by an increased internal focus on quality assurance, and more use of non-conviction based forfeiture to reduce risk in big cases. However, the AFU was below target during much of the year.
The rapid increase in the target over the past three years (from 90% to 93% to 94%) is not realistic and a reduction to 93% has been agreed by the relevant stakeholders. The focus on higher value cases means that there is much heavier litigation and higher risks of losing cases. There has been an increase in cases where the prosecution is withdrawn or lost from about 33% in the past to 56% (14 of 25) in the current year.
Value of payments to victims of crime in terms of court orders obtained in terms of POCA The AFU achieved its second best ever performance, making payments to the value of R84.36 million, just 10.2% below its best performance of R93.1 million. Performance was an exceptional 50.6% above target and 194% above its performance in 2012/13. The performance was aided by the delays experienced in the previous financial year in completing some high value matters.
The strategy of focussing on high value cases and the good cooperation from stakeholders in the ACTT contributed to this success. It is important to consider the total of payments to victims and the payments to the Criminal Assets Recovery Account (CARA) as it represents the total amount recovered by the AFU. The AFU deposited R98.5 million into CARA, 76% above its annual target and 3.3% above its previous best annual performance of R95.2 million. The total of payments to CARA and victims was an exceptional R182.8 million, a
86 massive 39.4% above its previous best amount of R131.2 million. This compares with its allocated total budget of R123 million for the year.
Over the previous six years, the AFU paid an average of about R90 million per year to CARA or to victims. Its average expenditure was R95 million per year over the period.
Value of freezing orders relating to corruption where the amount involved is more than R5 million The AFU achieved its best ever performance obtaining freezing orders to the value of R451.6 million, 30.6% above its best performance of R346 million. Performance was an exceptional 50.5% above target and 30.6% above its performance in 2012/13. In addition, it narrowly missed obtaining an order for R431.4 million due to administrative delays at court. The greatly improved performance is the result of an increased focus by the AFU on high value cases, and good cooperation with the ACTT as mentioned previously. The ACTT cases made up 64% of the value of all freezing orders and 40% of forfeiture orders in 2013/14. Similarly as previously mentioned the strategy of doing as many cases as possible through the civil forfeiture played an important role in improving finalisation times.
Number of completed forfeiture cases re JCPS prosecutions for corrupt activities Only five orders were obtained, 54.5% below target and 37.5% below the previous year. Performance was not good as there are still relatively few corruption cases involving JCPS officials that are referred to the AFU for recovery of the money, mainly because they usually involve very small amounts or because the benefit is being recovered in other ways. This trend is also reflected in the performance of the SCCU and NPS in regard to the prosecution of these cases. The AFU is to improve the coordination with the NPS and SCCU, and is exploring ways to improve referrals from the SAPS and Independent Police Investigative Directorate (IPID).
Important judgments and cases NDPP versus Olivier: The AFU applied for the forfeiture of a vehicle on the basis that it was used to commit robbery, extortion and fraud. However, Olivier argued that it was actually used in an illegal diamond deal. The court held that vehicle be forfeited as an instrumentality of the criminal activity admitted by Olivier, even though it was not the same as argued by the AFU.
Economic crime NDPP versus Pato (pyramid scheme in Western Cape): The AFU froze and forfeited assets to the value of about R1.8 million from the scheme which promised returns of 300%. Pato defrauded about 5 600 victims, mainly from disadvantaged backgrounds. To date, R1.5 million has been paid to 2 540 victims who were traced with the assistance of the curator bonis.
NDPP versus Burger (SARS fraud in Free State): The AFU, working with the ACTT, the Hawks and the SARS, froze assets to the value of R16 million from Burger who committed VAT, PAYE, SDL and UIF fraud after removing himself as a director of a company. He is facing fraud charges in an ACTT case in the Mathibeng municipality.
Environmental crime NDPP versus Barends and 15 Others (abalone poaching syndicate in Western Cape): The AFU, working closely with the Hawks and NPA Organised Crime Unit, froze assets of about R9 million from a 30-strong abalone poaching syndicate who had benefitted by about R50 million. Notably, this included one of the first cases where it acted against an attorney who had assisted in laundering the proceeds of crime.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 87 NDPP versus Fishing vessel Naham: The AFU worked with the Department of Agriculture, Forestry and Fisheries (DAFF), the Hawks and the NPA Organised Crime component to freeze and forfeit a large international fishing vessel with a Belize flag that had illegally harvested several tons of fish from the West Coast without a valid permit.
NDPP versus Fisherman Fresh: R7 million was frozen from an exporter who tried to export shark meat in excess of its permit. A consignment was stopped by officials from the DAFF and the SARS. It will focus on the damage to the environment and the biodiversity impact.
NDPP versus Nyalunga: Nyalunga was the leader of a rhino poaching syndicate in the Kruger National Park. The Hawks seized R9 million in cash, a Range Rover and a Toyota Fortuner from him which were used as instrumentalities or were the proceeds of the rhino poaching. R1 million was paid to CARA and the balance returned to the victim of the crime, SANParks. It will be used to support its counter-poaching rangers with equipment, training and advanced technology.
NDPP versus Khubeka: The AFU, working with the Hawks, obtained a confiscation order for R3.7 million against a syndicate on basis of common purpose and joint and several liability. It removed coal worth R140 per ton from a coal mine near Middelburg but paid only for coal worth R20 per ton.
Corruption NDPP versus Social Housing Regulatory Authority (SHRA): In cooperation with ABSA and the Financial Intelligence Centre, the AFU assisted National Treasury to recover R61 million meant for human settlement flats in East London unlawfully moved from the SHRA. The AFU froze R59 million in various personal bank accounts. At the time, a sum of R4.8 million had already been dissipated for personal purposes. Once forfeited, the funds will be returned to National Treasury.
NDPP versus Banzana: The AFU froze and forfeited R2.9 million from a former bishop in Port Elizabeth who managed a trust which built RDP houses in Port Elizabeth. He received kickbacks from a construction firm to which he awarded tenders.
NDPP versus Tollo Nkosi and Others: R79 million was frozen by the AFU, working with ACTT and the Hawks, from the former CEO and a former senior manager of the Road Agency Limpopo, as well as Umso Construction and one of its directors. They have all been charged with fraud relating to a R47 million contract to build a bridge over the Olifants River in Limpopo. The contract was subsequently increased to R79 million.
NDPP versus Jacobs Trust: The AFU, working with the SIU and the Hawks, froze R2.5 million from a police official who used family members as beneficiaries of a land distribution grant. He later had himself appointed as a beneficiary and trustee after fraudulently removing the others as beneficiaries. This case has resulted in further investigations of farms valued at more than R120 million where a similar method was used.
88 Sub Programme 4 Office for Witness Protection
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 89 NPA Strategic Objective 4: Ensure threatened witnesses are successfully protected
Sub-programme 4: Office for Witness Protection
Purpose: The Office for Witness Protection (OWP) provides for protection, support and related services to vulnerable and intimidated witnesses and related persons in judicial proceedings in terms of the Witness Protection Act, 1998 (Act No. 112 of 1998).
Table 33: Progress on Strategic Objective 4: Ensure threatened witnesses are successfully protected
Sub-programme: Office for Witness Protection
Performance Against Target
% Deviation Actual Strategic Objective Planned Actual from planned Comment on Achievement Target achievement Target to actual deviations 2012/13 2013/14 2013/14 achievement 2013/14
Improved witness Number of witnesses management, security harmed, threatened and protector special or killed whilst on the 0 0 0 0% training courses witness protection redesigned to ensure programme the safety of witnesses
Table 34: Progress on programme performance indicators to ensure threatened witnesses are successfully protected Sub-programme: Office for Witness Protection
Performance Against Target
% Deviation Actual Actual from planned Performance Planned Target Comment on Achievement achievement Target to actual Indicators 2013/14 deviations 2012/13 2013/14 achievement 2013/14
% of witnesses that 2.5% 3.7% More witnesses left the walked off the witness 1.8% -1.9% programme without protection programme (5) (12) prior notification
Number of witnesses harmed, threatened or killed whilst on the witness protection programme (WPP) During 2013/14 the OWP maintained its performance record for ensuring that no witnesses were threatened or killed while on the witnesses protection programme.
Percentage of witnesses that walk off the WPP Twelve witnesses who no longer wanted to be on the programme, voluntarily left the programme without notice. This is 3.7% of the total number of witnesses on the programme, against a target of 1.8%. In terms of the Witness Protection Act, witnesses and related persons must voluntarily agree to be admitted onto the WPP and sign a protection agreement.
90 Highlights of achievement The OWP played a key role in a number of high profile cases referred to in this report and other cases. The OWP has very high levels of cooperation with its partners and stakeholders guided by section 41 of the Constitution. The outcome of high level cooperation is that 23 life terms and 781 sentences of direct imprisonment were imposed in cases in which witnesses on the WPP testifies. 3 additional guilty verdicts were obtained in which sentence is awaited. In total the related criminal cases involve 104 accused.
160 witnesses and 163 related persons joined the programme during 2013/14. The total number of witnesses and related persons managed, including the 162 witnesses and 176 related persons that were carried over from 2012/13 during the period in witness protection programme was 661.
523 (162%) witnesses attended judicial proceedings. Guided by the intention of the Witness Protection Act, and the values and ethos of the Constitution, 111 witnesses were successfully discharged and resettled. 51 witnesses signed off the witness protection programme and reasons for witnesses signing off the programme were captured. No formal grievances were laid.
The average period that witnesses stayed on the WPP was reduced from 16 months to 15 months against a target of 18 months (16%), through improved cooperation with NPA and judicial proceedings officials. The average turnaround time of OWP service delivery to judicial officials requiring OWP services is three minutes. The average turnaround time of moving vulnerable and intimated witnesses and related persons out of the danger area is one hour.
The OWP is aligned to government’s vision of ensuring the appointment of women from diverse cultural background in leadership positions and to ensure capacity building. Of the nine regional heads, five are women, and 45,06% of OWP staff are women.
The OWP received a request from the Kenyan Witness Protection Agency via the Institute for Security Studies (ISS) to provide training in South Africa to newly appointed protectors and one senior financial officer. The training was done during November and December 2013. The OWP had previously provided in-house training to the Kenyan Witness Protection top management at the OWP head offices and regional offices.
A request was also received from Namibia to assist in establishing a Witness Protection Unit in Namibia and OWP documents were submitted for the attention of Namibia’s Deputy Minister of Justice.
A request was received from the Sweden Witness Protection to obtain in-depth understanding of the South African OWP internationally acclaimed operating model. The visit took place from 3-7 March 2014.
The OWP continues to provide logistical assistance to the UK. The OWP was actively involved in the “Boeremag” trial and four witnesses were placed on the programme.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 91 Sub Programme 5 Support Services
92 Sub-programme 5: Support Services Purpose: Support services provides corporate support services in terms of finance, human resources, ICT, strategy support, communication and risk management to the National Prosecuting Authority.
Introduction The following components constitute Support Services: • Strategy Management Office • Integrity Management Unit • Communication Unit • Finance and Procurement • Human Resource Management and Development • Security and Risk Management • Information Management and Systems
Strategy Management Office The strategy management office (SMO) supports delivery of the NPA strategy and endeavours to make strategy execution a core competency within the organisation. This service centre is responsible for the development of the strategic and annual performance plans (APPs) of the NPA, through consultation with role players. The NPA strategic plan for 2014-2019 and the NPA APP for 2014/15 were finalised and filed within the prescribed timeframes. This was facilitated through strategic review and planning sessions which were held during November 2013.
The enterprise performance management function monitored the implementation of the APP against targets through monthly, quarterly and annual performance overview reporting. In addition, the function submitted the adjusted ENE for 2013/14 and the final ENE for 2014/15.
The enterprise risk management function is discussed under Part C below. The research and policy information function delivered research products which aimed to inform decision making at all levels in the organisation. In addition, the component coordinated the development of an information management strategy for the organisation. The component supported the JCPS cluster’s efforts in regard to research.
A situation analysis report was again delivered in the reporting period covering the additional areas of communication and information management.
All business units and service centres performance reporting templates were captured on Troux and performance reporting is ongoing. There were some challenges in customising the system according to the performance information reporting requirements of the organisation.
During the reporting period the SDIP team attended a two-day Batho Pele forum in East London. This forum serves as enabler to all state departments through regular reporting on progress made with regards to implementation of Batho Pele principles.
A SDIP champions” forum was hosted by the SDIP team. The objective of the forum was to resuscitate the SDIP champions and to seek advice in terms of the review of norms and standards and the annual SDI plan. Preparations for the citizens’ complaints and complements management framework are underway.
The process to align the victims’ charter and Batho Pele principles with the NPA APP is in process.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 93 Communication Unit Public Education and Awareness
Community Television Campaign: The NPA extended its education and awareness initiative to a 26-weekly episode campaign on television. Titled “NPA for my justice”, the 30-minute structured episodes started airing on Tshwane TV in July 2013. The programme covered topics related to the work of the NPA, and explained in each episode the general legal principles applied in prosecuting and managing different types of crime. The programme’s objective was to increase citizens’ knowledge about the law and their rights to access to justice.
Tshwane TV broadcasts terrestrially to communities in Pretoria and surrounds, northwards to areas of Polokwane, and is also available on DSTV (channel 262). This Head: Communications Bulelwa Makeke gives the channel a wide audience across the country.
The programme was subsequently syndicated to other community television stations, namely Alex TV (Gauteng), Cape Town TV (Western Cape) and 1KZN (KwaZulu-Natal). The syndication schedule is still ongoing to other community stations to cover all provinces.
Feedback received from the public on the campaign has led to the concept development for a second season of the television programme, which will be more interactive and dynamic. The concept will be rolled out during 2014/15.
Road shows: The NPA continued to participate in national road shows to educate the public about its work and the law in general. The specific focus was on peri-urban and rural communities where access to information tends to be limited.
Social media: The NPA Facebook page was incrementally used for day to day engagement with the public about the NPA’s events and community outreach programmes. By the end of March 2013, the site recorded a weekly total reach figure of 907 and reflected an average weekly figure of 203 people engaged. Photos, events and information were regularly updated, and during the last quarter of the year the page became the main engagement platform with applicants to the aspirant prosecutor programme for the 2014 intake.
Events and exhibitions: Events and exhibitions were used very efficiently as branding platforms and to profile the work of the NPA. The NPA participated in the Royal Show (KZN); the Rand Show (Gauteng), the Grahamstown National Arts Festival and the Pretoria Spring Show.
Media relations Media continues to be one of the main platforms for information and communication about the work of the NPA. By profiling case outcomes of everyday prosecutions in courts around the country, through media statements and interviews, the performance of the organisation continues to be in the spotlight. The appointment of the National Director was one of the media highlights in profiling the leadership and strategic direction of NPA.
94 Internal communications The NPA’s internal newsletter, Khasho, continued to play an important role in profiling the work of prosecutors and informing staff about important developments within the organisation. The newsletter was also used as a platform to enable prosecutors to share their experiences and best practices when dealing with particular cases. This tool has become a two-way communication platform used also by the staff to provide feedback to management. The newsletter is also published on the NPA’s website to enable access to interested members of the public, including the media.
Finance and Procurement In the 2013/14 financial year, finance and procurement set itself two main goals:
• achieving a clean audit outcome for the NPA in matters falling within our areas of responsibility and • ensuring compliance with Treasury Regulation 8.2.3 for effecting payments within thirty days from receipt of an invoice.
The NPA achieved its first-ever clean audit report in respect of the 2012/13 financial year. This major achievement was made possible by the hard work and dedication of NPA staff and the finance and procurement team. 96.9% of creditors were paid within thirty days. The internal control environment continued to improve. Payment batches are checked against a checklist to detect any possible irregular and fruitless and Head: Finance and wasteful expenditure. Where such expenditure is detected, the matter is investigated Procurement Gordon Hollamby and referred to the expenditure control committee. All loss control enquiries were finalised and contracts / SLAs were drafted within 30 days. Monitoring of supplier performance is constrained by the failure of some business units to submit their monthly reports.
Further measures were taken to ensure the completeness and accuracy of the NPA asset register. In this regard, the fair value process adopted in respect of assets acquired before 2006 was audited and heritage library books and art work at VGM were valued. New asset scanners were procured that interface directly with AssetWare, the NPA’s asset management system.
Fleet availability averaged at 95.52% against a target of 100%, mainly as a result of vehicles being taken for routine services. Bids were issued for a new fleet service provider and for travel services – these bids will be awarded in the new financial year.
The building standards and norms and input for the user asset management plan (UAMP) were submitted and the plan was approved on time. In order to determine the state of our facilities, benchmarking exercises were performed against the approved standards and norms. Finding suitable office accommodation, especially for prosecutors at the lower courts, remains a challenge.
In the supply chain environment, significant progress was made in reducing the turnaround time for disposal requests. Goods and services were procured on time at the right place and right quality in 78.87% of the cases. This indicator tracks the ability of SCM to deliver an efficient service to its customers and measures the number of orders issued within 15 days from date of receiving the request.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 95 The NPA again spent 100% of its budget in the 2013/14 financial year. Virements were performed between economic classifications to ensure the full budget allocation was used. Delays in filling vacancies and the loss of staff through retirement and resignation contributed to underspending on compensation of employees. All inputs for the MTEF, adjustments estimates and the ENE were submitted on time.
Staff debt decreased during the financial year from R10, 7 million to R8, 6 million. This represents an overall decrease of 20% from year to date.
Interim financial statements for 2013/14 were prepared and audited by internal audit. This process assisted greatly with the preparation of the annual financial statements.
Financial operations performed well and as can be seen from our performance on paying creditors within 30 days of date of invoice. Monthly cash flow reports, debtor’s reports, suspense account control reports, bank reconciliations and donor funding income and expenditure reports were prepared and submitted. An invoice tracking system was being developed. This system will be implemented with effect from 1 April 2014.
Security and Risk Management (SRM) Unit Security management services of the NPA continued to focus on the implementation of security programmes guided by the security legislative framework and the approved internal policies. The SRM met its target and achieved the number of planned activities, which has the significant improvement of security services to the NPA, which are as follows:
Provision of protective security (guarding and close protection) services The NPA outsourced the services of security guarding and close protection, to provide such services to all NPA building facilities and the employees who are threatened in the course of their official responsibilities. In this regard, 23 NPA building facilities in Head: Security and all regional divisions received security guarding services on a 24 - hour basis, and 16 Risk Management Tshilidzi Ramahana employees who received death threats were assessed and protected in the period of reporting. The total expenditure incurred for such protection services is R3, 6 million. The SRM conducted 540 site inspections to ensure service level agreement compliance.
Provision and coordination of security services for the NPA events and high profile cases The security management services of the NPA provided security support and coordinated security in 9 high profile cases and 24 organisation events in collaboration with other security agencies and external stakeholders. During this period, there was no incident of physical harm or injuries experienced as a result of security weaknesses.
Provision of information security (personnel (vetting), communication, IT, and document security) The unit conducted 52 educational outreach sessions in, policies, classifications and document security for NPA employees to enhance the management and handling of sensitive information in the organisation. The security management services unit received 58 completed forms from NPA applicants for vetting applying for security competencies. 36 files were completed in vetting fieldwork investigations for the applicants of security vetting. 124 security clearances were finalised and received from State Security Agency during this period of reporting. 718 pre-employment screenings were conducted for the candidates shortlisted and interviewed for positions in the NPA.
96 Provision and facilitation of occupational health and safety programme In pursuance of the occupational health and safety (OHS) programme, the unit facilitated 24 OHS committee meetings in various NPA building facilities. 29 OHS hazard identification and risk assessment (HIRA) inspections and 42 administrative compliance inspections were conducted in the NPA buildings.
Information and Systems Management (ISM) Unit The information and systems management centre of the NPA is responsible for the delivery of information and communication technology (ICT), library and records management services. ISM services are delivered through four directorates: ICT infrastructure, systems development and maintenance, programme management office and records management and library services. All directorates are headed by the office of the chief director information and systems management.
The ICT infrastructure directorate includes services such as telecommunications, IT networks, back-end office support, desktop end-user equipment management while systems development and maintenance includes maintenance of all licensed Head: Information and information application systems and internally SITA developed applications. The Systems Management Denton Serobatse records management services are rendered following the adoption of DoJ&CD’s file plan. A further responsibility of the Document Centre is messenger, mail and courier services. The role of Library Services is to collect and manage open source information, in support of all functions within the NPA. The library provided reading material, mainly books, but also reference books, newspapers, magazines, journals.
The ISM’s strategic objectives for the past year were: • Improved governance through improved ICT governance in support of information management • Improved provisioning of ICT solutions in support of information management and • Enhanced library, information, and records management services The ISM achieved the following:
ICT infrastructure Some of the ICT infrastructure is reaching end-of-life. The current allocated Internet Bandwidth is constantly utilised above 100% capacity, resulting in slow or timeout on network and system response times.
The network was made more accessible with the implementation of wireless connectivity, which is mainly deployed in boardrooms.
Key network infrastructure was upgraded in various offices including DPP Mmabatho, Pretoria, head office and Polokwane.
Further to this all telephony systems were monitored and supported on a daily basis by competent resources; and all licences and software deployed across the NPA environment were captured on a register. Email and internet services were made available to NPA users as per the target with no major email or internet service failures experienced in 2013/2014.
No major service failures were reported except for in the Eastern Cape, Mthatha area, where a cable theft case was reported.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 97 Desktop data backups An average of 75% of desktop back-ups using the CIBECS software was achieved, with an average 65% of laptops users connecting to the network on a weekly basis. This achievement gives assurance that the information contained in the majority of computers used in the NPA environment network are backed up. The Disaster Recovery Plan (DRP) was revised to accurately reflect business continuity arrangements and the testing of disaster recovery (DR) activities. The DRP was audited by both internal and external auditors and no findings were made. A service provider was appointed to collect and store back-up media offsite, and data restore tests were conducted on the first batch of collected tapes in April 2013.
The ISM also secured the appointment of a service provider to provide email archiving and continuity services. The main challenge experienced was the establishment of the DR site by the SITA. The DR site is critical in ensuring that all NPA critical ICT services continue should the main operational data centre of the NPA be affected by a major disaster.
Rollout of end-user equipment The ISM centre has successfully completed the set phases of the laptop roll out project with over 3 000 laptops successfully deployed across the NPA.
Implementation of enterprise document tracking In terms of the National Treasury instruction, each government department must be able to track an invoice from the date it is received until the date it is paid. The Microsoft Dynamics system was customised for enterprise document tracking, and implementation is scheduled for 1 April 2014.
ECMS implementation The development of the Integrated Justice System (IJS) business intelligence key performance indicators were completed as part of the electronic case management system (ECMS) phase 2. The ECMS is an electronic case management system/ application developed for public prosecutors to manage cases and case information electronically. The application allows for the registering of criminal cases manually and electronically by means of integration or case data transfer from the SAPS Case Administration System (CAS) system to ECMS. Development of ECMS and integrations were completed in December 2013 and are currently being tested with the DoJ&CD ICMS solution. Six integrations with the SAPS and DoJ&CD were completed and tested as part of the ECMS Phase 2 solution. This integration will allow the NPA to receive electronic case information from the SAPS, send electronic charge sheet information to the SAPS and the DoJ&CD and receive case outcome information from the DoJ&CD.
ECMS user acceptance testing was conducted in March 2013 and this includes integration with SAPS business end users to the NPA and the DoJ&CD.
Development of the smart phone application, daily court return The NPA identified the need to provide a more advanced process for prosecutors to provide daily court performance information. A solution accessed from any mobile phone, laptop or desktop was presented and accepted. The daily court performance information smart phone application project was kicked off in April 2012 with phase one. The application was completed in December 2013 and the user acceptance testing was done in March 2014. Roll out to the identified sites is planned for June 2014 after the pilot and training is completed.
98 IJS capacity building In establishing a fully-fledged IJS programme office, a permanent IJS programme manager has been appointed to provide programme support, administration and project management. 18 process clerks were appointed during 2012/2013 and an additional 31 ECMS process clerks are in the process of being appointed. The following projects are in the implementation phase: • Bandwidth upgrade • Network switches and • Upgrade of video conferencing
Enhanced library and information services All library books are reflected on the asset register as books found in regional offices not yet on the system were added as well as all new items as these are received. The project to appoint an external valuator for the heritage assets in the Cape Town office was successful and prices were verified and adjusted. User information needs were attended to within the specified time frames. New book requests received were processed, orders numbers distributed and the new material received, processed and added to the system. A total of 60 481 items are recorded in the library catalogue, 5 938 books were issued and renewed and 1 476 information requests addressed.
A turnaround strategy was implemented in the document centre and the main concerns addressed.
Integrity Management Unit (IMU) Human resource management and The IMU oversight report is contained in Part C development (HRM&D) unit of this report The HRM&D oversight report is contained in Part D of this report.
Head: Human Resources Head: Integrity and Development Management Matshidiso Modise Prince Mokotedi
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 99 Strategies to overcome areas of underperformance The success of the implementation of the NPA strategy lies in individual and enterprise performance management (EPM). The NPA will ensure that individual performance, reward and recognition are aligned to the NPA strategic objectives. There is a continued strong focus on monitoring performance at all levels in the NPA which will continue.
The EPM committee was revived in order to address areas of non-performance. This committee adopted a monitoring and evaluation approach whereby the practice of monthly meetings at business unit level and lower were introduced to monitor and evaluate performance at various levels. The committee meets quarterly and business units are invited to present their performance and then propose intervention strategies. Regular feedback on these implemented strategies is provided to the committee. Individual performance is linked to business unit performance in order to synergise efforts to improve outputs.
