NATIONAL PROSECUTING AUTHORITY OF SOUTH AFRICA

Transcription

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 INFORMATION5
NATIONAL PROSECUTING AUTHORITY’S (NPA) GENERAL INFORMATION
6
LIST OF ABBREVIATIONS /ACRONYMS7
FOREWORD BY THE NATIONAL DIRECTOR OF PUBLIC PROSECUTIONS
9
REPORT OF THE ACCOUNTING OFFICER12
STATEMENT OF RESPONSIBILITY AND CONFIRMATION OF THE ACCURACY OF THE ANNUAL REPORT
19
STRATEGIC OVERVIEW20
VISION20
MISSION20
LEGISLATIVE AND OTHER MANDATES20
ORGANISATIONAL STRUCTURE26
ENTITIES REPORTING TO THE MINISTER27
PART B: PERFORMANCE INFORMATION28
AUDITOR GENERAL’S REPORT: PREDETERMINED OBJECTIVES
29
OVERVIEW OF DEPARTMENTAL PERFORMANCE29
STRATEGIC OUTCOMES ORIENTED GOALS29
PERFORMANCE AGAINST ENE TARGETS38
NPA STRATEGIC OBJECTIVE 1: INCREASED SUCCESSFUL PROSECUTION
42
SUB-PROGRAMME 1: NATIONAL PROSECUTIONS SERVICE45
NPA STRATEGIC OBJECTIVE 1: INCREASED SUCCESSFUL PROSECUTION
45
NPA STRATEGIC OBJECTIVE 2: IMPROVED SUCCESSFUL PROSECUTION OF
CASES THAT REQUIRE SPECIALISED PROSECUTION67
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 UNIT83
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 SERVICES93
2
PART C: GOVERNANCE112
PART D: HUMAN RESOURCE MANAGEMENT
122
STATUS OF HUMAN RESOURCES122
PART E: FINANCIAL INFORMATION158
Table of Figures
Figure 1: Organisational structure of the NPA31
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 2013/1415
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 standards32
Table 5: Batho Pele arrangements with beneficiaries (Consultation access etc.)
33
Table 6: Service delivery information tool34
Table 7: Complaints mechanism35
Table 8: Progress on ENE indicators42
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 — 2013/1449
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 Groups52
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
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 — 2013/1468
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 protected90
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 expenditure108
Table 40: Summary of donor funding received109
Table 41: Top NPA risks and mitigation plans
113
Table 42: Unresolved SCOPA resolutions116
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
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
7
8
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
Foreword by the National Director of
Public Prosecutions
I feel privileged and honoured, so soon after my appointment,
to present this report on behalf of the National Prosecuting
Authority (NPA). This has a special meaning to me because this
opportunity coincides with the end of the current government’s
five-year term of office and the 20th anniversary of democracy.
The centuries of colonial rule and apartheid caused untold
distress, hardship and humiliation for the majority of the people in
South Africa. But less clearly understood is the devastating effect
of colonialism and apartheid on the criminal justice system.
A large component of the resources allocated to law enforcement
was focused on dealing with political activities instead of ordinary
lawlessness. Skills and expertise were thus ineffectively developed
to enable the proper investigation and prosecution of crime. The
state also allowed the use of violence 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.
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
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.
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
Estimate
R’000
Sales of goods and services
other than capital assets
Transfer receipts
Interest, dividends and rent
on land
Sale of capital assets
Financial transactions in assets and liabilities
Total
2012/2013
Actual
(Over)
amount
Estimate
Actual
(Over)Under
Under
amount
collection
collected
collection
collected
R’000
R’000
R’000
R’000
R’000
1,156
1,273
-117
1,039
1,145
-106
0
0
0
0
100
-100
161
1,053
-892
265
364
-99
0
0
0
0
22
-22
42
10,060
-10,018
1,827
8,856
-7,029
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
Compensation of Employees
Financial Transactions in Assets
and Liabilities
Goods and Services
Household
Machinery and Equipment
Departmental Agencies and
Accounts
Buildings and Other Fixes
Structures
Total
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
2 431 496
2 431 496
-
2 310 837
2 310 837
4 253
4 253
-
3 589
3 589
-
566 756
566 756
-
450 279
450 279
-
8 739
8 739
-
43 310
43 310
-
50 885
50 885
-
2 421
2 421
-
2 227
2 227
-
11 189
11 189
-
17 663
17 663
-
3 068 164
3 068 164
0
2 839 824
2 839 824
0
-
-
15
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 subprogrammes. 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
Name of donor
Purpose
Opening
balance
Closing
balance
Revenue
R’000
Expenditure
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
-
70 000
15 608
54 392
-
70 000
15 608
54 392
19 889
90 000
28 552
81 337
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.
Subtotal
TOTAL
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.
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 201430 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
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
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.
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.
25
ORGANISATIONAL STRUCTURE
Minister
Mr M Masutha
Deputy Minister
Mr J Jeffery
Director General
Ms N Sindane
NDPP
Mr M Nxasana
DNDPP - NSSD
Adv N Mokhatla
SDPP SOCA
Adv T Majokweni
Regional
Heads
26
Acting
SDPP - PCLU
Adv SK Abrahams
DNDPP - LAD
Adv N Jiba
SDPP - SCCU
Adv L Mrwebi
OWP
Regional
Heads
Regional
Heads
DNDPP - NPS
Dr S Ramaite
DNDPP - AFU
Mr W Hofmeyr
DPPs
Regional
Heads
CEO
Ms KH Van Rensburg
Deputy CEO
Ms B Sisulu
DIRECTORS OF PUBLIC PROSECUTIONS (DPPs)
Director of Public
Prosecutions
Mthatha
Adv B Madolo
Director of Public
Prosecutions
Northern Cape
Adv I Thenga
Director of
Public Prosecutions
KwaZulu-Natal
Adv M Noko
Director of Public
Prosecutions
North Gauteng
Adv S Mzinyathi
Director of Public
Prosecutions
South Gauteng
Adv A Chauke
Director of Public
Prosecutions
Grahamstown
Adv L Mahlati
Director of Public
Prosecutions
Western Cape
Adv R De Kock
Director of Public
Prosecutions
North West
Adv J Smit
Director of Public
Prosecutions
Free State
Adv X Khanyile
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.
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.
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
Deal with criminal
cases efficiently
and economically
(increase the
number of finalised
cases)
Beneficiaries
Victims of crime
Current/actual
standard of
services
Desired standard
of service
Number of criminal
court cases
finalised including
ADRMs
493 665
505 342
35 569
(33 504) 6
27 067
466 800
Number of case
backlogs 5
261 591
32
Actual
achievement
against
standards
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.
Table 5: Batho Pele arrangements with beneficiaries (Consultation access etc.)
Current/actual arrangements
Desired arrangements
Actual achievements
Pre-trial consultation by
prosecutor with witnesses and/or
victims – survey to be conducted
79% Customer satisfaction
survey: bi-annually
Customer satisfaction survey
project is in progress. The results
will inform the development of the
norms and service standards
Response time on Presidential
Hotline queries received
100%
100%
14 days turnaround time
A total of 19 cases were received
and dealt with within the required
timeframes
Court preparation service
available in 76 courts and 2 high
courts
Court preparation service
available in 72 courts
Court preparation service was
available in 79 courts including
lower and high courts
Fully operational TCCs
Increase number of TCCs to 407
38 operational TCCs
No witness were harmed or
threatened while in the witness
protection programme
No witness were harmed or
threatened while in the witness
35
Witness protection
No witnesses harmed or
threatened
7
The NPA APP target is 43
33
Table 6: Service delivery information tool
Types of
information
tools
Desired information tools
Public education
and awareness:
Community television campaign
This is an informative television programme called
NPA for My Justice, educating the public about the
law, the criminal justice system and prosecutions, in
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 television campaign
12 million people reached through community
media awareness programmes (print/radio and
television)
Community Outreach Events
Face-to-face engagements with communities,
where there is an opportunity for prosecutors to
provide information about the law and the work of
the NPA. These events also provide an opportunity
for community members to know prosecutors in
their specific areas and for them to address specific
community related complaints and enquiries.
Community Outreach Events
750 000 people reached through direct
community outreach event and exhibitions
17 million people reached through public
broadcasts and commercial media engagements
Public Exhibitions
Exhibitions provide an opportunity to draw large
crowds that converge at one public area designed
for exhibitors to provide information to the public
about their products and services.
Public Exhibitions
The NPA participated in several public exhibitions
including the following:
•
The Rand Show
•
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)
MPCCs are platforms through which government
services are rendered and information is provided
to the public in a co-ordinated manner. This need
necessitates intergovernmental partnership among
national, provincial and local spheres of government
to share available resources and to avoid duplication.
The NPA participates in some MPCCs across
the country, where information brochures are
disseminated and community engagements are
possible.
Multi-Purpose Community Centres
More than 14 events were held at MPCCs, and
others were visited and supported during the year.
• KZN: Archie Gumede in Chatsworth,
KwaNdengezi, Bamshela and Phoenix
• Eastern Cape: Burgersdorp
• Northern Cape: Galeshewe, Hopetown,
Victoria West and Britstown. • Western Cape: Atlantis and Bonteheuwel.
• South Gauteng: Kagiso
• North West: Tshidilamolomo
• Free State: Trompsburg.
Website
The website is a repository for information about
the organisation, and also provides contact details,
including a general email address, for all enquiries.
Website
Information provided via the website included:
• NPA Annual reports
• NPA presentations to parliament
• Media statements
• NPA office contact details
• NPA newsletters
Social Media
The NPA Facebook page is an important tool to
improve accessibility of information about the NPA
to a wide audience, taking advantage of the easy
access to cell phone technology and the popular use
of social media as an information tool
34
Actual achievements
Social Media
The Facebook page was used to raise awareness
about community outreach events and public
exhibitions during the year. It was also used
effectively to provide information updates about
the Aspirant Prosecutor Programme
Table 7: Complaints mechanism
Complaints/actual complaints
mechanism
Desired complaints
mechanism
Representations
The following complaints mechanisms are in place by
virtue of lodging presentations. Complaints can be
lodged in the following manner:
•
72.9% of the representations
All representations addressed to
submitted to the various offices
NPA head office were dealt with
of the Directors of Public
in alignment with the governing
Prosecutions were attended to
legislation.
within 30 days
Put matter in writing to the Senior Public
The clearance ratio for the 514
representations/complaints received
Prosecutor (SPP) of court
•
Actual achievements
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
An ethics hotline through which members of the
public can report unethical behaviour is in operation. If
members of the public are aggrieved or dissatisfied with
the prosecutor’s handling of cases, this hotline can also
Investigate the complaints
43 cases were reported, of which
within 30 days
15 were finalised within the 30day turnaround period while 22
were finalised beyond the 30-day
turnaround period and 6 are pending
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]
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
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 fingerand 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
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 privatesector.
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
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
Indicator as
published in the
ENE
Actual
Achievement
2012/2013
Planned
Target
2013/2014
Actual
Achievement
2013/2014
Deviation
from planned
target to
Actual
Achievement
for
2013/2014
Comment on deviations9
Sub-programme 1: National Prosecutions Service (NPS)
Number of criminal
court cases
finalised with
verdict
323 390
351 308
329 153
-6.3%
Criminal court days reduced
Number of
criminal court
cases finalised
through alternative
dispute resolution
mechanisms
143 410
142 357
176 189
23.8%
More cases were identified to be diverted
from the formal criminal justice system
87.5%
87%
88.8%
(1 045)
(1 002)
(911)
75.1%
74%
76%
(28 198)
(29 823)
(27 246)
Conviction rate in
high courts
Conviction rate in
regional courts
42
1.8%
Conviction rates fluctuate from year to year
and the reported performance is in line with
the performance of previous years
2%
Indicator as
published in the
ENE
Actual
Achievement
2012/2013
Planned
Target
2013/2014
Actual
Achievement
2013/2014
Conviction rate in
district courts
91.1%
87%
93.6%
(261 591)
(281 589)
(273 641)
Deviation
from planned
target to
Actual
Achievement
for
2013/2014
6.6%
Comment on deviations9
Sub-programme 2: Specialised Prosecution Services (SPS)
Total number
of operational
Thuthuzela care
centres
Number of
persons convicted
of corruption
where the amount
involved is more
than R5 million
Conviction rate
on complex
commercial crime
35
43
38
42
50
21
92.9%
94%
95.8%
(639)
(796)
(747)10
-11.6%
Recruitment of TCC officials to ensure that
there are at least two officials appointed at
each site was not finalised – the verification
criteria for operational TCC sites were thus
not met
-58%
Output 3 cases are complex and take a long
time to investigate. A number of cases have
been enrolled that have not been finalised
due to delays and postponements. One of
the reasons for these postponements is that
in many of these cases reports by forensic
accountants have to be obtained which can
be time consuming
1.8%
and the reported performance is in line with
the performance of previous years
Sub-Programme 3: Asset Forfeiture Unit
Number of
completed
forfeiture cases
312
390
25.0%
Large increase in smaller confiscation orders
from successful cooperation with prosecution
Value of
completed
forfeiture cases
R118.5m
R170m
R296.4m
74.4%
Better investigations from focus on big
corruption cases with Hawks and Special
Investigating Unit (SIU) and Anti-Corruption
Task Team (ACTT) and more use of nonconviction based forfeiture to speed up
finalisation
Number of
freezing orders
276
281
363
29.2%
Initiatives with partners to increase inflow of
cases and improved use of capacity
R518m
R710m
R701.5m
-1.2%
Target marginally missed due to delay in court
94.1%
94%
94.2%
(289/307)
(312)
(423/449)
0.2%
More focus on quality assurance, more use of
non-conviction based forfeiture to reduce risk
in big cases
Value of freezing
orders
Success rate
10
302
These 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.
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
Indicator
2009/10
2010/11
2011/12
2012/13
2013/14
Change
over prev
yr
Change
over
period
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.
11
In 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.
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
Forum
Backlog cases
Finalised cases: backlog courts
2012/13
2013/14
Progress
2012/13
2013/14
Progress
2012/13
2013/14
Progress
1 083
845
-22.0%
362
287
-20.7%
0
0
0.00%
45 543
44 224
-2.9%
15 633
14 399
-7.9%
6 076
5 749
-5.4%
District courts
143 184
137 910
-3.7%
15 059
12 896
-14.4%
11 416
15 422
35.1%
Total all
courts:
189 810
182 979
-3.6%
31 054
27 582
-11.2%
17 492
21 171
21.0%
High courts
Regional
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
Strategic Objectives
Number of criminal court
cases finalised including
ADRM
Actual
Achievement
2012/13
466 800
Planned Target
2013/14
493 665
Actual
achievement
2013/14
505 342
Deviation
from planned
Target to actual
achievement
2013/14
Comment on
deviations
2.4%
Increased use of
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:
47
Table 12: Annual comparison of cases finalised including ADRM: 2012/13 — 2013/14
Forum
2012/13
High Court
% of national
2013/14
% of national
Progress
1 194
0.3%
1 026
0.2%
-14.1%
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%
Regional Court
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
High Court
% of national
2013/14
% of national
Progress
1 069
0.1%
878
0.09%
-17.9%
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%
Regional Court
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
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%
Forum
48
Table 15: Analysis of cases removed from the court roll: 2012/13 — 2013/14
Indicator
% of Total
Removed
2012/13
% of Total
Removed
2013/14
Progress
Withdrawals
166 541
34.51%
142 540
31.17%
-14.4%
Warrants
159 900
33.13%
156 477
34.22%
-2.1%
44 272
9.17%
45 102
9.86%
1.9%
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%
External transfers
Mental referrals
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
Performance
Indicator
Actual
Achievement
2012/13
Planned
Target 2013/14
Actual
achievement
2013/14
Deviation from
planned Target
to actual
achievement
2013/14
Comment on deviations
Number of criminal
court cases finalised
with verdict
323 390
351 308
329 153
-6.3%
Criminal court days reduced
Number of criminal
through ADRM
143 410
142 357
176 189
23.8%
More cases were identified to
be diverted from the formal
criminal justice system
87.5%
87%
88.8%
(1 045)
(1 002)
(911)
75.1%
74%
76%
(28 198)
(29 823)
(27 246)
91.1%
87%
93.6%
(261 591)
(281 589)
(273 641)
Conviction rate in
high courts
Conviction rate in
regional courts
Conviction rate in
district courts
1.8%
Conviction rates fluctuate
from year to year and the
reported performance is in
line with the performance of
the previous years
2%
from year to year
6.6%
from year to year
49
Performance
Indicator
Conviction rates
in the prosecution
of sexual offences
reported at TCCs
Actual
Achievement
2012/13
Planned
Target 2013/14
Actual
achievement
2013/14
61%
64%
65.9%
(1 372)
(1 376)
(1 554)
Conviction rate in
organised crime
90.7%
90%
88.9%
(273)
(178)
(394)
Conviction rate in
trio crimes
83.4%
86%
84.1%
(1 273)
(1 587)
(1 597)
65.8%
66%
67.1%
(4 669)
(4 683)
(5 484)
97.8%
74%
83.1%
(133)
(17)
(54)
Conviction rate in
sexual offences
Conviction rate
in cybercrime
prosecutions
Number of JCPS
officials convicted of
corruption12
Value of
compensation
orders obtained
12
Deviation from
planned Target
to actual
achievement
2013/14
1.9%
Conviction rate fluctuate from
year to year this performance
is in line with the reported
performance of previous
years
-1.1%
from year to year and this
performance is in line with
the performance of previous
years
-1.9%
years
1.1%
Conviction rates fluctuates
years
11.1%
years
68
86
54
-37.2%
Cases take long to finalise
due to non-availability of
role players and multiple
requests from defence for
postponements
R74.4m
R35m
R73.2m
109.1%
Fewer compensation orders
with higher monetary value
per order were obtained
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
1 194
0.4%
1 026
0.3%
-14.1%
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%
High Court
Regional Court
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
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%
Regional Court
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
Diversions
2012/13
% of national
2013/14
% of national
Progress
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%
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
SEC.9 REFERRALS
FORUM
SEC 41 DIVERSION
PRELIMINARY INQUIRY
DIVERSION
SCHEDULE 3: DIVERSION
2012/
13
2013/
14
Progress
2012/
13
2013/
14
Progress
2012/
13
2013/
14
Progress
2012/
13
2013/
14
Progress
District
Court
491
379
-22.8%
1972
1744
-11.6%
3744
3988
6.5%
194
97
-50.0%
Regional
Court
50
15
-70.0%
94
54
-42.6%
53
63
18.9%
7
12
71.4%
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
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
55
Table 22: Annual comparison of withdrawals per forum: 2012/13 – 2013/14
Forum
High Court
2012/13
% of national
2013/14
% of national
Progress
68
0.04%
76
0.05%
11.8%
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%
Regional Court
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.
