nps report to portfolio committee – may 2007 presented by: deputy national director of public...

NPS Report to Portfolio NPS Report to Portfolio Committee – May 2007Committee – May 2007

Presented by:Deputy National Director of Public Prosecutions

Adv. MJ Mpshe SC

Report comprises:

Part 1: Delivery

Part 2: Customer Management

Part 3: Resourcing

Part 4: Challenges

Part 5: Resolutions

Part 1: DeliveryPart 1: Delivery

Objective:Objective: Effective and Efficient Prosecution of Cases

Deliverable: Deliverable: Deliver as Speedily as possible

Court and Case Flow Court and Case Flow ManagementManagement

The NPA has fully embraced court and case flow management (CFM) practices and principles;

A formal training program for Lower Court prosecutors has been developed to ensure that CFM is practiced uniformly and consistently throughout South Africa;

The need to improve the preparation of court work by prosecutors has been identified - a general project is being launched to embrace these efforts with the prime goal of increasing the finalization rate of cases.

Overview of Performance Overview of Performance of all Courtsof all Courts

Removed from Roll587 037

New Cases875 038

Cases Finalised 313 702

Verdict Cases276 477

Cases Diverted37 225

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:

Lower Courts: Court HoursLower Courts: Court Hours

04:30

04:45

04:00

04:12

04:02

04:08

03:57

04:02

RegionalCourts

District Courts

Target 04/'05 05/'06 06/'07


High Courts: Court HoursHigh Courts: Court Hours

04:00

03:32

03:20

03:18

High Courts

Target 04/'05 05/'06 06/'07


Lower Courts: New CasesLower Courts: New Cases

80000

82000

84000

86000

88000

90000

92000

94000

96000

98000

100000

APR MAY JUN JUL AUG SEPT OCT NOV DEC JAN

04/'05 05/'06 06/'07


High Courts: New CasesHigh Courts: New Cases

1735

2301

1238

1772

Trial

Minimum Sentence

05/'06 06/'07


Lower Courts: Cases RemovedLower Courts: Cases Removed

0

50000

100000

150000

200000

250000

300000

Cases Withdrawn Warrants Transferred Other

04/'05 05/'06 06/'07


High Courts: Cases Removed

81

11185

0

20

40

60

80

100

120

2004/2005 2005/2006 2006/2007


Lower Courts: Finalisation Rate

20000

22000

24000

26000

28000

30000

32000

34000

36000

38000

40000


04/'05 05/'06 06/'07


District Courts: Finalisation Rate

15000

20000

25000

30000

35000

40000


04/'05 05/'06 06/'07


Regional Courts: Finalisation Rate

1000

1500

2000

2500

3000

3500

4000

4500

5000


04/'05 05/'06 06/'07

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Lower Courts:Lower Courts: Plea Bargaining

0

20

40

60

80

100

120

140

160

180

200


05/'06 06/'07


Lower Courts:Lower Courts: Finalisation Rate

• Alternative Dispute Resolution (ADR):

Diversion

Admission of Guilt


ADR: Diversions

1000

1500

2000

2500

3000

3500

4000

4500

5000


04/'05 05/'06 06/'07

PERFORMANCE INDICATORS: PERFORMANCE INDICATORS: ADR: Admissions of Guilt (AG):

1657 1669

818440

Middelburg Witbank

Verdict Cases Admission of guilt


High Courts: Finalisation Rate

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

3y on roll 2y on roll 1y on roll TOTAL

05/'06

06/'07


High Courts: Minimum Sentences

0%

20%

40%

60%

80%

100%

120%

CIS

CP

D

EC

D-G

HT

EC

D-P

E

OF

S

NC

D

NP

D-D

B

NP

D-P

MB

TP

D

TR

A

VE

N

WL

D

NA

T

Life Imprisonment

Sentence longerthan 15y

Sentence shorterthan 15y

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Finalization Rate (FR):