There has been a shift in focus from measuring outputs to outcomes based measurement (as opposed to output measurement). The outcomes based performance measurement system is new to the NPA and still needs to be imbedded in the organisational culture. The work for every function has been defined in the form of performance agreements, job descriptions and their performance is assessed in line with these functions
Changes to planned targets
The NPA submitted an amended APP in February 2014. The changes were necessitated by the findings raised by the Auditor-General that through a review of the Strategic Plan 2013/18 and the APP 2013/14, there was no direct link or alignment between the strategic objectives and the budget structure. The NPA’s budget allocation is based on the sub-programmes and not according to their objectives. Further, there are objectives and targets that were split between different sub-programmes, making it difficult for the NPA to split the budget accordingly to ensure operational effectiveness and accountability for the achievement of the department’s objectives and targets. This led to the need to adapt the plans to ensure the required alignment. The NPA now has four stra- tegic objectives, each one specifically linked to a sub-programme as reflected in the ENE. Various performance indicators were refined and allocated to each objective. These amendments align budget to performance in a more tangible manner and improve accountability. Sub Programme 5 relates to Support Services, which has it’s own plan not included in the NPA APP 2013/14.
The performance indicator and targets for the “number of backlog cases” was removed from the NPA APP 2013/14. This indicator is reflected within the DoJ&CD APP as the responsibility of the court services in line with the ENE. All performance indicators were adapted accordingly and aligned to each specific sub-programme. Changes to planned targets were effected for the AFU’s 2013/14 performance targets for the number of freezing orders which was adjusted downwards in the adjusted ENE process, due to capacity constraints and a focus on higher value cases. The performance target for the value of freezing orders has been revised upwards, also to focus on high value corruption cases which are fewer in number. In summary the following revisions were made to the planned targets.
100 Table 35: Strategic objectives annual targets for 2013/14 NPA strategic objective 3: Ensure that profit is removed from crime
Actual performance Adjusted Target Strategic objective Original target Reasons for change 2012/13 2013/14
The target was adjusted upward in the AENE 2013 from R615 million Value of freezing orders R518m R615m R710m to R710 million to focus on high value corruption cases, of which there are fewer
Table 36: Programme performance indicator and annual targets 2013/14 NPA strategic objective 3: Ensure that profit is removed from crime
Performance Actual performance Adjusted Target Original target Reasons for change indicator 2012/13 2013/14
Number target was adjusted downward in the AENE 2013 Number of freezing 276 330 281 as a result of human orders resources constraints and focus on high value cases
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 101 Audited Performance Information
Strategic Objective 1: Increased successful prosecution
Sub-programme: National Prosecutions Service
Performance Against Target
Deviation from Actual Actual Strategic Planned Target planned Target to Comment on Achievement achievement Objectives 2013/14 actual achievement deviations 2013/14 2012/13 2013/14
Number of criminal Increased use of court cases finalised 466 800 493 665 505 342 2.4% ADRM including ADRM
Number of criminal Criminal court days court cases finalised 323 390 351 308 329 153 -6.3% reduced with verdict
More cases were Number of criminal identified to be court cases finalised 143 410 142 357 176 189 23.8% diverted from the through ADRM formal criminal justice system Conviction rates fluctuate from year to Conviction rate in 87.5% 87% 88.8% year and the reported 1.8% high courts (1 045) (1 002) (911) performance is in line with the performance of the previous years
Conviction rates Conviction rate in 75.1% 74% 76% 2% fluctuate from year regional courts (28 198) (29 823) (27 246) to year
Conviction rates Conviction rate in 91.1% 87% 93.6% 6.6% fluctuate from year district courts (261 591) (281 589) (273 641) to year
Conviction rate fluctuate from Conviction rates year to year this in the prosecution 61% 64% 65.9% 1.9% performance is in of sexual offences (1 372) (1 376) (1 554) line with the reported reported at TCCs performance of previous years Conviction rates fluctuate from year Conviction rate in 90.7% 90% 88.9% to year and this -1.1% organised crime (273) (178) (394) performance is in line with the performance of previous years Conviction rates fluctuate from year Conviction rate in trio 83.4% 86% 84.1% to year and this -1.9% crimes (1 273) (1 587) (1 597) performance is in line with the performance of previous years
102 Sub-programme: National Prosecutions Service
Performance Against Target
Deviation from Actual Actual Strategic Planned Target planned Target to Comment on Achievement achievement Objectives 2013/14 actual achievement deviations 2013/14 2012/13 2013/14 Conviction rates fluctuates from year Conviction rate in 65.8% 66% 67.1% to year and this 1.1% sexual offences (4 669) (4 683) (5 484) performance is in line with the performance of previous years Conviction rates fluctuate from year Conviction rate 97.8% 74% 83.1% to year and this in cybercrime 11.1% performance is in line prosecutions (133) (17) (54) with the performance of previous years Cases take long to finalise due to Number of JCPS non-availability of officials convicted of 68 86 54 -37.2% role players and corruption19 multiple requests from defence for postponements Fewer compensation Value of orders with higher compensation orders R74.4m R35m R73.2m 109.1% monetary value per obtained order were obtained
19 Please note that the figure of 152 reported for last year was achieved by both sub-programme 1 and 2. The amount of 68 is the actual figure for sub-programme 1
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 103 Strategic Objective 2: Improved prosecution of cases that require specialised prosecutions
Sub-programme: Specialised Prosecution Service (SPS)
Performance Against Target
% deviation from Actual Planned Actual planned target to Strategic Objective achievement target achievement Comment on deviations actual achievement 2013/14 2013/14 2012/13 2013/14 Conviction rates fluctuate from Conviction rate in 92.9% 94% 95.8%20 year to year and this performance complex commercial 1.8% is in line with the performance of crime (639) (796) (747) the previous years Recruitment of TCC officials to ensure that there are at least two Number of officials appointed at each site 35 43 38 -11.6% operational TCCs was not finalised – the verification criteria for operational TCC sites were thus not met Output 3 cases are complex and take a long time to investigate. A number of cases have been Number of persons enrolled that have not been convicted of 5821 21 finalised due to delays and corruption where the 42 -63.8% postponements. One of the amount involved is (100) (63) reasons for these postponements more than R5m is that in many of these cases reports by forensic accountants have to be obtained which can be time consuming Very few of these referrals Number of JCPS are received. These cases officials convicted of 8422 42 19 -54.8% take longer to finalise due to corruption unavailability of role players and court time. Conviction rates fluctuate year to Conviction rate 97.8% 74% 100% year and this performance is in in cybercrime 26% 23 line with the performance of the prosecutions (133) (110) (146) previous years
20 This conviction rate is for the dedicated commercial crime courts only and does not include the cases prosecuted by the SCCU staff in other courts
21 This is the NPA APP 2013/14 target which is the balance of the 100 of the JCPS target
22 Please note that this figure represents the contribution of sub-programme 2 to the figure reported in the previous financial year of 152
23 The figure represents cybercrime cases finalised for the NPA in 2012/13
104 Strategic Objective 3: Ensure that profit is removed from crime
Sub-programme: Asset Forfeiture Unit
Performance Against Target
% Deviation from Actual Planned Actual planned Target to Strategic Objective Achievement Target achievement Comment on deviations actual achievement 2013/14 2013/14 2012/13 2013/14 Large increase in smaller Number of confiscation orders from completed forfeiture 302 312 390 25.0% successful cooperation with cases prosecution
Value of freezing Target marginally missed due to R518m R710m24 R701.5m -1.2% orders (Rm) delay in court
Better investigations from focus on big corruption cases with Value of completed R118.5m R170m R296.4m 74.4% Hawks and SIU and ACTT and forfeiture cases more use of non-conviction based forfeiture to speed up finalisation
Initiative with partners to increase Number of freezing 276 28125 363 29.2% inflow of cases and improved use orders of capacity
More focused on quality 94.1% 94% 94.2% assurance, more use of non- Success rate 0.2% (289/307) (312) (423/449) conviction based forfeiture to reduce risk in big cases Value of payments 2nd best performance – focus to victims of crime in R56m R84.36m on high value cases, better terms of court orders R28.6m 50.6% investigation of big vases at ACTT, obtained in terms of more use of non-conviction based POCA forfeiture Value of freezing Best ever performance – focus orders relating to R300m R451.6m on high value cases, better corruption where the R346m 50.5% investigation of big cases at ACTT, 27 amount involved is (R1.3bn) (R1.466bn) more use of non-conviction based more than R5m 26 forfeiture Number of competed forfeiture cases re Few cases with significant benefit 8 11 5 -54.5% JCPS prosecutions referred to AFU for corrupt activities
24 Target was adjusted upward in the 2013 AENE from R615m to R710m
25 Target was adjusted downward in the 2013 AENE from 330 to 281
26 This is a new indicator but the historical information was kept and reported on the narrative of the 2012/13 annual report
27 The figure in brackets is the total for the 5 year MTSF period
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 105 Strategic Objective 4: Ensure threatened witnesses are successfully protected
Sub-programme: Office for Witness Protection
Performance Against Target
% Deviation from Actual Actual Strategic Objective Planned Target planned Target to Comment on Achievement achievement 2013/14 actual achievement deviations 2013/14 2012/13 2013/14 Improved witness Number of witnesses management, security harmed, threatened and protector special or killed whilst on the 0 0 0 0% training courses witness protection redesigned to programme ensure the safety of witnesses More witnesses % of witnesses that 2.5% 3.7% left the programme walked off the witness 1.8% -1.9% without prior protection programme (5) (12) notification
106 Linking performance with budgets
Table 37: Departmental expenditure per sub-programme 2013/2014 2012/2013
Sub-Programme Final Appro- Actual (Over)/Under Final Appro- Actual (Over)/Under
Name priation Expenditure Expenditure priation Expenditure Expenditure
R’000 R’000 R’000 R’000 R’000 R’000 R’000
National Prosecutions 1 990 747 1 990 747 0 1 920 057 1 920 057 0 Services
National Specialised 241 352 241 352 0 223 383 223 383 0 Prosecutions
Asset Forfeiture Unit 179 789 179 789 0 103 655 103 655 0
Office for Witness 146 471 146 471 0 149 282 149 282 0 Protection
Support Services 509 805 509 805 0 443 447 443 447 0
Total 3 068 164 3 068 164 0 2 839 824 2 839 824 0
The expenditure contributed to the achievement of the outputs indicated above. The primary focus of the NPA is public prosecution and 65% of the total allocation was spent on National Prosecutions Services. In addition, an additional R85 million was spent on curator expenses by the Asset Forfeiture Unit. Support Services provides centralised services such as security, fleet, facilities and IT services.
Departmental receipts The revenue received by the NPA during the financial year relates to non-tax revenue and financial transactions i.e. recoveries from previous year’s expenditure.
Table 38: Collection of departmental revenue in the NPA 2013/2014 2012/2013
Departmental Estimate Actual Amount (Over)/Under Estimate Actual Amount (Over)/Under receipts Collected Collection Collected Collection
R’000 R’000 R’000 R’000 R’000 R’000
Sale of goods and services 1 156 1 273 -117 1 039 1 145 -106 other than capital assets
Transfers 0 0 0 0 100 -100 received
Interest, dividends and 161 1,053 -892 265 364 -99 rent on land
Sale of capital 0 0 0 0 22 -22 assets
Financial transactions 42 10 060 -10 018 1 827 8 856 -7 029 in assets and liabilities
Total 1 359 12 386 -11 027 3 131 10 487 -7 356
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 107 The total departmental revenue received during the 2013/14 financial year increased to R12.4million which is an increase of 18.1% from the total amount of R 10. 5 million received during the 2012/13 year.
Programme expenditure
Table 39: Departmental expenditure 2013/2013 2012/2013
Sub- Final Actual (Over)/Under Final Actual (Over)/Under Programme Expenditure Expenditure Name Appropriation Expenditure Appropriation Expenditure
R’000 R’000 R’000 R’000 R’000 R’000
National Prosecutions 1 990 747 1 990 747 0 1 920 057 1 920 057 0 Services
National Specialised 241 352 241 352 0 223 383 223 383 0 Prosecutions
Assets 179 789 179 789 0 103 655 103 655 0 Forfeiture Unit
Office for Witness 146 471 146 471 0 149 282 149 282 0 Protection
Support 509 805 509 805 0 443 447 443 447 0 Services
Total 3 068 164 3 068 164 0 2 839 824 2 839 824 0 The NPA’s expenditure increased with 8.04% from R2.8 billion in 2012/13 to R3.06 billion in 2013/14. The main contributors for this increase were the cost of living adjustments, a contribution to DoJ&CD for security services at the lower courts and curator payments.
In addition to the above donations received in cash the NPA has also received assets and goods and services to the value of R73,2 million through the IJS. This amount is disclosed as gifts, donations and sponsorships received in kind in the annexures to the Annual Financial Statements (AFS) of the NPA. The IJS assets are disclosed as non-cash additions in the notes to the AFS and forms part of the NPA’s asset register. Earmarked IJS funds were appropriated to the DoJ&CD by National Treasury and forms part of the department’s voted expenditure.
Transfer payments (excl public entities) The NPA transferred R2.4 million to the Safety and Security Sector Education and Training Authority (SASSETA). SASSETA is responsible for the development of an integrated education and training programme for the safety and security sector. The transfer of funds to SASSETA is subject to conditions and it is required to establish and implement an effective, efficient and transparent financial management and internal control system.
Conditional grants and earmarked funds paid Conditional grants and earmarked funds paid are not applicable to the NPA. Conditional grants and earmarked funds received The NPA did not receive conditional grants during the reporting period.
The NPA received additional funding from National Treasury that was earmarked for the reduction of case backlogs (R121 million for 2011/12, R127 million for 2012/13 and R133.7 million for 2013/14). As from the 2014/15 financial year this allocation became part of the NPA’s baseline.
108 Donor funds The table below details the donor funds received during the period 1 April 2013 to 31 March 2014.
Table 40: Summary of donor funding received Name of donor CARA
Full amount of the funding R 40 million
Period of the commitment No period to commitment
Purpose of the funding Curator expenditure
Expected outputs To ensure proceeds realised from forfeited and confiscated property is collected, depos- ited into CARA or paid to the victims promptly at minimum cost to the state
Actual outputs achieved The funding contributed to an increase of the amount paid to victims and CARA
Amount received in current period R20 million
Amount spent by the department (R’000) R10 210 395 – in current financial year and R23 615 845 in total.
Reasons for the funds unspent Spending is on target as set out in drawdown request. The balance will be spent in the new financial year
Monitoring mechanism by the donor CARA funding meetings hosted by the DoJ&CD
Name of donor CARA
Full amount of the funding R9 million
Period of the commitment No period to commitment
Purpose of the funding ACTT human resource development project
Expected outputs The phenomena of serious corruption and legal responsibilities demands stringent action and focus on the management of integrity with regards to the integrated approach and the sensitivity of such cases. The integrity management within the cluster necessitates the development of new models and practices to professionalise the role and function of practitioners in the field of integrity and anti-corruption (PIMAC)
Actual outputs achieved • Resolving of criminal proceeds process workshop with FIC, UK NCA and AFU Inves- tigators – 26-28 February 2014 o Develop performance indicators for financial investigators and analysts o Applying the resolving of criminal proceeds process (RoCPP) to the AFU opera- tional model • Compendium development in conjunction with Tony Waldron from the National Crime Agency (NCA): 17-20 March 2014 • Compendium development workshop with the ACTT, AFU and FIC investigators and analysts: 19 March 2014 • Ministerial approval granted for members from the NPA and the FIC for a advisors study visit to the UK from 31 March to 5 April that will look at the following areas of development: o The NCA operational model with regards to dealing with serious crime based on the multi-disciplinary and integrated approaches o Benchmarking of new RoCPP against the NCA proceeds of crime related practice o Assess the NCA and Crown Prosecution Services best practices towards alterna- tive resolutions for serious and priority crime in dealing with criminal proceeds o Development of operational practice with regards to deal with criminal proceeds
Amount received in current period R 0 (R’000)
Amount spent by the department R396 868
Reasons for the funds unspent The funds have been requested to develop and implement a training programme. Most of the funds will only be used once the training has been developed and will be utilised to roll-out the training to the various partners in the ACTT. This is a long term project and includes the need to do research in and development of the areas listed in the objectives of the project
Monitoring mechanism by the donor CARA funding meetings hosted by the DoJ&CD
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 109 In addition to the above donations received in cash, the NPA also received assets and goods and services to the value of R73.2 million through the IJS. This amount is disclosed as gifts, donations and sponsorships received in kind in the annexures to the AFS of the NPA. The IJS assets are disclosed as non-cash additions in the notes to the AFS and forms part of the NPA’s asset register. Earmarked IJS funds were appropriated to the DoJ&CD by National Treasury and forms part of the department’s voted expenditure.
Capital investment, maintenance and asset management plan The DoJ&CD reports on capital investment under Programme 2 of the Vote.
In order to ensure the NPA’s asset register remained up-to-date during the period under review, three asset verifications in the regions were conducted. Deputy Managers: assets, fleet and facilities were appointed in the regions. These managers were trained and provided with electronic scanners that interface directly with the asset management system, AssetWare. Heritage assets (library books) and art work were valued by experts and the values adjusted accordingly on AssetWare. In addition, the fair value process conducted in 2008 was reviewed and audited to ensure that the values of all assets that were fair valued before are correct.
110 Part C Governance
Operation Clean Audit Campaign
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 111 PART C: GOVERNANCE
Introduction During the 2013/14 financial year, the NPA developed a new governance matrix, taking into account all legisla- tion governing the NPA. The matrix was implemented, the information received was validated and the outcome of the validation was that there is general compliance with the legislation, policies and procedures governing the NPA.
The NPA also implemented an audit action plan that addressed the weaknesses in the organisation’s control and systems environment as well as other weaknesses as identified by the NPA management team. Policies were reviewed to ensure that it is not in contradiction with legislation and gaps were identified and ad- dressed.
Risk management Risk management aims at ensuring that the risks of the NPA are identified and managed effectively. This is to ensure that the strategic, operational and financial objectives of the organisation are met optimally, particularly in compliance with applicable laws and regulations at a reasonable level of assurance. Management has the primary responsibility of managing and reporting on key risks that are faced by the organisation by ensuring that the risk management framework is effectively applied in all areas of business.
The NPA regularly reviews its strategic and operational risks and follows a consistent approach by identifying and prioritising high-risk areas, according to the standard risk-rating guidelines based on impact and likelihood. High risk areas are further analysed to identify potential root causes. This allows the NPA to better understand the context in which risk occurs and enables management and all role players to develop mitigation plans and enhance organisational control. The NPA maintains a risk register and continues to present it to the audit com- mittee as well as other internal governance structures on a quarterly basis, for independent evaluation regarding the effectiveness of the system risk management.
Progress made in the management and or addressing the risks identified by the NPA is underpinned by three key principles i.e. culture, structure and processes.
The NPA seeks to build a strong risk management and control culture by setting the appropriate tone from the top, promoting awareness, ownership and proactive management of key risks and promoting accountability. This will be achieved through further implementation of robust processes and systems for the effective identi- fication, quantification, monitoring mitigation and management of risks. It remains critical to also improve risk management and internal control policies and procedures on an ongoing basis to ensure that such governing documents remain sound, effective and relevant.
112 The NPA has maintained a register of strategic/top risks as outlined in the table below.
Table 41: Top NPA risks and mitigation plans
Risk Actions taken
Emerging crime trends
As the CJS improves, criminal elements find new and innovative Engagements with internal and external stakeholders were methods to commit crime. Technological developments increas- conducted. The purpose of these engagements was to focus on ingly facilitate the commission of crime. Crimes have become the identification of strategies relating to emerging crime trends. faceless and detection and prosecution thereof complex. The Engagements with stakeholders will continue in various forums CJS has not always been able to match the rapid changing to identify these trends criminal environment. This inability to be more flexible and re- The identification of dedicated and skilled prosecutors to man- sponsive, if unchecked, can translate into increased crime levels. age emerging crimes is on an ad hoc basis through consultation Seemingly less serious crime is increasingly being committed in with the heads of business units an organised fashion some of which poses a threat to the local economy Information about priority crimes is shared with the police and the Hawks to speedily or urgently address the cases that re- quires intelligence gathering from all stakeholders involved
Discussions around the evaluation of legislation that seek to ad- dress emerging crimes and trends has commenced
The NPA will re-prioritise its existing budget to re-allocate resources
Resource capacity
Adequate resourcing in terms of people, skills, finances and The process to appoint a service provider to a conduct a work facilities remain central and requisite for the NPA to achieve study in all NPA offices is currently underway its objectives. However, the organisation operates with limited The Workplace Skills Plan is currently being implemented resources, which hampers adequate planning to ensure effective execution of sustainable and efficient operations across all levels Extensive training on POCA conducted for all operational staff within the NPA The AFU is in the process of developing a methodology to mea- sure the impact of training
Posts are advertised and in the process of being filled except for the financial investigators positions which are still awaiting approval
Stakeholder management
The NPA operates in a highly complex value chain with several Quarterly performance monitoring meetings are held with the dependencies. In order to ensure that it achieves its strategic task team and progress reported. The work plan to identify areas objectives, the NPA requires the cooperation of a number of that needs to be prioritised is still to be developed stakeholders. The NPA also does not have any control over the There are joint integrated training programmes for role players role players and sustainable and coordinated stakeholder rela- across the regions tions are essential. Currently the NPA does not have a stakehold- er management strategy to ensure a coordinated and coherent Stakeholder forums for clusters are also available and meet approach to managing stakeholder relations. regularly
The sexual offences courts identification process is complete
Post have been advertised and in the process of being filled
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 113 Risk Actions taken
Information and knowledge management
Non availability of information and knowledge management Information plan has been approved by the CEO and information strategy leads to limitations on service delivery audit conducted. Analysis of the results of the interviews of the information audit is currently underway Change management process has already commenced
Knowledge management audit will be conducted after the de- velopment and implementation of the information management strategy. Elements of knowledge management will be added to the information strategy
The ICT services management has been reviewed
The 3-year ICT plan was approved. However, it will be reviewed in accordance with the services’ management framework
Public perception and reputation of NPA “
The NPA operates in a highly complex value chain that has sev- Various posts have been advertised and are at various stages of eral interdependencies. The public understanding of the NPA is being filled. of paramount importance. It is incumbent on the NPA to educate Cases of unethical conduct detected are investigated and spe- the public about its operations. Lack of understanding of the cific DPP offices are informed of the outcome. Relevant interven- mandate of NPA by the public generates negative perceptions tions are also recommended in cases of repeated occurrence. and damages the image and reputation of NPA” Inspection reports are compiled to determine the need to review or revoke the authorisation to participate in the business.
NPA officials are requested to disclose their participation in busi- ness interest and in case of discrepancies the officials are con- tacted to clarify their roles in such businesses and also afforded opportunity to comply or withdraw.
A comprehensive business unit survey was conducted for Finance and Procurement and IMS. Reports are available and action plans have been developed to address the gaps identified
A schedule on the generic ethics training and awareness was developed and communicated to the business units. Integrity @ work training and awareness sessions were conducted. 6 Ethics Coffee Shops were conducted as at February 2014
Reports on the training conducted are available and forms part of the monthly reporting stats of IMU
NPA created awareness through the community television series called, NPA for my Justice as part of its commitment to educate the public about the work and performance of the organisation and the Criminal Justice System in general. The programme was run until December 2013
15 roadshows and 6 trade fairs have been conducted to date.
114 Fraud and corruption The Fraud and Prevention Response Plan has four pillars, namely, investigation, prevention, detection and ad- vocacy. There is a dedicated sub-component which investigates fraud, corruption and unethical conduct, and is capacitated with experienced investigators. The cases are received through the hotline and walk-ins as well as referrals. The resolution rate for reported cases of unethical conduct rose to 76.6%, and of the 99 cases that were handled, 76 were finalised by the end of the reporting period. Six corruption and related cases are cur- rently being investigated by the SAPS. A detection programme was initiated this year and 53 sites were visited during which where six cases of corruption were detected and investigated.
Minimising conflict of interest A conflict of interest framework, covering, among others, the administration of financial declarations and ap- plications for remunerative work outside the NPA, was drafted and endorsed by management. In the reporting period, 99% of the senior management service (SMS) members declared their financial interests. A comprehen- sive register of employees involved in remunerative work outside the NPA was kept, and 75 of the 79 employ- ees on the register were inspected.
All the SMS members submissions in respect of directorships and performance of remunerative work outside the NPA were verified in the year under review, and 42 discrepancies were detected. The NPA is working with the employees to ensure that the details on the submissions are correct and correspond to the details con- tained in various official databases such as the Companies and Intellectual Property Commission (CIPC). The Department of Public Service and Administration (DPSA) is currently in the process of gazetting the conflict of interest framework for the public service, and this will assist a great deal in respect of formulating NPA policy on conflict of interest management. Currently there are guidelines that have been approved internally to assist in the management of conflict of interest in the NPA.
Code of conduct The leadership of the NPA has committed to the management of integrity and ethics as articulated in the SMS summit. The organisation accepts that we should ‘prosecute with the highest standards of ethics and integrity’. An advocacy programme was rolled out among 1 284 employees through face-to-face workshops and con- ferences throughout the country. The programme, Integrity @ Work, is aimed at institutionalising the values of the organisation which are contained in the code of ethics for the NPA. To date, 450 employees have volun- tarily signed the code of conduct following the roll-out of the Integrity @ Work programme. An ethics blog was launched and activated, and has become an important tool for employees to raise ethical issues and chal- lenges.
