Title: NSSD:%20REPORT%20To%20Portfolio%20Committee:%20By%20%20Dr%20Silas%20Ramaite%20SC
1 NSSD REPORT To Portfolio Committee By Dr
Silas Ramaite SC
- SCCU ADV SC JORDAAN SC
- WPU D ADAM
- SOCA ADV T MAJOKWENI
- PCLU ADV AR ACKERMANN SC
8 MARCH 2006
2SPECIALISED COMMERCIAL CRIME UNIT
ADV CHRIS JORDAAN SC HEAD SCCU
3INTRODUCTION
- The SCCU has again exceeded all expectations
in the area of service delivery. - The Main Area of activity has been the
Investigation and Prosecution of Complex
Commercial crime.
4PART I Performance Against Targets 1/4/04
31/03/05
- Transformation and Developing Skilled Staff
31 MARCH 2004 31 MARCH 2004 31 MARCH 2005 31 MARCH 2005 31 December 2005 31 December 2005
BLACK FEMALES 23.08 48.72 24.29 60 26.25 62.5
BLACK MALES 25.64 48.72 35.71 60 36.25 62.5
WHITE FEMALES 28.20 51.28 17.14 40 20 37.5
WHITE MALES 23.08 51.28 22.86 40 17.5 37.5
5Continued
- Ensuring speedy and effective prosecutions,
linked to properly co-ordinated managed
investigations and prosecutions - Total Average Court Hours - 4hours 41 minutes
(Target 4h 19 minutes per day) - Target exceeded
by 8.82 - 90 Section 105A agreements successfully concluded
- Turnaround times (registration to finalisation
122,6 days per case - Case load per prosecutor 62.16 (Target Not more
than 50 cases per prosecutor) - Workflow Production
03/04 04/05
Cases Finalised 1357 1772
Convictions 491 653
Conviction Rate 94,97 94,78
6Continued
- INCREASED ACCESS
- SCCU active in 4 regions Pta, Jhb, Durban and
PE. - Durban commenced 14/8/04 PE 19/07/04.
- Planning for the roll out to Cape Town and
Bloemfontein commenced. - Prosecution of RAF cases is a project undertaken
by the SCCU. Two additional prosecutors were
appointed in Durban and PE. - Other SAPS commercial branches also ad hoc
assisted on request.
7Progress Report Current Financial Year
- Court Utilization (Court Hours)
- Target 4,31 hours per day (4 h 19 min per day)
- Current output Average 4,88 hours per day
(4h53min per day) (Target exceeded by 13,22)
(04/05 4h41min) - Pretoria Average 5h42 per day
- Johannesburg Average 4h35 per day
- Durban Average 4h06 per day
- Port Elizabeth Average 4h44 per day
8Progress Report Current Financial Year
- Workflow and Production
- Case Load per prosecutor in the different
centres as at 31 December 2005 61.2
cases per prosecutor (1.54 improvement on
previous year) - Target Not more than 50
- Turn Around Times (from date enrolled to date
finalised) 165.24 days per case - Target 75-100 of previous year (Base line
for previous year 177 days per case)
9Progress Report Current Financial
Combined Workflow SCCU 2004/2005 1 April 2005 31 Dec 2005
Total
New dockets registered 3077 2106
Cases enrolled for trial 935 883
Acquittals 36 42
Convictions 653 708
Sentences 635 680
Conviction rate 94.78 94.4
Cases withdrawn 213 214
Cases closed (Nolle Prosequi) 888 809
Outstanding cases on court roll 843 927
10Progress Report Current Financial Year
- High Profile Cases
- In many cases, the accused were sentenced to
periods of imprisonment ranging from 12 to 23
years effective imprisonment. - Several high profile cases are being
investigated or are pending on the court rolls,
including prosecutions of members of the DSO,
high ranking police officials and other civil
servants as well as well known businessmen.