• Factors impacting FR negatively Non-uniform application of CFM

guidelines Vacancies Warrants Court days More accused, more counts per case Increase in Economic Crime

Factors impacting FR negativelyFactors impacting FR negatively::

Impact of CFM:

No proper roll planning – too few cases scheduled per day;

Non- adherence to court hours;

Low productivity on Fridays;

Multiple postponements granted on request of legal representative

Factors impacting FR negativelyFactors impacting FR negatively::Reasons for Postponements

2%

3%

6%

6%

8%

8%

10%

14%

21%

Crowded out/court time

Complainant

Accused

Bail Applications

Part-Heard

Request of Defense/Legal Aid

Legal Aid

Investigation

Trial

2004 2005 2006

Factors impacting FR negativelyFactors impacting FR negatively::

Alternative measures:

Plea Bargaining and Diversion processes depend on proper negotiations with all parties concerned;

Impact on effective utilization of court hours;

Court hours reflect only actual time spent in court.

Factors impacting FR negatively::VacanciesVacancies

0%

10%

20%

30%

40%


06/'07 Reduction in Verdict cases

Factors impacting FR negatively::Warrants:

0

500

1000

1500

2000

2500

KZ

N

E-C

AP

E

GA

UT

EN

G

N-W

ES

T

W-C

AP

E

F-

ST

AT

E

M/L

AN

GA

LIM

PO

PO

BAIL WARNING TOTAL WARRANT CASES

Ave of 14 605 issued p/m

Factors impacting FR negativelyFactors impacting FR negatively::Court Days:Court Days:

13000

18000

23000


04/'05 05/'06 06/'07

Factors impacting FR negativelyFactors impacting FR negatively::More Accused, more counts per case:

43112

112114

65840

20301

Cases Counts Accused Acc. in custody

2003 2004 2005 2006

Factors impacting FR negativelyFactors impacting FR negatively::Increased Economic Crime

Not Indicated0.4%

Arms/Ammo7.1%

Narcotics0.2%

Economic40.5%

Violent30.6%

Sexual21.7%

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Lower Courts:Lower Courts: Case Cycle Times

565

1114

9

'04 '05 '06

1st App in Dc - 1st App in Rc 1st App in Rc - Next App

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:High Courts: Case Cycle Times

29 12 22 14 14 20 29 16 217

7

6

11

15

15

9

11

24 29 10 25 10 13 21 23 13 19

8

9

6

7

5

10

10

21

7

10

0

4

10

BOP CPD ECD OFS NCD NPD TPD TRA WLD Nat.Ave

05:1st App in Dc - 1st App in Hc 05:1st App in Hc - Next App06:1st App in Dc - 1st App in Hc 06:1st App in Hc - Next App


Lower Courts:Lower Courts: Conviction Rate

87% 87% 87%

70% 71% 72%

District Court Regional Court

04/'05 05/'06 06/'07


High Courts:High Courts: Conviction Rate

86% 86%

89%

90%

Trial Cases Minimum Sentences

05/'06 06/'07


Lower Courts:Lower Courts: Outstanding Roll

207182

204051

209572

33783

33958

36322

04/'05

05/'06

06/'07

OUTSTANDING ROLL BACKLOG

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:District Courts:District Courts: Outstanding Roll

120000

140000

160000


04/'05 05/'06 06/'07

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Regional Courts:Regional Courts: Outstanding Roll

42000

43000

44000

45000

46000

47000

48000

49000

50000


04/'05 05/'06 06/'07


High Courts:High Courts: Outstanding Roll

892

418

815

298153 166

Trial Cases Minimum Sentence Cases Backlog Cases

05/'06 06/'07


High Courts: Appeal Backlogs

16

35

21

36

29

22

Receipt of Record Sentence to Finalisation

2004 2005 2006

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Regional Courts: Regional Courts: Backlog Project

Objective:Objective:

To reduce court backlogs by 20% in District, Regional and High courts with effect from 16 August 2006 till the end of the financial year; and to reduce the appeal backlog by 40%.