Health safety and environment issues The security management service continues to facilitate the improvement of occupational health and safety compliance in the NPA. During the year, the unit developed nine emergency plans for the NPA buildings, and 29 health identification risk assessments (HIRA) were conducted in the building facilities. The unit facilitated 42 OHS administrative compliance inspections. All NPA buildings have dedicated OHS administrative files, and they are inspected regularly.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 115 Portfolio Committee The NPA appeared before the Justice Portfolio Committee on 23 April 2013 and 8 October 2013. At the meet- ing held on 23 April 2013, the NPA presented its Strategic Plan 2013 — 2018 and Annual Performance Plan 2013/14. On 8 October 2013, the NPA presented its 2012/13 annual performance report and introduced the newly appointed National Director of Public Prosecutions, Mr Mxolisi Nxasana.
The NPA values its interaction with the Portfolio Committee and remains grateful for the support it has received in this regard.
SCOPA Resolution The NPA did not have the opportunity during the year under review to appear before SCOPA. The only out- standing SCOPA resolution relates to the accountability status of the NPA. See table below for details.
Table 42: Unresolved SCOPA resolutions
Resolution No. Subject Details Response by the NPA Resolved
Par 3(3.1) of the Accountability The NPA is a programme on the Amendments to the NPA Act No Sixth Report of / governance Justice vote and the DG: DoJ&CD is were proposed to inter alia SCOPA adopted status of the the accounting officer. provide for the appointment of by the National NPA an own accounting officer for SCOPA recommended that the Assembly on 8 the NPA. The Minister returned accountability / governance status February 2008 the draft for further consideration of the NPA be resolved to ensure the and the NPA is in the process of NPA realises its mandate finalising its latest submission
Prior modification to audit report The NPA annually develops an audit action plan to address all the audit findings, including those of internal audit. This audit action plan is monitored by the CEO and the Audit Committee. As the NPA received a clean audit in respect of the 2012/13 financial year, there were no matters that gave rise to a qualification, disclaimer, adverse opinion or matters of non-compliance.
Internal control unit A dedicated internal control unit was established within finance and procurement in 2011. The purpose of this unit is to improve the internal control environment and to prevent and detect fruitless and wasteful and irregular expenditure. All payment batches are checked against checklist to ensure all fruitless and wasteful and irregular expenditure is detected and reported.
Internal audit Internal audit is an independent assurance function within DoJ&CD which provides management and the audit committee with assurance on the adequacy and effectiveness of the governance, performance, risk manage- ment and internal control processes. Internal audit is guided by an internal audit charter approved by the audit committee. A risk-based three-year plan and an annual plan are prepared on an annual basis. The audit com- mittee approves this plan. While respecting the different mandates, internal audit collaborates with the Auditor- General in an attempt to minimise duplication and optimise operational efficiency.
116 Internal audit completed all the planned audit projects for the 2013/14 financial year. Findings are communi- cated to management and significant matters raised on the reports were reported to the audit committee.
The head of internal audit reports functionally to the audit committee and administratively to the accounting of- ficer. The NPA does not have its own internal audit unit, but shares the unit with the department. The NPA has assumed responsibility for the expenditure of internal audit in 2013/14 on a reimbursement basis.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 117 Report of the Audit Committee
We are pleased to present our report for the financial year ended 31 March 2014.
1.1 Audit Committee members and attendance The Audit Committee consists of the members listed below and is required to meet at least four times per annum as per its approved terms of reference. During the current year six meetings and two special meetings were held and one member retired as indicated below.
Name of members Number of Number of Status meetings special meetings attended attended
Mr. Motsamai Karedi (Chairperson) 5 2 Reappointed – 23 January 2013
Mr. Cedric Boltman 5 2 Reappointed – 23 January 2013
Ms. Besky Ngunjiri 5 1 Appointed – 24 February 2012
Ms. Keneilwe Moloko 1 0 Appointed – 24 February 2012 Resigned 28 January 2014
Mr. Wilson Ramabulana 5 2 Reappointed – 23 January 2013
Ms. Livhuwani Vuma 6 2 Appointed – 24 February 2012
Mr. Andy Sello 6 2 Appointed – 9 January 2013
1.2 Audit Committee Responsibility We report that we have complied with our responsibilities arising from Section 38 (1) (a) (ii) of the Public Finance Management Act and Treasury Regulation 3.1.13. The Audit Committee also reports that it has adopted appropriate formal terms of reference as its Audit Committee Charter, which regulates the Committee’s affairs and have also discharged our responsibilities as contained therein.
1.3 The Effectiveness of Internal Control We are satisfied that key controls remained in place throughout the year under review and where shortcomings in the internal controls were identified, management has demonstrated commitment in addressing them through implementation of the audit action plans.
The audit action plans were continuously followed-up by Internal Audit and periodically reviewed by the Audit Committee.
We have also observed a committed leadership that has taken ownership of processes resulting in significant improvement in the management of risks and controls in the recent years.
1.4 Internal Audit The Department of Justice and Constitutional Development’s Internal Audit Unit is also responsible for the auditing of the National Prosecuting Authority. The Internal Audit unit has discharged its responsibilities as per the internal audit plan approved by the Audit Committee for the year.
118 1.5 Quality of In-Year Management and Monthly/Quarterly Report We have reviewed the National Prosecuting Authority’s in-year management / quarterly reports and were satisfied with the content thereof.
1.6 Evaluation of Financial Statements We have reviewed and discussed the annual financial statements with the management and also reviewed the Department’s compliance with legal and regulatory provisions and we are also satisfied that where shortcomings were identified, management has addressed them.
1.7 Auditor-General’s Report The Audit Committee concurs and accepts the conclusions of the Auditor-General on the annual financial statements and is of the opinion that the audited financial statements be accepted and read together with the report of the Auditor-General.
Mr M Karedi Chairperson of the Audit Committee Department of Justice and Constitutional Development including National Prosecuting Authority 31 July 2014
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 119 120 Part D Human Resource Management
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 121 PART D: HUMAN RESOURCE MANAGEMENT
Introduction
Status of human resources The NPA relies on human resources to deliver on its mandate as it is operating in the service environment. Human Resource Management and Development (HRM&D) during the financial year continued to support the whole of the NPA in the management of the human resources needs.
The ideal situation is for every court to function with two prosecutors per court and HRM&D continued to support the organisation to achieve this ideal. Support and assistance was provided to the various business units of the NPA through the provision of the full spectrum of human resources services while still also ensuring that this is done within the parameters of existing legislation and policy prescripts.
The final vacancy rate in the NPA as at 31 March 2014 was 10.2%. Although the vacancy rate has increased significantly compared to the previous period, the decrease in the previous reporting period is due to vacancies that became unfunded when the compensation budget was under strain. Vacancies became funded in the year under review and this contributed to the increase in the vacancy rate.
A permanent National Director assumed duty on 1 October 2013 after a prolonged period of the post being occupied in an acting capacity. This coincided with the filling of the position of DPP: KwaZulu-Natal. All key positions in the organisation are now filled. The post of CEO was also filled. This has brought stability to the organisation, the positive impact of which was already experienced in the second half of the year.
Achievements The employee assistance programme continued to function at an acceptable level following the appointment of a new service provider. This has resulted in increased efficiency in the management of cases where prosecutors, in particular, are assisted to deal with incidents of trauma. Families are also supported as soon as problems are detected. The turnaround was maintained at a high level especially in the provision of support after incidents were reported. Further interventions around the employee assistance programme included marketing and education / awareness campaigns of the services once the service provider was on board. The campaigns were defined and focused on common problems presented by employees during counselling, stress management sessions and trauma debriefing.
In addition, the sport and recreation programmes that were introduced in the previous period received greater momentum in this year as employees began to grasp the importance of physical activities as a contributory factor towards better health in general and specifically to mental and emotional wellbeing.
HRM&D will continue to aggressively market the service in order to improve its uptake in the new financial year.
The WSP and the annual training report (ATR) was submitted to the SASSETA. The implementation commenced immediately and the planned interventions were delivered. Up to 88% and 81% of employees were trained in line with the plan. This percentage excludes all other additional interventions that were done on an ad hoc basis based on requests submitted or identified after the WSP was signed off and submitted.
122 A turn-around in compliance has been cemented with the signing of performance agreements and a culture change achieved. All senior management services members have signed performance agreements timeously except for those who were prevented from signing for reasons that were beyond the control of both the members and the organisation.
The employment equity plan was submitted to the Department of Labour and the NPA continued with the implementation of the employment equity strategy which was negatively affected by the non-filling of posts for a portion of the year. As the filling of posts was only resumed towards the end of the year, the changes to the employment equity figures can only be measured in the new financial year. As part of the employment equity strategy implementation, workshops were conducted to raise levels of awareness around disabilities in the organisation. This resulted in an increased number of disclosures and the number of people with disabilities was raised to 19. It is believed with more awareness sessions, more disclosures will be made.
An additional performance area that HRM&D dealt with in the period was the introduction of service excellence awards. The morale-boosting awards were conducted in the regions and Victoria Griffiths Mxenge (VGM) building and were well received by employees.
Management of leave has largely been brought under control and the NPA can confidently determine the leave liability, a key aspect for the organisation to receive a clean audit.
Significant improvement has been achieved in the management of the state guarantee liability. The focus in the period was on building healthy relations with financial institutions and this has led to an improvement in confirming state guarantees. Through the improved responses from financial institutions, a significant reduction in the state guarantee liability as held by the NPA in this regard has been achieved.
The human resources plan was reviewed and implemented, and the target was exceeded. The excellent performance in the management of discipline contributed significantly to the target being exceeded. All but one target as recorded in the annual performance plan was exceeded. The success rate for court matters was 92%, and for arbitrations was 81%.
Challenges Following a period of operating without a service provider, a new service provider was appointed in the current period to deal with temporary incapacity leave applications. The appointment of the service provider in the second part of the year led to an immediate improvement in the management of temporary incapacity leave. However, some matters dealt with during the period in which there was no service provider remain unresolved. These include grievances that were lodged as a result and matters that were only partly dealt with before the previous service provider discontinued the service.
The utilisation rate of the employment assistance programme remains a concern and there are still indications that some employees are not accessing the service, even when it is needed. Plans are in place to deal with this in the new financial year and it is hoped this will lead to increased utilisation.
Another challenge is that the organisation has not developed sufficiently to identify accurate training interventions that would lead to immediate and observable improvements that are directly related to the spending on training.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 123 424 504 457 658 627 497 (R’000) cost per employee Average personnel Average 28.9% 79.2% 47.7% 47.9% 89.8% 96.0% Personnel expenditure Expenditure as a % of total 0 0 35 287 127 168 261 528 977 504 2,179 2,501 (R’000) (R’000) Expenditure Special Services Professional and cost per employee Average personnel Average 0 0 0 0 10 305 797 3,836 3,836 1,353 2,361 4,826 (R’000) Training Training Expenditure No. of employees 0.1% 2.1% 14.4% 50.7% 31.7% 99.0% 69,871 86,179 147,549 216,820 2,431,496 1,911,077 (R’000) % of total Personnel Expenditure personnel cost 1,268 51,121 353,699 778,359 509,805 146,471 179,789 241,352 1,245,446 2,429,893 3,068,164 1,990,747 (R’000) (R’000) Personnel Expenditure Expenditure Total Expenditure Total Salary band Programme - Personnel costs by salary band for the period 1 April 2013 to 31 March 2014 - Personnel costs by salary band for the period 1 April 2013 to 31 March 1 TOTAL SP 5: Support Services SP 4: Office for SP 4: Office Witness Protection SP 3: Asset Forfeiture Unit SP 3: Asset Forfeiture SP 2: National Specialised Prosecutions Services SP 2: National Specialised Prosecutions SP 1: National Prosecutions Service SP 1: National Prosecutions Lower skilled (Levels 1-2) Skilled (Levels 3-5) Highly skilled production (Levels 6-8) Highly skilled production Highly skilled supervision (Levels 9-12) Senior management (Levels 13-16) TOTAL The % of personnel cost is based on the total personnel cost as per the Vulindlela report which is an amount of R2 455 150 000.00 report The % of personnel cost is based on the total as per Vulindlela 1 Human resource oversight statistics Human resource expenditure Personnel related expenditure 3.1 Personnel related 2014 for the period 1 April 2013 to 31 March by programme 3.1.1 - Personnel expenditure Table 3.1.2 Table
124 0.4% 0.0% 0.2% 0.6% 1.4% 2.6% 2.6% 2.6% costs as a % of personnel Medical aid of personnel costs Medical aid as a % Medical Aid 210 4,338 Medical Aid 10,908 64,700 15,314 33,930 (R’000) Amount 64,700 64,700 (R’000) Amount 0.1% 0.0% 0.1% 0.3% 0.4% 0.9% 0.9% costs 0.9% HOA as a % of personnel costs HOA as a % of personnel 84 1,694 2,409 8,481 22,963 10,295 Home Owners Allowance (R’000) Amount 22,963 22,963 (R’000) Amount Home Owners Allowance 0.0% 0.0% 0.0% 0.0% 0.1% 0.2% 0.2 0.2 costs costs Overtime as a % of personnel Overtime as a % of personnel Overtime 0 127 164 883 Overtime 3,809 2,635 3,809 3,809 (R’000) Amount (R’000) Amount 1.5% 0.0% 26.5% 11.4% 40.7% 80.1% 3 80.1% 80.1% costs costs Salaries as a % of personnel Salaries as a % of personnel Salaries Salaries 782 36,674 649,921 279,867 998,387 1,965,631 1,965,631 1,965,631 (R’000) (R’000) Amount Amount 5 Programme Salary bands - Salaries, Overtime, Home Owners Allowance and Medical Aid by programme for the period 1 April 2013 to 31 March 2014 for the period 1 April 2013 to 31 March - Salaries, Overtime, Home Owners Allowance and Medical Aid by programme - Salaries, Overtime, Home Owners Allowance and Medical Aid by salary band for the period 1 April 2013 to 31 March 2014 - Salaries, Overtime, Home Owners Allowance and Medical Aid by salary band for the period 1 April 2013 to 31 March 2 4 National Prosecuting Authority National Prosecuting TOTAL Skilled (Levels 3-5) Lower skilled (Levels 1-2) TOTAL Highly skilled production (Levels 6-8) Highly skilled production Highly skilled supervision (Levels 9-12) Senior management (Levels 13-16) The purpose of this table is to indicate the percentage of specific identified conditions service. The purpose of this table is to indicate the percentage not included in the total above. service bonus, leave discounting, periodical payments and pension contribution. These are personnel cost includes amongst other: performance rewards, Total Same as footnote 1 & 2 above remunerated at this level due to the higher OSD salary levels. for non-SMS members under salary levels 13 to 16 was incurred reflected The overtime expenditure Table 3.1.3 Table 3.1.4 Table 2 3 4 5
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 125 3 1 76 37 339 339 339 222 Number of Number of employees employees establishment establishment additional to the additional to the 6 8.2% 8.8% 9.8% 7.7% 10.2% 24.9% 10.2% 10.2% Vacancy Rate Vacancy Vacancy Rate Vacancy 12 225 292 4,826 2,932 1,365 4,826 4,826 filled Number of posts filled Number of posts 13 245 389 5,375 5,375 5,375 3,215 1,513 on approved on approved on approved on approved establishment establishment Number of posts Number of posts Salary band Programme TOTAL Senior management (Levels 13-16) Highly skilled supervision (Levels 9-12) Highly skilled production (Levels 6-8) Highly skilled production TOTAL Skilled (Levels 3-5) National Prosecuting Authority National Prosecuting Lower skilled (Levels 1-2) The increase in the vacancy rate from 0.7% to 10.2% in this period is due to unfunded vacancies which were previously removed from the establishment. These posts are now funded and re-created on the establishment as per Blue-Print. now funded and re-created the establishment. These posts are from removed previously 0.7% to 10.2% in this period is due unfunded vacancies which were in the vacancy rate from The increase 3.2 Employment and Vacancies 2014 as on 31 March 3.2.1 - Employment and vacancies by programme Table 2014 3.2.2 - Employment and vacancies by salary band as on 31 March Table 6
126 1 0 0 4 0 0 0 0 0 1 0 2 0 2 2 0 0 0 0 1 0 0 0 1 38 18 29 240 339 Number of to the establishment employees additional 4.5% 2.9% 0.0% 0.0% 3.8% 0.0% 0.0% 0.0% 0.0% 5.7% 0.0% 6.8% 0.0% 0.0% 0.0% 0.0% 8.3% 8.8% 12.9% 10.5% 11.5% 11.8% 33.3% 13.5% 27.3% 36.4% 11.6% 10.2% -33.3% Vacancy Rate Vacancy 5 2 1 9 2 1 4 8 7 4 4 95 21 25 11 30 83 50 69 12 13 10 100 300 563 221 424 2,752 4,826 filled Number of posts 5 2 1 9 3 1 4 4 3 22 26 11 34 96 53 11 74 12 13 10 11 109 103 339 637 241 465 3,076 5,375 on approved on approved establishment Number of posts 7 Critical occupation 8 Senior managers Secretaries & other keyboard operating clerks & other keyboard Secretaries Risk management and security services Protection services Protection Prosecutor Other information technology personnel Other administrative policy and related officers officers Other administrative policy and related Other administrat & related clerks and organisers Other administrat & related Messengers porters and deliverers Head of department/chief executive officer Head of department/chief executive officer Logistical support personnel General legal administration & rel. professionals General legal administration & rel. Library mail and related clerks Library mail and related Financial clerks and credit controllers controllers Financial clerks and credit Librarians and related professionals Librarians and related Financial and related professionals Financial and related Language practitioners interpreters & other commun Language practitioners interpreters Crime investigators Information technology related Communication and information related Human resources related Human resources Client information clerks (switchboard reception information clerks) reception Client information clerks (switchboard Human resources clerks Human resources TOTAL Cleaners in offices workshops hospitals etc. Cleaners in offices Human resources & organisat developm & relate prof prof & organisat developm relate Human resources Social work and related professionals professionals Social work and related Advocates Administrative related NDPP, CEO and DCEO are separately captured under category of HOD. separately captured CEO and DCEO are NDPP, Previous NDPP is still on the NPA establishment - held out of adjustment without remuneration and awaiting Presidential release. and awaiting Presidential establishment - held out of adjustment without remuneration NDPP is still on the NPA Previous Table 3.2.3 - Employment and vacancies by critical occupations as on 31 March 2014 3.2.3 - Employment and vacancies by critical occupations as on 31 March Table 7 8
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 127 0.0% 0.0% 0.0% 0.0% 1.1% 1.1% 1.7% 1.7% 13.3% 12.5% 100.0% 100.0% % of SMS posts vacant % of SMS posts vacant 1 1 0 0 2 2 0 0 1 4 1 4 vacant vacant Total number of SMS posts Total number of SMS posts Total 0.0% 0.0% 86.7% 87.5% 98.9% 98.9% 98.3% 98.3% 100.0% 100.0% 100.0% 100.0% % of SMS posts filled % of SMS posts filled 0 0 4 4 13 14 90 90 123 117 230 225 filled filled Total number of SMS posts Total number of SMS posts Total 1 1 4 4 15 16 91 91 123 117 234 229 SMS posts SMS posts Total number of funded Total number of funded Total SMS level SMS level NDPP NDPP Salary Level 16 Salary Level 16 Salary Level 15 Salary Level 15 Salary Level 14 Salary Level 14 Salary Level 13 Salary Level 13 TOTAL TOTAL 3.3 Filling of SMS Posts 2013 3.3.1 SMS post information as on 31 March Table 3.3.2 SMS post information as on 30 September 2013 Table
128 0 0 0 0 0 0 in 6 months but filled 12 Number of vacancies per level not filled Filling of posts 0 0 0 0 0 0 months of becoming vacant Number of vacancies per level filled in 6 0 0 0 8 6 14 Advertising in 6 months of becoming vacant Number of vacancies per level advertised SMS level Reasons for vacancies not filled within 12 months of a higher salary offers found candidates requested they were not found and where Strategy was advertised a number of times, in some cases suitable candidates were One post of Chief Director: the offers. than the level advertised and thus rejected 2014 and advertising. All the posts became vacant between period November 2013 and March than 6 months before vacant for more to above were None of the funded vacant posts referred of being filled. in the process are Reasons for vacancies not advertised within 6 months No disciplinary steps required. Reasons for vacancies not filled within 6 months No disciplinary steps required. NDPP Salary Level 16 Salary Level 15 Salary Level 14 Salary Level 13 TOTAL Table 3.3.3 Advertising and filling of SMS posts for the period 1 April 2013 and 31 March 2014 3.3.3 Advertising and filling of SMS posts for the period 1 April 2013 31 March Table 3.3.4 Reasons for not having complied with the filling of funded vacant SMS - Advertised within 6 months and filled 12 after becoming Table 2014 vacant for the period 1 April 2013 to 31 March timeframes for filling SMS posts within 12 months the period 1 April 2013 3.3.5 Disciplinary steps taken for not complying with the prescribed Table 2014 to 31 March
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 129 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% evaluated % of posts 0 0 0 0 0 0 0 0 0 Posts downgraded Number 0 51 32 83 0.0% 0.0% 0.0% 0.0% 1.3% 0.1% 0.0% 1.5% 11.4% Total evaluated % of posts 0 1 1 2 0 0 0 0 2 0 83 35 46 Posts upgraded White Number 0 7 2 9 0.0% 0.0% 0.0% 0.0% 1.0% 0.4% 1.2% 0.0% 0.7% Coloured % of posts salary band evaluated by 0 0 0 0 6 5 0 0 1 0 1 37 26 Asian Number of Jobs Evaluated Jobs 1 0 20 12 42 29 71 244 543 402 5,375 2,653 1,500 African on approved on approved establishment Number of posts Salary band Beneficiary TOTAL Senior Management Service Band D (Level 16) Senior Management Service Band C (Level 15) Senior Management Service Band B (Level 14) Senior Management Service Band A (Level 13) Highly skilled supervision (Levels 9-12) Highly skilled production (Levels 6-8) Highly skilled production Skilled (Levels 3-5) Female Male TOTAL Employees with a disability Lower skilled (Levels 1-2) 3.4 Job Evaluation 2014 3.4.1 - Job Evaluation by Salary band for the period 1 April 2013 to 31 March Table 2014 upgraded due to their posts being for the period 1 April 2013 31 March of employees whose positions were 3.4.2 - Profile Table
130 41 0.8% Reason for deviation JE Outome (Circular 25 of 2009) JE Outome (Circular 25 of 2009) JE Outome (Circular 25 of 2009) JE Outome (Circular 25 of 2009) JE Outome (Circular Counter offer Counter offer Counter offer 1 of 2009 Circular 25 of 2009) JE Outome (Circular 25 of 2009) JE Outome (Circular Cirular 1 of 2009 Internal transfer to a lower post Counter offer Job evaluation Internal transfer to a lower post 1 of 2009 Circular 9 8 7 6 8 8 7 5 7 8 16 12 12 12 12 11 Remuneration level 7 7 5 5 7 7 5 4 6 7 15 11 11 11 11 10 Job evaluation level 3 5 1 1 1 1 1 1 2 7 2 1 1 1 2 11 Number of employees Occupation Personal Assistant Personal Assistant Secretary Secretary Deputy CEO Practitioner Human Resource HRM Deputy Director: Administrative Officer Payments Deputy Director: Administration Deputy Director: Administration Clerk Senior Specialist: Performance Info Management Researcher Operator Switchboard Officer Court Preparation Registry Clerk Supervisor number of employees whose salaries exceeded the level determined by job evaluation Total of total employed Percentage Table 3.4.3 - Employees with salary levels higher than those determined by job evaluation by occupation for the period 1 April 2013 to 31 March 2014 the period 1 April 2013 to 31 March 3.4.3 - Employees with salary levels higher than those determined by job evaluation occupation for Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 131 7 0 0 6 1 34 41 6.4 5.2 2.8 5.6 5.4 10.2 Total Turnover rate Turnover 7 1 8 0 0 5 1 15 68 10 48 116 263 White 3 0 3 0 department Terminations and Terminations transfers out of the 1 3 0 0 10 28 69 Coloured 185 296 2 1 3 0 department transfers into the Appointments and Asian 10 18 252 520 358 469 1,057 2,231 4,915 5 0 22 27 Number of - 1 April 2013 African employees at beginning of Period Gender Salary Band Female Male TOTAL Employees with a disability Lower skilled (Levels 1-2) Skilled (Levels 3-5) Highly skilled production (Levels 6-8) Highly skilled production Highly skilled supervision (Levels 9-12) Senior Management Service Band A (Level 13) Senior Management Service Band B (Level 14) Senior Management Service Band D (Level 16) Contracts TOTAL 3.5 Employment Changes 2014 3.5.1 - Annual turnover rates by salary band for the period 1 April 2013 to 31 March Table Table 3.4.4 - Profile of employees who have salary levels higher than those determined by job evaluation for the period 1 April 2013 to 31 March 2014 period 1 April 2013 to 31 March of employees who have salary levels higher than those determined by job evaluation for the 3.4.4 - Profile Table