11Progress Report Current Financial Year
FOUR of the above cases should be mentioned A
R21.5m investment scheme, State v Procopos in
which an agreement in terms of section 105A of
Act 51 of 1977 was reached and the accused
sentenced to 12years imprisonment. A case
expected to set legal precedent is State v
Kalmeyer an international kidney trafficking
scam, enrolled at the SCCU Durban. Donors from
Brazil were recruited by a syndicate to supply
kidneys for rich Israeli patients. State v
Porrit has been described as one of the most
sophisticated investment scams yet. The 1400 page
indictment proffers 3160 counts ranging from
fraud, racketeering and other statutory
offences. State v Ghavalas in which the accused
is charged with pension fund fraud involving
R400m. The matter is still under investigation.
12Challenges Priorities- 06/07
- Assisting in finalising the JE process and
having all SCCU officials on the correct levels. - Further increasing access to SCCU services,
including finalisation of the rollout to Cape
Town and Bloemfontein. - Preparation for 2010
- Measuring employee and customer satisfaction
- Leveraging of stakeholder assistance
- Increase service delivery to customers
- Pro actively contributing to prevention of
commercial crime (some projects are under way
with the assistance of SABRIC) - Enhancing IT usage and support through
upgrading, training and moving toward virtual
courts, with as a first priority video
conferencing facilities. -
13WITNESS PROTECTION UNIT
DAWOOD ADAM HEAD WPU
14SUMMARY OF PERFOMANCE AGAINST PRIORITIES
TARGETS 2004-2005
- Nationally Enhanced Confidence in WPU,
Increased Demand Services Acclaimed. - Internationally Enhanced Confidence in RSA
WPU Acclaimed. - NO witnesses or related persons Threatened,
Harmed or Assassinated since December 2000 (4
years). - Reduction in number of Grievances Dropped
from 90 in 2001/2002 to 3 in 2004/2005. - Reduction in number of Voluntary Walk
Offs from Programme Dropped from 40 2001/2002
to 6 in 2004/2005.
15SUMMARY OF PERFOMANCE AGAINST PRIORITIES
TARGETS 2004-2005
- Reduce Cycle Time stay on programme, Dropped
from 4 years in 2001/2002 to 2.5 years in
2004/2005. - Set World Standards Acclaimed as Leader
in Field of Witness Protection. - Clean Bill of Health from Auditor General
2001/2002 to 2004/2005 (3 years in row) in
respect of Units Administration, Operations and
Financial Management. - Developed Specialized Internationally Acclaimed
Operating Model to achieve mandate of Act,
Objectives and key K.P.I and ensure excellence
in Serivce Delivery. -
-
16SUMMARY OF PERFOMANCE AGAINST PRIORITIES
TARGETS 2004-2005
- Developed Specialized Operational Training
Course against SAQA and B. Teck standards Close
Protection of Persons to Achieve Key K.P.I (No
Threats/ Harm or Assassinations) - Designed, Own Capacity Model and Lobbied
Suppot for Phasing in Own Capacity for Unit. The
Model is an International Best Practice due to
Inherent Nature of Witness Protection, Critical
for WPU - Value for Money Enhance Investigtions and
Prosecutions. - JAIL TERMS 3 227 years
- LIFE SENTENCE 159
17PROGRESS MADE ON PERFORMANCE AGAINST PRIORITIES
AND TARGETS FOR 2005 2006
- Nationally, Sustained Confidence in WPU,
Increase Demand for Unit Service, Achievements - Total Number of Witnesses and Related
Persons on Programme as at 31/1/06 - 431.
Witnesses 206 Related Persons 225. 70 section
204 witness. - Favourable Reports from Customers, Partners
and Stakeholders. - International, Achievement, Increased
Confidence in RSA WPU, resulting in increased
demand for RSA WPU Best Practices and its
services / co- operation.
18PROGRESS MADE ON PERFORMANCE AGAINST PRIORITIES
AND TARGETS FOR 2005 2006
- No Witness or Related Persons Harmed or
Assassinated since December 2000 5 years.
One Threat, a section 204 witness child (Child
Kidnapped). - Reduction in number of Grievance, dropped
from 90 2001 / 2002 to 1 in 2005 / 2006. - Favorable Report, Feb 2006 from Public
Protector all complaints / grievances, finding
Unsubstantiated. - Reduction in number of Voluntary Walk Offs
from programme dropped from 6 in 2004 / 2005
to 5 in 2005 / 2006.