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
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%
1 527
1 934
1 899
2 472
24.4%
27.8%
Total
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.
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%
17.5%
11.0%
15.3%
1.3%
Progress
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-yearold 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%
48.1%
266.7%
52.9%
-3.0%
Progress
Two units are responsible for dealing with cybercrime cases: NPS and SCCU.
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%
116.0%
266.7%
132.1%
-6.2%
Progress
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
Forum
SCCU
Orders
Value of
granted
orders
2012/13
2012/13
% of
national
Orders
Value of
granted
orders
2013/14
2013/14
% of
national
Progress
Progress
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 Interdepartmental Development Committee among others.
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.
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)
Actual
Strategic
Objective
achievement
Planned target
2013/14
2012/13
% deviation
from planned
target to actual
achievement
2013/14
Actual
achievement
2013/14
Conviction
rate in
Comment on
deviations
92.9%
94%
complex
commercial
95.8%13
1.8%
(639)
(796)
(747)
the performance of the
crime
previous years
Recruitment of TCC
officials to ensure that
there are at least two
Number of
operational
officials appointed
35
43
TCCs
38
-11.6%
at each site was not
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 in State 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.
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
% Deviation
Performance
Indicator
from planned
Actual
Planned
Actual
Achievement
Target
achievement
2012/13
2013/14
2013/14
Target
to actual
achievement
2013/14
Output 3 cases are complex and
take a long time to investigate.
A number of cases have been
Number of persons
convicted of
corruption where the
5814
42
-63.8%
(100)
amount involved is
enrolled that have not been finalised
21
(63)
due to delays and postponements.
One of the reasons for these
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
8415
42
19
-54.8%
corruption
Conviction rate
to finalise due to unavailability of
role players and court time.
97.8%
74%
100%
(133)16
(110)
(146)
in cybercrime
prosecutions
received. These cases take longer
Conviction rates fluctuate year to
26%
year and this performance is in
line with the performance of the
previous years
This is the NPA APP 2013/14 target which is the balance of the 100 of the JCPS target
Please note that this figure represents the contribution of sub-programme 2 to the figure reported in the previous financial year of 152
16
The figure represents cybercrime cases finalised for the NPA in 2012/13
14
15
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.
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.
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%
32.7%
0%
32.7%
0.0%
Progress
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.
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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.
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 anticorruption 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.
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.
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.
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.
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
% Deviation
from
Actual
Strategic
Achievement
Objective
2012/13
Planned
Actual
planned
Target
achievement
Target
2013/14
2013/14
to actual
achievement
2013/14
Number of
completed
Large increase in smaller confiscation
302
312
390
25.0%
forfeiture cases
Value of freezing
orders (Rm)
orders from successful cooperation
with prosecution
R518m
R710m
R701.5m
-1.2%
Target marginally missed due to delay
in court
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.
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Table 32: Progress on programme performance indicators to ensure that profit is removed from crime
% Deviation
Actual
Performance
Achievement
Indicators
2012/13
from planned
Planned
Actual
Target
achievement
2013/14
2013/14
Target
to actual
achievement
2013/14
Value of completed
forfeiture cases
Number of freezing
orders
Success rate
Value of payments
to victims of crime in
terms of court orders
obtained in terms of
POCA
Value of freezing
orders relating to
amount involved is
more than R5m 17
Number of competed
forfeiture cases re
JCPS prosecutions
for corrupt activities
17
18
R118.5m
276
R170m
281
R296.4m
363
94.1%
94%
94.2%
(289/307)
(312)
(423/449)
R28.6m
R346m
8
R56m
R84.36m
R300m
R451.6m
(R1.3bn)
(R1.466bn)18
11
5
74.4%
Better investigations from
focus on big corruption
cases with Hawks and SIU
and ACTT and more use
of non-conviction based
forfeiture to speed up
finalisation
29.2%
Initiative with partners to
increase inflow of cases
and improved use of
capacity
0.2%
More focused on quality assurance, more use
forfeiture to reduce risk in
big cases
50.6%
2nd best performance –
focus on high value cases,
better investigation of big
vases at ACTT, more use
forfeiture
50.5%
Best ever performance –
focus on high value cases,
better investigation of big
cases at ACTT, more use
forfeiture
-54.5%
Few cases with significant
benefit referred to AFU
This is a new indicator but the historical information was kept and reported on the narrative of the 2012/13 annual report
The figure in brackets is the total for the 5 year MTSF period
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.
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
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
Strategic Objective
% Deviation
Actual
Achievement
2012/13
Planned
Actual
from planned
Target
achievement
Target to actual
2013/14
2013/14
achievement
deviations
2013/14
Improved witness
Number of witnesses
management, security
harmed, threatened
or killed whilst on the
Comment on
0
0
0
0%
witness protection
and protector special
training courses
redesigned to ensure
programme
the safety of witnesses
Table 34: Progress on programme performance indicators to ensure threatened witnesses are successfully
protected
Performance
Indicators
% of witnesses that
walked off the witness
Actual
Achievement
2012/13
Planned Target
2013/14
2.5%
Actual
achievement
2013/14
% Deviation
from planned
Target to actual
achievement
2013/14
3.7%
1.8%
(5)
-1.9%
(12)
Comment on
deviations
More witnesses left the
programme without
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.
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.
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.
Head: Communications
Bulelwa Makeke
Tshwane TV broadcasts terrestrially to communities in Pretoria and surrounds,
northwards to areas of Polokwane, and is also available on DSTV (channel 262). This
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:
•
•
Head: Finance and
Procurement
Gordon Hollamby
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
wasteful expenditure. Where such expenditure is detected, the matter is investigated
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.
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:
Head: Security and
Risk Management
Tshilidzi Ramahana
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
all regional divisions received security guarding services on a 24 - hour basis, and 16
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.
Head: Information and
Systems Management
Denton Serobatse
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
information application systems and internally SITA developed applications. The
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.
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)
The IMU oversight report is contained in Part C
of this report
Head: Integrity
Management
Prince Mokotedi
Human resource management and
development (HRM&D) unit
The HRM&D oversight report is contained in
Part D of this report.
Head: Human Resources
and Development
Matshidiso Modise
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 strategic 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
Strategic objective
Actual
performance
2012/13
Adjusted
Original target
Target
2013/14
Reasons for change
The target was
adjusted upward
in the AENE 2013
R518m
R615m
R710m
from R615 million
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
indicator
2012/13
Adjusted Target
Original target
Reasons for change
2013/14
Number target was
adjusted downward
Number of freezing
orders
in the AENE 2013
276
330
281
as a result of human
resources constraints
and focus on high value
cases
101
Audited Performance Information
Strategic Objective 1: Increased successful prosecution
Strategic
Objectives
Actual
Achievement
2012/13
Planned Target
2013/14
Actual
achievement
2013/14
Deviation from
planned Target to
actual achievement
2013/14
Comment on
deviations
Number of criminal
including ADRM
466 800
493 665
505 342
2.4%
Number of criminal
with verdict
323 390
351 308
329 153
-6.3%
Criminal court days
reduced
23.8%
More cases were
identified to be
diverted from the
formal criminal justice
system
1.8%
Conviction rates
fluctuate from year to
year and the reported
performance is in line
with the performance
of the previous years
Number of criminal
through ADRM
Conviction rate in
high courts
Conviction rate in
regional courts
Conviction rate in
district courts
Conviction rates
in the prosecution
of sexual offences
reported at TCCs
Conviction rate in
organised crime
Conviction rate in trio
crimes
102
143 410
142 357
176 189
87.5%
87%
88.8%
(1 045)
(1 002)
(911)
75.1%
74%
76%
(28 198)
(29 823)
(27 246)
91.1%
87%
93.6%
(261 591)
(281 589)
2%
Conviction rates
fluctuate from year
to year
6.6%
Conviction rates
fluctuate from year
to year
1.9%
Conviction rate
fluctuate from
year to year this
performance is in
line with the reported
performance of
previous years
-1.1%
Conviction rates
fluctuate from year
to year and this
of previous years
-1.9%
Conviction rates
fluctuate from year
to year and this
of previous years
(273 641)
61%
64%
65.9%
(1 372)
(1 376)
(1 554)
90.7%
90%
88.9%
(273)
(178)
(394)
83.4%
86%
84.1%
(1 273)
(1 587)
(1 597)
Increased use of
ADRM
Strategic
Objectives
Conviction rate in
sexual offences
Conviction rate
in cybercrime
prosecutions
Number of JCPS
corruption19
Value of
compensation orders
obtained
19
Actual
Achievement
Planned Target
2013/14
2012/13
Deviation from
planned Target to
actual achievement
2013/14
Actual
achievement
2013/14
65.8%
66%
67.1%
(4 669)
(4 683)
(5 484)
97.8%
74%
83.1%
(133)
(17)
(54)
68
R74.4m
86
R35m
54
R73.2m
Comment on
deviations
1.1%
Conviction rates
fluctuates from year
to year and this
of previous years
11.1%
Conviction rates
fluctuate from year
to year and this
of previous years
-37.2%
Cases take long
to finalise due to
non-availability of
role players and
multiple requests
from defence for
postponements
109.1%
Fewer compensation
orders with higher
monetary value per
order were obtained
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
103
Strategic Objective 2: Improved prosecution of cases that require specialised prosecutions
Sub-programme: Specialised Prosecution Service (SPS)
Actual
Strategic Objective
achievement
2012/13
Conviction rate in
92.9%
% deviation from
Planned
Actual
target
achievement
2013/14
2013/14
94%
Conviction rates fluctuate from
95.8%20
1.8%
(639)
(796)
2013/14
complex commercial
crime
planned target to
actual achievement
(747)
year to year and this performance
is in line with the performance of
the previous years
Recruitment of TCC officials to
ensure that there are at least two
Number of
operational TCCs
35
43
38
-11.6%
officials appointed at each site
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
enrolled that have not been
Number of persons
convicted of
21
58
21
(100)
(63)
-63.8%
42
amount involved is
finalised due to delays and
postponements. One of the
reasons for these postponements
is that in many of these cases
more than R5m
reports by forensic accountants
have to be obtained which can
be time consuming
Very few of these referrals
are received. These cases
Number of JCPS
8422
42
19
-54.8%
take longer to finalise due to
unavailability of role players and
corruption
court time.
Conviction rate
97.8%
74%
100%
(133)23
(110)
(146)
in cybercrime
prosecutions
Conviction rates fluctuate year to
26%
year and this performance is in
line with the performance of the
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
Actual
Strategic Objective
Achievement
2012/13
% Deviation from
Planned
Actual
Target
achievement
2013/14
2013/14
planned Target to
actual achievement
2013/14
Large increase in smaller
Number of
completed forfeiture
302
312
390
25.0%
cases
Value of freezing
orders (Rm)
confiscation orders from
successful cooperation with
prosecution
R518m
R710m24
R701.5m
-1.2%
Target marginally missed due to
delay in court
Better investigations from focus
Value of completed
forfeiture cases
on big corruption cases with
R118.5m
R170m
R296.4m
74.4%
Hawks and SIU and ACTT and
more use of non-conviction based
forfeiture to speed up finalisation
Number of freezing
orders
Initiative with partners to increase
276
28125
363
29.2%
of capacity
94.1%
94%
More focused on quality
94.2%
Success rate
0.2%
(289/307)
(312)
(423/449)
assurance, more use of nonconviction based forfeiture to
reduce risk in big cases
2nd best performance – focus
Value of payments
to victims of crime in
terms of court orders
inflow of cases and improved use
R56m
on high value cases, better
R84.36m
50.6% investigation of big vases at ACTT,
R28.6m
obtained in terms of
POCA
forfeiture
Value of freezing
Best ever performance – focus
orders relating to
R300m
on high value cases, better
R451.6m
R346m
50.5%
(R1.3bn)
amount involved is
(R1.466bn)27
investigation of big cases at ACTT,
forfeiture
more than R5m 26
Number of competed
forfeiture cases re
JCPS prosecutions
8
11
5
-54.5%
Few cases with significant benefit
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
105
Strategic Objective 4: Ensure threatened witnesses are successfully protected
Strategic Objective
Actual
Planned Target
Achievement
2013/14
% Deviation from
Actual
achievement
2013/14
2012/13
planned Target to
Comment on
actual achievement
deviations
2013/14
Improved witness
Number of witnesses
management, security
harmed, threatened
or killed whilst on the
and protector special
0
0
0
0% training courses
witness protection
redesigned to
programme
ensure the safety of
witnesses
% of witnesses that
2.5%
walked off the witness
106
1.8%
(5)
More witnesses
3.7%
-1.9%
(12)
left the programme
without prior
notification
Linking performance with budgets
Table 37: Departmental expenditure per sub-programme
2013/2014
Sub-Programme
Final Appro-
Name
priation
R’000
2012/2013
Actual
(Over)/Under
Final Appro-
Actual
(Over)/Under
Expenditure
Expenditure
priation
Expenditure
Expenditure
R’000
R’000
R’000
R’000
R’000
R’000
1 990 747
1 990 747
0
1 920 057
1 920 057
0
National Specialised
Prosecutions
241 352
241 352
0
223 383
223 383
0
179 789
179 789
0
103 655
103 655
0
Office for Witness
Protection
146 471
146 471
0
149 282
149 282
0
Support Services
509 805
509 805
0
443 447
443 447
0
3 068 164
3 068 164
0
2 839 824
2 839 824
0
National Prosecutions
Services
Total
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.
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
Departmental
receipts
Estimate
2012/2013
Actual Amount
Collected
(Over)/Under
Collection
Estimate
Actual Amount
Collected
(Over)/Under
Collection
R’000
R’000
R’000
R’000
R’000
R’000
1 156
1 273
-117
1 039
1 145
-106
0
0
0
0
100
-100
Interest,
dividends and
rent on land
161
1,053
-892
265
364
-99
Sale of capital
assets
0
0
0
0
22
-22
Financial
transactions
in assets and
liabilities
42
10 060
-10 018
1 827
8 856
-7 029
1 359
12 386
-11 027
3 131
10 487
-7 356
Sale of goods
and services
other than
capital assets
Transfers
received
Total
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.
