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    NPA Strategy Plan 2020 - 2025

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    Sizwe

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    NPA Strategic Plan 2020 - 2025 ‘TABLE OF CONTENT Foreword by the National Director of Public Prosecutions . 4 [Accounting Officer's Statement (a8 per delegated authority) 7 List of abbrovintions/ronyms o 10 2 sn AA 2A. Legislative Mandate 7 Ak 7. Values Measuring Impact Explanation of Plianed Performance over the Five 11. Koy Risks. 42, Public Ents Links to other Plans 42.4 Links to the Long-Term Infrastructure and other Capital Pans. St 42.2. Conditional Granta 12.3, Public Entities 12.4, Publie-Private Partnership - Past D: Technical Indieator Descriptions (TID) Table of Tables Table 1: Consolidated government fal framework 2s ‘able 2: Bacgt ve Projemed Bxpenstore for 2019/30. Table 4: Measuring outcomes 42 ‘Teble &: Explonaton of Panne eitrmance over the Five-Year Pahang Reid "cs 43 “able 6: fudge soca or the NPA per Sub-programme over the Medhumn-Ter ‘expanditre Framework peed i . Table of Figuros Figure 1: 2018/19 Struct! Distbution of SAPS Crime Stasis Figure 2: 2018/19 Strotura Distribution of Crime Catogore= Flute 3: South Ase’ coupon perceptions Index sere Figure 4: Number of corruption incents Figure 5: Structure ofthe tPA Foreword by the Natioral Director of Public Prosecutions. “Toe peop of South Attca continue to suffer intlerabe levels of violence and crime, and harsh soco-econonie contions and cisproportonate inequality are the dally- lived reals of orcinary South Aicans, Corution has reached endemic proportions; revelations about ‘sla capture" impleating state officials, including in the erminal justioe eyetem (CJS), and the private sector, lay bare the gravity ofthe situation. Stat Inettations, nctucing the National Prosecuting Authority (NPA), have bsen weakened: there i low pubic confidence in government enttiss, and a loss of trust in the NPA, an the crminal justice system as a whole. Given the huge challenges facing our country, attaining our governments long-term \ision 2030 for ak peopeto feel safe and sacure, and ultimately ive better ves, a8 set ‘ut in the National Development Plan (NDP), seems impossible: and so does achieving the vision of the NPA, “Justice In our society so that people can ve in ‘freedom and security “Tis cise, however, presents unique opportunites for significant change. i creates the urgency to eam kote past, and seek progressive and innovative solutions. The President himset set the tone fortis bold brand of change when he established an independent pane! te ackiae him onthe appointment ofthe National Director of Pubic ‘Prosecutions (NDPP) in October 2018. This transparent and deiberatve appointment process underscores the Constitutional Court's pronouncement en the office of the NOPP, and its importance tothe administration of justice and the independence of the NPA, This should serve as an important example for future appointments of pubic offeials entrusted with ensuring the safety and development of our county, “This 5 year Strategy, Is underpinned by four Key pillars: Independence, Professional, Aneauablty and Credit. In this Stateoe peri, ebuldina and strengtnening the NPA and storing public confidence ard tut in the NPA, wile a central focus. In cur Censttullonal framework, prosecutors play a central role inthe rachinety of riminal justice, and in maintaining a cv cuiture of integrity and respect for the rue of law. AS prosecutors, we must actin a manner that demonstrates our Independence fram any form of extemal interference or influence, and is reflective of the highest standards olintgty, We comet to strong governance structures that wil ‘withstand Interference of any Kind, and to promoting @ culture of integrity and ‘excalenee throughout he institution. Inthe furtherance of his, we wil ia consuitaton with the honourable Minister of Justice and Correctional Services, Mr Ronald Lamola, establish a Complaints and Ethics mechanism, which i provided for in the NPA Act. This accountabilty structure wll ‘enable veins and menbers of tbe publ to report complaints relating to the NPA, including allegations of nproper conduc by staf. This new structure wll report rectly tothe NDPP, andvil support the Pubic Sectr Inti Management Framework. Our Interna polices and procedures wil no be tolerant ofror-cempliance wih our integrity standards “The NPA willbe revtalisad ane rebullto serve vets and survivors of crime, andthe ‘South Afican publi mare broadly, professionally and with humity. We wal contribute towards enhancing access to justice, especialy to those from vulnerable and marginalised communites, vith 9 bias for the poor. We recognise and recommit ourselves tothe constitional promise that all South Aficans havea righ to fel safe and secure, that all deserve a prosecution service withthe eapacty and skis, and a criminal justice system, capable of delivering these resus. AS lawyers fo the people, we inthe NPA, adopt vetm-responsve approach. We pay a central role inthe CJS In upholding the rule of law and holding perpetrators accountable, while respecting fir tra ght, In order to ensure that Justice wins, that people feel safer, and that we ebuild our county, effective engagement and coordination wit our partners, particularly inthe CUS is erica, Within the Justice, Crime Prevention and Security (CPS) Custer, we are al duty bound fo make bold and innovative efforts to eninance ts eficieny, to cffectvely adress the inacceptably high levels of serous and vclent crim, intusing ‘sexual and gender based crimes and earaus economic crimes, in particular coruption Great strategies are meaningless if thre is no proper monitoring ofimplementation. cannot be business as usval at tis level, we need to hold each other accountable. \We wilinprove