19PROGRESS MADE ON PERFORMANCE AGAINST PRIORITIES
AND TARGETS FOR 2005 2006
- Cycle Time stay on programme, average time
remained constant, 2.5 years, dispite sustained
Fast Tracking initiatives of WPU cases. - Setting World Standard Achievement
Internationally acclaimed as Leader in Field of
Witness Protection. - Specialized Operating Model developed and
60 Implemented. - Challenge Budget Constraints. Operating
Model Ensures 24 hours a day 7 days a Week
Operations, Remove Witness from Danger Area
Within 1 hour.
20PROGRESS MADE ON PERFORMANCE AGAINST PRIORITIES
AND TARGETS FOR 2005 2006
- 38 WPU Staff Achieved B. Tech Specialise
OPS Training. (Majority of SAPS members) 31 to
complete Outstanding Modules Training
Suspended for 2005 2006, Budget Containtment.
- Phasing in Own Capacity through Absorbing
existing 85 SAPS members Attached to WPU,
CRITICAL CHALLENGE. - Lack of Own Capacity Impacts on
implementation of Section 6 of the Act. - Public Protectors Report of Feb 2006 Own
Capacity identified as a Priority for WPU.
21PROGRESS MADE ON PERFORMANCE AGAINST PRIORITIES
AND TARGETS FOR 2005 2006
- Value for Money Enhance Investigations and
Prosecutions Co-Ordinated Law Enforcement
acheivements - Jail Terms 3555 years
- Life Sentences - 542
22OUTPUTS AND TARGETS AS SUBMITTED FOR ENE FOR THE
PERIOD 2005/2006
- OUTPUT Efficient and Effective Support
Services to Vulnerable and Intimidated Witnesses
and Related Persons on the programme. - NO Witnesses or Related Persons on the
programme to be Threatened, Harmed or
Assassinated TARGET ZERO ACHIEVED. - Number of witnesses Voluntary Walking Off the
programme 12 TARGET ZERO TARGET NOT
ACHIEVED- Problematic Witnesses, High Flyers. - REDUCTION in Number of Grievances Reduced to
1 TARGET ACHIEVED.
23OUTPUTS AND TARGETS AS SUBMITTED FOR THE FOR THE
PERIOD 2005/2006
- OUTPUT Fast Tracking of WPU cases within CJS
Reduce Cycle Time of witnesses Stay on
programme. - OUTPUT Enhance Investigations and
Prosecution, witness on programme providing
Essential Evidence. Target 90 of cases
Achievement 95 of cases Target Exceeded.
24MAJOR PRIORITIES 2006/2007
- CONTINOUS Redesign and Transformation of WPU
to Ensure Excellent in Service Delivery and to
Achieve Strategic Objectives - FURTHER developing and Sustaining Sleek World
Class Operating Model and Setting World
Standards. - DEVELOP and Phase in Own Capacity, Sustain
Specialized Training Current and Future and to
Procure Specialized Equipment supporting
training due to inherent nature of Witness
Protection. - SUSTAIN Clean Bill of Health from Auditor
General.
25MAJOR PRIORITIES 2006/2007
- SUSTAIN Efficient and Effective Support
Services to Vulnerable and Intimidated
Witnesses, Related Person, Law Enforcement and
Prosecutions, Nationally and Internationally
Revitalise Batho Pele. - EFFECTIVE and Efficient Administration,
Operations and Financial Management. To Ensure
Cost Effectiveness and Value for Money. - CONTINUE Lobbing for Appropriate Budget to meet
Demand for Services, the Impact of Inflation on
Budget and need to provide Aftercare, Develop
World Standards and phase in Own Capacity.