Table 39: Departmental expenditure
SubProgramme
Name
2013/2013
Final
Actual
Appropriation
Expenditure
2012/2013
(Over)/Under
Expenditure
Final
Actual
Appropriation
Expenditure
(Over)/Under
Expenditure
R’000
R’000
R’000
R’000
R’000
R’000
National
Prosecutions
Services
1 990 747
1 990 747
0
1 920 057
1 920 057
0
National
Specialised
Prosecutions
241 352
241 352
0
223 383
223 383
0
Assets
Forfeiture Unit
179 789
179 789
0
103 655
103 655
0
Office for
Witness
Protection
146 471
146 471
0
149 282
149 282
0
Support
Services
509 805
509 805
0
443 447
443 447
0
3 068 164
3 068 164
0
2 839 824
2 839 824
0
Total
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, deposited 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 Investigators – 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 operational 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 alternative 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’000)
R0
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
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
111
PART C: GOVERNANCE
Introduction
During the 2013/14 financial year, the NPA developed a new governance matrix, taking into account all legislation 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 addressed.
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 committee 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 identification, 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 responsive, if unchecked, can translate into increased crime levels.
Seemingly less serious crime is increasingly being committed in
an organised fashion some of which poses a threat to the local
economy
The identification of dedicated and skilled prosecutors to manage emerging crimes is on an ad hoc basis through consultation
with the heads of business units
Information about priority crimes is shared with the police and
the Hawks to speedily or urgently address the cases that requires intelligence gathering from all stakeholders involved
Discussions around the evaluation of legislation that seek to address 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
resources, which hampers adequate planning to ensure effective
execution of sustainable and efficient operations across all levels
The Workplace Skills Plan is currently being implemented
Extensive training on POCA conducted for all operational staff
within the NPA
The AFU is in the process of developing a methodology to measure 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
role players and sustainable and coordinated stakeholder relations are essential. Currently the NPA does not have a stakehold-
There are joint integrated training programmes for role players
across the regions
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
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 development 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
the public about its operations. Lack of understanding of the
mandate of NPA by the public generates negative perceptions
and damages the image and reputation of NPA”
Cases of unethical conduct detected are investigated and specific DPP offices are informed of the outcome. Relevant interventions are also recommended in cases of repeated occurrence.
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 business interest and in case of discrepancies the officials are contacted 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 advocacy. 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 currently 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 applications 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 comprehensive register of employees involved in remunerative work outside the NPA was kept, and 75 of the 79 employees 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 contained 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 conferences 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 voluntarily 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 challenges.
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.
115
Portfolio Committee
The NPA appeared before the Justice Portfolio Committee on 23 April 2013 and 8 October 2013. At the meeting 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 outstanding 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
Assembly on 8
February 2008
SCOPA recommended that the
accountability / governance status
of the NPA be resolved to ensure the
NPA realises its mandate
an own accounting officer for
the NPA. The Minister returned
the draft for further consideration
and the NPA is in the process of
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 management 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 committee approves this plan. While respecting the different mandates, internal audit collaborates with the AuditorGeneral 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 communicated 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 officer. 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.
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
meetings
attended
Number of
special meetings
attended
Status
Mr. Motsamai Karedi (Chairperson)
5
2
Reappointed – 23 January 2013
Mr. Cedric Boltman
5
2
Ms. Besky Ngunjiri
5
1
Appointed – 24 February 2012
Ms. Keneilwe Moloko
1
0
Resigned 28 January 2014
Mr. Wilson Ramabulana
5
2
Ms. Livhuwani Vuma
6
2
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
119
120
Part D
Human Resource
Management
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.
123
124
146,471
509,805
SP 4: Office for Witness Protection
SP 5: Support Services
2,431,496
147,549
69,871
86,179
216,820
1,911,077
(R’000)
Personnel
Expenditure
(R’000)
1
1,268
2,429,893
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
TOTAL
778,359
1,245,446
Highly skilled supervision (Levels 9-12)
Senior management (Levels 13-16)
353,699
51,121
(R’000)
99.0%
31.7%
50.7%
14.4%
2.1%
0.1%
% of total
personnel cost
Personnel
Expenditure
Highly skilled production (Levels 6-8)
Skilled (Levels 3-5)
Lower skilled (Levels 1-2)
Salary band
0
0
0
0
4,826
797
2,361
1,353
305
10
No. of employees
3,836
3,836
Training
Expenditure
Table 3.1.21 - Personnel costs by salary band for the period 1 April 2013 to 31 March 2014
3,068,164
179,789
SP 3: Asset Forfeiture Unit
TOTAL
241,352
1,990,747
(R’000)
Total Expenditure
SP 2: National Specialised Prosecutions Services
SP 1: National Prosecutions Service
Programme
Table 3.1.1 - Personnel expenditure by programme for the period 1 April 2013 to 31 March 2014
3.1 Personnel related expenditure
Personnel related expenditure
Human resource oversight statistics
2,501
2,179
0
35
287
0
(R’000)
504
977
528
261
168
127
cost per employee
Average personnel
(R’000)
Expenditure
Special Services
Professional and
79.2%
28.9%
47.7%
47.9%
89.8%
96.0%
expenditure
as a % of total
Personnel
Expenditure
(R’000)
504
424
457
658
627
497
cost per employee
Average personnel
125
1,965,631
TOTAL
80.1%
80.1%
3,809
3,809
(R’000)
Amount
costs
0.2
0.2
% of personnel
Overtime as a
Overtime
22,963
22,963
(R’000)
Amount
0.9%
0.9%
costs
of personnel
HOA as a %
Home Owners Allowance
64,700
64,700
(R’000)
Amount
80.1%
0
3,809
127
2,635
883
164
(R’000)
Amount
costs
0.2%
0.0%
0.1%
0.0%
0.0%
0.0%
% of personnel
Overtime as a
Overtime
5
The overtime expenditure reflected under salary levels 13 to 16 was incurred for non-SMS members remunerated at this level due to the higher OSD salary levels.
4
Same as footnote 1 & 2 above
3
84
22,963
1,694
10,295
8,481
2,409
(R’000)
Amount
costs
0.9%
0.1%
0.4%
0.3%
0.1%
0.0%
of personnel
HOA as a %
Home Owners Allowance
Total personnel cost includes amongst other: performance rewards, service bonus, leave discounting, periodical payments and pension contribution. These are not included in the total above.
The purpose of this table is to indicate the percentage of specific identified conditions of service.
2
TOTAL
1,965,631
26.5%
649,921
40.7%
998,387
5
11.4%
1.5%
0.0%
279,867
36,674
782
(R’000)
costs
Salaries as a
% of personnel
Amount
Salaries
Salary bands
64,700
10,908
33,930
15,314
4,338
210
(R’000)
Amount
2.6%
0.4%
1.4%
0.6%
0.2%
0.0%
costs
personnel
as a % of
Medical aid
Medical Aid
2.6%
2.6%
of personnel costs
Medical aid as a %
Medical Aid
Table 3.1.44- Salaries, Overtime, Home Owners Allowance and Medical Aid by salary band for the period 1 April 2013 to 31 March 2014
1,965,631
(R’000)
costs3
Salaries as a
% of personnel
Amount
Salaries
Programme
Table 3.1.32 - Salaries, Overtime, Home Owners Allowance and Medical Aid by programme for the period 1 April 2013 to 31 March 2014
126
5,375
TOTAL
6
13
5,375
filled
4,826
225
2,932
1,365
292
12
Number of posts
4,826
10.2%
8.2%
8.8%
9.8%
24.9%
7.7%
Vacancy Rate
10.2%
10.2%
Vacancy Rate6
Number of
37
1
339
3
76
222
establishment
additional to the
employees
Number of
339
339
establishment
additional to the
employees
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 the Blue-Print.
TOTAL
245
3,215
1,513
389
establishment
on approved
Number of posts
Salary band
Table 3.2.2 - Employment and vacancies by salary band as on 31 March 2014
5,375
4,826
posts filled
on approved
establishment
Number of
Number of posts
Programme
Table 3.2.1 - Employment and vacancies by programme as on 31 March 2014
3.2 Employment and Vacancies
127
11
4
53
96
34
11
3
Crime investigators
Financial and related professionals
Financial clerks and credit controllers
General legal administration & rel. professionals
3
9
1
Librarians and related professionals
Library mail and related clerks
Logistical support personnel
Previous NDPP is still on the NPA establishment - held out of adjustment without remuneration and awaiting Presidential release.
NDPP, CEO and DCEO are separately captured under category of HOD.
7
8
TOTAL
5,375
4
4,826
4
221
241
Senior managers8
Social work and related professionals
95
21
100
2,752
109
22
103
5
2
300
25
1
9
2
1
4
69
13
7
30
83
50
8
Secretaries & other keyboard operating clerks
Risk management and security services
Protection services
3,076
5
Prosecutor
2
Other information technology personnel
339
Other administrative policy and related officers
Other administrat & related clerks and organisers
26
1
Messengers porters and deliverers
4
74
Human resources related
Language practitioners interpreters & other commun
13
Human resources clerks
Information technology related
11
Human resources & organisat developm & relate prof
Head of department/chief executive officer 7
11
Communication and information related
12
12
Client information clerks (switchboard reception information clerks)
10
563
424
10
637
Advocates
filled
Number of posts
Cleaners in offices workshops hospitals etc.
465
establishment
on approved
Number of posts
Administrative related
Critical occupation
Table 3.2.3 - Employment and vacancies by critical occupations as on 31 March 2014
10.2%
0.0%
8.3%
12.9%
4.5%
2.9%
10.5%
0.0%
0.0%
11.5%
3.8%
0.0%
0.0%
33.3%
0.0%
0.0%
6.8%
0.0%
36.4%
-33.3%
0.0%
11.8%
13.5%
5.7%
27.3%
0.0%
0.0%
11.6%
8.8%
Vacancy Rate
339
0
1
1
0
0
240
4
0
38
0
0
0
0
0
2
0
0
0
0
0
1
2
2
0
0
1
18
29
to the establishment
employees additional
Number of
128
15
123
91
234
Salary Level 15
Salary Level 14
Salary Level 13
TOTAL
4
16
117
91
229
Salary Level 16
Salary Level 15
Salary Level 14
Salary Level 13
TOTAL
225
90
117
14
4
0
filled
1
Total number of SMS posts
SMS posts
230
90
123
13
4
Total number of funded
NDPP
SMS level
Table 3.3.2 SMS post information as on 30 September 2013
4
Salary Level 16
0
filled
SMS posts
1
NDPP
SMS level
Table 3.3.1 SMS post information as on 31 March 2013
3.3 Filling of SMS Posts
98.3%
98.9%
100.0%
87.5%
100.0%
0.0%
% of SMS posts filled
98.3%
98.9%
100.0%
86.7%
100.0%
0.0%
% of SMS posts filled
4
1
0
2
0
1
vacant
4
1
0
2
0
1
vacant
1.7%
1.1%
0.0%
12.5%
0.0%
100.0%
% of SMS posts vacant
1.7%
1.1%
0.0%
13.3%
0.0%
100.0%
% of SMS posts vacant
129
0
8
6
14
Salary Level 15
Salary Level 14
Salary Level 13
TOTAL
0
0
0
0
0
0
0
0
0
0
0
in 6 months but filled in 12 months
Number of vacancies per level not filled
No disciplinary steps required.
Reasons for vacancies not filled within 6 months
No disciplinary steps required.
Reasons for vacancies not advertised within 6 months
Table 3.3.5 Disciplinary steps taken for not complying with the prescribed timeframes for filling SMS posts within 12 months for the period 1 April 2013
to 31 March 2014
are in the process of being filled.
None of the funded vacant posts referred to above were vacant for more than 6 months before advertising. All the posts became vacant between the period November 2013 and March 2014 and
than the level advertised and thus rejected the offers.
One post of Chief Director: Strategy was advertised a number of times, in some cases suitable candidates were not found and where they were found candidates requested offers of a higher salary
Reasons for vacancies not filled within 12 months
Table 3.3.4 Reasons for not having complied with the filling of funded vacant SMS - Advertised within 6 months and filled within 12 months after becoming
vacant for the period 1 April 2013 to 31 March 2014
0
Salary Level 16
0
months of becoming vacant
0
Number of vacancies per level filled in 6
in 6 months of becoming vacant
Filling of posts
Number of vacancies per level advertised
NDPP
SMS level
Advertising
Table 3.3.3 Advertising and filling of SMS posts for the period 1 April 2013 and 31 March 2014
130
1
20
Senior Management Service Band C (Level 15)
Senior Management Service Band D (Level 16)
37
0
0
0
0
26
6
5
% of posts
0.7%
0.0%
0.0%
0.0%
0.0%
1.0%
0.4%
1.2%
0.0%
salary band
evaluated by
Number
83
0
0
0
0
35
2
46
0
1.5%
0.0%
0.0%
0.0%
0.0%
1.3%
0.1%
11.4%
0.0%
evaluated
% of posts
Posts upgraded
Number
0
0
0
0
0
0
0
0
0
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
evaluated
% of posts
Posts downgraded
71
TOTAL
0
29
Male
Employees with a disability
42
African
Female
Beneficiary
Asian
0
1
0
1
Coloured
0
9
2
7
White
0
2
1
1
Total
0
83
32
51
Table 3.4.2 - Profile of employees whose positions were upgraded due to their posts being upgraded for the period 1 April 2013 to 31 March 2014
5,375
244
Senior Management Service Band B (Level 14)
TOTAL
543
2,653
Senior Management Service Band A (Level 13)
1,500
402
12
0
on approved
establishment
Number of
Jobs Evaluated
Number of posts
Salary band
Table 3.4.1 - Job Evaluation by Salary band for the period 1 April 2013 to 31 March 2014
3.4 Job Evaluation
131
Number of
3
5
1
1
1
1
1
1
2
7
2
1
1
1
2
Personal Assistant
Secretary
Secretary
Deputy CEO
Human Resource Practitioner
Deputy Director: HRM
Administrative Officer
Deputy Director: Payments
Deputy Director: Administration
Administration Clerk
Senior Specialist: Performance Info Management
Researcher
Switchboard Operator
Court Preparation Officer
Registry Clerk Supervisor
Percentage of total employed
Total number of employees whose salaries exceeded the level determined by job evaluation
11
employees
Personal Assistant
Occupation
7
6
4
10
11
5
11
11
7
11
7
15
5
5
7
7
Job evaluation level
8
7
5
11
12
7
12
12
8
12
8
16
6
7
8
9
Remuneration level
Circular 1 of 2009
0.8%
41
Internal transfer to a lower post
Job evaluation
Counter offer
Internal transfer to a lower post
Cirular 1 of 2009
JE Outome (Circular 25 of 2009)
Circular 1 of 2009
Counter offer
Counter offer
Counter offer
Reason for deviation
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
132
African
0
27
5
22
Asian
0
3
1
2
18
Senior Management Service Band D (Level 16)
TOTAL
4,915
469
358
Senior Management Service Band B (Level 14)
Contracts
520
2,231
Senior Management Service Band A (Level 13)
1,057
252
296
69
0
0
3
28
185
10
1
department
beginning of Period
10
transfers into the
- 1 April 2013
Appointments and
Number of
0
3
0
3
White
department
263
48
1
10
5
116
68
15
0
transfers out of the
Terminations and
Coloured
employees at
Salary Band
Table 3.5.1 - Annual turnover rates by salary band for the period 1 April 2013 to 31 March 2014
3.5 Employment Changes
Employees with a disability
TOTAL
Male
Female
Gender
0
8
1
7
5.6
2.8
1
5.2
6.4
6
0
0
41
7
34
5.4
10.2
Turnover rate
Total
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
133
28
1
1
0
1
Other occupations
41
9
Other administrative & related clerks and organisers
2
29
1
4
64
3
10
Human resources & organisat developm & relate prof
2
27
Head of department/chief executive officer
78
1
55
7
16
Finance and economics related
Crime investigators
Client information clerks(switchboard reception information clerks)
9
472
Advocates
746
0
4
1
19
2
0
1
2
0
1
5
1
2
0
2
2
2
0
0
1
0
1
1
23
fers into the department
beginning of period - 1
April 2013
Appointments and trans-
Number of employees at
Critical Occupation
out of the department
0
0
0
16
2
0
0
0
0
0
3
0
1
1
0
6
5
0
2
0
1
0
12
33
Terminations and transfers
Table 3.5.2 - Annual turnover rates by critical occupation for the period 1 April 2013 to 31 March 2014
Turnover rate
0
0
0
39
6.9
0
0
0
0
0
4.7
0
10
50
0
22.2
6.4
0
3.6
0
6.3
0
2.5
4.4
134
4,915
263
5.4%
100.0%
0.0%
17.1%
45
0
8.7%
23
0.0%
0.0%
3.8%
0.4%
18.3%
44.9%
6.8%
% ot Total Resignations
263
0
16
4
2
2
157
out of the department
Terminations and transfers
Turnover rate
The contract expiries above are only employees who left the NPA where the contracts were not extended.