132 0 0 0 0 0 0 0 0 0 0 0 0 0 50 10 39 4.4 2.5 6.3 3.6 6.4 4.7 6.9 22.2 Turnover rate Turnover 0 1 0 2 0 5 6 0 1 1 0 3 0 0 0 0 0 2 0 0 0 33 12 16 out of the department Terminations and transfers and Terminations 1 1 0 1 0 0 2 2 2 0 2 1 5 1 0 2 1 0 2 1 4 0 23 19 fers into the department Appointments and trans - 9 7 1 2 3 4 1 2 9 1 1 0 1 16 55 78 27 28 10 64 29 41 746 472 April 2013 beginning of period - 1 Number of employees at Critical Occupation Administrative related Advocates Cleaners in offices workshops hospitals etc. Cleaners in offices Client information clerks(switchboard reception information clerks) information reception clerks(switchboard information Client Communication and information related Crime investigators Finance and economics related Financial and related professionals Financial and related Financial clerks and credit controllers Financial clerks and credit General legal administration & rel. professionals General legal administration & rel. Head of department/chief executive officer Head of department/chief executive officer Human resources & organisat developm & relate prof & organisat developm relate Human resources Human resources clerks Human resources Human resources related Human resources Information technology related Language practitioners interpreters & other commun Language practitioners interpreters Librarians and related professionals Librarians and related Library mail and related clerks Library mail and related Logistical support personnel Messengers porters and deliverers Other administrative & related clerks and organisers Other administrative & related Other administrative policy and related officers Other administrative policy and related Other information technology personnel Other occupations Table 3.5.2 - Annual turnover rates by critical occupation for the period 1 April 2013 to 31 March 2014 3.5.2 - Annual turnover rates by critical occupation for the period 1 April 2013 to 31 March Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 133 9 0 5.4 2.1 8.7 3.9 5.4 Turnover rate Turnover 2 2 4 0 16 157 263 6.8% 0.4% 3.8% 0.0% 0.0% 8.7% 0.0% 5.4% 44.9% 18.3% 17.1% 100.0% out of the department % ot Total Resignations % ot Total Terminations and transfers and Terminations 1 0 0 0 18 48 10 23 45 0 0 0 2 0 118 263 224 296 Number fers into the department Appointments and trans - 4 97 23 103 178 2,903 4,915 April 2013 beginning of period - 1 Number of employees at 11 Termination Type Termination Critical Occupation 10 - Reasons why staff left the department for the period 1 April 2013 to 31 March 2014 left the department for period 1 April 2013 to 31 March - Reasons why staff 9 Death Resignation Expiry of contract Dismissal-operational changes Dismissal-misconduct Dismissal-inefficiency Discharge due to ill-health Retirement to other Public Service Department Transfer Other TOTAL number of employees who left as a % total employment Total Prosecutor Protection services Protection Risk management and security services Secretaries & other keyboard operating clerks & other keyboard Secretaries Senior managers Social work and related professionals professionals Social work and related TOTAL The contract expiries above are only employees who left the NPA where the contracts were not extended. the contracts were where only employees who left the NPA The contract expiries above are to the Department of Justice and Constitutional Development. transferred 23 employees were out of the NPA, Of the 45 employees who transferred Total of 10 corruption cases were dealt with, 4 of which were carried over from previous year, 9 were finalised as follows: 3 dismissals, 2 disputes under appeal, 1 suspension without pay, 1 resignation, 1 withdrawn due to a lack of witnesses and not guilty. 1 finalised as follows: 3 dismissals, 2 disputes under appeal, 1 suspension without pay, 9 were year, previous carried over from dealt with, 4 of which were of 10 corruption cases were Total Table 3.5.3 Table 9 10 11
134 0.0% 0.0% 49.5% 77.8% 43.8% 71.4% 70.9% 80.8% 39.3% 50.0% 60.0% 81.3% 25.0% 77.8% 82.8% 107.4% 114.8% 200.0% 100.0% 100.0% 100.0% 461.0% 100.0% occupation a % of employees by Notch progression as Notch progression 7 7 5 0 1 6 6 1 1 2 7 1 0 1 39 63 31 11 52 24 369 507 189 salary level Progressions to an - Progressions other notch within a 0.7% 0.0% 0.0% 0.0% 1.8% 0.0% 6.4% 0.0% 3.6% 0.0% 4.7% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 14.2% 50.0% 10.0% cupation - Salary level pro employees by oc - motions as a % of 5 0 0 0 1 0 5 0 1 1 1 0 3 0 0 0 0 0 0 0 0 0 67 other salary level Promotions to an - Promotions 9 7 1 2 3 4 1 2 9 1 1 1 16 55 78 27 28 10 64 29 41 746 472 2013 Employees 1 April Occupation Administrative related Administrative related Advocates Cleaners in offices workshops hospitals etc. Cleaners in offices Client information clerks (switchboard reception information clerks) reception Client information clerks (switchboard Communication and information related Communication and information related Crime investigators Finance and economics related Finance and economics related Financial and related professionals professionals Financial and related Financial clerks and credit controllers controllers Financial clerks and credit General legal administration & rel. professionals professionals General legal administration & rel. Head of department/chief executive officer Head of department/chief executive officer Human resources & organisation development & related professionals professionals related & development organisation & resources Human Human resources clerks Human resources Human resources related related Human resources Information technology related Information technology related Language practitioners interpreters & other commun Language practitioners interpreters Librarians and related professionals professionals Librarians and related Library mail and related clerks Library mail and related Logistical support personnel Messengers porters and deliverers Messengers porters and deliverers Other administration & related clerks and organisers Other administration & related Other administrative policy and related officers officers Other administrative policy and related Other occupations Table 3.5.4 - Promotions by critical occupation for the period 1 April 2013 to 31 March 2014 by critical occupation for the period 1 April 2013 to 31 March 3.5.4 - Promotions Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 135 70.1% 85.6% 56.5% 70.9% 53.9% 75.0% 73.9% 80.0% 73.0% 56.4% 83.1% 77.5% 73.9% occupation a % of employees by Notch progression as Notch progression by salary bands Notch progressions Notch progressions as a % of employees 3 83 13 73 96 8 2,034 3,632 214 786 697 1,927 3,632 salary level a salary level Progressions to an - Progressions other notch within a Progressions to Progressions another notch within 6.5% 0.0% 0.0% 1.9% 0.6% 0.0% 5.6% 0.0% 0.0% 0.5% 6.7% 5.6% 12.6% cupation level - Salary level pro employees by oc - motions as a % of Salary bands employees by salary promotions as a % of promotions 0 0 2 1 0 189 276 0 0 7 156 113 276 other salary level Promotions to an - Promotions Promotions to Promotions another salary level 4 97 23 103 178 2,903 4,915 10 293 899 1,393 2,320 4,915 2013 2013 Employees 1 April Employees 1 April Occupation Salary Band Lower skilled (Levels 1-2) Skilled (Levels 3-5) Prosecutor Prosecutor Highly skilled production (Levels 6-8) Highly skilled production Protection services Protection Highly skilled supervision (Levels 9-12) Risk management and security services Senior Management (Levels 13-16) Secretaries & other keyboard operating clerks & other keyboard Secretaries TOTAL Senior managers Social work and related professionals professionals Social work and related TOTAL Table 3.5.5 - Promotions by salary band for the period 1 April 2013 to 31 March 2014 by salary band for the period 1 April 2013 to 31 March 3.5.5 - Promotions Table
136 0 0 0 37 19 21 11 171 460 439 184 163 305 4,826 3,535 2,974 1,352 4,826 Total Total 1 0 22 84 11 438 556 0 0 0 0 4 14 33 31 23 White 556 455 White 0 7 0 10 32 129 178 Indian 0 0 0 0 0 4 12 11 10 178 141 0 3 0 34 144 109 290 Indian Female 0 0 0 1 0 4 3 Coloured 55 38 290 190 Female 7 21 11 606 592 161 1,398 Coloured African 0 0 4 0 16 32 28 2 0 2 259 230 833 53 34 1398 353 444 White African 1 7 0 1 57 16 82 0 0 1 3 0 5 41 12 55 444 330 Indian White 1 9 0 6 45 136 197 Male 0 0 0 0 0 4 2 4 8 82 64 Coloured Indian 9 0 38 83 440 0 0 1 0 0 7 1,111 1,681 Male 15 14 10 197 150 African Coloured 0 0 7 0 19 57 87 99 47 1,681 1,372 African Occupational band Occupational category Craft and related Trades Workers Trades Craft and related Plant and Machine Operators Assemblers Elementary Occupations TOTAL Employees with disabilities Skilled Agriculture and Fishery Workers Skilled Agriculture Service and Sales Workers Clerks Technicians and Associate professionals and Associate professionals Technicians Professionals Legislators, Senior Officials and Managers Legislators, Senior Officials Top Management Top Senior Management Professionally qualified and experienced specialists mid-management Professionally Skilled technical and academically qualified workers, junior management, supervisors, foremen Semi-skilled and discretionary decision making Semi-skilled and discretionary Unskilled and defined decision making TOTAL 3.6 Employment Equity 2014 categories as on 31 March number of employees (including with disabilities) in each the following occupational 3.6.1 - Total Table Table 3.6.2 - Total number of employees (including employees with disabilities) in each of the following occupational bands as on 31 March 2014 bands as on 31 March number of employees (including with disabilities) in each the following occupational 3.6.2 - Total Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 137 1 3 1 0 8 32 30 29 11 229 296 781 793 214 2,083 3,908 Total Total 8 0 0 0 1 0 9 0 5 8 0 1 48 161 270 492 White White 6 0 0 1 0 0 7 0 2 5 0 0 51 82 21 161 Indian Indian 0 0 1 4 0 0 0 0 1 17 22 20 67 27 115 229 Female Female Coloured Coloured 0 1 8 1 0 2 8 4 92 14 98 116 483 367 110 1,068 African African 0 1 2 8 0 0 0 2 0 2 11 10 17 179 201 409 White White 0 0 1 5 0 0 6 0 1 6 1 0 0 34 38 80 Indian Indian 0 1 1 1 0 0 4 5 0 0 14 17 24 25 Male 103 161 Male Coloured Coloured 1 0 0 0 5 0 3 18 79 10 56 108 214 791 242 1,308 African African Occupational band Occupational Bands Top Management Top Top Management Top Senior Management qualified and experienced specialists mid-management Professionally Skilled technical and academically qualified workers, junior management, supervisors, foremen decision making Semi-skilled and discretionary Unskilled and defined decision making TOTAL Senior Management Employees with disabilities Professionally qualified and experienced specialists mid-management Professionally Skilled technical and academically qualified workers, junior management, supervisors, foremen foremen supervisors, management, junior workers, qualified academically and technical Skilled Semi-skilled and discretionary decision making Semi-skilled and discretionary Unskilled and defined decision making TOTAL Employees with disabilities Table 3.6.3 - Recruitment for the period 1 April 2013 to 31 March 2014 3.6.3 - Recruitment for the period 1 April 2013 to 31 March Table 2014 for the period 1 April 2013 to 31 March 3.6.4 - Promotions Table
138 1 0 1 19 16 263 100 127 104 Total Total 0 0 0 0 0 24 12 12 White 7 0 0 0 5 4 0 0 1 White Indian 0 1 0 7 3 0 0 3 2 Female Coloured Indian 0 0 1 4 10 92 46 31 3 Female African Coloured 1 0 0 1 0 9 21 11 White 20 0 0 0 3 2 0 0 1 African Inidan 5 0 0 0 2 0 0 12 10 Male White Coloured 1 0 8 0 0 3 99 30 58 African Indian Male 6 Coloured 60 African Occupational Bands Disciplinary action TOTAL Employees with disabilities Semi-skilled and discretionary decision making Semi-skilled and discretionary Unskilled and defined decision making TOTAL Skilled technical and academically qualified workers, junior management, supervisors, foremen Top Management Top Senior Management qualified and experienced specialists mid-management Professionally Table 3.6.5 - Terminations for the period 1 April 2013 to 31 March 2014 for the period 1 April 2013 to 31 March 3.6.5 - Terminations Table 2014 3.6.6 - Disciplinary action for the period 1 April 2013 to 31 March Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 139 0 0 0 2 63 77 11 324 106 1,928 2,509 Total n/a 5 5 0 0 0 1 0 15 10 75.0% 93.3% 94.3% 96.7% 94.4% 232 268 White 3 2 2 0 0 0 0 0 78 10 95 Signed performance agreements as % of total agreements number of SMS members Indian 3 14 89 n/a 115 221 0 8 2 0 0 0 0 0 Female 25 106 141 Coloured 9 0 0 0 2 0 46 16 462 181 716 Total number of signed Total performance agreements performance agreements African 1 4 15 90 116 226 5 0 0 0 0 0 2 22 32 152 211 White members 4 3 1 2 0 0 0 0 0 34 44 Total number of SMS Total Indian 1 4 15 92 Male 122 234 2 0 0 0 1 0 15 10 10 86 124 Coloured SMS posts 5 0 0 0 7 0 18 70 32 778 910 Total number of funded Total African SMS Level Occupational category Legislators, Senior Officials and Managers Legislators, Senior Officials Professionals and Associate Professionals Technicians Clerks Service and Sales Workers and Fishery Workers Skilled Agriculture Workers Trades Craft and related Plant and Machine Operators Assemblers Elementary Occupations TOTAL Employees with disabilities NDPP Salary Level 16 Salary Level 15 Salary Level 14 Salary Level 13 TOTAL Table 3.6.7 - Skills development for the period 1 April 2013 to 31 March 2014 3.6.7 - Skills development for the period 1 April 2013 to 31 March Table by SMS Members 3.7 Signing of Performance Agreements by SMS members as on 31 May 2013 3.7.1 Signing of Performance Agreements Table
140 32,959 25,014 49,313 43,088 35,641 25,227 51,063 42,854 35,254 employees Average cost per Average Cost 789 7,152 5,353 1,939 1,390 1,665 5,719 5,571 29,578 Cost (R’000) 12.9% 15.3% 19.5% 25.3% 19.8% 22.8% 25.2% 23.4% 17.4% group % of total within 82 178 197 290 444 556 1,681 1,398 4,826 Number of employees Beneficiary Profile 16 45 39 66 217 214 112 130 839 Number of beneficiaries Race and Gender Reasons 8 vacancies are Out of 234 funded SMS posts there 1 secondment, 2 suspensions and the DNDPP acting NDPP not submitted to HRD are The 4 performance agreements Reasons None African Male Female Asian Male Female Coloured Male Female White Male Female TOTAL Table 3.7.2 Reasons for not having concluded Performance agreements for all SMS members as on 31 May 2013 3.7.2 Reasons for not having concluded Performance agreements Table as on 31 May 2013 3.7.3 Disciplinary steps taken against SMS members for not having concluded Performance agreements Table 3.8 Performance Rewards 2014 by race, gender and disability for the period 1 April 2013 to 31 March 3.8.1 - Performance Rewards Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 141 7,000 0.00% 0.03% 0.16% 0.86% 1.06% 21,308 11,000 19,500 47,000 13,300 22,900 40,545 31,000 12,000 59,852 22,746 127,000 personnel expenditure employee % of the total Total cost as a Total Average cost per Average Cost 66 39 94 31 12 14 7,000 277 127 133 458 446 11,658 17,445 43,925 33,159 6,883 2,866 employee Average cost per Average Total Cost (R’000) Total Cost 14 851 3,960 21,172 25,997 8.3% 18.8% 46.2% 28.6% 25.0% 18.2% 33.3% 24.1% 22.0% 12.5% 20.0% 20.4% 29.7% Total Cost (R’000) Total occupation % of total within 16.7% 25.0% 16.6% 16.4% 17.0% 7 4 8 69 13 11 30 83 50 12 10 563 424 salary bands % of total within Number of employees 12 292 1,365 2,932 4,601 Beneficiary profile 6 2 1 2 1 1 2 13 10 20 11 115 126 Number of employees Beneficiary Profile 2 73 227 482 784 Number of beneficiaries Number of beneficiaries Critical occupation Salary band Human resources related related Human resources Human resources clerks Human resources Human resources & organisation development & related professionals professionals & organisation development related Human resources Head of department/chief executive officer Head of department/chief executive officer General legal administration & related professionals professionals General legal administration & related Financial clerks and credit controllers controllers Financial clerks and credit Financial and related professionals professionals Financial and related Crime investigators Communication and information related Communication and information related Client information clerks(switchboard reception information clerks) reception Client information clerks(switchboard Lower skilled (Levels 1-2) Skilled (Levels 3-5) (Levels 6-8) Highly skilled production Highly skilled supervision (Levels 9-12) TOTAL Cleaners in offices workshops hospitals etc. Cleaners in offices Advocates Administrative related Administrative related Table 3.8.2 - Performance Rewards by salary band for personnel below Senior Management Service for the period 1 April 2013 to 31 March 2014 1 April 2013 to 31 March by salary band for personnel below Senior Management Service the period 3.8.2 - Performance Rewards Table 2014 by critical occupation for the period 1 April 2013 to 31 March 3.8.3 - Performance Rewards Table
142 0 0 0 0 9,625 35,254 64,417 19,500 35,000 32,545 36,922 53,000 23,000 12,914 18,000 15,500 25,000 employee Average cost per Average Cost 0 0 0 0 70 53 23 77 18 31 25 780 358 904 3,092 29,578 12,701 Total Cost (R’000) Total 0.0% 9.5% 0.0% 0.0% 0.0% 21.7% 42.1% 11.0% 12.5% 50.0% 23.3% 32.0% 22.2% 50.0% 17.4% 100.0% 100.0% occupation % of total within 4 1 4 2 1 9 2 1 4 95 21 25 221 100 300 4,826 2,752 Number of employees Beneficiary profile 0 2 1 0 1 8 1 2 1 0 0 48 40 11 70 839 344 Number of beneficiaries Critical occupation TOTAL Social work and related professionals professionals Social work and related Senior managers Secretaries & other keyboard operating clerks & other keyboard Secretaries Risk management and security services Protection services Protection Prosecutor Prosecutor Other occupations Other information technology personnel Other administrative policy and related officers officers Other administrative policy and related Other administrat & related clerks and organisers Other administrat & related Messengers porters and deliverers Messengers porters and deliverers Logistical support personnel Library mail and related clerks Library mail and related Librarians and related professionals professionals Librarians and related Language practitioners interpreters & other communication Language practitioners interpreters Information technology related Information technology related
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 143 0.0% 0.0% 0.0% 0.0% 50.0% 50.0% 0.05% 0.08% 0.01% 0.01% 0.15% -50.0% 150.0% 100.0% 100.0% personnel % change % change expenditure % of the total Total cost as a Total 1 0 0 0 0 -3 -1 -1 -2 -2 Change Change 54,130 70,857 75,667 65,146 127,000 Number Number employee Average cost per Average Cost 127 227 0.0% 0.0% 1,245 1,984 3,583 14.3% 14.3% 85.7% 28.6% 28.6% 28.6% 100.0% 100.0% % of total % of total Total Cost (R’000) Total 1 1 6 2 7 0 2 2 0 7 6.7% 25.8% 24.3% 50.0% 24.4% 31 March 2014 31 March 31 March 2014 31 March Number Number salary bands % of total within 6 89 15 115 225 0.0% 0.0% 0.0% 11.1% 33.3% 33.3% 22.2% 100.0% 100.0% 100.0% % of total % of total Number of employees Beneficiary Profile 1 3 0 1 9 3 9 0 3 2 0 9 23 28 55 01 April 2013 01 April 2013 Number Number Number of beneficiaries Salary band Salary band - Foreign workers by major occupation for the period 1 April 2013 and 31 March 2014 workers by major occupation for the period 1 April 2013 and 31 March - Foreign Major occupation 12 Band A (Level 13) Band B (Level 14) Band C (Level 15) Band D (Level 16) TOTAL Administrative office workers Administrative office Skilled (Levels 3-5) Professionals and managers Professionals Highly skilled production (Levels 6-8) Highly skilled production TOTAL Highly skilled supervision (Levels 9-12) Contract (Levels 6-8) Contract (Levels 9-12) Contract (Levels 13-16) TOTAL Of the 7 foreign workers, 6 hold permanent residence status and 1 is a scarce skill recruited from outside the country. from skill recruited status and 1 is a scarce workers, 6 hold permanent residence Of the 7 foreign Table 3.8.4 - Performance related rewards (cash bonus), by salary band for Senior Management Service for the period 1 April 2013 to 31 March 2014 period 1 April 2013 to 31 March (cash bonus), by salary band for Senior Management Service the rewards 3.8.4 - Performance related Table Workers 3.9 Foreign 2014 workers by salary band for the period 1 April 2013 and 31 March 3.9.1 - Foreign Table 3.9.2 Table 12
144 12 20 43 296 2,551 2,017 4,896 1,071 7,138 29,293 16,228 53,773 (R’000) (R’000) Estimated Cost Estimated Cost 9 9 9 8 9 38 21 20 59 64 44 15 employee employee Average days per Average Average days per Average 1.8% 3.5% 0.3% 6.9% 35.1% 43.9% 15.8% 28.4% 49.3% 15.1% 100.0% 100.0% % of total % of total sick leave disability leave employees using employees using 1 2 9 20 25 57 10 270 589 1,106 1,918 3,893 sick leave Number of Number of disability leave Employees using Employees using 98.7% 89.2% 90.7% 92.1% 88.7% 91.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% medical Medical certification certification % Days with % Days with 38 41 392 580 149 1481 2532 2429 4758.5 10235.5 17156.5 34728.5 Total days Total Total days Total Salary band Salary band - Sick leave for the period 1 January 2013 to 31 December - Disability leave (temporary and permanent) for the period 1 January 2013 to 31 December 13 14 Lower skilled (Levels 1-2) Skilled (Levels 3-5) Lower skilled (Levels 1-2) Highly skilled production (Levels 6-8) Highly skilled production Skilled (Levels 3-5) Highly skilled supervision (Levels 9-12) Highly skilled production (Levels 6-8) Highly skilled production Senior management (Levels 13-16) Highly skilled supervision (Levels 9-12) TOTAL Senior management (Levels 13-16) TOTAL The column on the number of employees utilising sick leave reflects the number of occasions an employee utilised sick leave and would therefore not be the same as head count figures. the number of occasions an employee utilised sick leave and would therefore The column on the number of employees utilising sick leave reflects Same as footnote 13 3.10 Leave utilisation 3.10.1 Table 3.10.2 Table 13 14
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 145 33 43 47 44 leave per December 2013 Average capped Average employee as at 31 7 12 11 10 23 21 19 23 27 23 employee employee Average per Average Average number Average of days taken per 5 28 24 64 29 22 56 341 11 308 821 1,365 2,436 4,941 Number of Number of Average per Average capped leave annual leave employee (R’000) Employees using Employees using 1 62 13 89 332 153 547 256 103 6347 26363.76 56951.54 22545.01 112463.31 taken taken Total days Total Total days of Total capped leave Number of employees 28 4 427 2 104 6 559 (R’000) Total amount Total Salary band Salary band Reason - Capped leave for the period 1 January 2013 to 31 December 2014 - Leave payouts for the period 1 April 2013 to 31 March - Annual leave for the period 1 January 2013 to 31 December 15 16 17 Highly skilled production (Levels 6-8) Highly skilled production Highly skilled supervision (Levels 9-12) Senior management (Levels 13-16) TOTAL Leave payout for 2012/2013 due to non-utilisation of leave for the previous Leave payout for 2012/2013 due to non-utilisation of leave the previous cycle Lower skilled (Levels 1-2) Skilled (Levels 3-5) (Levels 6-8) Highly skilled production Highly skilled supervision (Levels 9-12) Senior management (Levels 13-16) TOTAL Capped leave payouts on termination of service for 2013/14 Current leave payout on termination of service for 2013/14 Current TOTAL Same as footnote 13 Same as footnote 13 Same as footnote 13 Table 3.10.4 Table 3.10.5 Table 15 16 17 Table 3.10.3 Table
146 Key steps taken to reduce the risk Key steps taken to reduce HIV Counselling and Testing facilities were made available to facilities were HIV Counselling and Testing encourage employees to know their status. buildings. made accessible in NPA Condoms were Units/categories of employees identified to be at high risk of contracting HIV & related diseases (if any) Units/categories of employees identified to be at high risk contracting HIV & Female employees, especially pregnant women are at high risk of contracting HIV/AIDS. women are Female employees, especially pregnant is which population the of category the within fall and 30-49, group age the in are employees NPA the of majority The at risk of contracting HIV. sexually active and therefore identified to be at high Female employees are issued after every health screening, Also based on the GEMS reports risk of contracting HIV&AIDS. of 2009-2010 indicates that by the end 2010, 53, 495 public servants were report The GEMS Key Health Trends females. (Guidelines on Gender Sensitivity and Right and 72% were on the AIDS for Programme registered Into Public Administration and Service 2012-2016) based HIV&AIDS, STI’S and TB Mainstreaming 3.11 HIV/AIDS & Health Promotion Programmes Programmes 3.11 HIV/AIDS & Health Promotion the risk of occupational exposure 3.11.1 - Steps taken to reduce Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 147 Details, if yes Ms G.B. Dludla - Director: Human Resource Transformation. Human Resource Ms G.B. Dludla - Director: Budget of about R2 230 000.00. 3 employees and an external service provider. Management and Sport Recreation. HIV/AIDS Health and Productivity EAP, C Fisher: DPP Gramhstown, Queenstown, V Esterhuizen: DDDP F Ross: DPP Cape Town, B Bisho, N Magongwa: DPP Northern: Mmabatho Cluster, Cape, J Matlou: DPP North West T Hadebe: DPP Durban, C Mortlock: North Odi Cluster, Masobela: DPP North West: S Mogongwa: DPP North Gauteng: Mpumalanga, P Kgopiso: DPP North Pretoria, Employee Shihlane: N and Wellness, Health Employee P Semenya: Limpopo, Gauteng: Mthatha Madikizela: DPP N Wellness, and Employee Health M Molefe: Wellness, and Health and E Moonsamy: DPP South Gauteng. HIV AND AIDS Policy. on HIV/AIDS, CARE, Disciplinary Code. programme Awareness 495 Employees tested for HIV. Reports; EWP Evaluation Questionnaire. Health Screening No X X X X X X X X Yes Question 1. Has the department designated a member of the SMS to implement the provisions 1. Has the department designated a member of SMS to implement provisions contained in Part VI E of Chapter 1 the Public Service Regulations, 2001? If so, her/his name and position. provide 2. Does the department have a dedicated unit or have you designated specific staff staff specific designated you have or unit dedicated a have department the Does 2. health and well being of your employees? If so, indicate the members to promote involved in this task and the annual budget that is number of employees who are available for this purpose. an Employee Assistance or Health Promotion 3. Has the department introduced for your employees? If so, indicate the key elements/services of Programme programme. (e) of E.5 VI Part in as contemplated committee(s) (a) established department the Has 4. of names the provide please so, If 2001? Regulations, Service Public the of 1 Chapter the members of committee and stakeholder(s) that they represent. the employment policies and practices of your 5. Has the department reviewed that these do not unfairly discriminate against employees on department to ensure the basis of their HIV status? If so, list employment policies/practices so reviewed. employees or HIV-positive to protect measures 6. Has the department introduced discrimination? If so, list the key elements of from to be HIV-positive those perceived these measures. Counselling Voluntary to undergo employees its encourage department Does the 7. that you have achieved. If so, list the results and Testing? to monitor & evaluate the impact 8. Has the department developed measures/indicators If so, list these measures/indicators. programme? of your health promotion Table 3.11.2 - Details of Health Promotion and HIV/AIDS Programmes [tick the applicable boxes and provide the required information] the required [tick the applicable boxes and provide and HIV/AIDS Programmes 3.11.2 - Details of Health Promotion Table