coordination wth ou partners nationally and provincial, an consider novel polcies (in particular in the lawer courts) in our effets to achieve postive ‘outcomes ofa reduction in crime, and increased feelings of sel. “The NPA commits to previde leadership inthe ight against corupton, not oni in terms of prosecutions, but algo in ensuring that we recover the proceeds of crimes. This is key to restoring confidence in the rule of law and rebulling our county. The ‘establishment of the Imestgating Directorate within the NPA by the President, o deat with serious, complex an high pofle coupon and related cases, is a recognition at the highest levels that he exceptional challenges of state capture and corruption, require thal extraordinary measures be taken. “The NPA's journey to become courageous, problem solving and forward-looking inetttion, with the ably to address the serous challenges facing our county. wil ‘continue with determination inthis period. Innovation, cecication, perseverance and professionalism wil define our thoughts and actions, as we strengthen our capacty to defver on ou core mandate, and implement new and novel interventions to enhance the effectiveness and eliclency of the NPA, while keoping pace with, and drawing Inpiration from infernatenal good practices in prosecutions. To this end the newly created Innovation and 2oley Support Office inthe Office of the NDP, stafed with external and internal reseurces, bring a much-needed capacity in the NPA, torespond ‘dynamical to both the strategic and intractable operational challenges facing the organisation ‘We wil also engage corstrctvely with pariament, cil ecity, the legal community, business, ternational cxganisaons and counterparts, and other relevant stakeholders, o deliver ustice tothe people of South Africa, “The challenges we face asa county are immense; but challenges have always existed and they wil continua ts doo: its in the mesting ofthese challenges that we will tashion ourselves a8 a ration "We therefore pledge our commitment to this srategy and its implementation, 36 we pledge our commitmentto serve only the Constitution, and ie people of South Aiea, ‘Adv. Shamila Batohi National Director of Public Prosecutions: Republic of South Africa ‘Accounting Officer's Statement! (as por delogated authority) ‘This National Prosecuting Autheriy’ Strategic Plan for 2020-2025 seeks to realise the long-term vision ofensurng thal people ving in South ica are and foe! ste by 2020, ‘This ambitious yet important vision of government can only be realised through fective and efficient colaberation wth stakeholders within the ciminaljustice system and communties at arge ‘The development of is strategy marks a significant me In the history ofthe National Prosecuting Authorty a8 twas prepared under the stewardship of the frst woman to serve as Natonal Decor of Pube Prosecutions (NDPP), Adv. Shaila Bato, We remain commits to supporting the NOPP as she chamions a new path which seeks to rebuild a rusted and effective NPA that pursues Justice for all and becomes an Employer of Croice. In the next 5 years, ourabjective ist oer the much needed suppet tothe vision of the NDPP and the prosecution community at large inorder to ensure the attainment of set outcomes and outpuls a6 ariculate in the Strategic Plan 2020-2025 and the ‘Annual Performance Plan of the NPA, This wll not be an easy task considering the historical challanges faced by the NPA, which we are now working to adress. Iti, however, quite remarkable that despite the dius of unstable leadership, high staf vacancy rates, irsufficient budget allocations and many others, tne NPA ‘continued to deliver high performance figures al various cours incusing specialised ‘courts. Th cre for his, and our great appreciation, should go to our remaining and committed staff who have shown reiience and tenacity in pursuing justice fer the victims of ime 9 South Afi “This Ctrategle Man 2030 2026 pootione the oxganleaion on a frm path of ensuring that teers on ts outcomes, Accordingly, the NPA has ientifeda numberof pity {focus areas, which wil ve our eflots to achieve high perfomance and impacttul prosecutions: “+ Restoration ofthe NPA creblty an public accountabily ‘+ Seting up ofthe Office of Complaints and Ethios + Reduction ofthe high staf vacancy rat, particularly relating to prosecutors ‘Expansion ofthe use of eigiisation and information tectnology + Capacitaton andacceleration of the Investigating Ditectoate's work + Relnwigoration ofthe asprant prosecutor's programme + Professional development and training ‘+ Establahment ofa Strategic Iovation and Support capacy in the Office of the National Dirtor “plementation cf @ community prosecution model “This Strategie Plan 202¢-2025 was developed in accordance with the Department of Planning, Monitoring and Evaluations revised Framework for Strategie and Annual Performance Plans | hereby acknowledge the NPA's commitment fo the implementation ofthe Strategic Phan, ty ‘Ady. Karen van Rensburg ‘Acting Head of Administration Official sign-off Its hereby certifed that his Strategic Pian + Was developed ay the management of the NPA and is supported by the Minister of Justice and Correctional Services + Takes into account the mandate of the NPA, the Regulatory framework, including aplicaba legilation, in particular the Constitution and the National Prosecuting Autharty Act, Act No, 32 of 1998, a¢ amended, relevant strategies and patcies + Accurately refleds the Impact, cutcomes and outputs which the NPA wit endeavour to actiove over the period 2020 - 2025, \ Xe Me ana van 2 tothe Chiat Director Financit Management HPA (Acting) yy) Date 2A \Sk20z0 Ms. Marthi Alberts AN Albeds Chit ctor tata anguent NPA Ati oat: 31 )= J2020 - ‘Adv, Karen van Rensburg Head of Administration: (Acting) WS WD Date! ‘Approved: ‘Adv. Shamila Batobi National Director of Public