Of the 45 employees who transferred out of the NPA, 23 employees were transferred to the Department of Justice and Constitutional Development.
11
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 1 not guilty.
Total number of employees who left as a % of total employment
TOTAL
Other
Transfer to other Public Service Department
10
9
11
0
Discharge due to ill-health
Retirement
0
Dismissal-inefficiency
1
48
118
10
Number
Dismissal-misconduct
Dismissal-operational changes
Expiry of contract10
Resignation
Death
Termination Type
18
296
0
2
0
0
0
224
Table 3.5.39 - Reasons why staff left the department for the period 1 April 2013 to 31 March 2014
TOTAL
4
178
Senior managers
103
23
97
2,903
fers into the department
beginning of period - 1
April 2013
Appointments and trans-
Number of employees at
Protection services
Prosecutor
Critical Occupation
5.4
0
9
3.9
8.7
2.1
5.4
135
28
1
1
1
Other occupations
41
9
Other administration & related clerks and organisers
2
29
1
4
64
3
10
Human resources & organisation development & related professionals
2
27
78
1
55
7
16
9
Finance and economics related
Crime investigators
Client information clerks (switchboard reception information clerks)
472
Advocates
5
0
0
0
0
0
0
0
0
0
3
0
1
1
1
0
5
0
1
0
0
0
67
other salary level
2013
746
Promotions to an-
Employees 1 April
Occupation
Table 3.5.4 - Promotions by critical occupation for the period 1 April 2013 to 31 March 2014
cupation
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
0.0%
4.7%
0.0%
10.0%
50.0%
3.6%
0.0%
6.4%
0.0%
1.8%
0.0%
0.0%
0.0%
14.2%
0.7%
1
0
189
24
1
7
2
1
1
52
6
6
1
11
31
63
0
39
5
7
7
507
369
salary level
employees by oc-
Progressions to another notch within a
Salary level promotions as a % of
100.0%
0.0%
461.0%
82.8%
100.0%
77.8%
100.0%
100.0%
25.0%
81.3%
200.0%
60.0%
50.0%
39.3%
114.8%
80.8%
0.0%
70.9%
71.4%
43.8%
77.8%
107.4%
49.5%
occupation
a % of employees by
Notch progression as
136
4,915
TOTAL
4,915
899
2,320
Senior Management (Levels 13-16)
1,393
293
0
1
2
0
0
7
0
0
276
276
113
156
2013
10
Promotions to
another salary level
Employees 1 April
Salary Band
Table 3.5.5 - Promotions by salary band for the period 1 April 2013 to 31 March 2014
TOTAL
4
178
Senior managers
103
23
97
189
other salary level
2013
2,903
Promotions to an-
Employees 1 April
Protection services
Prosecutor
Occupation
level
5.6%
12.6%
6.7%
0.5%
0.0%
0.0%
3,632
697
1,927
786
214
8
a salary level
employees by salary
Progressions to
another notch within
Salary bands
3,632
3
96
73
13
83
2,034
promotions as a % of
5.6%
0.0%
0.6%
1.9%
0.0%
0.0%
6.5%
salary level
cupation
other notch within a
employees by oc-
Progressions to an-
motions as a % of
Salary level pro-
73.9%
77.5%
83.1%
56.4%
73.0%
80.0%
by salary bands
as a % of employees
Notch progressions
73.9%
75.0%
53.9%
70.9%
56.5%
85.6%
70.1%
occupation
a % of employees by
Notch progression as
137
57
Service and Sales Workers
7
1,681
0
197
1
0
0
0
15
7
14
150
10
Coloured
Male
8
0
82
0
0
0
0
4
2
4
64
Indian
3
444
1
0
0
0
41
5
12
330
55
White
4
1398
16
0
0
0
32
259
230
833
28
African
3
1
290
0
0
0
0
4
55
38
190
Coloured
Female
0
178
0
0
0
0
4
12
11
141
10
Indian
4
556
0
0
0
0
14
33
31
455
23
White
TOTAL
Unskilled and defined decision making
Semi-skilled and discretionary decision making
foremen
Skilled technical and academically qualified workers, junior management, supervisors,
Professionally qualified and experienced specialists and mid-management
Senior Management
Top Management
Occupational band
1,681
0
83
440
1,111
38
9
African
197
0
6
45
136
9
1
Coloured
Male
82
0
1
16
57
7
1
Indian
444
0
2
34
353
53
2
White
1,398
11
161
592
606
21
7
African
290
0
34
109
144
3
0
Coloured
Female
178
0
7
32
129
10
0
Indian
556
0
11
84
438
22
1
White
4,826
11
305
1,352
2,974
163
21
Total
19
4,826
37
0
0
0
171
460
439
3,535
184
Total
Table 3.6.2 - Total number of employees (including employees with disabilities) in each of the following occupational bands as on 31 March 2014
Employees with disabilities
TOTAL
19
0
Plant and Machine Operators and Assemblers
Elementary Occupations
0
Craft and related Trades Workers
0
87
Clerks
Skilled Agriculture and Fishery Workers
99
1,372
47
African
Technicians and Associate professionals
Professionals
Legislators, Senior Officials and Managers
Occupational category
Table 3.6.1 - Total number of employees (including employees with disabilities) in each of the following occupational categories as on 31 March 2014
3.6 Employment Equity
138
10
242
Skilled technical and academically qualified workers, junior management, supervisors, foremen
TOTAL
3
1,308
0
56
791
214
5
African
0
108
Senior Management
Top Management
Occupational Bands
Table 3.6.4 - Promotions for the period 1 April 2013 to 31 March 2014
TOTAL
0
79
Skilled technical and academically qualified workers, junior management, supervisors, foremen
18
0
Senior Management
1
African
Top Management
Occupational band
Table 3.6.3 - Recruitment for the period 1 April 2013 to 31 March 2014
0
161
0
5
25
103
24
4
Coloured
Male
0
17
0
1
14
1
1
0
Coloured
Male
0
80
0
1
6
38
34
1
Indian
0
6
0
0
5
1
0
0
Indian
2
409
0
2
17
201
179
10
White
0
11
0
0
8
2
1
0
White
4
1,068
8
110
367
483
98
2
African
0
116
1
14
92
8
1
0
African
1
229
0
27
67
115
20
0
Coloured
Female
0
22
0
4
17
1
0
0
Coloured
Female
0
161
0
5
21
82
51
2
Indian
0
7
0
0
6
1
0
0
Indian
1
492
0
8
48
270
161
5
White
0
9
0
1
8
0
0
0
White
11
3,908
8
214
793
2,083
781
29
Total
0
296
1
30
229
32
3
1
Total
139
TOTAL
Disciplinary action
60
African
Coloured
6
Male
Indian
Table 3.6.6 - Disciplinary action for the period 1 April 2013 to 31 March 2014
1
0
99
0
TOTAL
8
30
foremen
Skilled technical and academically qualified workers, junior management, supervisors,
58
3
Senior Management
0
African
Top Management
Occupational Bands
Table 3.6.5 - Terminations for the period 1 April 2013 to 31 March 2014
White
5
0
12
0
0
2
10
0
0
Coloured
Male
3
Female
0
92
0
10
46
31
4
1
African
Coloured
1
21
0
0
1
11
9
0
White
20
African
0
3
0
0
2
1
0
0
Inidan
Indian
2
0
7
0
1
3
3
0
0
Coloured
Female
White
0
5
0
0
4
1
0
0
Indian
7
Total
0
24
0
0
12
12
0
0
White
104
1
263
0
19
100
127
16
1
Total
140
0
7
Plant and Machine Operators and Assemblers
Elementary Occupations
0
2
0
124
1
0
0
0
10
10
15
86
Coloured
Male
Indian
0
44
0
0
0
0
2
1
3
34
4
122
92
Salary Level 14
Salary Level 13
234
15
Salary Level 15
TOTAL
4
Salary Level 16
15
4
1
226
90
116
members
SMS posts
1
Total number of SMS
2
211
0
0
0
0
32
0
5
NDPP
SMS Level
22
152
White
Table 3.7.1 Signing of Performance Agreements by SMS members as on 31 May 2013
3.7 Signing of Performance Agreements by SMS Members
910
0
Craft and related Trades Workers
TOTAL
0
32
5
70
778
18
African
Skilled Agriculture and Fishery Workers
Service and Sales Workers
Clerks
Technicians and Associate Professionals
Professionals
Legislators, Senior Officials and Managers
Table 3.6.7 - Skills development for the period 1 April 2013 to 31 March 2014
9
0
0
141
0
0
0
0
2
8
25
106
Coloured
221
89
115
14
3
n/a
performance agreements
Total number of signed
0
716
2
0
0
0
16
46
181
462
African
Female
0
95
0
0
0
0
2
2
10
78
3
5
0
268
1
0
0
0
10
5
15
232
White
94.4%
96.7%
94.3%
93.3%
75.0%
n/a
number of SMS members
agreements as % of total
Signed performance
Indian
63
2
2,509
11
0
0
0
106
77
324
1,928
Total
141
214
Female
45
Female
66
Female
112
130
839
Male
Female
TOTAL
White
39
Male
Coloured
16
Male
Asian
217
4,826
556
444
290
197
178
82
1,398
1,681
Number of
employees
Number of
Beneficiary Profile
beneficiaries
Male
African
Race and Gender
group
17.4%
23.4%
25.2%
22.8%
19.8%
25.3%
19.5%
15.3%
12.9%
% of total within
29,578
5,571
5,719
1,665
1,390
1,939
789
5,353
7,152
Cost (R’000)
Cost
35,254
42,854
51,063
25,227
35,641
43,088
49,313
25,014
32,959
employees
Average cost per
Table 3.8.1 - Performance Rewards by race, gender and disability for the period 1 April 2013 to 31 March 2014
3.8 Performance Rewards
None
Reasons
Table 3.7.3 Disciplinary steps taken against SMS members for not having concluded Performance agreements as on 31 May 2013
The 4 performance agreements not submitted to HRD are 1 secondment, 2 suspensions and the 1 DNDPP acting NDPP
Out of 234 funded SMS posts there are 8 vacancies
Reasons
Table 3.7.2 Reasons for not having concluded Performance agreements for all SMS members as on 31 May 2013
142
2
482
784
TOTAL
4,601
2,932
1,365
292
12
17.0%
16.4%
16.6%
25.0%
16.7%
salary bands
% of total within
2
1
2
6
13
Human resources & organisation development & related professionals
10
General legal administration & related professionals
20
1
11
1
Client information clerks(switchboard reception information clerks)
Crime investigators
2
115
Advocates
employees
beneficiaries
126
Number of
69
13
7
4
11
30
83
50
8
12
10
563
424
Beneficiary profile
Number of
Critical occupation
Cost
18.8%
46.2%
28.6%
25.0%
18.2%
33.3%
24.1%
22.0%
12.5%
8.3%
20.0%
20.4%
29.7%
occupation
% of total within
277
66
39
127
94
133
458
446
31
12
14
6,883
2,866
Cost
33,159
43,925
17,445
11,658
7,000
employee
Average cost per
Total Cost (R’000)
25,997
21,172
3,960
851
14
Table 3.8.3 - Performance Rewards by critical occupation for the period 1 April 2013 to 31 March 2014
227
73
Number of
employees
Number of
Beneficiary Profile
beneficiaries
Salary band
21,308
11,000
19,500
127,000
47,000
13,300
22,900
40,545
31,000
12,000
7,000
59,852
22,746
employee
Average cost per
1.06%
0.86%
0.16%
0.03%
0.00%
expenditure
personnel
% of the total
Total cost as a
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
143
1
2
1
8
1
Other occupations
TOTAL
839
0
48
Senior managers
40
2
11
Protection services
344
0
Prosecutor
1
70
0
Language practitioners interpreters & other communication
Other administrat & related clerks and organisers
0
1
4
2
300
25
1
9
2
1
4
4,826
4
221
95
21
100
2,752
Number of
employees
Number of
Beneficiary profile
beneficiaries
Critical occupation
0.0%
0.0%
17.4%
0.0%
21.7%
42.1%
9.5%
11.0%
12.5%
100.0%
0.0%
50.0%
23.3%
32.0%
100.0%
22.2%
50.0%
occupation
% of total within
0
0
29,578
0
3,092
780
70
358
12,701
53
0
23
904
77
18
31
25
Cost
0
0
35,254
0
64,417
19,500
35,000
32,545
36,922
53,000
0
23,000
12,914
9,625
18,000
15,500
25,000
employee
Average cost per
144
3
Band D (Level 16)
225
6
15
115
89
24.4%
50.0%
6.7%
24.3%
25.8%
salary bands
% of total within
3
0
3
2
0
9
Contract (Levels 6-8)
TOTAL
100.0%
0.0%
22.2%
33.3%
0.0%
33.3%
11.1%
% of total
Number
7
0
2
2
0
2
1
12
9
9
Professionals and managers
TOTAL
0.0%
100.0%
100.0%
% of total
Of the 7 foreign workers, 6 hold permanent residence status and 1 is a scarce skill recruited from outside the country.
0
Number
01 April 2013
Administrative office workers
Major occupation
Number
7
6
1
100.0%
85.7%
14.3%
% of total
31 March 2014
100.0%
0.0%
28.6%
28.6%
0.0%
28.6%
14.3%
% of total
31 March 2014
3,583
227
127
1,984
Number
Number
-2
-3
1
Change
-2
0
0
-1
0
-1
0
Change
65,146
75,667
127,000
70,857
54,130
employee
Average cost per
Cost
1,245
Table 3.9.212 - Foreign workers by major occupation for the period 1 April 2013 and 31 March 2014
1
Number
01 April 2013
Salary band
Table 3.9.1 - Foreign workers by salary band for the period 1 April 2013 and 31 March 2014
3.9 Foreign Workers
55
1
Band C (Level 15)
TOTAL
28
Band B (Level 14)
employees
beneficiaries
23
Number of
Beneficiary Profile
Number of
Band A (Level 13)
Salary band
100.0%
150.0%
-50.0%
% change
100.0%
0.0%
0.0%
50.0%
0.0%
50.0%
0.0%
% change
0.15%
0.01%
0.01%
0.08%
0.05%
expenditure
personnel
% of the total
Total cost as a
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
145
149
34728.5
91.0%
88.7%
92.1%
90.7%
89.2%
3,893
589
1,918
1,106
270
10
sick leave
98.7%
employees using
Employees using
Medical
certification
100.0%
15.1%
49.3%
28.4%
6.9%
0.3%
sick leave
% of total
Number of
% Days with
100.0%
15.8%
43.9%
35.1%
3.5%
Same as footnote 13
57
9
25
20
2
1.8%
disability leave
14
100.0%
100.0%
100.0%
100.0%
100.0%
% of total
employees using
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 the head count figures.
2532
certification
1
disability leave
medical
100.0%
Number of
Employees using
% Days with
13
TOTAL
580
1481
392
41
38
Total days
Salary band
9
8
9
9
9
15
employee
44
64
59
20
21
38
Average days per
employee
Average days per
Table 3.10.214 - Disability leave (temporary and permanent) for the period 1 January 2013 to 31 December 2013
TOTAL
4758.5
17156.5
10235.5
2429
Total days
Salary band
Table 3.10.113 - Sick leave for the period 1 January 2013 to 31 December 2013
3.10 Leave utilisation
7,138
1,071
43
(R’000)
4,896
2,017
2,551
296
20
12
Estimated Cost
53,773
16,228
29,293
(R’000)
Estimated Cost
146
22545.01
547
TOTAL
(R’000)
Same as footnote 13
Same as footnote 13
Same as footnote 13
17
6 559
TOTAL
16
2 104
Current leave payout on termination of service for 2013/14
15
4 427
28
Number of
employees
Total amount
Capped leave payouts on termination of service for 2013/14
cycle
Leave payout for 2012/2013 due to non-utilisation of leave for the previous
Reason
103
89
13
1
153
Table 3.10.517 - Leave payouts for the period 1 April 2013 to 31 March 2014
332
Average per
64
24
341
28
employee (R’000)
56
22
29
5
capped leave
taken
62
Number of
Employees using
Total days of
4,941
821
2,436
1,365
308
11
capped leave
Salary band
Table 3.10.416 - Capped leave for the period 1 January 2013 to 31 December 2013
112463.31
56951.54
TOTAL
26363.76
6347
256
taken
annual leave
Number of
Employees using
Total days
Salary band
Table 3.10.315 - Annual leave for the period 1 January 2013 to 31 December 2013
23
27
23
19
21
23
employee
10
7
11
12
of days taken per
Average number
employee
Average per
44
47
43
33
December 2013
employee as at 31
leave per
Average capped
147
based HIV&AIDS, STI’S and TB Mainstreaming Into Public Administration and Public Service 2012-2016)
registered on the AIDS for AIDS Programme and 72% were females. (Guidelines on Gender Sensitivity and Right
The GEMS Key Health Trends report of 2009-2010 indicates that by the end of 2010, 53, 495 public servants were
risk of contracting HIV&AIDS.