To ensure the numbers of new matters coming into court are balanced by matters concluded.

To ensure greater court efficiency and effectiveness, including alternative methods of dealing with demand, across the greater Integrated Justice System value chain.

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Regional Courts:Regional Courts: Backlog Project

Initial focus placed on 5 (five) Regional courts identified as backlog hotspot sites and interventions started there on 1 November 2006:

Pietermaritzburg Regional Courts in KZN (76% Backlog cases);

Port Elizabeth Regional Courts in Eastern Cape (61% Backlog cases);

Pretoria Regional Courts in Gauteng (58% Backlog cases);

Bellville Cluster in Western Cape (Regional Courts of both Bellville (39%) and Kuilsriver (53%) to be dealt with at Kuilsriver);

Protea Regional Courts in Gauteng (60% Backlog cases) – However in view of accommodation constraints this site dealt with the backlogs through only Saturday courts.

PERFORMANCE INDICATORS:PERFORMANCE INDICATORS:Regional Courts: Regional Courts: Backlog Project

CASES FINALISED

CONVICTION RATE

WITHDRAWNTOTAL

DISPOSEDAVE CRT HOURS

PMB 3 CRTS 39 78% 15 54 03h22

PE 3 CRTS 45 76% 36 81 04h03

PTA 2 CRTS 34 83% 31 65 03h16

PTA N 1 CRTS 16 83% 5 21 03h21

BELLVILLE 2 CRTS BLUE DOWNS

50 78% 63 113 03h05

PROTEA SAT CRTS

79 71% 1 80 05h24

TOTAL 263 78% 151 414 04h05

DEDICATED COURTS:DEDICATED COURTS:Dedicated Sexual Offences Courts

60 Regional Courts on average per month dedicated to sexual offences;

5240 cases finalised with a 65% conviction rate during 06/07;

5474 cases were finalised with a 66% conviction rate during 05/06.

Results obtained from the audit conducted on all outstanding cases in the Regional and High Courts during 2006 have shown that 21.7% of all charges comprised sexual offences which constituted a slight reduction from the 24% during the 2005 audit.

DEDICATED COURTS:DEDICATED COURTS:Case Cycle Times

0

2

4

6

8

10

12

14

16

18

BOP CPD ECD FSD NPD NCD TPD TRA WLD

Rape <16yrs Rape 16yrs+

Part 1: Delivery Part 1: Delivery continuedcontinued

Objective:Objective: Contribute to Crime Prevention and Community Justice

Deliverable: Explore the Role of NPS in Crime Prevention and Community Justice

Community JusticeCommunity Justice

Community Courts:

State President announced in 2004 at least two Community Courts per province will be established

Defined as: “Courts that utilise an integrated approach to combating crime, improving access to justice and promoting community participation.”

11 Courts with negotiations for further 13 Community Courts

Total cases finalized

Total new casesreceived

Conviction rate With verdict ADR

2006/2007

11 408 23 166 94 % 5 870 5538

2005/2006

19 829 36 012 97 % 15 008 4821

Community JusticeCommunity Justice

Community Prosecutions

Objectives Develop NPA concept of Community Prosecution Test if community justice is a viable option and to understand the impact

of process on organization. Adopt a problem solving approach to dealing with crime and become pro-

active in resolving conflict by utilizing alternative and varied law enforcement mechanisms.

Clearly define functions + profile of Community Prosecutor. Involve community, law enforcement agencies and other partners and

stakeholders in crime prevention strategiesAchievements:

Nine pilot sites, one per province Guidelines were drafted and signed off Ongoing monitoring and evaluation Four of the five training workshops took place

Crime PreventionCrime Prevention

Organised Crime Initiative Joint initiative between the NPS, AFU and SAP 68 more posts to be created for the appointment of dedicated

prosecutors Memorandum of Understanding between SAPS and NPA being

drafted.