26SEXUAL OFFENCES AND COMMUNITY AFFAIRS
ADV THOKO MAJOKWENI HEAD SOCA UNIT
27THE AREAS OF FOCUS ARE THE FOLLOWING
- Rape
- Other forms of Sexual Exploitation
- Forced and early marriages
- Trafficking in women and children involving
labour, sexual and other violence - Destructive Female Genital Mutilation
- Domestic Violence
- HIV/AIDS in relation to Human trafficking,
Sexual and Gender-Based Violence - Maintenance
- Child Justice
28THE ANTI-RAPE STRATEGY PROJECT GOVERNANCE
STRUCTURE
Cabinet Committee Social Cluster
IMCS Inter Ministerial Committee on Safety,
Security and Intelligence
Joint DG Cluster Justice and Social
DG NDPP Lead Department
Civil Society Reference Group
Government Reference Group
IDMTInterdepartmental Management Team Led by
SOCA
Programme Office
Research Steering Committee
Project Investment and Analysis
Project Crisis Management
Project Good Practice
Advice Input Reporting
Survive and Fix the Bad
Accelerate the Good
Build the New
29MATRIX FOR ACTION FOR THE ANTI-RAPE STRATEGY
CHOICES NEED TO BE MADE ABOUT WHERE TO DISTRIBUTE
ENERGY AND RESOURCES
What is Bad?
What is Good?
What is Missing?
- Lack of safe places - situational and
environmental - High backlog in cases
- Limited roll out of services to rural areas
- Education campaigns
- Thuthuzelas, SO courts, Victim-friendly spaces in
police stations - Victim empowerment initiatives
- A profile of offenders and victims
- Blueprint to fix CJS for effectiveness in dealing
with rape cases - Relevant and systematic support
Prevention
Reaction
Support
- A balance must be found across the actions
- Key choices need to be made in terms of how to
prioritise which department needs to react
30PILLAR 1 PREVENTION THE PREVENTION AGENDA IS
THE ULTIMATE GOAL OF THE ANTI RAPE STRATEGY
Reduce the Incidence of Actual Rape
- Focus on offenders and victims
- behavioral issues
- belief issues
- social issues
- Systematic reduction is long term in nature
- Benefits accrue on an ongoing basis
- some immediate actions already possible
- short medium and long term actions will arise
from analysis
31PILLAR 2 - REACTION CHOICES NEED TO BE MADE
ABOUT THE DESIRED OUTCOMES OF THE CJS SPEED,
COST AND CONVICTION
- The overall objectives should be designed to
improve the CJS over the long term relative
trade-offs are necessary between objectives. It
is unlikely that evolutionary change can
fundamentally restructure the performance
- Accepting delays
- Clearing cases within time limits
- Capacity scheduling
- Utilisation
System Reconfiguration
NPA JUSTICE
SOCIAL WELFARE
HEALTH
POLICE
Cost
Conviction
- Usage of DNA testing
- Victim empowerment Prep
- The CJS can only be redesigned once we know what
it should achieve
32CONVICTION RATES APRIL O4 APRIL 05 A MEASURE
OF SUCCESS AND ACCOUNTABILITY GENERATION FOR
OFFENDERSJ COURT IS THE COURT THAT IN THIS
PERIOD EXCLUSIVELY DEALT WITH TCC CASES
33PERFORMANCE AGAINST TARGETS FOR 2005/2006
- IMPLEMENTING THE ANTI-RAPE STRATEGY MATRIX FOR
ACTION - The continuous upgrading of dedicated courts
for Sexual Offences for blue print compliance
13 courts added to 54 totaling 67 - Improving systemic capacity 898
multi-disciplinary role-players underwent skills
development through SOCA - Establishment of 5 more multidisciplinary care
centres (Thuthuzela Care Centres Umlazi,
Phoenix, Mamelodi, Natalspruit - Katorus area
and Mafikeng ) - The total of child and adult victims/survivors
attended to at the TCCs following the blue
print model - 2005-2006 5000 new rape cases 3000 other
sexual and domestic violence - 2004-2005 2600 new rape cases 1600 other
sexual and domestic violence - Victim Support Services
- established an inter-sectoral team to draft a
uniform protocol for all service providers not
covered under the Victims charter - appointment of site coordinators in all 10
TCCs as well as Victim Assistance Officers and
Case Managers
34PERFORMANCE AGAINST TARGETS FOR 2005/2006
- PUBLIC EDUCATION AND AWRENESS CAMPAIGNS ALL
PROVINCES - Adopt a School Project continues to be a
success and more prosecutors are visiting
schools and mentoring children with increased
ownership of the communities they serve - Speak out campaign on human rights affecting
women and children 356 478 learners in 450