Also based on the GEMS reports issued after every health screening, Female employees are identified to be at high
sexually active and therefore at risk of contracting HIV.
The majority of the NPA employees are in the age group 30-49, and fall within the category of the population which is
Female employees, especially pregnant women are at high risk of contracting HIV/AIDS.
Units/categories of employees identified to be at high risk of contracting HIV & related diseases (if any)
Table 3.11.1 - Steps taken to reduce the risk of occupational exposure
3.11 HIV/AIDS & Health Promotion Programmes
Condoms were made accessible in NPA buildings.
encourage employees to know their status.
HIV Counselling and Testing facilities were made available to
Key steps taken to reduce the risk
148
of your health promotion programme? If so, list these measures/indicators.
8. Has the department developed measures/indicators to monitor & evaluate the impact
and Testing? If so, list the results that you have achieved.
7. Does the department encourage its employees to undergo Voluntary Counselling
these measures.
those perceived to be HIV-positive from discrimination? If so, list the key elements of
6. Has the department introduced measures to protect HIV-positive employees or
the basis of their HIV status? If so, list the employment policies/practices so reviewed.
department to ensure that these do not unfairly discriminate against employees on
5. Has the department reviewed the employment policies and practices of your
X
X
X
X
Health Screening Reports; EWP Evaluation Questionnaire.
495 Employees tested for HIV.
Awareness programme on HIV/AIDS, CARE, Disciplinary Code.
HIV AND AIDS Policy.
and E Moonsamy: DPP South Gauteng.
Health and Wellness, M Molefe: Employee Health and Wellness, N Madikizela: DPP Mthatha
Gauteng: Limpopo, P Semenya: Employee Health and Wellness, N Shihlane: Employee
Gauteng: Mpumalanga, P Kgopiso: DPP North Gauteng: Pretoria, S Mogongwa: DPP North
Masobela: DPP North West: Odi Cluster, T Hadebe: DPP Durban, C Mortlock: DPP North
the members of the committee and the stakeholder(s) that they represent.
F Ross: DPP Cape Town, C Fisher: DPP Gramhstown, Queenstown, V Esterhuizen: DDDP
EAP, HIV/AIDS Health and Productivity Management and Sport and Recreation.
3 employees and an external service provider. Budget of about R2 230 000.00.
Ms G.B. Dludla - Director: Human Resource Transformation.
Details, if yes
Bisho, N Magongwa: DPP Northern Cape, J Matlou: DPP North West : Mmabatho Cluster, B
X
X
No
Chapter 1 of the Public Service Regulations, 2001? If so, please provide the names of
4. Has the department established (a) committee(s) as contemplated in Part VI E.5 (e) of
programme.
Programme for your employees? If so, indicate the key elements/services of the
3. Has the department introduced an Employee Assistance or Health Promotion
available for this purpose.
number of employees who are involved in this task and the annual budget that is
members to promote health and well being of your employees? If so, indicate the
2. Does the department have a dedicated unit or have you designated specific staff
provide her/his name and position.
X
X
1. Has the department designated a member of the SMS to implement the provisions
contained in Part VI E of Chapter 1 of the Public Service Regulations, 2001? If so,
Yes
Question
Table 3.11.2 - Details of Health Promotion and HIV/AIDS Programmes [tick the applicable boxes and provide the required information]
149
18
86
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.
13
Case withdrawn
Not guilty
4
17.4%
15
Dismissal
0.0%
0
18
100.0%
15.1%
4.7%
0.0%
Demotion
8.1%
18.6%
0
16
Final written warning
27.9%
Fine
24
Written warning
1.2%
7
1
Verbal warning
7.0%
% of total
None
Suspended without pay
6
Number
Corrective counselling
Outcomes of disciplinary hearings
Table 3.12.2 - Misconduct and disciplinary hearings finalised for the period 1 April 2013 to 31 March 2014
Total number of Collective agreements
Table 3.12.1 - Collective agreements for the period 1 April 2013 to 31 March 2014
3.12 Labour Relations
150
19
19
5
3
1
1
2
1
6
Bringing the name of the NPA into disrepute
Abuse of position
Racism
Failure to comply with the media policy
Driving under the influence of alcohol
Failure to comply with the FCA
Improper conduct
10 of the 19 misconduct cases are corruption related of which 9 were finalised and 1 was carried over.
104
3
Poor performance
TOTAL
2
10
5
11
1
13
Assault
Negligence
Prejudicing the administration and discipline of the organisation
Financial misconduct
Harassment
Insubordination, insolence and dereliction of duty
7
Abuse of state vehicle and/or state property
18.3%
19
100.0%
5.8%
1.0%
1.9%
1.0%
1.0%
2.9%
4.8%
2.9%
1.9%
9.6%
4.8%
10.6%
1.0%
12.5%
6.7%
1.0%
12.5%
% of total
13
1
Number
Substance abuse
Dishonesty, corruption, bribery, fraud
Absenteeism
Type of misconduct
Table 3.12.3 - Types of misconduct addressed at disciplinary hearings for the period 1 April 2013 to 31 March 2014
151
0
0
Total costs of working days lost
Amount recovered as a result of no work no pay (R’000)
Cost of suspension (R’000)
5,114
170
20
Number of people whose suspension exceeded 30 days
Average number of days suspended
22
Number of people suspended
Table 3.12.7 - Precautionary suspensions for the period 1 April 2013 to 31 March 2014
0
Total number of persons working days lost
Table 3.12.6 - Strike actions for the period 1 April 2013 to 31 March 2014
Total number of disputes lodged
Number of disputes dismissed
Number of disputes upheld
Disputes
Table 3.12.5 - Disputes logged with Councils for the period 1 April 2013 to 31 March 2014
Total number of grievances lodged
Number of grievances not resolved
Number of grievances resolved
Grievances
Table 3.12.4 - Grievances logged for the period 1 April 2013 to 31 March 2014
Number
Number
31
6
25
166
46
120
28%
72%
19.4
80.6
100%
% of total
100%
% of total
152
TOTAL
Gender sub totals
Elementary occupations
Plant and machine operators and assemblers
Craft and related trades workers
Skilled agriculture and fishery workers
Service and sales workers
Clerks
Technicians and associate professionals
Professionals
Legislators, senior officials and managers
Number of
2,456
Male
4,915
2,459
23
Male
Female
16
0
Male
Female
0
0
Male
Female
0
0
Male
Female
0
118
57
25
Female
Male
Female
Male
174
228
Male
Female
520
Female
1,941
Male
121
59
1,633
April 2013
employees as at 1
Female
Male
Female
Gender
Table 3.13.1 - Training needs identified for the period 1 April 2013 to 31 March 2014
3.13 Skills Development
63
79
0
0
0
0
0
0
0
0
0
2
39
42
24
35
0
0
0
0
142
Learnerships
451
175
276
4
9
0
0
0
0
0
0
25
40
18
53
84
122
40
49
4
3
2,497
1,272
1,225
0
0
0
0
0
0
0
0
45
55
19
41
29
77
1,152
1,030
27
22
training
& other short
courses
Other forms of
Skills Programmes
Training needs identified at start of the reporting period
Total
3,090
1,510
1,580
4
9
0
0
0
0
0
0
70
97
76
136
137
234
1,192
1,079
31
25
153
TOTAL
Gender sub total
Elementary occupations
Plant and machine operators and assemblers
Craft and related trades workers
Skilled agriculture and fishery workers
Service and sales workers
Clerks
Technicians and associate professionals
Professionals
Legislators, senior officials and managers
Number of
2,456
Male
4,915
2,459
23
Male
Female
16
0
Male
Female
0
0
Male
Female
0
0
Male
Female
0
118
Male
Female
57
25
Female
Male
174
228
Male
Female
520
Female
1,941
Male
121
59
1,633
April 2013
employees as at 1
Female
Male
Female
Gender
Table 3.13.2 - Training provided for the period 1 April 2013 to 31 March 2014
Learnerships
49
14
35
0
0
0
0
0
0
0
0
0
0
5
19
9
16
0
0
0
0
609
258
351
8
3
0
0
0
0
0
0
20
12
10
34
52
132
148
165
20
5
1,851
1,017
834
0
0
0
0
0
0
0
0
56
18
1
8
32
83
902
713
26
12
training
& other short
courses
Other forms of
Skills Programmes
Training needs identified at start of the reporting period
Total
2,509
1,289
1,220
8
3
0
0
0
0
0
0
76
30
16
61
93
231
1,050
878
46
17
154
1
11
Fatal
Total
3
8 July 2013 to 31 July 2014
1 March 2013 to 30 June 2014
23 July 2013 to 15 August 2013 (20 hours)
2
1
Total duration (work days)
23 July 2013 to 15 August 2013 (20 hours)
1 March 2013 to 30 June 2014 (250 hours)
8 July 2013 to 31 July 2014 (250 hours)
Duration (work days)
1
1
Technical audit assistance
Total individual consultants
2
Review of annual financial statements and technical audit assistance
Total number of projects
1
that worked on the project
Total number of consultants
Bid drafting services
Project Title
Table 3.15.1 - Report on consultant appointments using appropriated funds for the period 1 April 2013 to 31 March 2014
3.15 Utilisation of Consultants
0
Permanent Disablement
10
0
Number
Temporary Total Disablement
Required basic medical attention only
Nature of injury on duty
Table 3.14.1 - Injury on duty for the period 1 April 2013 to 31 March 2014
3.14 Injury on duty
70,000
212,354
180,000
value in Rand
Total contract
70,000
212,354
180,000
Rand
Contract value in
100.0%
9.0%
0.0%
0.0%
91.0%
% of total
155
Nexia SAB&T
RMS Chartered Accountants
Review of annual financial statements and technical audit assistance
Technical audit assistance
RMS Chartered Accountants
Nexia SAB&T
Predicate Logistics
Percentage management by HDI groups
Total number of projects
Total individual consultants
that worked on the project
Total number of consultants
Total duration (work days)
Duration (Work days)
1
1
0
value in Rand
Total contract
tract value in Rand
Donor and con-
project
work on the
HDI groups that
consultants from
Number of
None
Project title
groups
Percentage ownership by HDI
Percentage management by HDI groups
project
work on the
HDI groups that
consultants from
Number of
Table 3.15.4 - Analysis of consultant appointments using Donor funds, in terms of Historically Disadvantaged Individuals (HDIs) for the period 1 April 2013
to 31 March 2014
None
None
Project title
Table 3.15.3 - Report on consultant appointments using Donor funds for the period 1 April 2013 to 31 March 2014
Predicate Logistics
groups
Percentage ownership by HDI
Bid drafting services
Project title
Table 3.15.2-Analysis of consultant appointments using appropriated funds, in terms of Historically Disadvantaged Individuals (HDIs) for the period 1
April 2013 to 31 March 2014
156
0
0
1
0
1
Skilled (Salary Level 3-5)
Highly Skilled Production (Salary Level 6-8)
Highly Skilled Supervision (Salary Level 9-12)
Senior Management (Salary Level 13 and higher)
Total
1
0
1
0
0
0
1
0
1
0
0
0
MPSA
MPSA
0
supported by
referred to the
received
Number of
applications
Number of
applications
Number of
applications
Lower Skilled (Salary Level 1-2)
Salary band
Table 3.16.1 - Granting of employee initiated severance packages for the period 1 April 2013 to 31 March 2014
3.16 Severance Packages
department
approved by
packages
Number of
1
0
1
0
0
0
Part E
Financial
Information
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
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
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
163
3,068,164
216
Actual amounts per statement of financial performance (total expenditure)
Aid assistance
ADD
Actual amounts per statement of financial performance (total revenue)
3,100,550
20,000
3,068,164
4,253
54,499
11,160
2,998,252
12,386
-
4,037
(14,591)
(3,640)
14,194
R’000
Aid assistance
-
-
-
-
-
R’000
Virement
Final
Appropriation
ADD
Reconciliation with statement of financial performance
TOTAL
Payment for financial assets
14,800
69,090
Payment for capital assets
2,984,058
R’000
R’000
Transfers and subsidies
Current payment
1. National Prosecuting Authority
Shifting of
Funds
Adjusted
Appropriation
2013/14
3,081,108
12,944
3,068,164
4,253
54,499
11,160
2,998,252
R’000
Actual
Expenditure
Appropriation per programme
APPROPRIATION STATEMENT
-
-
-
-
-
R’000
Variance
100.0%
100.0%
100.0%
100.0%
100.0%
%
Expenditure
as % of
final
appropriation
2,881,985
31,674
10,487
2,839,824
3,589
68,548
6,571
2,761,116
R’000
Final
Appropriation
2012/13
2,856,377
16,553
2,839,824
3,589
68,548
6,571
2,761,116
R’000
Actual
Expenditure
164
7,354
Households
Total
Payments for financial assets
3,068,164
216
18,934
50,156
Buildings and other fixed structures
Machinery and equipment
Payments for capital assets
7,446
512,805
2,471,253
-
-
-
-
4,091
(4,091)
35,720
(35,720)
R’000
R’000
Departmental agencies and accounts
Goods and services
Compensation of employees
Current payments
Shifting of
Funds
Adjusted
Appropriation
-
4,037
(6,846)
(7,745)
(2,706)
(934)
18,231
(4,037)
R’000
Virement
2013/14
3,068,164
4,253
43,310
11,189
8,739
2,421
566,756
2,431,496
R’000
Final
Appropriation
3,068,164
4,253
43,310
11,189
8,739
2,421
566,756
2,431,496
R’000
Actual
Expenditure
Appropriation per economic classification
-
-
-
-
-
-
-
-
R’000
Variance
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
%
Expenditure
as % of final
appropriation
2,839,824
3,589
50,885
17,663
4,344
2,227
450,279
2,310,837
R’000
Final
Appropriation
2,839,824
3,589
50,885
17,663
4,344
2,227
450,279
2,310,837
R’000
Actual
expenditure
2012/13
165
1.3
1.2
1.1
-
184
260
122,514
-
Current payment
352
854
322
-
4
(230)
56,737
-
129
(49,142)
-
(373)
3,658
(26,070)
288,229
Current payment
Specialised Prosecutions
Services
-
2,603
3,193
2,009,265
R’000
R’000
Current payment
National Prosecutions
Service
Detail per sub-programme
Shifting of
Funds
Adjusted
Appropriation
320
-
-
-
608
-
-
-
2,508
-
-
(4,037)
R’000
Virement
2013/14
320
188
30
179,251
608
451
1,206
239,087
2,508
2,230
6,851
1,979,158
R’000
Final
Appropriation
320
188
30
179,251
608
451
1,206
239,087
2,508
2,230
6,851
1,979,158
R’000
Actual
Expenditure
-
-
-
-
-
-
-
-
-
-
-
-
R’000
Variance
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
248
208
34
103,165
259
404
1,317
221,403
589
2,132
2,766
1,914,570
R’000
248
208
34
103,165
259
404
1,317
221,403
589
2,132
2,766
1,914,570
R’000
Actual
expenditure
2012/13
Final
Appropriation
166
Current payment
Office for Witness
Protection
Current payment
-
-
549
(14,591)
(3,640)
18,231
52
-
-
-
R’000
Virement
2013/14
3,068,164
765
51,457
2,634
454,949
52
173
439
145,807
R’000
Final
Appropriation
3,068,164
765
51,457
2,634
454,949
52
173
439
145,807
R’000
Actual
Expenditure
-
-
-
-
-
-
-
-
-
R’000
Variance
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
100.0%
%
Expenditure
as % of final
appropriation
2,839,824
256
65,520
2,425
375,246
2,237
284
29
146,732
R’000
2,839,824
256
65,520
2,425
375,246
2,237
284
29
146,732
R’000
Actual
expenditure
2012/13
Final
Appropriation
The Programme structure of the NPA changed as from 1 April 2013 in order to reflect Specialised Prosecutions Services as a separate programme. In
the prior year the amounts for Specialised Prosecutions Services (2012/13) was included in the amounts for National Prosecutions Service.