Specialist Tax Units Created during 2003 24 posts exist nationally in the STU’s 2004/2005 cases finalised and prosecutions led to the conviction

of 301 accused persons/entities. 2005/2006 cases finalised and prosecutions led to 382

convictions (a 27% increase)

PROJECT CLEAN-UP As at end of February 2007:

DATE

No of Staff

worked

TOTAL HOURS

AVE HOURS

pp

PREPARATIONSCREENING

INQUESTARCHIVE

SDECISION

DOC

CONSULTATION

witnesses

DPP Reports

Admin Work

11/11/2006 132 856:58 06:29 181 384 14 2044 13 37 14

18/11/2006 147 943:30 06:25 477 395 0 2173 12 16 10

25/11/2006 189 1216:32 06:26 710 206 2 2677 6 11 15

02/12/2006 153 861:24 05:37 299 318 605 1781 2 4 12

09/12/2006 134 898:58 06:42 577 219 0 1919 1 12 4

16/12/2006 48 273:00 05:41 70 116 0 586 0 8 3

23/12/2006 3 23:00 07:40 0 0 0 65 0 0 7

06/01/2007 29 202:12 06:58 30 27 0 593 0 0 1

13/01/2007 65 443:45 06:49 28 37 0 1146 3 0 5

20/01/2007 91 601:50 06:36 22 48 0 2075 8 8 4

PROJECT TOTAL

991 6321:09 06:22 2394 1750 621 15059 45 96 75

TOTAL AVERAGE PER SAT.

99.1 266.0 194.4 207.0 1505.9 6.4 13.7 7.5

Part 2: Part 2: Customer ManagementCustomer Management


Manage Cases Effectively And Efficiently

Deliverable: Deliverable:

Implement Batho Pele and Build Understanding of NPS Processes and Role

Customer ManagementCustomer Management

Court Preparation Programme: assist victims of crimes and in particular abused children presently 68 Court Preparation Officials work study determined another 72 needed

Witness Care Centre (Thlokomelo Ya Dipaki):

Pilot project at Hatfield Community Court in partnership with the Tshwane University of Technology

Holistic approach ensures that witnesses: are kept informed of developments in cases are informed of reasons for decisions made are assisted in having concerns, fears and needs

identified and addressed

Customer ManagementCustomer Management

Restorative Justice: Use of Restorative Justice in the South African context; Establish best practices; and Extend the use of diversions. Regional work sessions commenced in March 2007

Awaiting Trial Detainees Project:

Objectives Reduce the number of Awaiting Trial Detainees; Develop criteria to filter criminals according to severity

of crime; Effective management of children awaiting trial; and Participate at provincial level in A T D structures.

Region Total numberHighCourtCases

RegionalCourtCases

DistrictCourtCases

CircuitCourtCases

KZN 314 32 205 72 5

Gauteng 640 69 484 86 1

Limpopo,MpumalangaNorth West

166 135 17 14

Northern CapeFree State 148 10 114 23 1

Western Cape 385 81 229 75

Eastern Cape 150 32 60 58

TOTAL 1803 224 1227 331 21

Customer ManagementCustomer ManagementATD’s Longer than 2 years:

Customer ManagementCustomer ManagementChildren in custody:

Region Total numberHighCourtCases

RegionalCourtCases

DistrictCourtCases

CircuitCourtCases

KZN 276 8 61 206 1

Gauteng 183 3 104 75 1

Limpopo MpumalangaNorth West

30 - 13 17 -

Northern CapeFree State 137 1 53 83 -

Western Cape 172 - 7 165 -

Eastern Cape 257 5 15 237 -

TOTAL 1055 17 253 783 2

Various factors contribute to the length of the period detainees are in correctional service centres. Cases get remanded for the following reasons:

Accused have applied for bail and their cases have been remanded for the formal hearing of the applications;

Defence lawyers withdraw or their contracts get terminated by the accused;

Newly-appointed lawyers want the records of part-heard cases typed;

An accused - or one of the accused in a multiple-accused matter - is sick, or is not brought to court from the correctional centre;

One accused in a multiple-accused matter escapes or disappears;

The investigation phase takes a long time, especially if DNA analysis is involved;

The defence lawyer for an accused is simply not at court.