schools in the previous year and focused on
community leaders for the year under review. We
reached 477 leaders in Upington, Bloemfontein,
Parow, Odi, George and, Nelspruit. - 48 Representative Traditional leaders from 6
Provincial Houses of Traditional Leaders as well
as the National house were trained on their role
on violence against women and children as well
as children as offenders. They are in the
process of developing uniform procedure manuals
in this regard. - 16 Traditional Ambassadors were nominated to be
the representatives of traditional leaders in
NPA/SOCA outreach programmes in all provinces
35PERFORMANCE AGAINST TARGETS FOR 2005/2006
- INCREASE IN THE NUMBER OF DIVERTED CHILD
OFFENDERS AND A DECREASE IN RESIDIVISM - July 1999 March 2005 89425
- April 04 March 05 18523
- April 05 December 05 26370
- July 1999 December 2005 115 795
-
36PRIORITIES FOR 2006/07
- Provinsialisation
- Ensuring a mainstreamed focus on human
trafficking sexual and gender based violence in
the regions by capacitating offices of directors
of public prosecutions with SOCA personnel to
initiate and maintain such focus, starting with
three regions namely Western Cape (highest number
of child offenders and rape cases overall second
only to Gauteng), Eastern Cape (poorest and most
under resourced province) and KwaZulu Natal
(highest number of child rapes). - THUTHUZELA care centres and dedicated courts
for sexual offences - In line with our vision of all rape cases to be
heard in dedicated courts by 2010, the unit
intends to intensify the role our process for
sexual offences courts and Thuthuzela care
centres. At least 18 TCCs are to be in place be
end 2006 and a 100 courts by end 2006. - Skills development
- The systemic capacity is defined by a number of
skilled people required to operationalise it.
Staff turnover and general lack of expertise
demands the process of skills development a
continuous process. We expect to train 150 role
players of which 100 will be prosecutors in the
first quarter.
37PRIORITIES FOR 2006/07
- Effective and efficient maintenance process
- An expeditious and effective maintenance system
can play a role in the evaluation of poverty for
women and children thus allowing the NPA to
actualise its bias for the poor. Our competitive
advantage is that we have 10 senior maintenance
prosecutors who can focus on this outcome and
create efficiency in at least 15 courts
nationally. -
- Public education programs
- The SOCA Unit has in partnership with the SABC
and Unicef crafted a program to empower 45 girl
children as mentors and role models for girl
children in the country. This program will reach
1000 girls in all provinces by the end of 2006.
The second project is the speak-out industrial
play which will be role out to at least 100
schools by the first quarter. The third project
will focus on adult workshops in 9 identified
communities one per province. We will initiate a
boys movement on violence against women and
children, targeting 100 boys per province.
-
38PRIORITY CRIMES LITIGATION UNIT
ADV ANTON ACKERMANN SC HEAD PCLU
39PERFORMANCE AGAINST TARGETS 2004 / 2005
- 1. TRC Prosecutions
- Audit of 300 cases on hand in NPA structures.
- Closure of 167 cases. No grounds for
prosecution. - Prosecutions instituted in S v Terreblanche, S
v Blani and S v Nieuwoudt 2 Others. - Further prosecutions put on hold in November
2004 pending the formulation of guidelines. - Assistance provided to reconvene Motherwell
amnesty hearing. - Constitutional Court grants State leave to
appeal in S v Wouter Basson.
40PERFORMANCE AGAINST TARGETS 2004 / 2005
- 2. Missing Persons
- TRC reports 477 cases.
- Researcher appointed to audit report.
- 150 cases justifying investigation identified.
- 3. Nuclear Proliferation
- (i) S v Asher Karni
- Urgent assistance given to US Government to
Investigate the import and export of nuclear
devices from Cape Town. Assistance results in
the arrest and conviction in the USA of an
accused. US Government formally commends PCLU.
41PERFORMANCE AGAINST TARGETS 2004 / 2005
- (ii) S v Geiges Wisser
- PCLU instrumental in exposure of South African
businesses linked to an international syndicate
supplying Libya with nuclear weapons technology.
Two directors of a local company charged.