Proeecutione Date: List of abbroviations/acronyms, AU cas. DNDPP bosecd PP ENE iD ePS: Ter Tse Nop NDPP NeEEC NPA NPs ‘owP PEEC POCA Pew SAPS ‘SDP. ‘soca 88 STEEPLE Too ‘Asset Forfetwre Unit CCrminal Justice System DDepaty National Dvector of Pubic Prosecutions Department of Justice and Constitutional Development Dectorof Public Prosecutions Estimates of National Expenditure Investigating Directorate Liste, Crime Prevention and Securly Cluster Medium Term Expenditure Framework Medium Term Strategic Framework National Development Pian ‘National Director of Public Prosecutions [Nationa ffcency Enhancement Commitlee National Prosecuting Authoity [Nitional Prosecutions Service ‘Ofc for Winess Protection Provincial Efficiency Enhancement Committees Prevention of Organised Crime Act Porty Crimes Ligation Unit ‘South Afican Police Service ‘Special Director of Public Prosecutions Sowial Offences ard Community ars Support Services Sacial, Technological, Economic, Ethical, Political, Legal and Environmental Truthzela Care Centre Part A: Our Mandate 4. Constitutional Vandate ‘The National Prosecuting Authory (NPA) derives its mandate from section 179 of the Consttion, Section 179(2) expressly empowers the NPA to insite criminal proceedings on behatf of the state and to cary out any necessary furetions inederal thereto, Furthermore, section 179(4) requites thatthe NPA ‘must exercise its unctons without fear, favour or prejudice [As head of the NPA, the National Diector of Public Prosecutions (NDPP) is responsible for ensuring delvery on the NPAs concttutional obtigations, together withthe Deputy National Diacors of Publ Prosecutions (ONDPPs), the Directors of Pubic Prosecutions (OPPs), as the NPA heads a various seats ofthe High cout, the Investigating Diectr, and the Special Directors of Public Prosecutions (SOPPs), In terms of seston 170(5) ofthe Consttution, the NOPP ‘must determine presecution policy and issue policy direcives that must be ‘observed In the prosecution pracess. The prosecution policy and any ‘amendments thereto must be determined, with the concurrence ofthe Mii responeite fo He administration of justice, ater consuitation withthe DPPs. Furthermore, in terms of section 179(6) of the Gensttuon, the Minister exercises final responsibilty aver the NPA and may request reports fom the INOPP regardingthe functioning of the NPA 2, Legislative and Policy Mandates 24. Legislative Mandate ‘The NPA, asthe sole enty responsible forthe institution of prosecutions on Dealt ofthe stl, is ely bound by various places oflegisition, Delow i a short dscussioncf the kay legislation that relates tothe actives ofthe NPA. National Prosecuting Authority Act, 1998 (Act No. 32 of 1998) (NPA Act) In terms of secon 20(1) of the NPA Ae, the power vests in the prosocuting autho to: (@) institute and conduet criminal proceedings on beta of the state; {() cary out any necessary functions incidental to instituting and conducting such efminal proceedings: and (6) discontinue ciminal procoesings. ‘National Director of Public Prosecutions ‘Seaton 5(2) ofthe NPA Act establishes the Office of the National Director of Public Prosecutions, with the NDPP as the head ofthe Ofice and controling the Offce ae wellas the DNDPPs and Special Directors, other members ofthe ‘prosecuting autho appointed ater assigned to the Ofce, and members of ‘the administrative staff ofthe Office Deputy National Directors of Public Prosecutions Interms of section 11 of the NPA Act, the President may, after consultation with the Minster and the NDPP, appoint not more than four persons as DNDPPs. A ONDPP has the powers set out in section 20(1) of the NPA Act. “The DNDPPe’ powers and functions are exercised subject to the contro! and dliection of the NDP, who may also sssign carta spec functions to @ [DNDPP. The NPA Act allows forthe appointment of Special Directors of Pubic Prosecutions (SDPPs) to deal ith special focus areas Directors of Public Prosecutions Under section 13(1) of he NPA Act, the President may, after consuation with the Minister andthe NOPP, also appoint OPPs as heads ofthe prosecuting ‘authoty tthe espectve seals of eat high court in South Aca (hich are ‘established by section 6(1) of the NPA Act). A DPP appointed in terms of section £3(1)(a)f the NPA Act has cxginal prosecutor powers in respect of any offence conmitted in his or her area of Jurisdiction except for specific ‘offences expressly excluded from his or her json. Special Directors of Public Prosecutions |A SDP may be appointed in the office ofthe NDPP, in terms of section 418(1X6) ofthe NPA At. to exercise certan powers, carry out certain dts and perform certain unctions conferred or imposed on or assigned to him or her by the President by proclamation inthe Government Gazette, The SDPP also has ‘orginal prosecuorial powers in respect of those specie fences identified in his or her Prosiental Proclamation in any area of Jurisicion, but subject to such powers beng exercised in consultation with the OPP of the area of jurisdiction concemed, Deputy Directors of Publle Prosecutions ‘A Deputy Directer of Public Prosecutions (ODPP) appointed by the Minister under section 15(1) ofthe NPA Act also has orignal prosecutorial powers in the area of jusdction for which he or she is appointed, However, DDPPe must exercise such powers subject to the control and iecton of the EPP concerned, and in respect of such offences and in such courts as he or che has been authorised in witing by the NOPP or a person dosignated by the NDPP. Prosecutors: Prosecutors are appoinied in tems of section 16(1) of the NPA Ack A prosecutor may be appointed to the office ofthe NOPP, the office of a DPP, ‘any Investigative Diectrate, or any lower cout in South Africa. A prosecutor shall be competent o exercise any ofthe powers contemplatedin sation 20(1) of the NPA Act, o the extent that he or she