148 None 7.0% 1.2% 8.1% 0.0% 0.0% 4.7% 27.9% 18.6% 17.4% 15.1% 100.0% % of total 6 1 7 0 0 4 24 16 15 13 86 Number Outcomes of disciplinary hearings 18 Corrective counselling Corrective warning Verbal warning Written Final written warning Suspended without pay Fine Demotion Dismissal Not guilty Case withdrawn TOTAL Total number of Collective agreements Total The number for dismissals differs from dismissal-misconduct in table 3.5.3 due to dismissals taking effect from 1 April and those that are still under review. 1 April and those that are from dismissal-misconduct in table 3.5.3 due to dismissals taking effect from The number for dismissals differs 3.12 Labour Relations 2014 for the period 1 April 2013 to 31 March 3.12.1 - Collective agreements Table 2014 3.12.2 - Misconduct and disciplinary hearings finalised for the period 1 April 2013 to 31 March Table 18
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 149 1.0% 6.7% 1.0% 4.8% 9.6% 1.9% 2.9% 4.8% 2.9% 1.0% 1.0% 1.9% 1.0% 5.8% 12.5% 18.3% 12.5% 10.6% 100.0% % of total 1 7 1 5 2 3 5 3 1 1 2 1 6 13 19 13 11 10 104 Number Type of misconduct Type 19 Absenteeism fraud corruption, bribery, Dishonesty, Substance abuse Abuse of state vehicle and/or property of duty insolence and dereliction Insubordination, Harassment Financial misconduct the administration and discipline of organisation Prejudicing Negligence Assault Poor performance into disrepute Bringing the name of NPA Abuse of position Racism to comply with the media policy Failure Driving under the influence of alcohol to comply with the FCA Failure conduct Improper TOTAL 10 of the 19 misconduct cases are corruption related of which 9 were finalised and 1 was carried over. of which 9 were corruption related 10 of the 19 misconduct cases are Table 3.12.3 - Types of misconduct addressed at disciplinary hearings for the period 1 April 2013 to 31 March 2014 at disciplinary hearings for the period 1 April 2013 to 31 March of misconduct addressed 3.12.3 - Types Table 19
150 80.6 19.4 72% 28% 100% 100% % of total % of total 6 25 31 46 120 166 Number Number 0 0 0 22 20 170 5,114 Disputes Grievances Number of grievances resolved Number of grievances not resolved number of grievances lodged Total Number of disputes upheld Number of disputes dismissed number of disputes lodged Total Total costs of working days lost Total of no work pay (R’000) as a result Amount recovered Number of people whose suspension exceeded 30 days number of days suspended Average Cost of suspension (R’000) Total number of persons working days lost Total Number of people suspended Table 3.12.4 - Grievances logged for the period 1 April 2013 to 31 March 2014 3.12.4 - Grievances logged for the period 1 April 2013 to 31 March Table 2014 3.12.5 - Disputes logged with Councils for the period 1 April 2013 to 31 March Table 2014 3.12.6 - Strike actions for the period 1 April 2013 to 31 March Table 2014 suspensions for the period 1 April 2013 to 31 March 3.12.7 - Precautionary Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 151 0 0 0 0 0 0 9 4 25 31 76 97 70 234 137 136 1,079 1,192 1,580 1,510 3,090 Total 0 0 0 0 0 0 0 0 22 27 77 29 41 19 55 45 1,030 1,152 1,225 1,272 2,497 training Other forms of 3 4 0 0 0 0 0 0 9 4 49 40 84 53 18 40 25 122 276 175 451 courses & other short Skills Programmes Skills Programmes 0 0 0 0 2 0 0 0 0 0 0 0 0 0 35 39 79 63 24 42 142 Training needs identified at start of the reporting period needs identified at start of the Training Learnerships 0 0 0 0 0 0 59 25 57 16 23 121 520 228 174 118 1,633 1,941 2,459 2,456 4,915 April 2013 Number of employees as at 1 Gender Female Male Female Male Female Male Female Male Female Male Female Male Female Male Female Male Female Male Female Male Occupational category Legislators, senior officials and managers Legislators, senior officials Professionals and associate professionals Technicians Clerks Service and sales workers and fishery workers Skilled agriculture trades workers Craft and related Plant and machine operators assemblers Elementary occupations Gender sub totals TOTAL 3.13 Skills Development 2014 needs identified for the period 1 April 2013 to 31 March 3.13.1 - Training Table
152 0 0 0 0 0 0 3 8 76 17 46 93 61 16 30 878 231 1,050 2,509 1,220 1,289 Total 0 0 0 0 0 0 0 8 1 0 56 12 26 83 32 18 713 902 834 1,851 1,017 training Other forms of 0 0 0 0 0 0 3 5 8 20 20 52 34 10 12 165 148 132 609 351 258 courses & other short Skills Programmes Skills Programmes 0 0 0 0 0 0 0 0 0 0 0 0 9 5 0 0 16 19 49 35 14 Training needs identified at start of the reporting period needs identified at start of the Training Learnerships 0 0 0 0 0 0 16 59 25 57 23 118 121 520 228 174 1,633 1,941 4,915 2,459 2,456 April 2013 Number of employees as at 1 Gender Female Male Female Male Female Male Female Female Male Female Male Female Male Female Male Female Male Male Female Male Occupational category Skilled agriculture and fishery workers Craft and related trades workers Plant and machine operators assemblers Elementary occupations Legislators, senior officials and managers Professionals and associate professionals Technicians Clerks Service and sales workers Gender sub total TOTAL Table 3.13.2 - Training provided for the period 1 April 2013 to 31 March 2014 for the period 1 April 2013 to 31 March provided 3.13.2 - Training Table
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 153 0.0% 0.0% 9.0% 91.0% 70,000 70,000 100.0% 180,000 212,354 180,000 212,354 Rand % of total value in Rand Total contract Total Contract value in 0 0 1 10 11 Number Duration (work days) Total duration (work days) Total 8 July 2013 to 31 2014 2013 to 30 June 2014 1 March 23 July 2013 to 15 August (20 hours) 8 July 2013 to 31 2014 (250 hours) 2013 to 30 June 2014 (250 hours) 1 March 23 July 2013 to 15 August (20 hours) 1 2 1 1 2 1 that worked on the project Total individual consultants Total Total number of consultants Total 3 Nature of injury on duty Nature Project Title Project Total number of projects Total Required basic medical attention only Required Disablement Total Temporary Permanent Disablement Fatal Total Bid drafting services Review of annual financial statements and technical audit assistance audit assistance Technical 3.14 Injury on duty 2014 3.14.1 - Injury on duty for the period 1 April 2013 to 31 March Table 3.15 Utilisation of Consultants 2014 funds for the period 1 April 2013 to 31 March 3.15.1 - Report on consultant appointments using appropriated Table
154 1 1 0 project project Number of work on the Number of work on the value in Rand Total contract Total HDI groups that HDI groups Donor and con - consultants from consultants from HDI groups that HDI groups consultants from consultants from tract value in Rand Duration (Work days) Duration (Work Total duration (work days) Total Percentage management by HDI groups Percentage Percentage management by HDI groups Percentage RMS Chartered Accountants RMS Chartered Nexia SAB&T Predicate Logistics Predicate groups groups that worked on the project Total individual consultants Total Total number of consultants Total Percentage ownership by HDI Percentage Percentage ownership by HDI Percentage RMS Chartered Accountants RMS Chartered Nexia SAB&T Predicate Logistics Predicate Project title Project Project title Project Project title Project Total number of projects Total Technical audit assistance Technical None Review of annual financial statements and technical audit assistance None Bid drafting services None Table 3.15.2-Analysis of consultant appointments using appropriated funds, in terms of Historically Disadvantaged Individuals (HDIs) for the period 1 (HDIs) for the period Individuals Disadvantaged Historically of terms in funds, appropriated using appointments consultant of 3.15.2-Analysis Table 2014 April 2013 to 31 March 2014 3.15.3 - Report on consultant appointments using Donor funds for the period 1 April 2013 to 31 March Table 3.15.4 - Analysis of consultant appointments using Donor funds, in terms Historically Disadvantaged Individuals (HDIs) for the period 1 April 2013 Table 2014 to 31 March
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 155 1 0 1 0 0 0 packages Number of department approved by approved 1 0 1 0 0 0 MPSA Number of applications supported by 1 0 1 0 0 0 MPSA Number of applications referred to the referred 1 0 1 0 0 0 received Number of applications Salary band Total Total Senior Management (Salary Level 13 and higher) Highly Skilled Supervision (Salary Level 9-12) Highly Skilled Production (Salary Level 6-8) Highly Skilled Production Skilled (Salary Level 3-5) Lower Skilled (Salary Level 1-2) 3.16 Severance Packages 2014 3.16.1 - Granting of employee initiated severance packages for the period 1 April 2013 to 31 March Table
156 Part E Financial Information
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 157 PART E: FINANCIAL INFORMATION
REPORT OF THE AUDITOR-GENERAL TO PARLIAMENT ON THE NATIONAL PROSECUTING AUTHORITY
REPORT ON THE FINANCIAL STATEMENTS
Introduction
1. I have audited the financial statements of the National Prosecuting Authority (NPA) set out on pages 163 to 209, which comprise the appropriation statement, the statement of financial position as at 31 March 2014, the statement of financial performance, statement of changes in net assets, and cash flow statement for the year then ended, as well as the notes, comprising a summary of significant accounting policies and other explanatory information.
Accounting officer’s responsibility for the financial statements
2. The accounting officer is responsible for the preparation and fair presentation of these financial statements in accordance with the Modified Cash Standard and the requirements of the Public Finance Management Act of South Africa, 1999 (Act No. 1 of 1999) (PFMA), and for such internal control as the accounting officer determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.
Auditor-general’s responsibility
3. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with the Public Audit Act of South Africa, 2004 (Act No. 25 of 2004) (PAA), the general notice issued in terms thereof and International Standards on Auditing. Those standards require that I comply with ethical requirements, and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.
4. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgement, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.
5. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion.
Opinion
6. In my opinion, the financial statements present fairly, in all material respects, the financial position of the National Prosecuting Authority as at 31 March 2014 and its financial performance and cash flows for the year then ended, in accordance with the Modified Cash Standard and the requirements of the PFMA.
158 Emphasis of matter
7. I draw attention to the matters below. My opinion is not modified in respect of these matters.
Preparation of separate financial statements
8. As disclosed in note 26.2 to the financial statements, the NPA is a programme within the Department of Justice and Constitutional Development. The National Treasury has exempted the department from including financial transactions of the NPA in the financial statements of the department.
Significant uncertainties
9. As disclosed in note 18.1 to the financial statements, the department is a defendant in civil litigations with various suppliers for a variety of reasons including alleged breach of contract. Furthermore, included in contingent liabilities are future fees for curators relating to asset forfeiture cases.
Payables
10. Payables exceeding the payment term of 30 days as required by Treasury Regulation 8.2.3 amount to R237 000,00. The department fully utilised its appropriated funds and therefore did not have any voted funds to be surrendered as per the statement of financial performance. The amount of R237 000, 00 would therefore have constituted unauthorised expenditure had the amounts due been paid in a timely manner.
REPORT ON OTHER LEGAL AND REGULATORY REQUIREMENTS
11. In accordance with the PAA and the general notice issued in terms thereof, I report the following findings on the reported performance information against predetermined objectives for selected objectives presented in the annual performance report, non-compliance with legislation as well as internal control. The objective of my tests was to identify reportable findings as described under each subheading but not to gather evidence to express assurance on these matters. Accordingly, I do not express an opinion or conclusion on these matters.
Predetermined objectives
12. I performed procedures to obtain evidence about the usefulness and reliability of the reported performance information for the following selected objectives presented in the annual performance report of the department for the year ended 31 March 2014:
• Objective 1: Increased successful prosecution on pages 102 to 103
• Objective 2: Improved prosecution of cases that require specialised prosecutions on page 104
• Objective 3: To ensure that profit is removed from crime on page 105
• Objective 4: Ensure threatened witnesses are successfully protected on page 106
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 159 13. I evaluated the reported performance information against the overall criteria of usefulness and reliability.
14. I evaluated the usefulness of the reported performance information to determine whether it was presented in accordance with the National Treasury’s annual reporting principles and whether the reported performance was consistent with the planned objectives. I further performed tests to determine whether indicators and targets were well defined, verifiable, specific, measurable, time bound and relevant, as required by the National Treasury’s Framework for managing programme performance information (FMPPI).
15. I assessed the reliability of the reported performance information to determine whether it was valid, accurate and complete.
16. I did not raise any material findings on the usefulness and reliability of the reported performance information for the selected objectives.
Additional matter
17. Although I raised no material findings on the usefulness and reliability of the reported performance information for the selected objectives , I draw attention to the following matter:
Achievement of planned targets
18. Refer to the annual performance report on pages 102 to 106 for information on the achievement of the planned targets for the year.
Compliance with legislation
19. I performed procedures to obtain evidence that the department had complied with applicable legislation regarding financial matters, financial management and other related matters. I did not identify any instances of material non-compliance with specific matters in key legislation, as set out in the general notice issued in terms of the PAA.
Internal control
20. I considered internal control relevant to my audit of the financial statements, the annual performance report and compliance with legislation. I did not identify any significant deficiencies in internal control.
Pretoria
31 July 2014
160 Annual Financial Statements
Annual Financial Statements
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 161 ANNUAL FINANCIAL STATEMENTS for the year ended 31 March 2014
Contents
Appropriation Statement 163
Notes to the Appropriation Statement 167
Statement of Financial Performance 168
Statement of Financial Position 169
Statement of Changes in Net Assets 170
Cash Flow Statement 171
Notes to the Annual Financial Statements (including Accounting policies) 176
Annexures 210
162 6,571 3,589 R’000 Actual 68,548 16,553 2,761,116 2,839,824 2,856,377 Expenditure 2012/13 Final 6,571 3,589 R’000 68,548 10,487 31,674 2,761,116 2,839,824 2,881,985 Appropriation
% final 100.0% 100.0% 100.0% 100.0% 100.0% as % of Expenditure appropriation - - - - - R’000 Variance 4,253 R’000 Actual 11,160 54,499 12,944 2,998,252 3,068,164 3,081,108 Expenditure Final 4,253 R’000 11,160 54,499 12,386 20,000 2,998,252 3,068,164 3,100,550 Appropriation - 4,037 R’000 (3,640) 14,194 Appropriation per programme Appropriation (14,591) Virement 2013/14 APPROPRIATION STATEMENT APPROPRIATION for the year ended 31 March 2014 for the year ended 31 March - - - - - R’000 Funds Shifting of
216 R’000 14,800 69,090 Adjusted 2,984,058 3,068,164 Appropriation Current payment Current and subsidies Transfers Payment for capital assets Payment for financial assets TOTAL National Prosecuting Authority National Prosecuting 1. ADD Departmental receipts Reconciliation with statement of financial performance Aid assistance revenue) Actual amounts per statement of financial performance (total ADD Aid assistance Actual amounts per statement of financial performance (total expenditure)
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 163 2,227 4,344 3,589 R’000 Actual 17,663 50,885 450,279 2,310,837 2,839,824 expenditure 2012/13 Final 2,227 4,344 3,589 R’000 17,663 50,885 450,279 2,310,837 2,839,824 Appropriation % 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Expenditure as % of final appropriation ------R’000 Variance 2,421 8,739 4,253 R’000 Actual 11,189 43,310 566,756 2,431,496 3,068,164 Expenditure Final 2,421 8,739 4,253 R’000 11,189 43,310 566,756 2,431,496 3,068,164 Appropriation - (934) 4,037 R’000 (4,037) (2,706) (7,745) (6,846) 18,231 Virement 2013/14 Appropriation per economic classification Appropriation - - - - APPROPRIATION STATEMENT APPROPRIATION 4,091 R’000 for the year ended 31 March 2014 for the year ended 31 March Funds (4,091) 35,720 (35,720) Shifting of 216 7,446 7,354 R’000 18,934 50,156 512,805 Adjusted 2,471,253 3,068,164 Appropriation Current payments Current Compensation of employees Goods and services Transfers and subsidies Transfers Departmental agencies and accounts Households Payments for capital assets Buildings and other fixed structures Machinery and equipment Payments for financial assets Total
164 34 589 404 259 208 248 2,766 2,132 1,317 R’000 Actual 221,403 103,165 1,914,570 expenditure 34 2012/13 589 404 259 208 248 Final 2,766 2,132 1,317 R’000 221,403 103,165 1,914,570 Appropriation % 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Expenditure as % of final appropriation ------R’000 Variance 30 451 608 188 320 6,851 2,230 2,508 1,206 R’000 Actual 239,087 179,251 1,979,158 Expenditure 30 451 608 188 320 Final 6,851 2,230 2,508 1,206 R’000 239,087 179,251 1,979,158 Appropriation ------608 320 2,508 R’000 (4,037) Virement 2013/14 - - - 4 APPROPRIATION STATEMENT APPROPRIATION for the year ended 31 March 2014 for the year ended 31 March 352 129 (373) (230) 3,658 Funds R’000 56,737 (26,070) (49,142) Shifting of - - - 854 322 260 184 3,193 2,603 R’000 288,229 122,514 Adjusted 2,009,265 Appropriation Service Services Current payment Current Transfers and subsidies Transfers Payment for capital assets Payment for financial assets Current payment Current Transfers and subsidies Transfers Payment for capital assets Payment for financial assets Current payment Current Transfers and subsidies Transfers Payment for capital assets Payment for financial assets Detail per sub-programme Detail per sub-programme 1.1 National Prosecutions 1.1 National Prosecutions 1.2 Specialised Prosecutions 1.2 Specialised Prosecutions 1.3 Asset Forfeiture Unit 1.3 Asset Forfeiture
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 165 29 284 256 2,237 2,425 R’000 Actual 65,520 146,732 375,246 2,839,824 expenditure 29 2012/13 284 256 Final 2,237 2,425 R’000 65,520 146,732 375,246 2,839,824 Appropriation % 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Expenditure as % of final appropriation ------R’000 Variance 52 439 173 765 2,634 R’000 Actual 51,457 145,807 454,949 3,068,164 Expenditure 52 439 173 765 Final 2,634 R’000 51,457 145,807 454,949 3,068,164 Appropriation - - - - 52 549 R’000 (3,640) 18,231 (14,591) Virement 2013/14 - - - 67 APPROPRIATION STATEMENT APPROPRIATION 332 173 for the year ended 31 March 2014 for the year ended 31 March Funds R’000 (5,155) (4,112) 23,630 Shifting of - - 107 216 R’000 10,386 65,981 150,962 413,088 Adjusted 3,068,164 Appropriation Protection Current payment Current Transfers and subsidies Transfers Payment for capital assets Payment for financial assets Current payment Current Transfers and subsidies Transfers Payment for capital assets Payment for financial assets Detail per sub-programme Detail per sub-programme 1.4 Office for Witness 1.4 Office 1.5 Support Services Total The Programme structure of the NPA changed as from 1 April 2013 in order to reflect Specialised Prosecutions Services as a separate programme. In Services as a separate programme. Specialised Prosecutions to reflect 1 April 2013 in order changed as from of the NPA structure The Programme Service. Services (2012/13) was included in the amounts for National Prosecutions the prior year amounts for Specialised Prosecutions
166 NOTES TO THE APPROPRIATION STATEMENT for the year ended 31 March 2014
1. Detail of transfers and subsidies as per Appropriation Act (after Virement):
Detail of these transactions can be viewed in the note on Transfers and subsidies, disclosure notes and Annexure 1 (A-B) to the Annual Financial Statements.
2. Detail of specifically and exclusively appropriated amounts voted (after Virement):
Detail of these transactions can be viewed in note 1 (Annual Appropriation) to the Annual Financial Statements.
3. Detail on payments for financial assets
Detail of these transactions per programme can be viewed in the note on Payments for financial assets to the Annual Financial Statements.
4. Explanations of material variances from Amounts Voted (after Virement):
4.1 Per sub-programme Final Actual Variance Variance as Appropriation Expenditure a % of Final Appropriation R’000 R’000 R’000 R’000 National Prosecutions Service 1,990,747 1,990,747 - 0.0% Specialised Prosecutions Services 241,352 241,352 - 0.0% Asset Forfeiture Unit 179,789 179,789 - 0.0% Office for Witness Protection 146,471 146,471 - 0.0% Support Services 509,805 509,805 - 0.0%
4.2 Per economic classification Final Actual Variance Variance as Appropriation Expenditure a % of Final Appropriation R’000 R’000 R’000 R’000
Current payments Compensation of employees 2,431,496 2,431,496 - 0.0% Goods and services 566,756 566,756 - 0.0%
Transfers and subsidies Departmental agencies and accounts 2,421 2,421 - 0.0% Households 8,739 8,739 - 0.0%
Payments for capital assets Buildings and other fixed structures 11,189 11,189 - 0.0% Machinery and equipment 43,310 43,310 - 0.0%
Payments for financial assets 4,253 4,253 - 0.0%
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 167 STATEMENT OF FINANCIAL PERFORMANCE for the year ended 31 March 2014
Note 2013/14 2012/13 R’000 R’000 REVENUE
Annual appropriation 1 3,068,164 2,839,824 Departmental revenue 2 12,386 10,487 Aid assistance 3 20,000 31,674
TOTAL REVENUE 3,100,550 2,881,985
EXPENDITURE
Current expenditure Compensation of employees 4 2,431,496 2,310,837 Goods and services 5 566,756 450,279 Aid assistance 3 12,944 16,553 Total current expenditure 3,011,196 2,777,669
Transfers and subsidies Transfers and subsidies 7 11,160 6,571 Total transfers and subsidies 11,160 6,571
Expenditure for capital assets Tangible assets 8 54,499 68,548 Total expenditure for capital assets 54,499 68,548
Payments for financial assets 6 4,253 3,589
TOTAL EXPENDITURE 3,081,108 2,856,377
SURPLUS FOR THE YEAR 19,442 25,608
Reconciliation of Net Surplus for the year
Voted funds - - Annual appropriation - - Departmental revenue and NRF Receipts 13 12,386 10,487 Aid assistance 3 7,056 15,121 SURPLUS FOR THE YEAR 19,442 25,608
168 STATEMENT OF FINANCIAL POSITION as at 31 March 2014
Note 2013/14 2012/13 R’000 R’000 ASSETS
Current assets 38,720 33,403
Cash and cash equivalents 9 20,045 13,249 Prepayments and advances 10 9,494 1,229 Receivables 11 9,181 18,925
TOTAL ASSETS 38,720 33,403
LIABILITIES
Current liabilities 33,091 27,336
Voted funds to be surrendered to the Revenue Fund 12 - - Departmental revenue and NRF Receipts to be surrendered to the 13 4,920 2,869 Revenue Fund Bank overdraft 14 22 - Payables 15 1,204 4,578 Aid assistance unutilised 3 26,945 19,889
TOTAL LIABILITIES 33,091 27,336
NET ASSETS 5,629 6,067
Note 2013/14 2012/13 R’000 R’000
Represented by: Recoverable revenue 5,629 6,067
TOTAL 5,629 6,067
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 169 STATEMENT OF CHANGES IN NET ASSETS for the year ended 31 March 2014
Note 2013/14 2012/13 R’000 R’000 Recoverable revenue Opening balance 6,067 5,650 Transfers: (438) 417 Irrecoverable amounts written off 6.2 (1,616) (2,740) Debts revised (693) (1,837) Debts recovered (included in departmental receipts) (3,262) (1,641) Debts raised 5,133 6,635 Closing balance 5,629 6,067
TOTAL 5,629 6,067
170 CASH FLOW STATEMENT for the year ended 31 March 2014
Note 2013/14 2012/13 R’000 R’000 CASH FLOWS FROM OPERATING ACTIVITIES
Receipts 3,100,550 2,881,963 Annual appropriated funds received 1.1 3,068,164 2,839,824 Departmental revenue received 2 11,333 10,101 Interest received 2.2 1,053 364 Aid assistance received 3 20,000 31,674
Net increase in working capital (1,895) (32,087) Surrendered to Revenue Fund (10,335) (14,285) Surrendered to RDP Fund/Donor - (23) Current payments (3,011,196) (2,777,669) Payments for financial assets (4,253) (3,589) Transfers and subsidies paid (11,160) (6,571) Net cash flow available from operating activities 16 61,711 47,739
CASH FLOWS FROM INVESTING ACTIVITIES
Payments for capital assets 8 (54,499) (68,548) Proceeds from sale of capital assets 2.3 - 22 Net cash flows from investing activities (54,499) (68,526)
CASH FLOWS FROM FINANCING ACTIVITIES
(Decrease)/increase in net assets (438) 417 Net cash flows from financing activities (438) 417
Net increase/(decrease) in cash and cash equivalents 6,774 (20,370)
Cash and cash equivalents at beginning of period 13,249 33,619
Cash and cash equivalents at end of period 17 20,023 13,249
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 171 ACCOUNTING POLICIES for the year ended 31 March 2014
Summary of significant accounting policies
The financial statements have been prepared in accordance with the following policies, which have been applied consistently in all material aspects, unless otherwise indicated.