Prosecution pending. - 4. Proliferation of Chemical and Biological
Warfare Agents - PCLU institutes first ever prosecution for this
type of offence. Company pleads guilty and
convicted. - 5. National and International Terrorism
- Advice given to SAPS, NIA and DFA in several
matters. - 6. Statute of Rome
- A number of enquiries attended to
42PERFORMANCE AGAINST TARGETS 2004 / 2005
- 7. Foreign Military Assistance
- Attempt to overthrow the Government of
Equatorial Guinea - PCLU manages investigation into the involvement
of South African citizens. Three South Africans
and one UK citizen are arrested and plead
guilty in terms of section 105A of Act 51 of
1977. - South Africans Performing Security Services in
Iraq - A number of enquiries conducted but problems
with the existing legislation identified. PCLU
recommends amendment of Act.
43PERFORMANCE AGAINST TARGETS 2005 / 2006
- 1. TRC Prosecutions
- Failure to finalise guidelines results in no
further prosecutions being instituted. - Late 2005 Constitutional Court sets aside TPD
and SCA rulings in respect of jurisdiction for
conspiracies for external crimes in S v Wouter
Basson. - 2. Missing Persons
- Remains of 23 victims located and exhumed.
Forensic analysis in progress to confirm
identities. - Official hand-over of remains of five victims
at special national ceremony. - Financial assistance provided to families.
- Liaison with stakeholders re memorialisation.
- Partnership with Argentine forensic
anthropology team.
44PERFORMANCE AGAINST TARGETS 2005 / 2006
- Missing Persons continues
- Local capacity building project launched.
- Initiatives to develop specialised DNA
analysis. - Partnerships with civil society.
- Assistance provided to Namibia in respect of
recent discovery of mass graves. - 3. Nuclear Proliferation
- S v Geiges Wisser
- Provisional indictment served. Accused appeared
in Pretoria High Court in May 2005.
Investigations continue. - Three other cases within international
implications under investigation.
45PERFORMANCE AGAINST TARGETS 2005 / 2006
- 4. Foreign Military Assistance
- The plot to overthrow the Government of
Equatorial Guinea - Two further accused convicted and sentenced.
Nine further accused to stand trial in August
2006. - Security services in Iraq
- Problems identified with proposed amendments to
the Act. These still have to be addressed. - 5. Conventional Arms
- Shipping company pleads guilty to conveying
conventional arms destined for the Middle East
without permits. - Employee of arms manufacturer acquitted on
charges for supplying his companys technology
to a foreign military power. - A number of alleged irregularities with Armscor
and the Directorate of Conventional Arms Control
under investigation. - Less serious cases put on hold due to staff
constraints.
46PERFORMANCE AGAINST TARGETS 2005 / 2006
- 6. Matters Impacting on State Security
- PCLU advises national and international bodies
of shortcomings in existing legislation. - PCLU provides briefing to Standing Committee of
United Nations Security Council.
47MAJOR PRIORITIES FOR 2006/2007
- 1. TRC CASES
- Guidelines approved.
- Finalisation of process essential.
- Five cases with good prosecution prospects
identified. - Ten cases warrant further investigation.
- Press statement by NDPP leads to requests by
victims to investigate further matters. - Liaison with other State departments and
Directors of Public Prosecution essential to
finalise cases. - 2. MISSING PERSONS
- Additional staff appointed.
- Pace of investigations and exhumations to be
accelerated. - Policy must be formulated concerning cases
outside the borders of the Republic.
48MAJOR PRIORITIES FOR 2006/2007
- Missing Persons continues..
- Development of local forensic team with
relevant skills prioritised. - Integration with memorialisation structures.
- Cooperation with other Government departments
and stakeholders. - Development of additional DNA capacity.
- Additional assistance to Namibia may be
required.
49MAJOR PRIORITIES FOR 2006/2007
- 3. Nuclear Proliferation
- Four similar matters to be prioritized.
- 4. Foreign Military Assistance
- Plot to overthrow the Government of Equatorial
Guinea Prioritizing outstanding prosecutions. - Security Services in Iraq Awaiting amendments
to the Act. -
- 5. Matters Affecting State Security
- PCLU intends making recommendations to amend
legislation. - PCLU prioritizing coordinated law enforcement
approach.
50THE END
THANK YOU