has been authorised thereto in \witing by the NEP or by a person designated by the NOPP. Investigating Director “The Investigating Dcector is appointed under section 13 (1) (b) asthe head of the Investigating Directorate (ID), established in accordance wth Section 7(1) ofthe NPA Act, performs the powers, utes and functions ofthe ID subject to the contol and directions of the NDPP. The ID wil ident pronty cases to Investigate and prosecute and recover assats Identified as the proceeds of ‘compton. Criminal Procosure Act, 1977 (Act No. $1 of 1977) “The Criminal Precedure Act regulates matter relating to criminal proceedings Ina court of awand contains various provisions relating tothe powers, duties ‘and functions of membere of the prosecuting authorty. These Include provisions relating fo the power to withdraw a charge and stop prosecution, the attendance of wiesses in cour, te issuing of summonses, admission of uit, ball the release of an accused person, summary tials, the charge, the plea, jurisdiction ial before alferent cours, conduct of proceedings, Wwinesses, evidewce, competent verdicts, previous convictions, sentence, reviews and appeals, and compensation. Criminal Law (Sexual Offences and Related Matters) Act, 2007 (Act No. 32 ‘0 2007) (Sexual Offences Act) “The Criminal Law Sexual Offences and Related Matters} Act (Sexual Offences ‘Act comprehensvely and extensively amends all aspects and implementation ‘of the laws relating to sexual offences, desing wih all legal aspecs of, or relating to, sexu ofences ina single stale, The Sexual Offence At, inter alia, repeals varus common law offences and replaces them wit statutory offences that av gender neutral and applicable to all forms of sexial penetration and sexual volaton commited without consent. also crestas new ‘atfences for corain compelled acts of penetration oF Volation, as well as ‘enacting comprshensive provisions for new or amended offences against chicren and persons who are mentally disabed. Child Justice Aet, 2008 (Act No. 75 of 2008) “The Chile Justice Act establishes a chid justice system for chien in conct vith the la. This Act seeks to ensure that mates related to chil justice ae managed in arignts-based manner; I assists chidren suspected of commiting crime to become productive members of society by engaging with the chi in restorative justice processes, diversions and other alterative options, Implementation ofthe Rome Statute of the Intrnational Criminal Court ‘Act, 2002 (Act No. 27 of 2002) ‘The Prorty Crimes Ligation Unit (PCLU), stuated nine Utes of me NOPP, Is mandated to manage and direct the investigalion and prosecution oft crimes of genoctl, crimes against humanity and ar cimes, as contemplated in the International Criminal Court Act, This Act makes. provision for ‘extraterorial application inthe Implementation thereof in certain circumstances. 16 Prevention and Combating of Corrupt Activites Act, 2008 (Act No. 12 of 2008) [Much of Sout Aticas ant-comupton legislation was consolidated in this Act, “The Ac providesfor, nfr af, the strengthening of measures to prevent and combat corruption and corp actus, the offence of coupon and offences relating to coruptactvtes, investigative measures in respect of coruption and related certupt adie, the establishment and endorsement of 2 register in order fo place cartain retitons on parsons and enterprises convicted of corrupt aces relating to tenders and contract, to pace a duly on ceisin persons holding 2 poston of authority o report certain corupt transactions, ‘and exraterrtorl jrscicton in respect of the offence of corustion and ‘offences relatingto corrupt activites. Prevention of Organised Crime Act, 1996 (Act No. 121 of 1998) ‘The Prevention of Organised Crime Act (POCA) provides measures for law ceniorcement agencies and the NPA to combat organised crime and money laundering. The primary feature ofthe POCA is to provide forthe recovery of the proceeds of unlawful activiy. Chapter 5 provides for the freezing and ‘confiscation of the value of benefit derived from crime in cases where the accused fs convicted of an offence. Chapter 8 focuses on property that has ‘been usedeitherte commitan fence or hat constitutes the proceeds of crime ‘provides for the freezing and forfeiture of proceeds and intumentaltis of ime though a process that isnot dependent on a prosecution, In ation, section 71 of the POCA empowers the NDPP to request information from ‘government departments and statutory bodies in respect of investigations relevant tothe POCA without having 1o issue subpoenss. Provention and Combating of Trafficking in Persons Act, 2013 (Act No. 7 f2013) “The Prevention and Combating of Tracking in Persons Act gives effect to ‘South Affica's digations concoming the tacking of persons in terms of Intemational ageements. The Act provides for an ctfonce of traficking in persone, pera that may be imposed in reepect of such offences, measures to protect vets, as wel as the prevention and combating of the tracking in persons within et across the borders of South Alica 1s 22 Protection of Constitutional Democracy against Terrorist and Related ‘Activities Act, 2004 (Act No. 33 of 2004) “The PCLU is mandated ta manage and liect the vestigation and prosecution ‘of terrorism, terrer financing and related offences as contemplated inthis Act. “This Act also makes provision for extratertoral jurisdiction in respect of speci offences as contemplated inthe Act Witness Protecton Act, 1988 (Act No. 112 of 1998) ‘The Office or Winess Protection (OWP) is established in terms of this Act and provides @ supgort service to the exiinal justice system and judicial proceedings. The Act provides for temporary protection pending Placement ‘under protection as well a= support and related services to vulnerable and intimidated witnesses and thelr related persons, thereby enabling such winesses