Customer ManagementCustomer ManagementAwaiting Trial Detainees Project:

Part 3: ResourcingPart 3: Resourcing


Develop and Enhance NPS Governance, Delivery and Resourcing capability

Deliverable:

Working towards becoming an Employer of Choice

Vacancies, Recruitment and Expansion

Posts 2005 2006

District Court Prosecutors: C 4 C 5

4226

1549

District Court Control: 8

Regional Court Prosecutors: D 1 D 2

78274

Regional Court Prosecutor: Organised Crime 6

Regional Court Control: 1

Maintenance Prosecutors 10

Relief Prosecutor 1

Court Preparation Officials: 36 38

Supervisor: Court Preparation Officials 1 2

Senior Public Prosecutors: Organised Crime 10 2

Senior Public Prosecutors: General 9 5

Aspirant Prosecutor Programme: Tutors 5

Aspirant Prosecutors 50

Senior State Advocates: Organised Crime 17 27

Senior State Advocates: Specialist Tax Units 27

State Advocate: Organised Crime 17

State Advocate: Specialist Tax Unit 9

Deputy Director of Public Prosecutions 6

Administrative Support 72

Part 4: ChallengesPart 4: Challenges

High level of crime: especially violent crime (all categories) and gender based violence.

Strategic and Operational alignment with priorities of partners + key stakeholders (both internal as well as external).

Delays caused by partners, stakeholders and service providers.

Lack of sufficient Legal Aid practitioners.

Lack of skills and experience amongst stakeholders and partners (e.g. investigation).

Delays caused by minimum sentences process.

Part 4: Challenges, Part 4: Challenges, continuedcontinued

Accused absent in court (bail/warnings).

Lack of confidence in the CJS resulting in complainants and witnesses not coming to court.

Number of young offenders in custody and/or awaiting trial.

The development of new crime types poses challenge for the NPS to respond timely e.g. trafficking in persons, cyber crime etc.

The NPS being able to deal with the increased demand for services brought about by 2010.

Restructuring of key partners and stakeholders that impact on the NPS.

Part 5: Resolutions:Part 5: Resolutions:

Develop, mentor and enhance skills of all NPA members without favour to create equal opportunities and exposure for all staff.

Vigorously implement the NPS Annual Plan and the Regional Plans of the divisions in line with the NPA strategy 2020.

Fulfil core function: Prosecuting and leading by example.

Racism should not be tolerated, and take allegations of racism seriously.

Promote non-racialism in the NPA and ensure all employment practices in accordance with the Constitution and labour and equality legislation of South Africa.

Unifying services offered by NPA to provide recipients of NPA services with consistency and quality and ensure good governance in the organization.

Part 5: Part 5: Resolutions continued:Resolutions continued:

Find innovative solutions with our communities and partners, to make an impact in the war against crime;

Marshal our people and resources to ensure that we combat crime, efficiently and effectively;

Ensure our efforts reduce incidents of crime remains our first priority; and

Ensure continued development of our skills knowledge to empower ourselves to deal effectively with the prosecution of crime - particularly organised crime.

Commit ourselves to enhance our leadership capabilities;

Participate in the self assessment and peer assessment program of the NPA;

Identify the gaps in our own leadership abilities;

Commit ourselves to grow as leaders and maintain the confidence and trust of our staff.

Questions ?Questions ?

nps report to portfolio committee – may 2007 presented by: deputy national director of public...

Documents

lower courts

high courts

courtsperformance indicators

district courts

regional courts

overview of performance

finalization rate fr

lower court prosecutors