3,068,164
-
67
65,981
216
(4,112)
23,630
-
173
332
10,386
413,088
-
Support Services
-
107
(5,155)
R’000
R’000
150,962
Shifting of
Funds
Adjusted
Appropriation
Total
1.5
1.4
Detail per sub-programme
NOTES TO THE APPROPRIATION STATEMENT
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.
4.1
Explanations of material variances from Amounts Voted (after Virement):
Per sub-programme
Final
Actual
Appropriation
Expenditure
Variance
Variance as
a % of Final
Appropriation
R’000
R’000
R’000
R’000
1,990,747
1,990,747
-
0.0%
241,352
241,352
-
0.0%
179,789
179,789
-
0.0%
146,471
146,471
-
0.0%
Support Services
509,805
509,805
-
0.0%
4.2
Per economic classification
Final
Actual
Appropriation
Expenditure
Variance
Variance as
a % of Final
Appropriation
R’000
R’000
R’000
R’000
2,431,496
2,431,496
-
0.0%
566,756
566,756
-
0.0%
2,421
2,421
-
0.0%
Households
8,739
8,739
-
0.0%
11,189
11,189
-
0.0%
43,310
43,310
-
0.0%
4,253
4,253
-
0.0%
Current payments
Goods and services
167
STATEMENT OF FINANCIAL PERFORMANCE
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
3,100,550
2,881,985
TOTAL REVENUE
EXPENDITURE
Current expenditure
4
2,431,496
2,310,837
Goods and services
5
566,756
450,279
Aid assistance
3
Total current expenditure
12,944
16,553
3,011,196
2,777,669
11,160
6,571
11,160
6,571
7
Total transfers and subsidies
Expenditure for capital assets
Tangible assets
8
Total expenditure for capital assets
6
TOTAL EXPENDITURE
SURPLUS FOR THE YEAR
54,499
68,548
54,499
68,548
4,253
3,589
3,081,108
2,856,377
19,442
25,608
-
-
-
-
12,386
10,487
Reconciliation of Net Surplus for the year
Voted funds
Annual appropriation
Departmental revenue and NRF Receipts
13
Aid assistance
3
SURPLUS FOR THE YEAR
168
7,056
15,121
19,442
25,608
STATEMENT OF FINANCIAL POSITION
as at 31 March 2014
Note
2013/14
2012/13
R’000
R’000
38,720
33,403
ASSETS
Current assets
Cash and cash equivalents
9
20,045
13,249
Prepayments and advances
10
9,494
1,229
Receivables
11
9,181
18,925
38,720
33,403
33,091
27,336
TOTAL ASSETS
LIABILITIES
Current liabilities
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
Bank overdraft
14
22
-
Payables
15
1,204
4,578
Aid assistance unutilised
3
26,945
19,889
33,091
27,336
5,629
6,067
2013/14
2012/13
R’000
R’000
5,629
6,067
5,629
6,067
Revenue Fund
TOTAL LIABILITIES
NET ASSETS
Note
Represented by:
Recoverable revenue
TOTAL
169
STATEMENT OF CHANGES IN NET ASSETS
Note
2013/14
2012/13
R’000
R’000
6,067
5,650
Recoverable revenue
Opening balance
Transfers:
Irrecoverable amounts written off
Debts revised
Debts recovered (included in departmental receipts)
Debts raised
Closing balance
TOTAL
170
6.2
(438)
417
(1,616)
(2,740)
(693)
(1,837)
(3,262)
(1,641)
5,133
6,635
5,629
6,067
5,629
6,067
CASH FLOW STATEMENT
Note
2013/14
2012/13
R’000
R’000
3,100,550
2,881,963
CASH FLOWS FROM OPERATING ACTIVITIES
Receipts
Annual appropriated funds received
3,068,164
2,839,824
2
11,333
10,101
2.2
1,053
364
3
20,000
31,674
Net increase in working capital
(1,895)
(32,087)
Surrendered to Revenue Fund
(10,335)
(14,285)
-
(23)
1.1
Departmental revenue received
Interest received
Aid assistance received
Surrendered to RDP Fund/Donor
Current payments
(3,011,196)
(2,777,669)
(4,253)
(3,589)
Transfers and subsidies paid
(11,160)
(6,571)
16
61,711
47,739
8
(54,499)
(68,548)
-
22
(54,499)
(68,526)
(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)
13,249
33,619
20,023
13,249
Net cash flow available from operating activities
CASH FLOWS FROM INVESTING ACTIVITIES
Proceeds from sale of capital assets
2.3
Net cash flows from investing activities
CASH FLOWS FROM FINANCING ACTIVITIES
Cash and cash equivalents at beginning of period
Cash and cash equivalents at end of period
17
171
ACCOUNTING POLICIES
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
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
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
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
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
173
ACCOUNTING POLICIES
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
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 derecognised 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.
175
176
2.2
2.3
2.4
2.5
Interest, dividends and rent on land
Sales of capital assets
Transactions in financial assets and liabilities
Transfer received
Departmental revenue collected
2.1
Note
3,068,164
Sales of goods and services other than capital assets
2. Departmental revenue
3,068,164
Total
3,068,164
R’000
R’000
3,068,164
Received
Appropriation
Actual Funds
Final
2013/14
R’000
R’000
12,386
-
10,060
-
1,053
2012/13
2013/14
1,273
2,839,824
2,839,824
R’000
received
Appropriation
2012/13
1.1 Annual Appropriation
Included are funds appropriated in terms of the Appropriation Act (and the Adjustments Appropriation Act) for National Departments (Voted funds):
1. Annual Appropriation
NOTES TO THE ANNUAL FINANCIAL STATEMENTS
10,487
100
8,856
22
364
1,145
177
1,087
11
1,214
10
1,053
Total
Tangible assets
2.3 Sale of capital assets
-
22
22
22
-
364
364
-
R’000
R’000
2
29
2012/13
2013/14
Note
Interest, dividends and rent on land comprises of one account representing interest on contractual debt. This
account increased because of the increased number of bursary debt that was raised and recovered.
1,053
R’000
R’000
2
Total
2012/13
2013/14
Note
1,145
47
1,273
1,134
49
R’000
R’000
2
1,263
2012/13
2013/14
Note
Interest
2.2 Interest, dividends and rent on land
Total
Sales of scrap, waste and other used current goods
Other sales
Sales by market establishment
Sales of goods and services produced by the department
2.1 Sales of goods and services other than capital assets
178
-
-
Current
Closing Balance
-
Surrendered to donor
-
Expenditure
R’000
R’000
Revenue
2012/13
2013/14
-
Note
Opening Balance
Foreign
3.1 Aid assistance received in cash from other sources
3. Aid assistance
-
Total
R’000
R’000
2
-
2012/13
2013/14
Note
10,060
Public corporations and private enterprises
2.5 Transfers received
Total
3,857
6,203
R’000
R’000
2
Other Receipts including Recoverable Revenue
2012/13
2013/14
Note
Receivables
2.4 Transactions in financial assets and liabilities
3,945
-
(23)
(2,733)
(2,733)
2,674
82
100
100
8,856
4,911
179
(12,944)
Current
Note
(12,944)
Expenditure
(16,553)
26,945
Closing balance
R’000
R’000
26,945
2012/13
2013/14
26,945
CARA Fund
Aid assistance unutilised
3.4 Analysis of balance
Closing Balance
-
(12,944)
Current
Surrendered to RDP/Donor
19,889
19,889
19,889
(23)
31,674
(16,553)
20,000
(12,944)
Expenditure
4,791
Revenue
R’000
R’000
19,889
(13,820)
(13,820)
19,889
2012/13
2013/14
4,709
29,000
Opening Balance
3.3 Total assistance
26,945
20,000
Closing Balance
19,889
R’000
R’000
Revenue
2012/13
2013/14
Opening Balance
3.2 Aid assistance received in cash from CARA Fund
180
Average number of employees
Total compensation of employees
Total
Bargaining council
UIF
4,857
2,431,496
276,076
174
3
266,158
162
8
64,295
201,693
4,998
2,310,837
R’000
64,946
2012/13
R’000
210,953
361,070
4,531
2,185
29,271
2,044,679
2013/14
2,155,420
393,076
11,285
1,548
30,221
1,647,622
R’000
R’000
1,719,290
2012/13
2013/14
Medical
Note
Note
Pension
Employer contributions
4.2 Social contributions
Total
Other non-pensionable allowances
Compensative/circumstantial
Service Based
Performance award
Basic salary
4.1 Salaries and Wages
4. Compensation of employees
181
Catering
1
5,559
6,354
63,730
7
80,223
2,809
3,137
54,306
450,279
21
25
63,749
3,370
3,836
45,124
566,756
Rental and hiring
Transport provided as part of the departmental activities
Venues and facilities
Training and development
Total
Other operating expenditure
Travel and subsistence
Property payments
5.9
5.8
5.7
144,922
5.6
24,935
Operating leases
Consumables
15,448
341
49,713
12,351
18,245
5.5
23,503
Inventory
Fleet services
Audit cost – external
5.4
84,533
110,846
5.3
Consultants, contractors and agency/outsourced services
Entertainment
50,072
57,909
5.2
2,384
32,427
1,932
Computer services
Communication
20,892
8,458
2,167
3,197
5.1
1,984
Bursaries (employees)
Capital assets less than R5 000
5,769
8,732
Advertising
R’000
R’000
1,622
2012/13
2013/14
2,402
Note
Administrative fees
5. Goods and services
182
R’000
R’000
5
110,846
84,533
16,388
5,284
46,344
16,517
50,072
19,789
30,283
8,458
-
8,458
The decrease in Business and advisory services and Legal cost amounts relates to the reclassification of curator payments and NPA section 38 appointments to
form part of Contractors. The increase in Contractors payments was due to the NPA’s efforts to settle curator expenditure on an on-going basis.
Total
2,328
88,204
Agency and support/outsourced services
17,811
Contractors
R’000
R’000
5
2,503
2012/13
2013/14
Note
Legal costs
Business and advisory services
5.3 Consultants, contractors and agency/outsourced services
57,909
9,265
2012/13
2013/14
Note
48,644
3,197
7
R’000
R’000
5
3,190
2012/13
2013/14
Note
SITA computer services relate to ICT and related services provided in terms of the SITA Act 88 of 1998.
Total
External computer service providers
SITA computer services
5.2 Computer services
Total
Transport assets
Tangible assets
5.1 Capital assets less than R5 000
183
-
Medical supplies
Total
785
49,713
Total
24,935
24,150
418
48,613
Stationery, printing and office supplies
Other consumables
-
42
IT consumables
-
46
339
-
785
341
8
52
67
214
5,559
5,559
Building material and supplies
Household supplies
R’000
R’000
5
255
2012/13
2013/14
Note
Uniform and clothing
Consumable supplies
5.6Consumables
1,100
-
Materials and supplies
As a result of the reclassification of inventory the amounts reflected in the prior year was transferred to Consumables.
-
Learning, teaching and support material
R’000
R’000
5
-
2012/13
2013/14
Note
Food and food supplies
5.5Inventory
6,354
Total
R’000
R’000
5
6,354
2012/13
2013/14
Note
Regularity audits
5.4 Audit cost – External
184
98,791
144,922
Other
Total
63,730
15,344
47,607
779
1,933
63,749
Total
743
R’000
R’000
5
45,124
54,306
47,727
4,987
1,592
80,223
834
79,389
Other operating expenditure: Other comprises laundry services, courier services, printing and publication, roadworthy tests, storage of assets and witness
custody fees.
43,144
Total
1,237
2012/13
2013/14
Note
Other
Resettlement costs
Professional bodies, membership and subscription fees
5.9 Other operating expenditure
The reduction in Travel and subsistence: Local is the result of the implementation of the cost cutting measures introduced by National Treasury.
61,816
R’000
R’000
5
Foreign
2012/13
2013/14
Note
Local
5.8 Travel and subsistence
Property payments: Other comprises the following services: gardening, cleaning, fumigation, laundry, pest control (fumigation) and safeguarding and security.
45,834
R’000
R’000
5
297
2012/13
2013/14
Note
Property management fees
Municipal services
5.7 Property payments
185
2,418
4,034
Total debt written off
R’000
R’000
6
Irrecoverable debt written off
2012/13
2013/14
Note
219
32
114
1,616
or write off
Cases were investigated and either referred for recovery
or write off
20
R’000
R’000
6
53
2012/13
2013/14
Recoverable revenue written off
Nature of debts written off
6.2 Debts written off
Total
Losses and damages
Motor vehicle accidents
or write off
or write off
Capital Assets written off
Minor Assets written off
Disciplinary Steps taken/ Criminal proceedings
Incident
Nature of other material losses
6.1 Other material losses
4,253
4,034
R’000
R’000
219
2012/13
2013/14
Note
6.2
Debts written off
Total
6.1
Note
Other material losses written off
6. Payments for financial assets
3,274
534
2,740
315
-
105
25
185
3,589
3,274
315
186
R’000
54,499
43,310
Total
11,189
54,499
R’000
54,499
43,310
Total
Tangible assets
8.1 Analysis of funds utilised to acquire capital assets – 2013/14
54,499
54,499
43,310
11,189
R’000
R’000
11,189
2012/13
2013/14
54,499
11,160
8,739
R’000
R’000
2,421
2012/13
2013/14
Voted funds
29.1
Total
33.1
Tangible assets
8. Expenditure for capital assets
Note
Annex 1B
Households
Total
Annex 1A
Note
7. Transfers and subsidies
68,548
50,885
17,663
68,548
6,571
4,344
2,227
187
2013/14
50,015
Total
Investments (Domestic)
Cash on hand
Consolidated Paymaster General Account
9. Cash and cash equivalents
Note
20,045
-
325
R’000
R’000
19,720
2012/13
68,548
50,885
17,663
68,548
2013/14
50,015
38,826
Total
11,189
R’000
Tangible assets
8.3 Finance lease expenditure included in Expenditure for capital assets
68,548
50,885
Total
17,663
Note
R’000
R’000
68,548
Total
Voted funds
Tangible assets
8.2 Analysis of funds utilised to acquire capital assets – 2012/13
13,249
151
273
12,825
188
11.3
11.5
11.4
Staff debt
Fruitless and wasteful expenditure
Other debtors
Total
11.2
Annex 3
11.1
Note
Recoverable expenditure
Claims recoverable
11. Receivables
3,384
-
-
3,334
-
-
-
1,924
196
-
1,728
One to three years
Less than one year
50
R’000
R’000
R’000
3,873
128
-
3,745
-
-
Older than three years
2013/14
Total
R’000
9,181
324
-
8,807
-
50
The advance amount relates to the “My NPA” television campaign produced by Government Communication Information Systems (GCIS).