to testify without intimidation, fear or danger. The OWP is testabianed in the Department of Justice and Constiutionsl Develonment (©os8CD), with the Director-General as the accounting officer, but is ‘administered by the NPA, The OWP is an independent covert office and alts functions are classified as secret so as to ensure the ntegnty ofthe programme and the safety of witnesses. Policy Mandates ‘The NPA ramaise committed to alts intomational obligations, inching the United Nation's Sustainable Development Goals. The Sustainable Development Goals aeek to end poverty and hunger in the world, combat inequalities in and ‘among counties, build peaceful, just and inclusive societies, protect human rights, promete gender equaty and the empowerment of women and gis, and ‘ensure the lasting protection ofthe planet and is natura resources, ‘Tne Atican Unon Agonda 2068 is the stratsic framework for the socio- ‘economic transformation of Aca over the next 50 year. National Development Plan 2030 ‘The National Cevelopment Plan (NDP) sets out 2 long-term vision for ‘goverment io ensure tat, by 2000, all people in South Afica should fee anc be safe. This vision can only be achieved i there is @ wel-funtioning CJS in which the pole, the judiciary, crrctional services andthe NPA work together to ensure that justice is served forthe victims of erine, The NOP provides the 6 aa. basis forthe Medum:- Tei Strategic Framework. The five-year implementation plan ofthe NDP wil be the foundation of the NPAs fve.year strategie plan ‘Medium-Term Strategie Framework “The Nedum-Tem Strategie Framework (MTSF) i the high-level strategic ‘document that guides the five-year implementation ofthe NDP ove that period and identifies the prioios to be undertaken. It sets targets for the limplementation af these priorities and interventions, stating the impact, ulcomes and seators 10 be mentored. It requires the Justice Crime Prevention and Security (JOPS) Cluster to focus mainy on interventions and ‘outcomes in Pity 6: Social Cohesion and Safe Communities, The two main themes for the JOPS MTSF are + addressing coupon an + reducing aime, “The JCPS MTSF identifies a numberof priory areas almed at adkressing and reducing crime, aly: reducing levels of fraud and coruption; strengthening border securty and improving the functioning of ports of entry; reducing organised crime, including adéressing gangs, drug syndicates, ilegal mining ‘and cable theft; reducing contact cies, parcularly against women and tire; creating the capacity te secure and defend cyberspace and adaress ‘yoereime: andenuring the social reintagration of offenders. Inatitutional Poticios and Strategies over the Five-Year Planning Period Institutional Policies ‘The Constitution provides forthe determination ofa prosecution policy that must bbe observed inthe prosecution process. This policy was determined with the ‘concurrence of the Minster, after consultation with the OPPs, and tabled in Patoment. This poy is @ puble dooument and cate out tho way In which the [NPA and individual prosecutors should exercise lscretion, contibuting tthe fair and ever-handed administration ofthe criminal aws. The NPA wil continue 10 implement tte policy in the next five years, subject to any revisions or amendments, a2, a) o) © @ ‘Strategies and Initiatives: Focus Areas In thie MTSF perod, the NPA has identifed proity focus areas that will rive ‘the institution towards achieving is vision. These include: Restoration of NPA credibility ‘Adressing the NPA's lea the NPA's reputation, Senior appointments willbe made early inthis strategic patios. Furthervore, enhanced transparency ane accountability is cricl fo aperatonalise the NPAV6 values in ship gaps is central to ensuring the restoration of cus on the qually of sence defvery, the daily practices and routines ofall ts employes, Measures vill bo putin place to inepre stato lve these values. Innovation and Policy Support Office {An Innovation and Policy Support capacty in the Office of the NOPP wl focus on longerterm aratage isues, trends and challenges facing the NPA, and serve a6 an innavation hub for new and creative solutions to intractable Inatittonalchalinges facing the NPA and the criminal justice system more broadly. Comprised of a smal, multiscipinary team of inlermal and external specialists, the Innovation and Policy Support Office fosters and supports strategic and operatonal innovations and policy reform throughout the NPA. Enhancement cf organisational capacity Bulking organisational capacty requires a dedicated focus on internal business processes and systems for efficient and effective service delivery. ‘Systems and precesses wil be reviewed to ensure operatonal effectiveness, ‘The NPA vill cotinue to advocate for sufficient funding to fl vacancies and have adequate structures and systems in place to full its constitutional ‘mandate, The NPA wil together withthe DoJ&CD and National Treasury (NT) ‘98 necessary, exeure that the management of donor funding inthe NPA is transparent andin ine with Treasury precerists. A structure wil be est up and procedures putn place to ensure that there is proper oversight ofthe donor funding, in adcfon addeess the issue of perceptions of attempls to unduly Influence the NPA. Strengthening organisational performance through skils development ‘The NPA's capacity to delver depends largely on is ability to develop and retain te talent pool of people, The NPA has various programmes aimed at developing its ant and bulding onthe curent camplement of tft skis, With the backlash of source conetaints and austerty measures denting these Inilatves, imovaton is required to develop skis, ‘mentoring and cereer pathing. There wil be a new strategic approach to take the NPA into a new era of professional development, emphasising the use of technology and experiential learning pecially in tho areas