The historical cost convention has been used, except where otherwise indicated. Management has used assessments and estimates in preparing the annual financial statements. These are based on the best information available at the time of preparation.
Where appropriate and meaningful, additional information has been disclosed to enhance the usefulness of the financial statements and to comply with the statutory requirements of the Public Finance Management Act (PFMA), Act 1 of 1999 (as amended by Act 29 of 1999), and the Treasury Regulations issued in terms of the PFMA and the annual Division of Revenue Act. 1 Basis of preparation
The financial statements have been prepared in accordance with the Modified Cash Standard. 2 Going concern
The financial statements have been prepared on a going concern basis. 3 Presentation currency
Amounts have been presented in the currency of the South African Rand (R) which is also the functional currency of the department. 4 Rounding
Unless otherwise stated financial figures have been rounded to the nearest one thousand Rand (R’000). 5 Foreign currency translation
Cash flows arising from foreign currency transactions are translated into South African Rands using the exchange rates prevailing at the date of payment / receipt. 6 Current year comparison with budget
A comparison between the approved, final budget and actual amounts for each programme and economic classification is included in the appropriation statement. 7 Revenue 7.1 Appropriated funds
Appropriated funds comprises of departmental allocations as well as direct charges against the revenue fund (i.e. statutory appropriation).
Appropriated funds are recognised in the statement of financial performance on the date the appropriation becomes effective. Adjustments made in terms of the adjustments budget process are recognised in the statement of financial performance on the date the adjustments become effective.
The net amount of any appropriated funds due to / from the relevant revenue fund at the reporting date is recognised as a payable / receivable in the statement of financial position. 7.2 Departmental revenue
Departmental revenue is recognised in the statement of financial performance when received and is subsequently paid into the relevant revenue fund, unless stated otherwise.
Any amount owing to the relevant revenue fund at the reporting date is recognised as a payable in the statement of financial position.
172 ACCOUNTING POLICIES for the year ended 31 March 2014
7.3 Accrued departmental revenue
Accruals in respect of departmental revenue (excluding tax revenue) are recorded in the notes to the financial statements when:
• it is probable that the economic benefits or service potential associated with the transaction will flow to the department; and
• the amount of revenue can be measured reliably.
The accrued revenue is measured at the fair value of the consideration receivable.
Accrued tax revenue (and related interest and / penalties) is measured at amounts receivable from collecting agents. 8 Expenditure 8.1 Compensation of employees 8.1.1 Salaries and wages
Salaries and wages are recognised in the statement of financial performance on the date of payment. 8.1.2 Social contributions
Social contributions made by the department in respect of current employees are recognised in the statement of financial performance on the date of payment.
Social contributions made by the department in respect of ex-employees are classified as transfers to households in the statement of financial performance on the date of payment. 8.2 Other expenditure
Other expenditure (such as goods and services, transfers and subsidies and payments for capital assets) is recognised in the statement of financial performance on the date of payment. The expense is classified as a capital expense if the total consideration paid is more than the capitalisation threshold. 8.3 Accrued expenditure payable
Accrued expenditure payable is recorded in the notes to the financial statements when the goods are received or, in the case of services, when they are rendered to the department.
Accrued expenditure payable is measured at cost. 8.4 Leases 8.4.1 Operating leases
Operating lease payments made during the reporting period are recognised as current expenditure in the statement of financial performance on the date of payment.
The operating lease commitments are recorded in the notes to the financial statements. 8.4.2 Finance leases
Finance lease payments made during the reporting period are recognised as capital expenditure in the statement of financial performance on the date of payment.
The finance lease commitments are recorded in the notes to the financial statements and are not apportioned between the capital and interest portions.
Finance lease assets acquired at the end of the lease term are recorded and measured at the lower of:
· cost, being the fair value of the asset; or
· the sum of the minimum lease payments made, including any payments made to acquire ownership at the end of the lease term, excluding interest.
9 Aid Assistance
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 173 ACCOUNTING POLICIES for the year ended 31 March 2014
9.1 Aid assistance received
Aid assistance received in cash is recognised in the statement of financial performance when received. In-kind aid assistance is recorded in the notes to the financial statements on the date of receipt and is measured at fair value.
Aid assistance not spent for the intended purpose and any unutilised funds from aid assistance that are required to be refunded to the donor are recognised as a payable in the statement of financial position. 9.2 Aid assistance paid
Aid assistance paid is recognised in the statement of financial performance on the date of payment. Aid assistance payments made prior to the receipt of funds are recognised as a receivable in the statement of financial position. 10 Cash and cash equivalents
Cash and cash equivalents are stated at cost in the statement of financial position.
Bank overdrafts are shown separately on the face of the statement of financial position.
For the purposes of the cash flow statement, cash and cash equivalents comprise cash on hand, deposits held, other short-term highly liquid investments and bank overdrafts. 11 Prepayments and advances
Prepayments and advances are recognised in the statement of financial position when the department receives or disburses the cash.
Prepayments and advances are initially and subsequently measured at cost.
12 Loans and receivables
Loans and receivables are recognised in the statement of financial position at cost plus accrued interest, where interest is charged, less amounts already settled or written-off. 13 Impairment of financial assets
Where there is an indication of impairment of a financial asset, an estimation of the reduction in the recorded carrying value, to reflect the best estimate of the amount of the future economic benefits expected to be received from that asset, is recorded in the notes to the financial statements. 14 Payables
Loans and payables are recognised in the statement of financial position at cost. 15 Capital Assets 15.1 Immovable capital assets
Immovable capital assets are initially recorded in the notes to the financial statements at cost. Immovable capital assets acquired through a non-exchange transaction is measured at fair value as at the date of acquisition.
Where the cost of immovable capital assets cannot be determined accurately, the immovable capital assets are measured at R1 unless the fair value of the asset has been reliably estimated, in which case the fair value is used.
All assets acquired prior to 1 April 2002 (or a later date as approved by the OAG) are recorded at R1.
Immovable capital assets are subsequently carried at cost and are not subject to depreciation or impairment.
Subsequent expenditure that is of a capital nature is added to the cost of the asset at the end of the capital project unless the immovable asset is recorded by another department in which case the completed project costs are transferred to that department.
174 ACCOUNTING POLICIES for the year ended 31 March 2014
15.2 Movable capital assets
Movable capital assets are initially recorded in the notes to the financial statements at cost. Movable capital assets acquired through a non-exchange transaction is measured at fair value as at the date of acquisition.
Where the cost of movable capital assets cannot be determined accurately, the movable capital assets are measured at fair value and where fair value cannot be determined; the movable assets are measured at R1.
All assets acquired prior to 1 April 2002 (or a later date as approved by the OAG) are recorded at R1.
Movable capital assets are subsequently carried at cost and are not subject to depreciation or impairment.
Subsequent expenditure that is of a capital nature is added to the cost of the asset at the end of the capital project unless the movable asset is recorded by another department/entity in which case the completed project costs are transferred to that department. 16 Provisions and Contingents 16.1 Provisions
Provisions are recorded in the notes to the financial statements when there is a present legal or constructive obligation to forfeit economic benefits as a result of events in the past and it is probable that an outflow of resources embodying economic benefits or service potential will be required to settle the obligation and a reliable estimate of the obligation can be made. The provision is measured as the best estimate of the funds required to settle the present obligation at the reporting date. 16.2 Contingent liabilities
Contingent liabilities are recorded in the notes to the financial statements when there is a possible obligation that arises from past events, and whose existence will be confirmed only by the occurrence or non-occurrence of one or more uncertain future events not within the control of the department or when there is a present obligation that is not recognised because it is not probable that an outflow of resources will be required to settle the obligation or the amount of the obligation cannot be measured reliably. 16.3 Contingent assets
Contingent assets are recorded in the notes to the financial statements when a possible asset arises from past events, and whose existence will be confirmed by the occurrence or non-occurrence of one or more uncertain future events not within the control of the department. 16.4 Commitments
Commitments are recorded at cost in the notes to the financial statements when there is a contractual arrangement or an approval by management in a manner that raises a valid expectation that the department will discharge its responsibilities thereby incurring future expenditure that will result in the outflow of cash. 17 Fruitless and wasteful expenditure
Fruitless and wasteful expenditure is recorded in the notes to the financial statements when confirmed. The amount recorded is equal to the total value of the fruitless and or wasteful expenditure incurred.
Fruitless and wasteful expenditure is removed from the notes to the financial statements when it is resolved or transferred to receivables for recovery.
Fruitless and wasteful expenditure receivables are measured at the amount that is expected to be recoverable and are de- recognised when settled or subsequently written-off as irrecoverable. 18 Irregular expenditure
Irregular expenditure is recorded in the notes to the financial statements when confirmed. The amount recorded is equal to the total value of the irregularity unless it is impracticable to determine, in which case reasons therefor are provided in the note.
Irregular expenditure is removed from the note when it is either condoned by the relevant authority or transferred to receivables for recovery.
Irregular expenditure receivables are measured at the amount that is expected to be recoverable and are de-recognised when settled or subsequently written-off as irrecoverable.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 175 22 364 100 1,145 8,856 10,487 R’000 2012/13 - - 2,839,824 2,839,824 1,273 1,053 12,386 10,060 2012/13 R’000 received Appropriation R’000 2013/14 2.1 2.2 2.3 2.4 2.5 Note 3,068,164 3,068,164 R’000 Received Actual Funds 2013/14 3,068,164 3,068,164 Final R’000 Appropriation for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS National Prosecuting Authority National Prosecuting Sales of goods and services other than capital assets Interest, dividends and rent on land dividends and rent Interest, Sales of capital assets in financial assets and liabilities Transactions received Transfer collected Departmental revenue Total 1. Annual Appropriation 1. Annual Appropriation 1.1 Annual Appropriation funds): Act) for National Departments (Voted Act (and the Adjustments Appropriation in terms of the Appropriation funds appropriated Included are 2. Departmental revenue
176 22 22 47 11 22 364 364 1,134 1,145 1,087 R’000 R’000 R’000 2012/13 2012/13 2012/13 - - - 49 10 1,263 1,273 1,053 1,053 1,214 R’000 R’000 R’000 2013/14 2013/14 2013/14 2 2 2 29 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Sales of goods and services other than capital assets on land dividends and rent Interest, Sale of capital assets Sales by market establishment Other sales Machinery and equipment Total Sales of goods and services produced by the department Sales of goods and services produced Total Interest Total assets Tangible Sales of scrap, waste and other used current goods Sales of scrap, waste and other used current 2.1 2.2 on contractual debt. This interest on land comprises of one account representing dividends and rent Interest, number of bursary debt that was raised and recovered. because of the increased account increased 2.3
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 177 - 82 100 100 (23) 8,856 3,945 4,911 2,674 (2,733) (2,733) R’000 R’000 R’000 2012/13 2012/13 2012/13 ------6,203 3,857 10,060 R’000 R’000 R’000 2013/14 2013/14 2013/14 2 2 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Transactions in financial assets and liabilities Transactions received Transfers Current Other Receipts including Recoverable Revenue Total Receivables Foreign Opening Balance Revenue Expenditure to donor Surrendered Closing Balance Public corporations and private enterprises Total 2.4 2.5 3. Aid assistance other sources in cash from 3.1 Aid assistance received
178 (23) 4,791 4,709 31,674 19,889 29,000 19,889 19,889 19,889 (16,553) (16,553) (13,820) (13,820) R’000 R’000 R’000 2012/13 2012/13 2012/13 - 19,889 20,000 26,945 19,889 20,000 26,945 26,945 26,945 (12,944) (12,944) (12,944) (12,944) R’000 R’000 R’000 2013/14 2013/14 2013/14 Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Aid assistance received in cash from CARA Fund in cash from Aid assistance received assistance Total Analysis of balance Current CARA Fund Current Opening Balance Revenue Expenditure Closing Balance Aid assistance unutilised Closing balance Opening Balance Revenue Expenditure to RDP/Donor Surrendered Closing Balance 3.2 3.3 3.4
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 179 8 162 2,185 4,531 4,998 29,271 64,295 361,070 201,693 266,158 1,647,622 2,044,679 2,310,837 R’000 R’000 2012/13 2012/13 3 174 1,548 4,857 30,221 11,285 64,946 393,076 210,953 276,076 1,719,290 2,155,420 2,431,496 R’000 R’000 2013/14 2013/14 Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Social contributions Basic salary Performance award Service Based Compensative/circumstantial Other non-pensionable allowances Total Employer contributions Pension Medical UIF Bargaining council Total compensation of employees Total number of employees Average 4. Compensation of employees 4.1 Salaries and Wages 4.2
180 - 1 7 341 1,622 5,769 8,458 2,167 2,384 5,559 2,809 3,137 32,427 50,072 84,533 12,351 24,935 15,448 63,730 80,223 54,306 450,279 R’000 2012/13 - - 21 25 2,402 8,732 3,197 1,984 1,932 6,354 3,370 3,836 20,892 57,909 18,245 49,713 23,503 63,749 45,124 110,846 144,922 566,756 R’000 2013/14 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Administrative fees Advertising Capital assets less than R5 000 Bursaries (employees) Catering Communication Computer services Consultants, contractors and agency/outsourced services Consultants, contractors and agency/outsourced Entertainment Audit cost – external Fleet services Inventory Consumables Operating leases Property payments Property Rental and hiring Transport provided as part of the departmental activities provided Transport Travel and subsistence Travel Venues and facilities Venues Training and development Training Other operating expenditure Total 5. Goods and services
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 181 - 8,458 5,284 8,458 30,283 19,789 50,072 16,517 46,344 16,388 84,533 R’000 R’000 R’000 2012/13 2012/13 2012/13 7 3,190 9,265 2,503 2,328 3,197 48,644 57,909 17,811 88,204 110,846 R’000 R’000 R’000 2013/14 2013/14 2013/14 5 5 5 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Capital assets less than R5 000 Computer services services Consultants, contractors and agency/outsourced Machinery and equipment assets Transport SITA computer services relate to ICT and related services provided in terms of the SITA Act 88 of 1998. in terms of the SITA services provided to ICT and related computer services relate SITA Tangible assets Tangible computer services SITA External computer service providers Total Business and advisory services Legal costs Contractors services Agency and support/outsourced Total Total 5.1 5.2 section 38 appointments to of curator payments and NPA reclassification to the relates cost amounts services and Legal and advisory in Business The decrease on an on-going basis. to settle curator expenditure efforts in Contractors payments was due to the NPA’s form part of Contractors. The increase 5.3
182 - - - - 8 52 67 341 785 785 214 5,559 5,559 24,935 24,150 R’000 R’000 R’000 2012/13 2012/13 2012/13 - - - - - 46 42 418 255 339 6,354 6,354 1,100 49,713 48,613 R’000 R’000 R’000 2013/14 2013/14 2013/14 5 5 5 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS IT consumables Other consumables Uniform and clothing Household supplies Building material and supplies Audit cost – External Total Medical supplies Total Materials and supplies Total Stationery, printing and office supplies printing and office Stationery, Learning, teaching and support material Regularity audits Food and food supplies Consumable supplies 5.4 5.5 Inventory to Consumables. reflected in the prior year was transferred of inventory the amounts of the reclassification As a result 5.6 Consumables
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 183 779 834 1,592 4,987 47,607 15,344 63,730 47,727 54,306 80,223 79,389 R’000 R’000 R’000 2012/13 2012/13 2012/13 297 743 1,237 1,933 45,834 98,791 43,144 45,124 63,749 61,816 144,922 R’000 R’000 R’000 2013/14 2013/14 2013/14 5 5 5 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Property payments Property and subsistence Travel Total Foreign Local Municipal services management fees Property Other Total bodies, membership and subscription fees Professional Resettlement costs Other Total 5.7 and security. (fumigation) and safeguarding pest control cleaning, fumigation, laundry, payments: Other comprises the following services: gardening, Property 5.8 by National Treasury. introduced of the implementation cost cutting measures and subsistence: Local is the result in Travel The reduction 5.9 Other operating expenditure tests, storage of assets and witness Other comprises laundry services, courier printing and publication, roadworthy Other operating expenditure: custody fees.
184 - 25 534 315 185 105 315 2,740 3,274 3,589 3,274 R’000 R’000 R’000 2012/13 2012/13 2012/13 53 20 32 219 114 219 1,616 2,418 4,034 4,253 4,034 R’000 R’000 R’000 2013/14 2013/14 2013/14 6 6 6.2 6.1 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Disciplinary Steps taken/ Criminal proceedings for recovery investigated and either referred Cases were or write off Cases were investigated and either referred for recovery for recovery investigated and either referred Cases were or write off for recovery investigated and either referred Cases were or write off for recovery investigated and either referred Cases were or write off Other material losses Debts written off Total Debts written off Nature of other material losses Nature Incident Capital Assets written off Minor Assets written off Motor vehicle accidents Losses and damages Total Nature of debts written off Nature written off Recoverable revenue debt written off Irrecoverable debt written off Total Other material losses written off 6. Payments for financial assets 6.1 6.2
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 185 6,571 4,344 2,227 50,885 68,548 17,663 68,548 R’000 R’000 2012/13 2012/13 43,310 54,499 11,189 54,499 8,739 2,421 Total R’000 11,160 43,310 54,499 11,189 54,499 R’000 R’000 2013/14 2013/14 54,499 43,310 11,189 54,499 Note 29.1 33.1 Note Annex 1A Annex 1B R’000 Voted funds Voted 2013/14 for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Machinery and equipment Buildings and other fixed structures Machinery and equipment Buildings and other fixed structures Analysis of funds utilised to acquire capital assets – Analysis of funds utilised to acquire Total Total Total Total Total Households Tangible assets Tangible Departmental agencies and accounts Tangible assets Tangible 7. Transfers and subsidies 7. Transfers for capital assets 8. Expenditure 8.1
186 151 273 13,249 12,825 R’000 2012/13 68,548 68,548 17,663 50,885 - 325 Total R’000 20,045 19,720 R’000 2013/14 50,015 11,189 38,826 50,015 R’000 2013/14 68,548 68,548 17,663 50,885 Note R’000 Voted funds Voted Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Analysis of funds utilised to acquire capital assets – 2012/13 Analysis of funds utilised to acquire Cash and cash equivalents Buildings and other fixed structures Machinery and equipment Buildings and other fixed structures Machinery and equipment Total Investments (Domestic) Cash on hand Total Total Consolidated Paymaster General Account Tangible assets Tangible Tangible assets Tangible Total 8.2 for capital assets included in Expenditure 8.3 Finance lease expenditure 9.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 187 - 5 324 7,720 10,876 18,925 75 807 807 807 347 1,229 Total R’000 2012/13 R’000 R’000 2012/13 2012/13 - - 50 324 8,807 9,181 86 440 8,968 8,968 9,494 8,968 Total R’000 R’000 R’000 2013/14 2013/14 - - - 128 3,745 3,873 R’000 10 10.1 Note Note Older than three years Older than three 2013/14 - - - 196 1,728 1,924 R’000 One to three years One to three - - - 50 for the year ended 31 March 2014 for the year ended 31 March 3,334 3,384 R’000 NOTES TO THE ANNUAL FINANCIAL STATEMENTS Less than one year 11.1 11.2 11.3 11.5 11.4 Note Annex 3 Prepayments and advances Prepayments Total Advances paid Prepayments Total Travel and subsistence Travel National departments : GCIS Claims recoverable Recoverable expenditure debt Staff Fruitless and wasteful expenditure Other debtors Total 10. 10.1 Advances paid The advance amount relates to the “My NPA” television campaign produced by Government Communication Information Systems (GCIS). television campaign produced to the “My NPA” The advance amount relates 11. Receivables
188 - 5 5 73 25 324 324 7,720 7,720 10,876 10,778 R’000 R’000 R’000 R’000 2012/13 2012/13 2012/13 2012/13 - - 1 9 50 50 176 324 324 8,807 8,621 R’000 R’000 R’000 R’000 2013/14 2013/14 2013/14 2013/14 11 11 11 11 Note Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Total Sal: Reversal Control Sal: Official Union: CL Sal: Official Total Total Debt: CA Sal: Tax Total National departments Disallowance Miscellaneous Debt Account: CA Clearing VAT 11.1 Claims recoverable (disallowance accounts) 11.2 Recoverable expenditure debt 11.3 Staff 11.4 Other debtors
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 189 - - - 300 2,565 5,697 5,697 6,250 (2,865) (6,250) R’000 R’000 R’000 2012/13 2012/13 2012/13 - - - - - 8 225 (233) 3,733 3,733 R’000 R’000 R’000 2013/14 2013/14 2013/14 11 11 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Total Transfers from note 25 Fruitless and Wasteful Expenditure note 25 Fruitless and Wasteful from Transfers Closing balance Less amounts written off Less amounts recovered Total Paid during the year Opening balance Estimate of impairment receivables Opening balance 11.5 Fruitless and wasteful expenditure 11.6 Impairment of receivables to the Revenue Fund funds to be surrendered 12. Voted
190 - - - 6 12 72 41 19 417 4,578 4,578 4,578 4,428 2,869 (8,035) 10,487 R’000 R’000 R’000 R’000 2012/13 2012/13 2012/13 2012/13 - - - 48 26 87 22 22 1,204 1,204 1,204 4,920 1,043 2,869 12,386 (10,335) R’000 R’000 R’000 R’000 2013/14 2013/14 2013/14 2013/14 15 Note 15.1 Note Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Bank Overdraft Payables – current Total Sal: Medical Aid: CL Private telephone PACE claims PACE Closing balance Disallowance Miscellaneous Paid during the year Sal: ACB Recalls Total Transfer from Statement of Financial Performance (as restated) from Transfer Sal: Income Tax Overdraft with commercial banks (Local) with commercial Overdraft Opening balance Description Sal: Pension Fund Clearing accounts Total 13. Departmental revenue and NRF Receipts to be surrendered to the Revenue Fund and NRF Receipts to be surrendered 13. Departmental revenue 14. 15. 15.1 Clearing accounts
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 191 (23) (22) 409 151 273 (6,749) 47,739 68,548 13,249 22,131 25,608 12,825 (14,285) (25,747) R’000 R’000 2012/13 2012/13 - - (22) 325 9,744 (3,374) (8,265) 61,711 54,499 20,023 42,269 19,442 19,720 (10,335) R’000 R’000 2013/14 2013/14 Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Net cash flow available from operating activities Net cash flow available from Reconciliation of cash and equivalents for flow purposes Net cash flow generated by operating activities Surrenders to RDP Fund/Donor Surrenders Surrenders to Revenue Fund Surrenders Expenditure on capital assets Expenditure Proceeds from sale of capital assets from Proceeds (Decrease) in payables – current (Decrease) (Increase)/decrease in prepayments and advances in prepayments (Increase)/decrease Total Decrease/(increase) in receivables – current in receivables Decrease/(increase) banks (Local) Cash with commercial Add back non cash/cash movements not deemed operating activities Cash on hand Net surplus as per Statement of Financial Performance Consolidated Paymaster General account 16. 17.