8,968
Total
R’000
R’000
10
8,968
2012/13
2013/14
Note
National departments : GCIS
10.1 Advances paid
9,494
8,968
Total
Advances paid
R’000
R’000
86
2012/13
2013/14
440
10.1
Note
Prepayments
Travel and subsistence
10. Prepayments and advances
Total
R’000
2012/13
807
807
1,229
807
347
75
18,925
324
-
10,876
7,720
5
189
176
Sal: Reversal Control
324
324
R’000
R’000
11
Total
2012/13
2013/14
Note
VAT Clearing
11.4 Other debtors
8,807
1
Sal: Official Union: CL
Total
9
Sal: Tax Debt: CA
R’000
R’000
11
8,621
2012/13
2013/14
Note
Debt Account: CA
11.3 Staff debt
-
R’000
R’000
11
Total
2012/13
2013/14
Note
Disallowance Miscellaneous
11.2 Recoverable expenditure (disallowance accounts)
50
Total
R’000
R’000
11
50
2012/13
2013/14
Note
National departments
11.1 Claims recoverable
324
324
10,876
73
-
25
10,778
7,720
7,720
5
5
190
Transfers from note 25 Fruitless and Wasteful Expenditure
-
Closing balance
R’000
R’000
Paid during the year
2012/13
2013/14
Opening balance
Note
3,733
12. Voted funds to be surrendered to the Revenue Fund
3,733
R’000
R’000
11
Total
2012/13
2013/14
Note
Estimate of impairment of receivables
11.6 Impairment of receivables
-
225
(233)
Less amounts written off
Total
8
R’000
R’000
11
Less amounts recovered
2012/13
2013/14
Note
Opening balance
11.5 Fruitless and wasteful expenditure
-
-
(6,250)
6,250
5,697
5,697
-
(2,865)
2,565
300
191
2013/14
Note
-
Sal: Medical Aid: CL
1,204
-
Private telephone
Total
-
48
Disallowance Miscellaneous
PACE claims
26
Sal: ACB Recalls
R’000
R’000
87
2012/13
2013/14
1,043
15
Note
1,204
R’000
R’000
1,204
2012/13
R’000
2012/13
2013/14
Sal: Income Tax
Sal: Pension Fund
Description
15.1 Clearing accounts
Total
Clearing accounts
15.1
22
Total
15. Payables – current
22
R’000
Overdraft with commercial banks (Local)
14. Bank Overdraft
4,920
(10,335)
Paid during the year
Closing balance
12,386
Note
R’000
R’000
2,869
2012/13
2013/14
Transfer from Statement of Financial Performance (as restated)
Opening balance
Note
13. Departmental revenue and NRF Receipts to be surrendered to the Revenue Fund
417
4,578
6
12
4,428
-
72
41
19
4,578
4,578
-
-
2,869
(8,035)
10,487
192
Note
(3,374)
(Decrease) in payables – current
20,023
(22)
Total
325
R’000
R’000
Cash with commercial banks (Local)
2012/13
2013/14
19,720
61,711
Cash on hand
Consolidated Paymaster General account
17.Reconciliation of cash and cash equivalents for cash flow purposes
Net cash flow generated by operating activities
-
(10,335)
Surrenders to Revenue Fund
Surrenders to RDP Fund/Donor
54,499
Expenditure on capital assets
-
(8,265)
(Increase)/decrease in prepayments and advances
Proceeds from sale of capital assets
9,744
Decrease/(increase) in receivables – current
42,269
R’000
R’000
19,442
2012/13
2013/14
Add back non cash/cash movements not deemed operating activities
Note
Net surplus as per Statement of Financial Performance
16. Net cash flow available from operating activities
13,249
151
273
12,825
47,739
(23)
(14,285)
68,548
(22)
(25,747)
409
(6,749)
22,131
25,608
193
Annex 4
45,446
619
43,260
R’000
R’000
1,567
2012/13
2013/14
66,234
7,411
57,065
1,758
-
R’000
R’000
Total
2012/13
2013/14
-
Note
Labour court ruling
Nature of contingent asset
18.2 Contingent assets
506
506
The opening balance of the prior year for Contingent Liabilities: Housing Loan Guarantees is restated to R 1,758 million (2012/13: R 1,937) as per Persal report #
7.11.15.
The payment of Housing loan guarantees is dependent on the occurrence or non-occurrence of future events as regulated in terms of the policy and procedure
manual, Guarantee Scheme for Housing Loans for Officials and Employees in the Public Sector as issued and administered by the National Department of Public
Works.
Claims against the department reported above relates to civil actions taken against the NPA. The NPA is of the opinion that it can successfully oppose these
cases. However, the legal process is lengthy and accompanies an amount of uncertainty. Intergovernmental claims received will only be settled after the NPA has
confirmed liability.
Total
Annex 2B
Annex 2A
Intergovernmental payables (unconfirmed balances)
Employees
Note
Claims against the department
Housing loan guarantees
Liable toNature
18.1 Contingent liabilities
18. Contingent liabilities and contingent assets
194
Note
81,748
21,908
97,071
-
5,873
13,748
Total
103
13,645
-
30 Days
Other
Capital assets
Goods and services
Listed by economic classification
20. Accruals and payables not recognised
237
-
-
237
30+ Days
13,882
13,985
-
103
R’000
R’000
Total
2012/13
2013/14
Total
-
81,748
75,163
16,035
-
81,748
2,983
R’000
R’000
72,180
2012/13
2013/14
39,549
1,254
352
37,943
Included in the commitment amounts are commitments to the amount of R 7,944,986 for the next three years for computer and server support and
maintenance.
Total Commitments
Approved but not yet contracted
Approved and contracted
Capital expenditure
Approved but not yet contracted
Approved and contracted
Current expenditure
19. Commitments
195
3,991
Support Services
75
R’000
R’000
75
2012/13
2013/14
302,602
124,236
37,275
58,646
82,445
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 pro rate leave taken by
permanent staff in advance during the period January 2014 to March 2014.
325,866
Total
38,830
124,846
Performance awards
Capped leave commitments
63,118
R’000
R’000
Service bonus (Thirteenth cheque)
2012/13
2013/14
99,072
Note
Leave entitlement
21. Employee benefits
The Accrual amount for Specialised Prosecutions Services for the 2012/13 financial year was included in the amount for National Prosecutions Service
(R 4,052 million).
-
-
39,549
29,842
4,322
1,333
-
4,052
The Programme structure of the NPA changed as from 1 April 2013 in order to reflect Specialised Prosecutions Services as a separate programme.
Total
Confirmed balances with other departments
Annex 4
3,755
Note
1,475
13,985
1,503
Total
3,261
R’000
R’000
2012/13
2013/14
Listed by programme level
Note
196
9,425
Total lease commitments
2,922
Total
Total
2,922
2,922
9,425
5,031
4,394
Vehicles
-
-
Later than 1 year and not later than 5 years
34,399
structures
-
21,374
13,025
46,076
32,749
13,327
Buildings and other fixed
structures
Buildings and other fixed
28,780
8,811
19,969
74,856
41,560
33,296
126,065
91,666
-
44,737
81,328
Total
Total
59,954
31,712
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
is reported as part of Machinery and Equipment (2012/2013: Note later than 1 year: R 4,616 and Later than 1 year and not later than 5 years: R 1,088).
-
Not later than 1 year
2012/13
-
Later than five years
-
Vehicles
2013/14
22.2 Finance leases expenditure**
The operating lease commitments disclosed above relates to lease agreements for buildings and houses. No assets are subleased. The NPA has submitted
requests to Department of Public Works for the renewal of the building leases.
2,922
fixed structures
Buildings and other
5,031
2012/13
4,394
fixed structures
Buildings and other
2013/14
22. Lease commitments
22.1 Operating leases expenditure
197
-
Add: amounts recognised
Closing balance
(20,000)
R’000
R’000
Less: amounts received
2012/13
2013/14
20,000
Note
Opening balance
23.1 Analysis of accrued departmental revenue
-
R’000
R’000
-
2012/13
2013/14
Total
Note
Transfers received (incl. conditional grants to be repaid by provincial departments)
23. Accrued departmental revenue
20,000
20,000
-
-
20,000
20,000
The finance lease commitment amounts reflected above relates to photocopy machines, motor vehicles and buildings. No assets are subleased. The
motor vehicle and photocopy machine leases are for a period of 3 years and do not contain any escalation clauses. The building lease agreement contains
an annual escalation linked to CPIX.
198
406,310
395,554
10,756
406,310
(122,023)
(1,700)
-
10,756
10,148
509,129
The prior year opening balance was restated with R 18,791 million changing the amount from R 527,920 to R 509,129. This was done to rectify duplicate
entries identified in the Irregular Expenditure Register during the current financial year.
411,310
Total
5,125
406,185
Prior years
Current year
Analysis of awaiting condonation per age classification
411,310
Irregular expenditure awaiting condonation
(125)
-
5,125
-
R’000
R’000
406,310
2012/13
2013/14
-
Note
Less: Amounts not recoverable (not condoned)
Less: Current year amounts condoned
Less: Prior year amounts condoned
Add: Irregular expenditure – relating to current year
Add: Irregular expenditure – relating to prior year
Opening balance
24. Irregular expenditure
24.1 Reconciliation of irregular expenditure
199
Criminal investigation
Referred to Labour Relations
Accommodation lease
Incorrect appointment
Acting allowance
Witness fees
Forensic Psychologist
Aircon repair
IT equipment repair
Cleaning contract
CEO: NPA
CEO: NPA
CEO: NPA
CEO: NPA
CEO: NPA
CEO: NPA
Acting allowance
Witness fees
Forensic Psychologist
Aircon repair
IT equipment repair
Cleaning contract
Total
Condoned by (condoning authority)
Incident
24.3 Details of irregular expenditure condoned
Total
Disciplinary steps taken/criminal proceedings
Incident
24.2 Details of irregular expenditure – current year
R’000
2013/14
R’000
2013/14
125
77
6
14
8
17
3
5,125
77
6
14
8
17
3
17
4,983
200
Total
Current
25.2 Analysis of awaiting resolution per economic classification
1,594
1,147
1,594
-
R’000
R’000
1,594
(2,865)
(6)
1,882
20
2,563
1,147
2012/13
2013/14
1,147
(233)
Less: Amounts transferred to receivables for recovery
Fruitless and wasteful expenditure awaiting resolution
(380)
Less: Amounts resolved
44
R’000
R’000
1,594
2012/13
2013/14
122
11.6
Note
Fruitless and wasteful expenditure – relating to current year
Fruitless and wasteful expenditure – relating to prior year
Opening balance
25. Fruitless and wasteful expenditure
25.1 Reconciliation of fruitless and wasteful expenditure
201
2,004
2,004
R’000
R’000
Total
2012/13
2013/14
Officials seconded
Note
113,342
Total
26.2 Other
113,342
Goods and services
26. Related party transactions
26.1 Payments made
R’000
Under investigation
Interest paid
R’000
Amount written off
Damage to leased equipment
2012/13
Under investigation
Civil claims paid
2013/14
R’000
2013/14
Amount recovered
Traffic fines
Note
Amount recovered
No shows
Total
Disciplinary steps taken/criminal proceedings
Incident
25.3 Analysis of Current year’s fruitless and wasteful expenditure
2,026
2,026
12,494
12,494
122
25
2
88
1
6
202
70,198
Total
The NPA is a programme within the Department of Justice and Constitutional Development. The Accountant General has exempted the department from including the
financial transactions of the NPA in the financial statements of the department for the 2013/14 financial year only. If no changes are affected to the current legislation, the
Department of Justice and Constitutional Development must, with effect from 1 April 2014, prepare and submit one set of interim and annual financial statements that
include the results of the NPA. The NPA will therefore in future not submit separate financial statements.
The contingent liability amount related to summonses received for wrongful prosecution where the Minister of Justice and Constitutional Development is cited along with
the National Director Public Prosecution is reflected in the Annual Report of the Department of Justice and Constitutional Development.
The NPA share an accounting officer, internal audit and audit committee with the Department of Justice and Constitutional Development. The cost associated with the
mentioned officials are carried by DoJ&CD. The NPA contributed to the cost of Internal Audit and security services rendered to prosecutors at the lower courts. The budget
for accommodation and therefore the payment for the majority of facilities occupied by the NPA are paid by DoJ&CD.
The entities include the Family Advocate, State Attorneys, State Law Advisers, Master of the High Court, Office for the Control of Interception and Monitoring of Communication,
South African Human Rights Commission, Commission on Gender Equality, Magistrate’s Commission, President’s Fund, Board of Sheriffs, Rules Board for the Labour
Court, Equality Review Committee, Debt Collectors’ Council, Public Protector, Criminal Assets Recovery Committee, Represented Political Parties’ Fund, Rules Board for
Courts of Law, Judicial Service Commission, South African Law Reform Commission, Special Investigating Unit, Legal Aid South Africa and the NCPS. The transfer to the
State Attorney is on a reimbursement basis for legal expenditure incurred on behalf of the NPA.
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
Justice and Constitutional Development. As such the NPA transacts with entities falling under this vote on a regular basis. These transactions are not necessarily conducted
at arm’s length as most services are rendered on a no-cost or recovery basis.
70,198
R’000
2013/14
IJS Project
In kind goods and services received
Note
203
No. of Individuals
Unused amounts reversed
126,050
-
-
-
-
(2,003)
R’000
126,050
-
(27,172)
(97,411)
77,710
172,923
Total provisions
172,923
2,003
170,920
35,803
438
9,665
25,700
29. Movable Tangible Capital Assets
The provision amount reported above relates to curator expenditure incurred as part of the Asset Forfeiture process. The NPA has committed to paying curator
expenditure on an ongoing basis depending on the availability of funds.
Closing balance
-
(27,172)
Settlement of provisions
Change in provision due to change is estimation inputs
77,710
(95,408)
Provisions raised
2,003
R’000
170,920
Job evaluation
R’000
126,050
-
R’000
R’000
126,050
2012/13
2013/14
Curator Expenditure
Note
Opening balance
28. 1 Reconciliation of movement in provisions – 2013/14
Total
Implementation of job evaluation Grading of jobs / posts
Curator Expenditure
28. Provisions
40,242
471
11,069
10
1
28,702
R’000
R’000
18
2012/13
2013/14
Key Management personnel expenditure represents only the EXCO and MANCO members on salary level 14 or higher.
Total
Family members of key management personnel
Level 14 (incl. CFO if at a lower level)
Level 15 to 16
Officials:
27. Key management personnel
204
1,799
269
2,498
(846)
(89)
1,832
(33)
(33)
-
-
17,151
1,438
1,557
14,156
-
17,151
R’000
Additions
-
-
(838)
(19)
(186)
(618)
(15)
(838)
R’000
Disposals
455
455
166,146
23,384
14,854
126,765
688
165,691
R’000
Closing Balance
29.1 Additions
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
assets were paid for by the NPA before it can be added to the Asset Register. Included in the amounts reported above is capital assets to the value of R 25,806.16
that were identified for disposal however, on 31 March 2014 was not yet approved.
148,034
21,696
Other machinery and equipment
TOTAL MOVABLE TANGIBLE CAPITAL ASSETS
10,985
114,073
792
Furniture and office equipment
Computer equipment
Transport assets
147,546
488
MACHINERY AND EQUIPMENT
488
R’000
R’000
Heritage assets
prior year balances
balance
HERITAGE ASSETS
Curr Year Adjustments to
Opening
MOVEMENT IN MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014
205
1,924
11,443
43,310
TOTAL ADDITIONS TO MOVABLE TANGIBLE
13,128
-
-
13,128
-
13,128
(39,390)
(10,108)
(367)
-
Transport assets
Computer equipment
TOTAL DISPOSAL OF MOVABLE TANGIBLE
CAPITAL ASSETS
-
R’000
Sold for cash
Transfer out or
R’000
838
19
186
618
15
838
destroyed or scrapped
Total disposals
R’000
-
(28,915)
(39,390)
(Paid current year,
lease payments)
R’000
paid
838
19
186
618
15
838
R’000
R’000
Total
R’000
-
-
-
-
-
-
17,151
1,438
1,557
14,156
-
17,151
Cash Received Actual
103
103
-
-
-
103
received prior year)
Received current, not
(Capital Work in Progress
current costs and finance
DISPOSALS OF MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014
29.2 Disposals
CAPITAL ASSETS
1,028
28,915
Computer equipment
43,310
Transport assets
R’000
R’000
Non-cash
Cash
ADDITIONS TO MOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014
206
11,007
R’000
year balances
264
(33)
(17)
(174)
-
(224)
488
488
Curr Year Adjustments to prior
93,829
TOTAL NUMBER OF MINOR ASSETS
Total
93,829
93,829
81,057
(778)
5,231
132
76,472
-
-
36,503
10,722
719
24,632
430
36,503
R’000
Additions
-
-
(145)
-
(55)
(90)
-
(145)
R’000
Disposals
R’000
488
488
148,034
21,696
10,985
114,073
792
147,546
Closing Balance
Included in the amounts reported above for minor assets are assets disposed not yet collected to the value of R 65,833.85 and assets to the value of
R 122,061.91 identified for disposal however, on 31 March 2014 was not yet approved.
93,829
Number of minor assets at cost
81,057
(778)
TOTAL MINOR ASSETS
5,231
Disposals
132
76,472
R’000
Additions
Curr Year Adjustments to Prior Year balances
Opening balance
Total
R’000
30 Minor assets
30.1 MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2014
111,412
10,338
TOTAL MOVABLE TANGIBLE CAPITAL ASSETS
89,705
362
Computer equipment
Transport assets
111,412
-
Heritage assets
-
R’000
Opening balance
HERITAGE ASSETS
Movement for 2012/13
207
86,807
838
TOTAL MOVABLE ASSETS WRITTEN OFF
145
145
TOTAL MOVABLE ASSETS WRITTEN OFF
R’000
R’000
Assets written off
Total
MOVABLE ASSETS WRITTEN OFF FOR THE YEAR ENDED AS AT 31 MARCH 2013
838
R’000
R’000
Assets written off
Total
MOVABLE ASSETS WRITTEN OFF FOR THE YEAR ENDED AS AT 31 MARCH 2014
31. Movable assets written off
86,807
TOTAL NUMBER OF MINOR ASSETS
R’000
Number of minor assets at cost
Total
R’000
76,472
(789)
Disposals
TOTAL MINOR ASSETS
8,578
15,765
Curr Year Adjustments to Prior Year balances
Additions
52,918
R’000
Opening balance
Total
R’000
145
145
838
838
86,807
86,807
76,472
(789)
8,578
15,765
52,918
30.2 MOVEMENT IN MINOR ASSETS PER THE ASSET REGISTER FOR THE YEAR ENDED AS AT 31 MARCH 2013
208
-
TOTAL IMMOVABLE TANGIBLE
R’000
balances
Curr Year Adjustments to prior year
-
-
R’000
Additions
11,189
11,189
Other fixed structures
TOTAL ADDITIONS TO IMMOVABLE TANGIBLE CAPITAL
ASSETS
11,189
BUILDING AND OTHER FIXED STRUCTURES
R’000
Cash
-
-
R’000
(11,189)
(11,189)
R’000
Disposals
(11,189)
costs and finance lease payments)
(Capital Work in Progress current
ADDITIONS TO IMMOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014
32.1 Additions
CAPITAL ASSETS
-
STRUCTURES
BUILDINGS AND OTHER FIXED
R’000
Opening balance
MOVEMENT IN IMMOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2014
32. Immovable Tangible Capital Assets
-
-
Closing
R’000
Total
R’000
Balance
-
-
-
-
-
209
-
TOTAL IMMOVABLE TANGIBLE
-
-
-
1,368
34. Approval to submit separate financial statements
The Accountant General, in terms of section 79 of the PFMA granted the DOJCD a departure from the current provision and approved the
separate submission of the NPA’s own AFS for the 2013/14 financial year only.