of (0) Promotion of sound workplace relations and employee wellbeing The welhbeing cf employees, the NPA's most valued resource, remains priery, especialy glven the harsh realities that many prosecutors are subjected to inthe courts while executing thelr des. t's on this basis that the implementation the welness programme —which Incudes emotional, mental ‘and physical wetbeing wil continue, (Strengthening NPA communications ‘The NPA wil develop @ new, holistic and proactive intemal and extemal ‘communications strategy. The revised NPA communications approach ‘adress proactve and responsive communications. with key audences. Interventions incude engagements with staff on a regular basis and regular staff surveys, as nella reviewing and updating communications infrastructure such as the NPA website and intranet. To bull public trust and erediity, ‘emphasi wilbe placed on NPA staff members facetoface engagements with iets of crime and members ofthe public (a) NPA complaints and ethies mechanism ‘The NPA's founding legislation provides for an intemal NPA complaints mechanism. Drawing on intematonal good practices vis vis prosecutorial ‘complaints mectanams and the Imperative that staff the NPA acere tothe highest standarse of ethical behaviour the NPA will establish such a mechanism, (b) NPA autonomy “To strengthen it constitutional mandate, the NPA wll take steps to become an independent enfty within the South African government, detaching ftom the DoJECD's administrative and budget processes. This involves a thorough analysis of the legal framework and propotals for amendments that vill be 1 necessary to giveaffectto this, key aspect ofthis work willbe assessing the financial and praical implications, and the management thereof () Community prosecutions Community. prosecution is @ sustainable problensolving approach to aditessing cime, where prosecutors work closely with communes, chil society rganisatons and government agencies to address some ofthe divers cof crime and discrder and devise community-orented interventions to resolve crime, Stimulating communty-based prosecution wil assist the NPA to realise Its desired outcome of achieving ‘improved access to NPA services for al! [Notwithstanding he NPA efor to suocesstuly prosecute arge numberof ‘cases, itis apparent that, on is on, te ractnal prosecution approach isnot sufficient 0 deter criminals rem commiting crime and improving public confidence inthe OS. 1) Implementation of the Electronic Case Management System “The Integrated Justice System project has largely failed to address the needs ‘ofthe CJS and requires proper governance structures 10 be put in place to ‘ensure ite sucesstul development and implementation across the GJS. “The NPA wil ensure thatthe Electronic Case Management System (ECMS), which Is the NPA part of the Integrated Justice System, is operational and ‘imal utlsed The ECMS eystem hasbeen rolled out inthe lower courts to ‘deal with frst appearance cases. Further modules dealing with decision dockets, chid justice matters, nar-polce matters, electronic investigating claries and case plans for complex cases are in the process of development. “The fous inthe lower cours wil include training prosecutors and addressing the operational challnges that impact the use ofthe electronic system; this will be dann together with the South Afican Police Service (SAPS) and the DoJECD, on whom the NPA depends for inegration. A criicalpieve ofthe CMS i the development of a data warenouse anc automated tool to & {acitate the analysis of the information 2s well as testing whether Is possible (prcof of concep? te access scanned aia from the SAPS data repostony® 2» Relevant Court Rulings “There were no court judgements inthe past nancial year that impact on the ‘work ofthe NPA. There ae a numberof older judgements that do impact on the NPA which have been rote. + In President ofthe Republie of South Africa and Another v Public Protector and Others ($5578/2019) [2020] ZAGPPHC 8 (10 MARCH, 2020), the Court reiterated that under section $2(1)() ofthe National Prosecuting Authoriy Act, he NPA enjoys prosecutorial independence and ne eran of stale, including the office ofthe Pubile Protector, may imoropet interfere with, hinder or obstruct the NPA in the exercise of its powers, dias and functions, The Court found that in ine with this prosecutaial independence, and in ight of he Public Protector Act and the NPA Act, the Pubic Protector has ne power to rect the NDPP to investiga any criminal offence and how to go about doing this. + In vNludlula 2019 (1) SACR 608 (ECG), the Court hele that the duty of the grosecutor was 10 seek justice and not to blindly and purposeletely plnder alter a conviction at al costs. Prosecutors were ‘expectedto safeguard the rights of accused persons and, as coon as reasonaby possible, csciose to them elevart prejudicial and benef informatin, in accordance wih the law and the requirements of 2 cansttatonaly fair al Part 8: Our Strategic Focus 5. Vision Juates in our society so that peopl can lve in freedom and security. 6, Mission Guided by the Consttution, we in the NPA, ensure justice forthe victims of crime by prosecuting without fear, favour or prejudice, and by working with our partners and the puolicto solve ard prevent crime. 