192 1,758 7,411 57,065 66,234 506 506 R’000 2012/13 R’000 2012/13 619 - - 1,567 43,260 45,446 R’000 2013/14 R’000 2013/14 Note Annex 4 Annex 2A Note Annex 2B for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Employees Nature to Liable Housing loan guarantees Claims against the department Intergovernmental payables (unconfirmed balances) Total Nature of contingent asset Nature Labour court ruling Total 18. Contingent liabilities and contingent assets 18.1 Contingent liabilities # report Persal per as 1,937) R (2012/13: million 1,758 R to restated is Guarantees Loan Housing Liabilities: Contingent for year prior the of balance opening The 7.11.15. in terms of the policy and procedure events as regulated of future or non-occurrence The payment of Housing loan guarantees is dependent on the occurrence by the National Department of Public and Employees in the Public Sector as issued administered manual, Guarantee Scheme for Housing Loans Officials Works. these oppose can successfully it that opinion of the is NPA The NPA. against the taken actions to civil relates above reported department the against Claims has will only be settled after the NPA Intergovernmental claims received is lengthy and accompanies an amount of uncertainty. the legal process cases. However, confirmed liability. 18.2 Contingent assets
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 193 - - - - 352 81,748 81,748 81,748 1,254 39,549 37,943 R’000 Total 2012/13 R’000 2012/13 - 103 5,873 2,983 16,035 21,908 97,071 72,180 75,163 13,985 13,882 Total R’000 R’000 2013/14 2013/14 - - 237 237 Note 30+ Days - 103 13,748 13,645 30 Days for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Total Other Capital assets Listed by economic classification Goods and services Approved but not yet contracted Approved Commitments Total Capital expenditure and contracted Approved Current expenditure Current and contracted Approved but not yet contracted Approved 19. Commitments years for computer and server support commitments to the amount of R 7,944,986 for next three Included in the commitment amounts are maintenance. 20. Accruals and payables not recognised
194 - - - 4,322 1,333 4,052 37,275 58,646 82,445 39,549 29,842 302,602 124,236 R’000 R’000 R’000 2012/13 2012/13 2012/13 75 75 3,991 3,755 1,475 1,503 3,261 38,830 63,118 99,072 13,985 325,866 124,846 R’000 R’000 R’000 2013/14 2013/14 2013/14 Note Note Note Annex 4 for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Total Confirmed balances with other departments Total Total Support Services Capped leave commitments Office for Office Witness Protection Performance awards Asset Forfeiture Unit Asset Forfeiture Service bonus (Thirteenth cheque) Specialised Prosecutions Services Specialised Prosecutions Leave entitlement Listed by programme level Listed by programme Service National Prosecutions The Programme structure of the NPA changed as from 1 April 2013 in order to reflect Specialised Prosecutions Services as a separate programme. Services as a separate programme. Specialised Prosecutions to reflect 1 April 2013 in order changed as from of the NPA structure The Programme Service National Prosecutions Services for the 2012/13 financial year was included in amount The Accrual amount for Specialised Prosecutions (R 4,052 million). 21. Employee benefits rate leave taken by pro Included in the leave entitlement is a negative balance amounting to R 6,775,272.64 (2012/2013:R 4,048,240.19) that represents 2014. in advance during the period January 2014 to March permanent staff
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 195 - 44,737 81,328 33,296 41,560 74,856 126,065 Total Total - 8,811 31,712 59,954 91,666 19,969 28,780 Machinery and equipment Machinery and equipment 4,394 5,031 9,425 2,922 2,922 - 13,025 21,374 34,399 13,327 32,749 46,076 Total Total structures structures 4,394 5,031 9,425 2,922 2,922 Buildings and other fixed Buildings and other fixed ------for the year ended 31 March 2014 for the year ended 31 March fixed structures fixed structures Buildings and other Buildings and other Vehicles Vehicles NOTES TO THE ANNUAL FINANCIAL STATEMENTS Not later than 1 year Later than 1 year and not later 5 years lease commitments Total 2012/13 Not later than 1 year lease commitments Total 2013/14 2013/14 Not later than 1 year Later than 1 year and not later 5 years Total lease commitments Total Later than five years 2012/13 Not later than 1 year Later than 1 year and not later 5 years Total lease commitments Total 22. Lease commitments 22.1 Operating leases expenditure submitted has NPA The subleased. are assets No houses. and buildings for agreements lease to relates above disclosed commitments lease operating The of the building leases. for the renewal to Department of Public Works requests 22.2 Finance leases expenditure** The amounts previously reflected under Vehicles (2012/2013: Note later than 1 year: R 15,353 and Later than 1 year and not later than 5 years: R 7,723 R 5 years: than later not and year 1 than and Later 15,353 R 1 year: than later Note (2012/2013: Vehicles under reflected previously amounts The later than 5 years: R 1,088). as part of Machinery and Equipment (2012/2013: Note later than 1 year: R 4,616 Later year not is reported
196 - - 20,000 20,000 20,000 20,000 R’000 R’000 2012/13 2012/13 - - - - 20,000 (20,000) R’000 R’000 2013/14 2013/14 Note Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Transfers received (incl. conditional grants to be repaid by provincial departments) by provincial (incl. conditional grants to be repaid received Transfers Total Opening balance Less: amounts received Add: amounts recognised Closing balance The finance lease commitment amounts reflected above relates to photocopy machines, motor vehicles and buildings. No assets are subleased. The relates to photocopy machines, motor vehicles and buildings. No assets reflected above The finance lease commitment amounts contains for a period of 3 years and do not contain any escalation clauses. The building lease agreement motor vehicle and photocopy machine leases are an annual escalation linked to CPIX. 23. Accrued departmental revenue 23.1 Analysis of accrued departmental revenue
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 197 - (1,700) 10,756 10,756 10,148 406,310 395,554 406,310 509,129 (122,023) R’000 2012/13 - - - (125) 5,125 5,125 411,310 406,185 411,310 406,310 R’000 2013/14 Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Less: Prior year amounts condoned year amounts condoned Less: Current (not condoned) Less: Amounts not recoverable awaiting condonation expenditure Irregular Analysis of awaiting condonation per age classification year Current Prior years Total Opening balance to prior year – relating expenditure Add: Irregular year to current – relating expenditure Add: Irregular 24. Irregular expenditure 24. Irregular expenditure 24.1 Reconciliation of irregular duplicate R 527,920 to 509,129. This was done rectify with R 18,791 million changing the amount from The prior year opening balance was restated financial year. Register during the current Expenditure entries identified in the Irregular
198 3 8 6 3 8 6 17 14 77 17 17 14 77 125 5,125 4,983 R’000 R’000 2013/14 2013/14 for the year ended 31 March 2014 for the year ended 31 March Disciplinary steps taken/criminal proceedings Referred to Labour Relations Referred to Labour Relations Referred to Labour Relations Referred to Labour Relations Referred to Labour Relations Referred Criminal investigation to Labour Relations Referred to Labour Relations Referred Condoned by (condoning authority) CEO: NPA CEO: NPA CEO: NPA CEO: NPA CEO: NPA CEO: NPA NOTES TO THE ANNUAL FINANCIAL STATEMENTS Incident Incident Acting allowance Witness fees Forensic Psychologist Forensic repair Aircon IT equipment repair Cleaning contract Total Witness fees Psychologist Forensic repair Aircon IT equipment repair Cleaning contract Total Accommodation lease appointment Incorrect Acting allowance 24.2 Details of irregular expenditure – current year – current expenditure 24.2 Details of irregular condoned expenditure 24.3 Details of irregular
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 199 - (6) 20 1,594 1,594 2,563 1,882 1,594 (2,865) R’000 R’000 2012/13 2012/13 - 44 122 (380) (233) 1,147 1,147 1,594 1,147 R’000 R’000 2013/14 2013/14 11.6 Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Current Total Opening balance to prior year – relating Fruitless and wasteful expenditure year to current – relating Fruitless and wasteful expenditure Less: Amounts resolved for recovery to receivables Less: Amounts transferred awaiting resolution Fruitless and wasteful expenditure 25. Fruitless and wasteful expenditure 25.1 Reconciliation of fruitless and wasteful expenditure per economic classification 25.2 Analysis of awaiting resolution
200 6 1 2 88 25 122 2,026 2,026 12,494 12,494 R’000 R’000 R’000 2013/14 2012/13 2012/13 2,004 2,004 113,342 113,342 R’000 R’000 2013/14 2013/14 Note Note Disciplinary steps taken/criminal proceedings Amount recovered Amount recovered Under investigation Amount written off Under investigation for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Incident Officials seconded Officials Total No shows fines Traffic Civil claims paid Damage to leased equipment paid Interest Total Goods and services Total 25.3 Analysis of Current year’s fruitless and wasteful expenditure fruitless and wasteful expenditure year’s 25.3 Analysis of Current 26. Related party transactions 26.1 Payments made 26.2 Other
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 201 70,198 70,198 R’000 2013/14 Note for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS The NPA is a programme (Programme 4) on the vote of the Department of Justice and Constitutional Development. The relevant Executive Authority is the Minister for 4) on the vote of Department Justice and Constitutional Development. The relevant (Programme is a programme The NPA not necessarily conducted are basis. These transactions regular on a this vote under falling entities with transacts NPA the As such Development. and Constitutional Justice basis. on a no-cost or recovery rendered length as most services are at arm’s and Monitoring of Communication, of Interception The entities include the Family Advocate, State Attorneys,for Control State Law Advisers, Master of the High Court, Office for the Labour Rules Board of Sheriffs, Fund, Board Commission, President’s Magistrate’s South African Human Rights Commission, Commission on Gender Equality, for Political Parties’ Fund, Rules Board Criminal Assets Recovery Committee, Represented Court, Equality Review Committee, Debt Collectors’ Council, Public Protector, the transfer to The NCPS. the and Africa Aid South Legal Unit, Investigating Special Commission, Reform Law African South Commission, Service Judicial Law, of Courts on behalf of the NPA. incurred basis for legal expenditure State Attorney is on a reimbursement internal audit and committee with the Department of Justice Constitutional Development. The cost associated an accounting officer, share The NPA budget The courts. lower the at prosecutors to rendered Internal of cost the to contributed services security and Audit NPA The DoJ&CD. by carried are officials mentioned paid by DoJ&CD. are the payment for majority of facilities occupied by NPA for accommodation and therefore the Minister of Justice and Constitutional Development is cited along with where prosecution for wrongful to summonses received The contingent liability amount related Development. in the Annual Report of Department Justice and Constitutional is reflected Public Prosecution the National Director including the within the Department of Justice and Constitutional Development. The Accountant General has exempted department from is a programme The NPA the legislation, to the current affected are no changes If only. year financial the 2013/14 for department the of statements financial the in the NPA of transactions financial and submit one set of interim annual financial statements that 1 April 2014, prepare from Department of Justice and Constitutional Development must, with effect not submit separate financial statements. in future will therefore The NPA of the NPA. include the results In kind goods and services received IJS Project Total
202 - 438 9,665 2,003 35,803 25,700 77,710 (27,172) (97,411) 170,920 172,923 126,050 172,923 R’000 R’000 2012/13 R’000 2012/13 Total provisions Total - - - - 2,003 - (2,003) 471 11,069 40,242 28,702 126,050 126,050 R’000 R’000 Job evaluation R’000 2013/14 2013/14 - 1 77,710 10 18 (27,172) (95,408) 126,050 170,920 R’000 Note Curator Expenditure No. of Individuals for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS Movable Tangible Capital Assets Movable Tangible Level 14 (incl. CFO if at a lower level) Level 15 to 16 Closing balance Change in provision due to change is estimation inputs Change in provision Unused amounts reversed Settlement of provisions Provisions raised Provisions Family members of key management personnel Total Opening balance Officials: Curator Expenditure Implementation of job evaluation Grading jobs / posts Total 27. Key management personnel only the EXCO and MANCO members on salary level 14 or higher. represents Key Management personnel expenditure 28. Provisions – 2013/14 28. 1 Reconciliation of movement in provisions has committed to paying curator The NPA process. as part of the Asset Forfeiture incurred to curator expenditure above relates amount reported The provision on an ongoing basis depending the availability of funds. expenditure 29.
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 203 455 455 688 14,854 23,384 165,691 126,765 166,146 R’000 Closing Balance - - (15) (19) (618) (186) (838) (838) R’000 Disposals - - - 1,438 1,557 17,151 14,156 17,151 R’000 Additions (33) (89) 269 (33) (846) 1,832 2,498 1,799 R’000 prior year balances Curr Year Adjustments to Curr Year 488 488 792 10,985 21,696 147,546 114,073 148,034 R’000 balance Opening for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS MOVEMENT IN MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014 CAPITAL TANGIBLE MOVEMENT IN MOVABLE HERITAGE ASSETS HERITAGE Heritage assets MACHINERY AND EQUIPMENT MACHINERY Transport assets Transport Computer equipment Furniture and office equipment and office Furniture Other machinery and equipment ASSETS CAPITAL TANGIBLE MOVABLE TOTAL The NPA has identified some assets in its environment which is not reflected in the asset register totals reported above. The NPA is currently investigating if the NPA is currently reported above. The register totals reflected in the asset which is not has identified some assets in its environment The NPA above is capital assets to the value of R 25,806.16 Included in the amounts reported it can be added to the Asset Register. before paid for by the NPA assets were 2014 was not yet approved. on 31 March identified for disposal however, that were 29.1 Additions
204 ------1,438 1,557 17,151 17,151 14,156 Total R’000 R’000 Cash Received Actual - - - 103 103 103 paid R’000 (Paid current year, year, (Paid current received prior year) received Received current, not Received current, - 19 15 (367) 838 186 618 838 (10,108) (28,915) (39,390) (39,390) R’000 R’000 Total disposals Total lease payments) (Capital Work in Progress in Progress (Capital Work current costs and finance current 19 15 838 186 618 838 - - - 13,128 13,128 13,128 R’000 R’000 Non-cash Transfer out or Transfer destroyed or scrapped destroyed ------1,028 1,924 43,310 11,443 28,915 43,310 for the year ended 31 March 2014 for the year ended 31 March Cash R’000 R’000 Sold for cash NOTES TO THE ANNUAL FINANCIAL STATEMENTS TOTAL DISPOSAL OF MOVABLE TANGIBLE TANGIBLE DISPOSAL OF MOVABLE TOTAL ASSETS CAPITAL Other machinery and equipment Furniture and office equipment and office Furniture Computer equipment TOTAL ADDITIONS TO MOVABLE TANGIBLE TANGIBLE ADDITIONS TO MOVABLE TOTAL ASSETS CAPITAL Transport assets Transport Other machinery and equipment AND EQUIPMENT MACHINERY ADDITIONS TO MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014 CAPITAL TANGIBLE ADDITIONS TO MOVABLE ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014 CAPITAL TANGIBLE DISPOSALS OF MOVABLE Transport assets Transport Computer equipment equipment and office Furniture MACHINERY AND EQUIPMENT MACHINERY 29.2 Disposals
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 205 488 488 792 10,985 21,696 147,546 114,073 148,034 R’000 Closing Balance - - - - (90) (55) (145) (145) R’000 Disposals - - 430 719 36,503 24,632 10,722 36,503 R’000 Additions 132 (778) 5,231 76,472 81,057 93,829 93,829 - (33) (17) 488 488 264 (174) (224) Total Total R’000 132 R’000 (778) 5,231 76,472 81,057 93,829 93,829 year balances Curr Year Adjustments to prior Curr Year R’000 - - 362 89,705 11,007 10,338 111,412 111,412 Machinery and equipment Machinery and equipment for the year ended 31 March 2014 for the year ended 31 March R’000 Opening balance NOTES TO THE ANNUAL FINANCIAL STATEMENTS MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2014 MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR YEAR ENDED AS AT HERITAGE ASSETS HERITAGE Heritage assets AND EQUIPMENT MACHINERY Transport assets Transport Computer equipment Other machinery and equipment ASSETS CAPITAL TANGIBLE MOVABLE TOTAL Furniture and office equipment and office Furniture Opening balance balances Adjustments to Prior Year Curr Year Additions Disposals MINOR ASSETS TOTAL Number of minor assets at cost NUMBER OF MINOR ASSETS TOTAL Movement for 2012/13 30 Minor assets 30.1 assets disposed not yet collected to the value of R 65,833.85 above for minor assets are Included in the amounts reported and assets to the value of 2014 was not yet approved. on 31 March R 122,061.91 identified for disposal however,
206 838 838 145 145 (789) 8,578 76,472 52,918 15,765 86,807 86,807 Total Total Total R’000 R’000 Total R’000 Total R’000 (789) 8,578 145 145 838 838 76,472 15,765 86,807 52,918 86,807 R’000 R’000 R’000 R’000 Machinery and equipment Machinery and equipment Machinery and equipment Machinery and equipment for the year ended 31 March 2014 for the year ended 31 March NOTES TO THE ANNUAL FINANCIAL STATEMENTS MOVABLE ASSETS WRITTEN OFF FOR THE YEAR ENDED AS AT 31 MARCH 2014 ASSETS WRITTEN OFF FOR THE YEAR ENDED AS AT MOVABLE Assets written off Assets written off ASSETS WRITTEN OFF MOVABLE TOTAL 31 MARCH 2013 ASSETS WRITTEN OFF FOR THE YEAR ENDED AS AT MOVABLE ASSETS WRITTEN OFF MOVABLE TOTAL TOTAL MINOR ASSETS TOTAL Disposals Curr Year Adjustments to Prior Year balances Adjustments to Prior Year Curr Year Additions NUMBER OF MINOR ASSETS TOTAL Opening balance Number of minor assets at cost 30.2 MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2013 30.2 MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR YEAR ENDED AS AT 31. Movable assets written off
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 207 - - - - - R’000 Closing Balance Total R’000 - - R’000 Disposals - - (11,189) (11,189) (11,189) R’000 Additions R’000 - - (Capital Work in Progress current current in Progress (Capital Work costs and finance lease payments) R’000 balances 11,189 11,189 11,189 Cash R’000 Curr Year Adjustments to prior year Curr Year - - for the year ended 31 March 2014 for the year ended 31 March R’000 Opening balance NOTES TO THE ANNUAL FINANCIAL STATEMENTS MOVEMENT IN IMMOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014 CAPITAL TANGIBLE MOVEMENT IN IMMOVABLE TOTAL ADDITIONS TO IMMOVABLE TANGIBLE CAPITAL CAPITAL TANGIBLE ADDITIONS TO IMMOVABLE TOTAL ASSETS ADDITIONS TO IMMOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014 CAPITAL TANGIBLE ADDITIONS TO IMMOVABLE BUILDING AND OTHER FIXED STRUCTURES Other fixed structures BUILDINGS AND OTHER FIXED STRUCTURES Other fixed structures TOTAL IMMOVABLE TANGIBLE TANGIBLE IMMOVABLE TOTAL ASSETS CAPITAL 32. Immovable Tangible Capital Assets 32. Immovable Tangible 32.1 Additions
208 - - - R’000 1,368 1,368 Closing Balance (18,791) (18,791) - - - R’000 R’000 2012/13 2012/13 R’000 Disposals - - - to R 509,129. This was done to rectify to R 509,129. This was done rectify
R’000 Additions Note Note - - - R’000 balances the current financial year. financial year. the current
Curr Year Adjustments to prior year Curr Year - - - R’000 Opening balance TOTAL IMMOVABLE TANGIBLE TANGIBLE IMMOVABLE TOTAL ASSETS CAPITAL Other fixed structures MOVEMENT IN IMMOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2013 CAPITAL TANGIBLE MOVEMENT IN IMMOVABLE BUILDINGS AND OTHER FIXED STRUCTURES were restated as follows: restated The comparative amounts in Note 24 were Opening Balance on the note Net effect as follows: restated The comparative amounts in Note 28 were Opening Balance on the note Net effect 33. Prior period errors for secondary information of prior period error 33.1 Correction R 527,920 with R 18,791 million changing the amount from The prior year opening balance was restated R 169,552 million to 170,920 million. This was with R 1,368 thousand changing the amount from The prior year opening balance was restated a prior year error. done to correct to submit separate financial statements 34. Approval the and approved provision the current from The Accountant General, in terms of section 79 the PFMA granted DOJCD a departure own AFS for the 2013/14 financial year only. separate submission of the NPA’s duplicate entries identified in the Irregular Expenditure Register during Expenditure duplicate entries identified in the Irregular 32.2 Movement for 2012/13
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 209 54 Act Act 2,227 2,173 4,344 4,344 R’000 R’000 2012/13 2012/13 Appropriation Appropriation Appropriation % % % of % of 100% 100% 100% funds 100% funds 100% Available Available Available Available Transferred Transferred
27 TRANSFER 2,421 2,394 8,739 8,739 R’000 R’000 EXPENDITURE Actual Actual Transfer Transfer
27 Total Total 8,739 8,739 2,421 2,394 R’000 R’000 Available Available
27 R’000 1,385 1,385 R’000 (5,052) (5,025) Adjustments Adjustments
-
- - - - Roll Roll R’000 R’000 Overs Overs TRANSFER ALLOCATION TRANSFER ALLOCATION - Act 7,354 7,354 R’000 7,446 7,446 R’000 Adjusted Adjusted Appropriation Appropriation for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS DEPARTMENT/ AGENCY/ ACCOUNT DEPARTMENT/ HOUSEHOLDS Transfers Social benefits SETA: Safety and Security SETA: Radio and TV licenses Total Total ANNEXURE 1A AGENCIES AND ACCOUNTS OF TRANSFERS TO DEPARTMENTAL STATEMENT ANNEXURE 1B OF TRANSFERS TO HOUSEHOLDS STATEMENT
210 6 5 3 8 5 1 1 30 52 15 24 50 50 17 113 100 100 1,000 23,689 R’000 2012/13 ------23 R’000 2013/14 for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS Gym equipment Camden Asset recovery Inter agency seminar Camden Asset recovery and water provided Chips, Tropica East African Prosecutors and Investigators workshop East African Prosecutors Laptop Sponsor travel and accommodation Cover full cost for a delegate to attend Corruption Hunter meeting International workshop Cost of workshop Wall Clocks Wall Laptop Netbook Sponsor accommodation for 1 night NATURE OF GIFT, DONATION OR SPONSORSHIP DONATION OF GIFT, NATURE donations up to R 1000 Various Rugby tickets (SA vs. England) Court preparation equipment Court preparation IJS project Centres items for the Thuthuzela Care Various Rebosis Property Fund Rebosis Property Hungarian National Police Clover SA and Dr Ntlopi Commonwealth Secretariat Europol Mauritius of the Public Prosecutor: Office Norad Indonesian Witness agency and victim protectors systems Onelaw debt recovery Zambian National Prosecuting Authority Zambian National Prosecuting Escon Genesis Training Government of Botswana NAME OF ORGANISATION Various Sun Tsogo Received in cash Dis-Chem foundation Subtotal Received in kind assets IJS Project USAID ANNEXURE 1C AND SPONSORSHIPS RECEIVED OF GIFTS, DONATIONS STATEMENT
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 211 - - - - - 2 4 2 3 9 2 10 23 52 18 37 15 430 292 R’000 2012/13 ------2 8 8 24 25 R’000 2013/14 - for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS The CARIN AGM will recognise and implement alternative strategies to target the proceeds of crime. and implement alternative strategies to target the proceeds The CARIN AGM will recognise to the Kenyan Witness Protection for the assistance rendered as a token of appreciation Gifts presented Agency by the OWP: WC during 16-19 April 2013. in Tshepong of the waiting room The renovation Training. PFMA and MFMA Offences Allowance. Economy Class Air ticket, Accommodation, Subsistence and Travel Motor vehicles Tables. Pool, Soccer and Tennis thought: Witness in Africa by the Institute for Security Studies Protection 2 Books: Litigation Skills for South Africa Lawyers, 3rd Edition by CG Marnewick; 2 Books: Litigation Skills for South Africa Lawyers, 3rd The Justice Sector After Return Airfare and Accommodation for 1 Delegate to the iLegal Conference in Johannesburg. and Accommodation for 1 Delegate to the iLegal Conference Return Airfare Flight, Accommodation, Meal and Ground Transportation Costs for 2 asset forfeiture proceedings trainers in proceedings Costs for 2 asset forfeiture Transportation Flight, Accommodation, Meal and Ground Windhoek, Namibia. Briefcase and Perfume Airfare, Rail Ticket,Airfare, Restaurant Meal, Certificate, 3 DVDs, Moneticlors, Book and a Reading Light. Sponsor registration fees for 9 delegates Sponsor registration and accommodation for 3 delegates to National Victim empowerment summit Conference NATURE OF GIFT, DONATION OR SPONSORSHIP DONATION OF GIFT, NATURE and accommodation Airfare Airfare and accommodation Airfare building Team Attend and cater for identify theft training summit Diaries and calendars Camdin Asset Recovery Inter-Agency Network Camdin Asset Recovery Inter-Agency (CARIN). Kenyan Witness Agency. Protection Bloempark Reformed Church: Academy. Nexus Training on Drugs and Crime (UN - United Nations Office ODC). Dept. of Justice and Constitutional Development Chauke Andrew Mandla Zulu and Adv. Adv. LexisNexis; Adv. D. Adam LexisNexis; Adv. Consumer Goods Council of South Africa Office of the Prosecutor-General of Namibia of the Prosecutor-General Office Ismail and Celeste Omar South African Federation Against Copyright Theft (SAFACT) Adv. Mokhatla Adv. Dept. of Social Development NAME OF ORGANISATION United States Department of Homeland Security Vital voices AA Corporate services and Tiger Brands AS DoJ & SABRIC PWC
212 ------25,968 26,068 R’000 2012/13 7 3 2 1 2 2 3 72 90 16 10 27 34 76 90 159 684 684 R’000 2013/14 for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS NATURE OF GIFT, DONATION OR SPONSORSHIP DONATION OF GIFT, NATURE Economy Class Air ticket, Accommodation, Subsistence and Travel Allowance. Minimum Services Interna- Economy Class Air ticket, Accommodation, Subsistence and Travel tional Benchmarking Tour on Enforcement. Training on Admissibility of Evidence Training Analysis on Forensic Training Gym Equipment Medal & T-Shirt. Bronze Desk Clock; Key ring; Small Rucksack. Whisky and Caps T-Shirts and Accommodation for 1 Delegate to the East African Association of Anti-Corruption Authori - Return Airfare ties Meeting. Chairs Kitchen Appliances and Children’s Allowance. Economy Class Air ticket, Accommodation, Subsistence and Travel Re - Asset on Forum Arab the of Meeting Second the to Delegate 1 for Accommodation and ReturnAirfare covery. Funding for Training. to and Accommodation in Mozambique Daily Allowance for 5 Delegates the Implementa - Return Airfare tion of the Institute on Sexual and Gender Based Violence. Participation in International Winter (US Judicial System). Leadership Programme NAME OF ORGANISATION Public Service Co-ordinating Bargaining Council. Public Service Co-ordinating Theodor van den Heever Mr. Roux Krige Business Against Crime Old Mutual NW Premier: Department of Labour DataCentrix Nike SA Au - of Anti-Corruption East African Association thorities. Editors Co. (Pty) Ltd Group on Drugs and Crime (UN - United Nations Office ODC) Stolen Asset Recovery Initiative Cheadle Thompson Haysom Inc. Attorneys (on behalf of USAID). Association and SANTAC. Africa Prosecutors United States Government. Subtotal TOTAL
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 213 54,392 54,392 81,337 26,945 26,945 R’000 CLOSING BALANCE 15,608 15,608 28,552 12,944 12,944
R’000 EXPENDITURE 70,000 70,000 90,000 20,000 20,000
R’000 REVENUE - - 19,889 19,889 19,889 R’000 OPENING BALANCE
PURPOSE for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS The project is aimed at contributing to reduction of incidence HIV and AIDS by is aimed at contributing to reduction The project on the linkage between violence against women and children raising awareness and HIV AIDS in South Africa.