The prior year opening balance was restated with R 1,368 thousand changing the amount from R 169,552 million to R 170,920 million. This was
done to correct a prior year error.
1,368
Net effect on the note
R’000
2012/13
Opening Balance
The comparative amounts in Note 28 were restated as follows:
Note
The prior year opening balance was restated with R 18,791 million changing the amount from R 527,920 to R 509,129. This was done to rectify
duplicate entries identified in the Irregular Expenditure Register during the current financial year.
(18,791)
R’000
2012/13
-
-
-
R’000
Balance
Closing
(18,791)
Note
-
-
-
R’000
Disposals
Net effect on the note
-
-
-
R’000
Additions
Opening Balance
The comparative amounts in Note 24 were restated as follows:
R’000
balances
Curr Year Adjustments to prior year
33.1 Correction of prior period error for secondary information
33. Prior period errors
CAPITAL ASSETS
-
-
STRUCTURES
BUILDINGS AND OTHER FIXED
R’000
Opening balance
MOVEMENT IN IMMOVABLE TANGIBLE CAPITAL ASSETS PER ASSET REGISTER FOR THE YEAR ENDED 31 MARCH 2013
32.2 Movement for 2012/13
210
Total
(5,025)
7,354
7,354
Total
R’000
-
-
R’000
Overs
1,385
1,385
R’000
8,739
8,739
R’000
Available
8,739
8,739
R’000
Transfer
Actual
100%
100%
%
Transferred
funds
Total
Act
100%
100%
100%
%
% of
EXPENDITURE
2,421
27
2,394
R’000
Transferred
Available
Adjustments
2,421
27
2,394
R’000
Actual
Transfer
Adjusted
Roll
27
(5,052)
R’000
TRANSFER ALLOCATION
-
-
-
R’000
Available
Appropriation
7,446
Social benefits
Transfers
HOUSEHOLDS
ANNEXURE 1B
STATEMENT OF TRANSFERS TO HOUSEHOLDS
Total
-
7,446
SETA: Safety and Security
Radio and TV licenses
R’000
DEPARTMENT/ AGENCY/ ACCOUNT
Adjustments
funds
Roll
Overs
Appropriation
% of
Available
TRANSFER
Adjusted
TRANSFER ALLOCATION
ANNEXURE 1A
STATEMENT OF TRANSFERS TO DEPARTMENTAL AGENCIES AND ACCOUNTS
ANNEXURES TO THE ANNUAL FINANCIAL STATEMENTS
4,344
4,344
R’000
Act
Appropriation
2012/13
2,227
54
2,173
R’000
Act
Appropriation
2012/13
211
-
Cost of workshop
East African Prosecutors and Investigators workshop
Camden Asset recovery Inter agency seminar
Chips, Tropica and water provided
Gym equipment
Hungarian National Police
Clover SA and Dr Ntlopi
Rebosis Property Fund
Laptop
Sponsor travel and accommodation
Europol
Office of the Public Prosecutor: Mauritius
Commonwealth Secretariat
Wall Clocks
Zambian National Prosecuting Authority
Onelaw debt recovery systems
-
Laptop
Escon
Cover full cost for a delegate to attend Corruption Hunter meeting
Netbook
Genesis Training
International workshop
Sponsor accommodation for 1 night
Government of Botswana
Norad
-
Rugby tickets (SA vs. England)
Tsogo Sun
Indonesian Witness and victim protectors agency
-
Various donations up to R 1000
Various
-
-
-
-
-
-
-
-
-
-
23
-
Various items for the Thuthuzela Care Centres
USAID
-
100
100
113
6
52
30
5
50
50
24
15
3
8
5
1
1
17
1,000
23,689
R’000
R’000
-
2012/13
2013/14
IJS project
Court preparation equipment
NATURE OF GIFT, DONATION OR SPONSORSHIP
IJS Project assets
Received in kind
Subtotal
Dis-Chem foundation
Received in cash
NAME OF ORGANISATION
ANNEXURE 1C
STATEMENT OF GIFTS, DONATIONS AND SPONSORSHIPS RECEIVED
212
-
Sponsor registration fees for 9 delegates
Conference and accommodation for 3 delegates to National Victim empowerment summit
Adv. Mokhatla
Dept. of Social Development
ODC).
Economy Class Air ticket, Accommodation, Subsistence and Travel Allowance.
PFMA and MFMA Offences Training.
Nexus Training Academy.
United Nations Office on Drugs and Crime (UN-
The renovation of the waiting room in Tshepong
Agency by the OWP: WC during 16-19 April 2013.
Gifts presented as a token of appreciation for the assistance rendered to the Kenyan Witness Protection
25
8
8
2
24
-
Pool, Soccer and Tennis Tables.
The CARIN AGM will recognise and implement alternative strategies to target the proceeds of crime.
-
-
-
-
-
-
-
-
Motor vehicles
thought: Witness Protection in Africa by the Institute for Security Studies
2 Books: Litigation Skills for South Africa Lawyers, 3rd Edition by CG Marnewick; The Justice Sector After-
Return Airfare and Accommodation for 1 Delegate to the iLegal Conference in Johannesburg.
Windhoek, Namibia.
Flight, Accommodation, Meal and Ground Transportation Costs for 2 asset forfeiture proceedings trainers in
Briefcase and Perfume
Reformed Church: Bloempark
Kenyan Witness Protection Agency.
(CARIN).
Camdin Asset Recovery Inter-Agency Network
Adv. Mandla Zulu and Adv. Andrew Chauke
Dept. of Justice and Constitutional Development
LexisNexis; Adv. D. Adam
Consumer Goods Council of South Africa
Office of the Prosecutor-General of Namibia
Ismail and Celeste Omar
(SAFACT)
Airfare, Rail Ticket, Restaurant Meal, Certificate, 3 DVDs, 3 Moneticlors, Book and a Reading Light.
-
Airfare and accommodation
United States Department of Homeland Security
South African Federation Against Copyright Theft
-
Diaries and calendars
PWC
-
Team building
Attend and cater for identify theft and training summit
R’000
R’000
AA Corporate services and Tiger Brands
Airfare and accommodation
Vital voices
2012/13
2013/14
AS DoJ & SABRIC
-
-
-
-
-
10
430
2
4
23
2
3
9
18
52
2
292
15
37
213
Training on Forensic Analysis
Gym Equipment
Bronze Medal & T-Shirt.
Desk Clock; Key ring; Small Rucksack.
Whisky
T-Shirts and Caps
Return Airfare and Accommodation for 1 Delegate to the East African Association of Anti-Corruption Authori-
ties Meeting.
Kitchen Appliances and Children’s Chairs
Business Against Crime
Old Mutual
Premier: NW
Department of Labour
DataCentrix
Nike SA
East African Association of Anti-Corruption Au-
thorities.
Group Editors Co. (Pty) Ltd
684
TOTAL
159
90
76
34
684
Participation in International Winter Leadership Programme (US Judicial System).
tion of the Institute on Sexual and Gender Based Violence.
Return Airfare to and Accommodation in Mozambique and Daily Allowance for 5 Delegates to the Implementa-
Funding for Training.
covery.
Return Airfare and Accommodation for 1 Delegate to the Second Meeting of the Arab Forum on Asset Re-
27
10
16
3
2
2
1
2
90
3
7
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
26,068
25,968
R’000
R’000
72
2012/13
2013/14
Subtotal
United States Government.
Africa Prosecutors Association and SANTAC.
behalf of USAID).
Cheadle Thompson Haysom Inc. Attorneys (on
Stolen Asset Recovery Initiative
ODC)
Economy Class Air ticket, Accommodation, Subsistence and Travel Allowance.
Training on Admissibility of Evidence
United Nations Office on Drugs and Crime (UN-
Training on Enforcement.
Roux Krige
tional Benchmarking Tour
Economy Class Air ticket, Accommodation, Subsistence and Travel Allowance. Minimum Services Interna-
Mr. Theodor van den Heever
Public Service Co-ordinating Bargaining Council.
214
OPENING
TOTAL
Subtotal
USAID
Received in kind
and HIV and AIDS in South Africa.
raising awareness on the linkage between violence against women and children
19,889
-
-
19,889
Subtotal
R’000
BALANCE
19,889
The project is aimed at contributing to reduction of incidence of HIV and AIDS by
PURPOSE
CARA
Received in cash
NAME OF DONOR
ANNEXURE 1D
STATEMENT OF AID ASSISTANCE RECEIVED
90,000
70,000
70,000
20,000
20,000
R’000
REVENUE
28,552
15,608
15,608
12,944
12,944
R’000
EXPENDITURE
CLOSING
81,337
54,392
54,392
26,945
26,945
R’000
BALANCE
215
TOTAL
-
Unique Finance
1,758
15
197
39
191
51
160
-
-
-
-
-
-
-
-
-
160
R’000
Guarantees
351
-
37
-
-
-
-
-
37
19
258
R’000
the year
released during
reduced/
cancelled/
repayments/
-
-
-
-
-
-
-
-
-
-
-
R’000
Revaluations
Closing
1,567
15
160
39
324
60
191
51
82
152
493
R’000
31 March 2014
balance
-
-
-
-
-
-
-
-
-
-
-
R’000
March 2014
year ended 31
interest for
Guaranteed
Realised
-
-
--
-
-
-
-
-
-
-
-
R’000
claims paid out
recoverable i.e.
losses not
The opening balance of the prior year for Contingent Liabilities: Housing Loan Guarantees is restated to R 1,758 million (2012/13: R 1,937) as per Persal report # 7.11.15.
-
-
Standard Bank
324
-
NP Develop Cor
-
Nedbank Ltd(NBS)
Nedcor Inv Bank
Old Mutual (Nedb/P)
60
-
Nedbank Limited
171
119
-
Firstrand Bank
591
R’000
-
R’000
FNB - former SA
ABSA
respect of
institution
Housing
Guarantee in
Guarantor
year
during the
1 April 2013
amount
capital
balance
Guarantees
draw downs
Opening
Original
guaranteed
ANNEXURE 2A
STATEMENT OF FINANCIAL GUARANTEES ISSUED AS AT 31 MARCH 2014 – LOCAL
216
13,918
57,065
TOTAL
5,585
4,825
(2,065)
(19,390)
(17,325)
R’000
der)
tails hereun-
(Provide de-
-
-
-
-
Department of Water Affairs
Justice College
TOTAL
R’000
R’000
Department of Education: FS
31/03/2013
31/03/2014
-
5
-
-
5
Confirmed balance outstanding
Department of Defence
Department
Government Entity
ANNEXURE 3
CLAIMS RECOVERABLE
R’000
31/03/2014
49
26
13
-
10
R’000
31/03/2013
-
-
-
-
-
Unconfirmed balance outstanding
R’000
31/03/2014
49
26
13
-
10
Total
R’000
31/03/2013
5
-
-
5
-
43,260
1,418
41,842
R’000
31 March 2014
Balance
Closing
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
however, the legal process is lengthy and accompanies an amount of uncertainty.
43,147
760
R’000
R’000
R’000
the year
the year
1 April 2013
Outstanding law suits: AFU, Curator fees
duced during
incurred during
Balance
cancelled/re-
recoverable
Liabilities paid/
Opening
Liabilities
Liabilities
Outstanding law suits (SS, OWP, PCLU)
Claims against the department
Nature of Liability
ANNEXURE 2B
STATEMENT OF CONTINGENT LIABILITIES AS AT 31 MARCH 2014
217
-
-
Government Printing Works
Public Administration Leaderships and Management
South African Social Security Agency (SASSA)
Department of Transport and Public Works: WC
75
-
Department Police, Roads and Transport: FS
Total
8
26
Department of Public Works
Department of Sports, Arts and Culture: NW
41
Liaison: NW
-
R’000
Department of Human Settlements, Public safety and
31/03/2013
R’000
-
-
-
-
-
-
-
-
-
-
-
R’000
-
-
-
-
-
-
7
619
175
-
437
31/03/2014
24
7,411
-
21
347
367
1,676
-
-
4,976
R’000
31/03/2013
outstanding
outstanding
31/03/2014
Unconfirmed balance
Confirmed balance
Department of Home Affairs
Current
DEPARTMENTS
GOVERNMENT ENTITY
ANNEXURE 4
INTER-GOVERNMENT PAYABLES
R’000
7
694
175
-
437
-
-
8
26
41
31/03/2014
-
24
7,411
-
21
347
367
1,676
-
-
4,976
R’000
31/03/2013
TOTAL
218
-
(Less): Disposals
Closing balance
Add/(Less): Adjustments
155
-
(63)
-
Add: Additions - Non-cash
(Less): Issues
-
Add: Additions/Purchases – Cash
4,283
R’000
2013/14
(4,065)
Quantity
Opening balance
Note
Add/(Less): Adjustments to prior year balance
Inventory
ANNEXURE 5
INVENTORY
Quantity
-
-
25,276
-
5,498
4,283
118
(26,609)
R’000
2012/13
219
Total
formation Systems (GCIS)
Department of Communication and In-
NATIONAL DEPARTMENTS
ENTITY
8,968
807
807
R’000
8,968
31/03/2013
R’000
R’000
31/03/2014
-
-
R’000
31/03/2013
standing
ing
31/03/2014
Unconfirmed balance out-
Confirmed balance outstand-
ANNEXURE 6
INTER-ENTITY ADVANCES PAID (note 10)
-
-
8,968
8,968
R’000
R’000
807
807
31/03/2013
TOTAL
31/03/2014
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
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
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 productivity
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 [including 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.
Central data sheet
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 irrespective 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
DNDPP: NPS and SPS
Indicator Title
Number of operational TCCs
Short definition
The number of operational TCCs
Purpose/importance
TCC operational status verification document
Site confirmation that all criteria have been met
224
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
55 by 2015/16
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
Report filed in the regional file and reported to head office
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
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
Case report form that is captured on a central data sheet
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
324 by 2015/16
DNDPP: AFU
Indicator Title
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
Case report form that is captured in a central data sheet
225
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
R740 million by 2015/16
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
NPA daily court return
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
365 501 for 2015/16
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 mechanisms 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 productivity
NPA daily court return and diversion register
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
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
Register
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
DNDPP: SPS
Indicator Title
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
Daily court return
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
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 proceedings where applicable
Report filed in the regional file and reported to head office
Measured on the number of witnesses that walked off the programme divided by the number of witnesses on the programme
Data limitations
Manual system
Type of indicator
Output
Calculation type
Cumulative for the reporting period
Reporting cycle
Quarterly
New indicator
No
227
Desired performance
1.5% in 2015/16
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 confiscation 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
Case report form and is captured on a central data sheet
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
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
Case report form and is captured on a central data sheet
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
281 in 2015/16
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
Combined figure derived from registers of cases finally won and cases finally lost
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
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
Proof of payment or curator bonis report
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
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
NPA daily court return
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
229
Reporting cycle
Quarterly
New indicator
No
Desired performance
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
Register
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)
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
The data is submitted by an AFU advocate on a case report form and is captured on a register
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
Reporting cycle
Quarterly
New indicator
No
Desired performance
17 by 2015/16
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.
Case manager register
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
Reporting cycle
Monthly
New indicator
No
Desired performance
64% by 2015/16
Special Director: SOCA
231

NATIONAL PROSECUTING AUTHORITY OF SOUTH AFRICA

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