1. Values Integrity which s dsplayed trough ethical conduct, high moral standards, honesty, moral princiles and values, zero tolerance for brebery or comuption, keeping promises truthfulness and being beyond reproach, ‘Accountability, wich is based on transparent actions and spending, regular ‘contac wth partners ard routine repestng. ‘Service excellence, which means providing frst cass customer service and comalyng with the tho Pole principe. Professionalism, which is evidenced by commiment, dedication, punctual, ‘competence and prcfessonal conduct in and out of court, Creaibiity, which is bil by behaving consistently and aiming to inspire beet and trust ‘The values are contextualsedin the NPA Code of Conduct 2 8. Updated Situational Analysis External Factors ‘The South Atfcan government has adopted an evidence-based approach to Inform bth poley development and programme planning, AS such, @ situational analeis is required on an annual basis to inform strategy development andor review the annual performance plans ofthe organisation. ‘There are severa methods af conducting a stuatonal analysis. The NPA has adopted mixed methods approach to data collection: iterature review of texlemal STEEPLE? factors; document review of goverment governance- related documens (c.g, SAPS Crime Statistics, Vieims of Crime Survey); and 1a review of NPA esearch deliverables produced throughout the year, such as the NPA Conference Report, NPA Staff Survey, Situational Analysis of Corruption in South Aca and ECMS Survey, ele. The mixed method aoprosch enables the NPAAto map out both the external and internal factors that are Ikely to influence the performance ofthe organisation as por the guidelines fromthe Department of Planning, Monitoring and Evaluation, These faciors are presented using 2 funnel approach, with an examination of the external mille {feeding ito @ discussion of te intemal environment ofthe NPA, Political Outloot and Overarching Government Policies In May 2019, South Attica had its sith general electon since the dawn of semocracy, marcing 2019 as a transitional year for medium-ierm strategic planning. ‘Aporaved in 2011 as the government’ 20-year pla, the NOP 2020 serves a ‘a long-term strateoe planning guide for al government agencies, including the NPA. Although 2 review of the NDP is underway, it i unlikely to deviate ‘mately from the current vorsion, Intelation to community safety, the NDP envisions a state were, *.-.ople living South Africa feo! safe and have no fear of ere. They feet safe at home, at schoo, al work and they enjoy an active community ite fee of fear Women can walk feel nthe streets and the children can play safely cutie. “The NOP posts hat to achieve this vision, 2 welunctoning GuS is required — ‘one where the pale, the prosecution the jucary and cortectonal services \work together to ensure that suspects are caught, prosecuted, conicted # foune guity and securely imprisoned. A certainty that this wil happen, is the most etfective deterrent io criminalty, and thus inspires public confidence. This requires a wel-fetoning CdS, which curently does not exist The entities in the CUS, including the SAPS and the NPA, have beon severely weakened in the past decade. ‘South Afica has a high level of gender-based violence. In response tothe demand made ty women under the umbrella of #TheTotalShutdowm, the President hosted a National Summit Against Gender-Based Violence in November 2018 The demand for the Summit was neceesitsted by “the ‘excessive scale of gender-based vielonce, including the killing and rape of women and chron and the ineffective court processes over the past years. “The Summit gave rise fo the folowing commitments, among others: | ‘Poitical and community leadership must support and champion the cause of ‘oradleating gender-based volenco and femicide; i Adequate resourcing of Thutuzela Care Contes, soxual offences cours and _heltrs that resrondto the needs o al people incuding people wih cisabities ‘and LEBTQIAY, ii A National Strategic Plan (NSP) on gender-based vislonce and fomicide is doveloped within six manths. The NSP shoul be resourced, implemented and ‘monitored and eraluated on a regular bass ‘i Eneure that allows and pals, programmes and interventions are adoqualely plamed, costed and resourced in ino with 9 genderresponsive planning, Budgetng and monitoring evaluation framework, across government; “rant Pog Sn relent Pn Ci 1 Bg Carmatn, Aces Fast rack the reviw of existing aus an policies on gender-based vieence fo ‘bo viein-controa ant onsure all over relevant laws respond to yendersbased violence Furthermore, in his address at the Joint Siting of Parllament nelé on 18 ‘September 2018, the President announced the finalisation of the National Strategie Plan, as well asthe Emergency Action Pian, which has the following objectives |. Preventing gender-based vielonce ‘Strengthening the CJS Reviewing and amending the legal and poioytramenork Iv, Ensuring adequate care, support and healing fr vitims of violence Improving the ecanomic power of women in Sout Aria” “The NPA wil playa significant ol in cantrbuting inthe implementation plans to achiove most, nota, of these objectives Impact of the Current Economie Outlook on Revenue Collection and Government Expenditure ‘South Afica has found tet in economic dficutes since 2008. The flowing ‘sums up the cutent state ofthe economy “roa gross domestic produet (GDP) per capita has declined since 2015 (SARB):productvty growth has heen slow and appears to be slowing (Kreuser ‘ard Newman 2618; Aero otal 2019); the unemployment rate has recentiy eon increasing from already high lovols (Statistics South Ace 20470) and ‘inequality remains very high (Wittonborg 2017).