NAME OF DONOR Subtotal TOTAL Received in cash CARA Subtotal Received in kind USAID
ANNEXURE 1D RECEIVED OF AID ASSISTANCE STATEMENT
214 ------R’000 Realised losses not claims paid out recoverable i.e. recoverable ------R’000 interest for interest March 2014 March Guaranteed year ended 31 15 82 51 60 39 493 152 191 324 160 1,567 R’000 Closing balance 31 March 2014 31 March ------R’000 Revaluations ------19 37 37 351 258 R’000 the year reduced/ reduced/ cancelled/ Guarantees repayments/ repayments/ released during released ------160 160 R’000 year during the Guarantees draw downs 15 51 60 39 171 119 191 324 197 591 1,758 R’000 balance Opening for the year ended 31 March 2014 for the year ended 31 March 1 April 2013 ------R’000 capital amount Original ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS guaranteed Guarantee in of respect TOTAL Housing Guarantor institution Unique Finance Firstrand Bank FNB - former SA Nedbank Limited Nedbank Ltd(NBS) Nedcor Inv Bank NP Develop Cor Old Mutual (Nedb/P) Bank Standard ABSA ANNEXURE 2A 31 MARCH 2014 – LOCAL OF FINANCIAL GUARANTEES ISSUED AS AT STATEMENT # 7.11.15. to R 1,758 million (2012/13: 1,937) as per Persal report The opening balance of the prior year for Contingent Liabilities: Housing Loan Guarantees is restated
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 215 - - - 5 5 1,418 43,260 41,842
R’000 R’000 Closing Balance 31/03/2013 31 March 2014 31 March
- - - - Total 49 26 13 10 der) R’000 R’000 Liabilities recoverable recoverable (Provide de - (Provide 31/03/2014 - tails hereun - - - - - (2,065) (17,325) (19,390) R’000 R’000 the year duced during - cancelled/re 31/03/2013 Liabilities paid/
- 49 26 13 10 760 4,825 5,585 R’000 R’000 the year Liabilities 31/03/2014 incurred during incurred Unconfirmed balance outstanding - - - 5 5 43,147 13,918 57,065
R’000 R’000 Balance Opening 31/03/2013 1 April 2013
- - - - - R’000 31/03/2014 Confirmed balance outstanding for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS TOTAL Justice College Department of Water Affairs Department of Water Department of Education: FS Nature of Liability Nature Government Entity Department Department of Defence Claims against the department Outstanding law suits (SS, OWP, PCLU) Outstanding law suits (SS, OWP, Outstanding law suits: AFU, Curator fees TOTAL The contingent liabilities amounts reported above relates to civil actions taken against the NPA. The NPA is of the opinion that it can successfully oppose these cases The NPA to civil actions taken against the NPA. above relates The contingent liabilities amounts reported is lengthy and accompanies an amount of uncertainty. the legal process however, ANNEXURE 3 CLAIMS RECOVERABLE ANNEXURE 2B 31 MARCH 2014 OF CONTINGENT LIABILITIES AS AT STATEMENT
216 - - - - 21 24 367 347 7,411 1,676 4,976 R’000 31/03/2013 - - - - 8 7 41 26 TOTAL 694 437 175 R’000 31/03/2014 - - - 21 24 367 347 7,411 1,676 4,976 R’000 31/03/2013 ------7 619 437 175 outstanding Unconfirmed balance R’000 31/03/2014 ------R’000 31/03/2013 ------8 75 41 26 outstanding Confirmed balance R’000 31/03/2014 for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS Total Department Police, Roads and Transport: FS Department Police, Roads and Transport: Government Printing Works Public Administration Leaderships and Management South African Social Security Agency (SASSA) WC and Public Works: Department of Transport Department of Sports, Arts and Culture: NW Department of Sports, Arts and Culture: Department of Justice and Constitutional Development Department of Public Works GOVERNMENT ENTITY DEPARTMENTS Current Department of Home Affairs Department of Human Settlements, Public safety and Liaison: NW ANNEXURE 4 INTER-GOVERNMENT PAYABLES
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 217 - - - 118 4,283 5,498 25,276 (26,609) R’000 2012/13 Quantity - - - - (63) 155 4,283 (4,065) R’000 2013/14 Quantity Note for the year ended 31 March 2014 for the year ended 31 March ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS Closing balance Add/(Less): Adjustments Add/(Less): Adjustments to prior year balance Add: Additions - Non-cash (Less): Disposals (Less): Issues Inventory Opening balance – Cash Add: Additions/Purchases ANNEXURE 5 INVENTORY
218 807 807 R’000 31/03/2013 TOTAL 8,968 8,968 R’000 31/03/2014 - - R’000 31/03/2013 - - standing R’000 Unconfirmed balance out - 31/03/2014 807 807 R’000 31/03/2013 ing 8,968 8,968 R’000 for the year ended 31 March 2014 for the year ended 31 March 31/03/2014 Confirmed balance outstand - ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS ENTITY NATIONAL DEPARTMENTS NATIONAL Department of Communication and In - formation Systems (GCIS) Total ANNEXURE 6 (note 10) PAID INTER-ENTITY ADVANCES
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 219 Technical indicator descriptions
Key concepts
Amount involved The amount involved in a corruption case is the amount that is stated in the charge sheet.
Case In the NPA a case includes criminal court cases and civil court cases. These concepts are defined as: Criminal Court Case is a matter that has been enrolled in a criminal court of South Africa regardless of the forum. At present, excluded from criminal court cases are traffic matters not contained in a police docket, domestic violence matters as far as they do not form part of a police docket, maintenance inquiries, appeals, civil motions, inquests, decision dockets, reviews and ex parte applications. A criminal court case may have multiple counts and/or accused and can involve multiple police dockets. A single docket may result in multiple court cases.
Civil Court Case is a civil matter that has been enrolled in a court of South Africa regardless of the forum. This includes ex parte applications or applications on notice. It includes motion and trial proceedings. Examples are restraint, preservation, forfeiture and confiscation applications. It also includes interlocutory applications relating to living and legal expenses and curators in civil matters.
Alternative Dispute Resolution Methods (ADRM) - alternative dispute resolution encompasses the following methods for the resolution of disputes between the parties. Within the NPA this includes diversion and informal mediation:
• Diversion is one of the alternative ways of delivering justice. It is the process of electing, in suitable and deserving criminal court cases, a manner of disposing of a criminal court case other than through normal court proceedings. After the offender has completed the diversion programme, the social worker submits a report to the prosecutor. If it is clear that the offender has cooperated and benefited from the programme, the matter is withdrawn and recorded as a diverted case Separate statistics are recorded for children (persons younger than 18 years) and adult diversions. Diversions in terms of the Child Justice Act are also included. All figures are totalled on the last court date of each calendar month. • Informal mediation is the process by which a prosecutor, duly authorised thereto and within the ambit of the restorative justice guidelines, while acting as a mediator between the victim and offender, resolves the conflict which resulted in the criminal court case or addresses the harm caused in a manner that does not require formal justice but seeks to deliver justice. The matter is subsequently withdrawn.
Completed forfeiture cases Cases in which the NPA has obtained a forfeiture or confiscation order ito section 18 or section 50 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
220 Complex commercial crime case Complex commercial crime cases are those cases which require specialised prosecution due to their intricate nature, or have a high impact on the community.
Corruption Corruption should be understood as the misuse of public and private office or position or resources with a corrupt intent, and may include acts of bribery, nepotism, extortion, fraud and theft.
Cyber crime Cyber crime means illegal acts, the commission of which involves the use of information and communication technologies.
Decision dockets In the NPA, decision cases include all criminal matters presented to the NPA to consider the institution of a prosecution recording in a decision register. These exclude dockets recorded in the inquest register and matters directly enrolled. It also includes all matters referred to the AFU to consider whether to initiate civil litigation (regardless of whether the matter has been enrolled for a criminal trial or not).
District court A court created by the Minister of Justice for a district in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).
Estimated net market value of assets An estimate of the net market value of the assets based on the best available evidence at the time of estimation based on guidelines issued by the head of AFU from time to time.
Forfeiture orders Forfeiture orders means confiscation and forfeiture orders ito section 18 and section 50 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
Freezing orders Freezing orders means restraint and preservation orders ito section 26 and section 38 of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998).
High court High court means the High Court of South Africa and its respective divisions referred to in section 6(1) of the Superior Courts Act, 2013 (Act No. 10 of 2013).
JCPS officials19 • Department of Defence and Military Veterans (DOD) • Department of Justice and Constitutional Development (including entities such as: Legal Aid South Africa, Judicial Services Commission etc.) • National Prosecuting Authority (NPA) • Department of Correctional Services (DCS) • Department of Home Affairs (DHA) • Department of Police (including entities such as: South African Police Service (SAPS), Directorate for Priority Crime Investigations (Hawks), Independent Police Investigative Directorate (IPID) and Civilians Secretariat for Police)
19 As identified in consultation with stakeholders during the NPA National Stakeholders Workshop dated 14th November 2012
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 221 • Special Investigating Unit (SIU) • State Security Agency (SSA) • South African Revenue Service (SARS) (including Customs)
Minister The Minister in the Department of Justice and Constitutional Development
Organised crime Crime or crimes committed by a person, group of persons or syndicate acting in an organised fashion or in a manner which could result in substantial financial gain for the person, group or persons or syndicate involved.
Operational Thuthuzela care centre (TCC) A TCC (see below for explanation of TCC) is regarded as operational when all of the following criteria are met:
• A victim friendly designated space, with waiting area, counselling room, examination room, ablution facilities and statement taking room. The TCC is located on the premises of the Department of Health, either in the hospital building or in a park home facility
• Two of the three posts (Site Coordinator, Victim Assistance Officer and a Case Manager) that the NPA is responsible for are filled either on contract or permanent appointment
• All services are rendered including police, health, psychological and prosecutorial, whether in house or on call. This includes referral system for 24/7 care and management
• Protocols between the NPA, SAPS and DoH • Training conducted for relevant stakeholders, including induction for SOCA-staff at the TCC-site • Essential equipment and furniture provided as per SOCA TCC list
Regional court A court created by the Minister for a number of districts in terms of section 2 of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944).
Serious crime Serious crime is regarded as all criminal court cases prosecuted in the regional and high courts.
Specialised prosecutor A specialised prosecutor is a prosecutor with a particular skills set and experience that has been assigned to deal primarily with the prosecution of certain crime types.
Sexual offences Any offences committed in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007).
Successful prosecution of a corruption matter A successful prosecution of a corruption matter for purposes of output 3 of the JCPS Delivery Agreement is a prosecution that has resulted in a conviction.
222 Thuthuzela (“comfort” in Xhosa) care centres (TCCs) TCCs are 24-hour one-stop service centres where victims have access to all services that include police, counselling, doctors, court preparation and a prosecutor for a comprehensive therapeutic effect on victims. They are aimed at turning victims into survivors. These multi-disciplinary care centres have been established to streamline the process of reporting, care-giving, investigation of cases and the subsequent prosecution of the case. The main objectives for these centres are to eliminate secondary victimisation, reduce case cycle time, and to increase convictions.
Trio crimes Trio crimes refer to cases in which the charges relate to robbery at residential premises, robbery at business premises and or vehicle robbery / car hijacking.
Verdict This is the judgment given by a court after the conclusion of the court proceedings. In criminal cases it can only follow after an accused person has pleaded to the charges and is either a verdict of guilty or not guilty.
Witness means any person who is or may be required to give evidence, or who has given evidence in any proceedings
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 223 Indicators and descriptions
Indicator Title Number of criminal court cases finalised including ADRM
Short definition Criminal court cases finalised in the reporting period by verdict, or through the use of alternatives such as diversion or informal mediation, irrespective of the date of enrolment
Purpose/importance Tracks the ability of the NPA to deal with the demand for services for the purpose of measuring produc- tivity
Source/collection of data NPA Daily Court Return
Method of calculation The criminal court case is measured as finalised on the date on which the verdict of not guilty given [in- cluding stopping of prosecution in terms of section 6(b) of the Criminal Procedure Act, 1977, (Act No 51 of 1977) (CPA)] is given or sentence is imposed in the case of a guilty verdict and includes cases dealt with in terms of section 57A of the CPA. Should there be multiple accused, the case is only counted upon conclusion of the case against all accused
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance 513 609 by 2015/16
Indicator responsibility DNDPP: NPS
Indicator Title Conviction rate
Short definition The percentage of cases finalised with a verdict in which a guilty verdict was obtained
Purpose/importance Internationally viewed as an indicator of the success of the prosecution. Also regarded by South African public as such.
Source/collection of data Central data sheet
Method of calculation The percentage of cases finalised with a guilty verdict (including Sec 57A) divided by the number of cases finalised with a verdict. Conviction rate is measured at the date of sentencing or verdict of not-guilty ir- respective of the date when the plea was entered
Data limitations Manual system
Type of indicator Output
Calculation type Percentage based on cumulative verdict cases for the year
Reporting cycle Quarterly
New indicator No
Desired performance HC 88%, RC: 74%, DC: 88%
Cybercrime: 74%, Complex commercial crime: 94%, Organised crime: 90%, Sexual offences: 66% and
Trio crime: 86% for 2015/16
Indicator responsibility DNDPP: NPS and SPS
Indicator Title Number of operational TCCs
Short definition The number of operational TCCs
Purpose/importance TCC operational status verification document
Source/collection of data Site confirmation that all criteria have been met
224 Method of calculation The total number of TCCs which meet the requirements of an operational TCC on the last date of the reporting period
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance 55 by 2015/16
Indicator responsibility SDPP: SOCA
Indicator Title Number of witnesses harmed, threatened or killed while on the witness protection programme
Short definition Witnesses harmed, threatened or killed while on the witness protection programme
Purpose/importance Measures the effectiveness of the Witness Protection Programme
Source/collection of data Report filed in the regional file and reported to head office
Method of calculation The total number of witnesses that were harmed, threatened or killed during the reporting period by a person or persons from whom they were protected either directly or through an agent, while on the NPA witness protection programme.
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the reporting period
Reporting cycle Quarterly
New indicator No
Desired performance No witnesses must be harmed, killed or threatened
Indicator responsibility DNDPP: NSSD
Indicator Title Number of completed forfeiture cases
Short definition Number of forfeiture or confiscation orders obtained
Purpose/importance It measures the reach of the impact that the AFU has by indicating how many cases where dealt with
Source/collection of data Case report form that is captured on a central data sheet
Method of calculation The total number of cases in which a forfeiture or confiscation order was obtained in the reporting period.
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance 324 by 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Value of freezing orders
Short definition Value of assets frozen in freezing orders obtained in the reporting period.
Purpose/importance It measures the total value of the proceeds or instrumentalities of crime removed from the control of criminals and provides an indication of the depth of the impact of the AFU
Source/collection of data Case report form that is captured in a central data sheet
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 225 Method of calculation The total estimated net market value of assets frozen by orders obtained in the reporting period. The value is estimated and counted at the time when the initial order is obtained.
Data limitations The estimate of the value is made at the time when not all the information is available
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance R740 million by 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Criminal court cases finalised with verdict
Short definition Number of criminal court cases finalised by verdict in the reporting period (irrespective of the date of enrolment)
Purpose/importance Measures the ability to deal with the demand for trial cases
Source/collection of data NPA daily court return
Method of calculation Criminal court cases finalised with a verdict are measured on the date that the verdict of not guilty is given or sentence is imposed in the case of a guilty verdict, and includes cases dealt with in terms of section 57A of the Criminal Procedure Act, 1977 9Act No. 51 of 19770. Should there be multiple accused, the case is only counted upon conclusion of the case of the case against all accused.
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance 365 501 for 2015/16
Indicator responsibility DNDPP: NPS
Indicator Title Number of criminal court cases finalised through ADRM
Short definition Number of cases finalised in the reporting period through the use of alternative dispute resolution mecha- nisms such as diversion and informal mediation, irrespective of the date of enrolment
Purpose/importance Tracks the ability of the NPA to deal with the demand for services for the purpose of measuring produc- tivity
Source/collection of data NPA daily court return and diversion register
Method of calculation The case is measured as finalised on the date on which the case is withdrawn from the criminal court roll or the matter is removed from child justice court roll (whichever applicable). In the case of a diversion this is done after the certificate for the successful completion of the diversion programme is received and in the case of an informal mediation after the case was successfully mediated
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative
Reporting cycle Quarterly
New indicator No
Desired performance 148 108 by 2015/16
Indicator responsibility DNDPP: NPS
226 Indicator Title Number of persons convicted of corruption where the amount involved is more than R5 million
Short definition Conviction of persons for the offence of corruption and/or offences relating to corruption where the amount involved (loss, actual prejudice or benefit) exceeds R5 million per case
Purpose/importance To measure whether serious corruption is being successfully dealt with by the JCPS
Source/collection of data Register
Method of calculation Number of persons convicted for corruption in the reporting period, where the amount involved exceeds R5million per case.
Data limitations Information is provided manually
Type of indicator Outcome
Calculation type Cumulative
Reporting cycle Quarterly
New indicator No
Desired performance 200 (cumulative) by 2015/16
Indicator responsibility DNDPP: SPS
Indicator Title Number of JCPS officials convicted of corruption
Short definition Conviction of persons who, while in the employ of one of the JCPS Departments committed an offences relating to corruption (not just the specific offence, but how members of the public understand corruption)
Purpose/importance To ensure that the JCPS cluster is dealing criminally with corrupt officials
Source/collection of data Daily court return
Method of calculation The total number of JCPS officials (or former officials) convicted of offences related to corruption in the reporting period.
Data limitations Manual system
Type of indicator Outcome
Calculation type Cumulative
Reporting cycle Quarterly
New indicator No
Desired performance 133 by 2015/16 cumulative 550
Indicator responsibility DNDPP: SPS & NPS
Indicator Title % of witnesses that walked off the witness protection programme
Short definition Witnesses that walked off the programme without prior notification
Purpose/importance Measures the ability of the programme to ensure that witnesses are available to testify in court proceed- ings where applicable
Source/collection of data Report filed in the regional file and reported to head office
Method of calculation Measured on the number of witnesses that walked off the programme divided by the number of wit- nesses on the programme
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the reporting period
Reporting cycle Quarterly
New indicator No
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 227 Desired performance 1.5% in 2015/16
Indicator responsibility SDPP: OWP
Indicator Title Value of completed forfeiture cases (Rm)
Short definition Value of the assets of which the person subject to the order is likely to be deprived as a result of confisca- tion or forfeiture orders obtained
Purpose/importance It measures the amount of proceeds likely to be finally removed from the possession of criminals and provides an indication of the depth of the impact made by the AFU
Source/collection of data Case report form and is captured on a central data sheet
Method of calculation The total estimated net market value of all property of which persons are to be deprived as a result of confiscation or forfeiture orders obtained in the reporting period. The value is estimated and counted on the date when the order is obtained. It includes the value of property recovered from the person by an agreement reached as a result of the litigation in terms of the Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998) (POCA).
Data limitations Manual System
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance R177 million by 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Number of freezing orders
Short definition Number of freezing orders obtained in the reporting period
Purpose/importance It measures the reach of the impact of the AFU, and indicates in how many cases alleged criminals were affected by its actions
Source/collection of data Case report form and is captured on a central data sheet
Method of calculation The total number of cases in which freezing orders were obtained in the reporting period. An order is counted only once for each case, at the time when the initial order was obtained. In complex cases with several legs the head of the AFU may approve in writing that the separate legs be counted separately. Any other orders are not counted (they are counted as other orders). When an obtained order is reversed on the return date or on appeal, this is not counted as a negative order but will be reflected in the AFU success rate. If an order is refused after litigation, it is counted as finally lost. If it is redone, the new order granted will be counted (see also definition of success rate).
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance 281 in 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Success rate
Short definition The percentage of cases litigated by the AFU in which it was ultimately successful
228 Purpose/importance It provides an overall indication of the ability of the AFU and its CJS partners to deal with and litigate AFU matters successfully
Source/collection of data Combined figure derived from registers of cases finally won and cases finally lost
Method of calculation The total number of cases finally won divided by all cases which were finally won or lost. Cases are finally won or lost when a final order is obtained in favour of or against the NPA, i.e. after all appeal or other legal processes have been finalised. It is counted at the date when the case became finally won or lost. Cases finally lost include all cases abandoned after an order was obtained. If a lost case is redone it is not finally lost and the new order will not be counted again.
Data limitations The data may occasionally be received late when there is a delay in receiving a judgment after it is made
Type of indicator Output
Calculation type Cumulative
Reporting cycle Quarterly
New indicator No
Desired performance 94% in 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Value of payments to victims of crime in terms of court orders obtained in terms of POCA
Short definition Value of payment made to victims of crime in terms of a court order in terms of the provisions of POCA
Purpose/importance It provides an indication of the ability of the NPA to assist victims who have suffered financial loss due to crime
Source/collection of data Proof of payment or curator bonis report
Method of calculation The total amount paid or the net market value of property transferred to the victims of crime during the reporting period resulting from orders or agreements obtained. This refers to orders obtained as a result of litigation in terms of POCA. It is measured only when the proof of payment is received.
Data limitations Confirmation of payment may be received late from the victims
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance R57 million by 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Value of compensation orders obtained
Short definition Compensation orders in terms of sections 300 and 297 of the Criminal Procedure Act, 1977, (Act No. 51 of 1977) where a person has suffered damage to or loss of property or injury as a result of an offence
Purpose/importance It provides an indication of the ability of the NPA to assist victims who have suffered financial loss due to crime
Source/collection of data NPA daily court return
Method of calculation The total value of compensation orders obtained in terms of sections 300 and/or 297 of the Criminal Procedure Act in criminal court cases finalised in the reporting period
Data limitations Manual system. The data reflects the amount of the court orders and these amounts may not be paid by the accused
Type of indicator Output
Calculation type Cumulative for the year
NATIONAL PROSECUTING AUTHORITY • ANNUAL REPORT 2013/14 229 Reporting cycle Quarterly
New indicator No
Desired performance R45 million by 2015/16
Indicator responsibility DNDPP: NPS
Indicator Title Value of freezing orders relating to corruption where the amount involved is more than R5 million
Short definition Value of the freezing orders relating to the offence of corruption and/or offences related to corruption where the amount involved exceeds R5 million per case
Purpose/importance To measure whether serious corruption is being successfully dealt with by the JCPS
Source/collection of data Register
Method of calculation The total estimated net market value of assets frozen in the reporting period, relating to cases involving the offence of corruption and/or offences relating to corruption where the amount involved exceeds R5 million, The value is estimated and counted at the time when the initial order is obtained
Data limitations Information is provided manually
Type of indicator Outcome
Calculation type Cumulative
Reporting cycle Quarterly
New indicator No
Desired performance R200 million by 2015/16 (cumulative R1.7 billion)
Indicator responsibility DNDPP: AFU
Indicator Title Number of completed AFU cases re JCPS prosecutions for corrupt activities
Short definition Number of JCPS officials involved in corrupt activities against whom forfeiture or confiscation orders were obtained
Purpose/importance It measures the impact made by the AFU in deterring JCPS officials from engaging in corrupt activities
Source/collection of data The data is submitted by an AFU advocate on a case report form and is captured on a register
Method of calculation The total number of JCPS officials involved in corrupt activities against whom or whose property forfeiture or confiscation orders were obtained in the reporting period.
Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Quarterly
New indicator No
Desired performance 17 by 2015/16
Indicator responsibility DNDPP: AFU
Indicator Title Conviction rates in the prosecution of sexual offences reported at the TCCs
Short definition Percentage of sexual offences cases finalised with a guilty verdict at the TCCs
Purpose/importance Internationally viewed as an indicator of the success of the prosecution. Also regarded by South African public as such.
Source/collection of data Case manager register
Method of calculation The conviction rate in sexual offences cases that were reported at TCCs, irrespective of when they were reported
230 Data limitations Manual system
Type of indicator Output
Calculation type Cumulative for the year
Reporting cycle Monthly
New indicator No
Desired performance 64% by 2015/16
Indicator responsibility Special Director: SOCA
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