* tn aise ed 4 Praag 8 uP ramet Sh Faron acre th dt sn ety Capo Nd een ea ‘noontatcen schsae Oo 28 nn eo aS aA So 25 [Asa result of he staging economy, tax revenue was projected to fal short by R1S.4 bition in 2016119, R78 bllon in 201920 and R&.0 bilion in 2020/21.9 The revenue shortfall is made apparent in the widening gap between the colected revenue and ‘expenditure as reflected he table below" ‘The possible impact of further slow-down of the economy and increase in unemployment due to fhe COVID-18 shut down has not been measured or yet considered. Added to fie isthe unquantiied effect ofthe downgrade by Moody's ret rating agency of South African Government bonds te junk status on 27 Mach 2020, “Tablet: Consolidated government fiscal framework aoi7ne | 207ar@ | morwRe —‘[Ro2aret | 7024 Rbiliciyperceniags of | Outcome | Revieed Medium-tem estimates oP avenue T3535 18) Teaea] 18186 Exponattars ed Tass] isis] — 20800 Budget balance swos] —zoz[ eae] eae) eae} ures Naor Treasury 2018 “The table above shows hatin 2017/18, the goverment budget was inthe negative by £190. billion, The nagative budget balance increased to R210.2biion in 2018/19 ‘an is projected to erie over the medium term. According to the 2018 National ‘Budget Review, the government compensation bls the main diver ofthe fiscal deft, ‘accounting for about 35% ofthe consoliated pubic spending, puting pressure on ‘goods, services and captal investment." The view that compensation of government ‘employees isthe maln cause ofthe fiscal defiled othe introduction of measures to reduce compensation ssending, Ike a freeze on recutment since 2015 which had a ire impact onthe NPAcapacty and capability. This impacted both the vacancy rate and the budge for go0ce and services including skills development ‘rae an GH Btn 207 ane mi i Sumo 8 Sa 28 ‘tnt ery OO aoe 2 ee a issn 2somatet en ER Sp 7 em i ema, es er 26 ‘An Overviow of Crime Statistics “The CJS is under pressre to deal with tho high rate of crimes in the country. More than two milion crimes @ 013 271) were reperied to SAPS in 2018/19 as reflected in the graph betow" Figure 4: 201849 Structal Distibution of SAPS Crime Statistics 2018/19 Structural Distribution of SAPS Crime Statistles (otal: 2 013 2ny ‘sage ea? Conmey gored Seo rns = Talc eetdas ae Pe Aton Source: South Afican Poice Service ‘The majoity (83%) ae regarded as serious crimes reported by the public whereas only 17% of those were detected during police action. OF parbeular concem are the levels of violent eine, vith 617 210 contact cfmes recorded by SAPS in 2018/19 as ‘ofected in the graph bdow. Figure 2: 201849 Structral Distribution of Crime Categories 2019/19 Structural Dstebation of Crime Categories fom guz210 e009 HU saya ‘p00 2 ps i Beha: ‘ree “Gane attamosolee me Source: South Atican Pole Seroe ‘Since 2011/12, the number of murders has increased by 36.2% (21 022 incidents with an average of 58 murde's per day) attempted murder by 28.0% (18 980 incidents wih ‘an average of 52 attempted murders per day) and aggravated robberies by 20% (140, (2 incidents wih an average of 284 aggravated robbers par day). Interms of sexual » offences, the county hasseen a substantial increase in reported crimes, 46% up from the previous year, Sexud offences dotected as aresul of police acion has also seen big inereaee, up 19% - nating active policing in ths speci aes, Overall, contact, crime showed 0.2% inaease i the seven years since 2011/12 and a 2.0% increase in ene year (2017/8 to 2018/19) “The numberof reported property-rlated crimes have generaly decreases but remain _at ory high lvale. For example, cose ta ha 2 milion burglaries, vehicle thefts, thefts {om vehicles and stock thelt are reported annually. The property crime category identified by nouseholds as the most feared is housebreaking. In 2018/19, 220 865 such housebreaking inddents were reported to the police, nearly @ 2% increase compared to the previous ye However, the National Veims of Crime Survey undertaken annualy by Statistics ‘South Aficaindleste that underreporting rates are particularly high for crimes such ‘as housebreaking, with £2% of households not reporting any of thei house Breakin tothe police.” Past vctn surveys show that one ofthe main reasons for rot repeting isthe perception that thepalice cannot or will ot deal wth their cases. Reporting rates ate dependent on satistiction levels wih the police and the courts. Iti important to note that the number of South ican households saisted with the courts has dropoed bby 22.0% over the past four years, from 63.9% in 2013/14 to 41.1% in 2017/18. safistacton levels inoresse, 0 toe wil reporting levels, placing an adaltonal burden ontte C35, Corruption in South Aiea “The level of coruptionin South Aca is unacceptably high in both the public anc private sectors, as evidenced by the Transparency Intemational Corruption Perception Index and ther eorrupin-elated surveys According to Transparency Intemational, {Sas 1 Sos AG ty Suny, CSO PN ee Ce Atm apanen sen less PN 2. te Tansey reed Gowen ecg fers cue tts ro ‘rete pec 8 Gr Asim stk note pot rea 28 South Africa has been stuggling to surpass a score of 50 on a scale of 0 (highly corrupt) to 100 (very cles) since 2007, as reflected by the graph below'* Figure 3: South Africa's corruption perceptions index score ‘South Altica’s Corruption Perceptions Index Score (2007-2018) > gg er Ht ‘Source: Transparency lntenaonl Coupon Percepons Indexes, 2007-2018 ‘Since its incoption in 2012, the Comuption Watch has registered 24 602 whistle- blower reports. Figure 4: Number of cotrpton incidents Number of corruption incidents in 2017/18 ssno00 ses vacee " Sam ons owns ashe row mune Source: Stats SA Ves of Crime Survey, 201718, ‘According W Ure yap above, the Statistics Gotth Ace Vieime of Grime Survey, 2017/18 found that the individual experience of comupion decined steadily from 63 ‘437 in 2014/15 fo 37 778 n 2016/17 and thon sharply increasedito 134 442 in 2017/16, “The survey could nol explain the reasons for this dramatic increase “vamp na 5H Sangh Popo na 8 kant pc og ‘onoon inh 21 nee 28 nese: Mb na ‘st 0 8 ena sce nai OL ‘The prevalence of camipion in South Affi is also evidenced by a number of investigations and inquires ino the allogations of corruption relates activities, which include, the flowing: ‘The Zonde Commission of Inquy into Allegations of State Capture, Compton ‘and Fraud inthe Public Sector including Organs of State; “+The Nugent Commision of inquty into Tax Adminstration and Govemance by the South Aican Revenue Senice (SARS)

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