presentation of the npa strategic plan for 2013/18 and annual performance plan 2013/14

PRESENTATION OF THE PRESENTATION OF THE

NPA STRATEGIC PLAN FOR 2013/18 AND NPA STRATEGIC PLAN FOR 2013/18 AND

ANNUAL PERFORMANCE PLAN 2013/14 ANNUAL PERFORMANCE PLAN 2013/14

ADV NOMGCOBO JIBAADV NOMGCOBO JIBA

23 APRIL 201323 APRIL 2013

1

CONTENTSCONTENTS

1. Introduction

Mission, Vision and Values

2. Mandate

Constitutional, Legislative and Policy

3. Changes made in current plans

4. Strategic Objectives and Targets

5. Resourcing

2

NPA Strategic Plan 2013-2018 NPA Strategic Plan 2013-2018

3

INTRODUCTIONINTRODUCTION

4

INTRODUCTIONINTRODUCTION - VALUES

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CONSTITUTIONAL AND LEGISLATIVE MANDATECONSTITUTIONAL AND LEGISLATIVE MANDATE

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LEGISLATIVE MANDATE CONT.LEGISLATIVE MANDATE CONT.

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POLICY MANDATE POLICY MANDATE

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AMENDMENT TO PLANS AMENDMENT TO PLANS

• Severe budget constraints have necessitated a scrutiny of the indicators and

targets limiting the scope on high impact indicators and realistic targets

• The NPA remains committed to the strategic direction embarked on over the

past three years and the plans in essence remain unchanged

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Strategic Plan 2013-2018Strategic Plan 2013-2018

• The Strategic Plan 2013/18 is premised on the refined JCPS Delivery

Agreement and the contribution of the NPA to achieving its objectives and

targets

• The strategic objectives have been streamlined and the performance indicators

revised on review

• The percentage improvement per year has been maintained

10

StructureStructure

• There have been no structural changes in the NPA

• The current structure ensures tight high level oversight over all sub-

programmes (DNDPPs and CEO)

• General prosecutions and specialisation are adequately catered for in the

structure of sub-programmes

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Office of the NDPPNDPP

N Jiba (Acting)

DNDPP:AFU

W Hofmeyr

DNDPP:NPS

T Majokweni(Acting)

DNDPP:Legal AffairsN Mokhatla

DNDPP:NSSD

S Ramaite

DPPs

CEO:K van Rensburg

(Acting)

DG: DOJ N Sindane

SOCA PCLU SCCU OWP

Regional HeadsRegional Heads

MinisterJT Radebe

Regional Heads

Regional Heads

Deputy MinisterAC Nel

DCEO:B Sisulu

NPA Organisational StructureNPA Organisational Structure

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NPA Strategic OverviewNPA Strategic Overview

NPA Strategic ObjectivesNPA Strategic Objectives

• The following are the strategic objectives of the NPA:

– Increased prosecution of serious and priority crime

– Improved collaboration with JCPS partners

– Reduced corruption

– Improved justice services for the victims of crime

14

Amendments to Strategic Objectives and IndicatorsAmendments to Strategic Objectives and Indicators

• The strategic plan has been streamlined and has fewer strategic objectives

(previously 5, now 4)

• The strategic objective for cybercrime has been removed and the strategies

relating to output 5 of the JCPS Delivery Agreement have been incorporated

under the first strategic objective as cyber crime is a serious crime

• Indicators have been streamlined to ensure a better focus with limited resources

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Strategic Objective 1Strategic Objective 1

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Performance Indicators: Strategic Objective 1Performance Indicators: Strategic Objective 1

Strategic Objective 1: Reasons for review of Strategic Objective 1: Reasons for review of indicatorsindicators

• Previous indicators did not adequately reflect efforts of prosecutors to address all

types of serious and priority crimes.

• All matters prosecuted in the regional and high courts fall within the category of

serious crime (strategic objective indicator).

• The method of calculation of the previous conviction indicator caused confusion.

• The prosecutors prosecute cases and a sentence is the prerogative of the presiding

officer, the prosecutor addresses the court on aggravating factors but the desertion

remains that of the presiding officer

• Sentences for serious offences will be tracked internally

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• Reduced from 2 to 1 strategic objective indicator

– Less indicators at high level ensure clear focus of strategy

• The indicator for overall conviction rate removed

– Indicator for convictions in all forums is retained in the APP

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• There is no change to the indicators

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• There is no change to the strategic objective indicators

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Risk Management Risk Management

• The NPA identified the following top five risk:

– Emerging crime trends

– Resource capacity

– Stakeholder management

– Information and knowledge management

– Public perception and reputation of NPA

• Mitigation plans will be developed and implementation monitored

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NPA NPA

ANNUAL PERFORMANCE PLAN ANNUAL PERFORMANCE PLAN

2013/142013/14

2727

NPA Strategic Objective 1 Annual Targets NPA Strategic Objective 1 Annual Targets

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Programme Performance Indicators and TargetsProgramme Performance Indicators and Targets

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Amendments in Performance IndicatorsAmendments in Performance Indicators

Reasons for review of indicatorsReasons for review of indicators

• The backlog figure for the regional and high courts is already contained in the

backlog indicator under strategic objective 2

• Cybercrime has been moved from sixth strategic objective to the first

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NPA Strategic Objective 2 Annual Targets NPA Strategic Objective 2 Annual Targets

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Programme Performance Indicators and TargetsProgramme Performance Indicators and Targets

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NPA Strategic Objective 2 Annual Targets 2013/14NPA Strategic Objective 2 Annual Targets 2013/14

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Amendments in Performance IndicatorsAmendments in Performance Indicators

Reasons for review of indicatorsReasons for review of indicators

• The following programme performance indicators were moved to NPS APP

– Number of appeals finalised in the high court

– Number of appeal backlogs

– Clearance ratio on decision dockets

• Indicator for prosecutions for vacancy rate removed

– Moved to Support Services APP, for better alignment and ownership of plan

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NPA Strategic Objectives 3 Annual Targets NPA Strategic Objectives 3 Annual Targets

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Programme Performance Indicators and Targets Programme Performance Indicators and Targets

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• Strategic objective indicators reduced for better focus

• Indicators removed were moved to relevant business unit APPs

• Number of freezing orders relating to corruption where the amount involved is more

than R5m

– Changed to value of freezing orders. Focus is more on the value than the quantity

– Focus on R5m involved rather than R5m assets restrained captures corruption activities

even though assets are dissipated

• Time to finalise internal disciplinary cases relating to corruption was moved to

Support Services Annual Plan

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NPA Strategic Objectives 4 Annual Targets NPA Strategic Objectives 4 Annual Targets

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Programme Performance Indicators and Targets Programme Performance Indicators and Targets

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• Indicator relating to percentage of cases reported at TCCs referred to court for

prosecution was moved to SOCA’s APP

• Value of compensation orders obtained is a better indicator which the NPA has

control over rather than paid to victims of crime

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RESOURCINGRESOURCING

2013/142013/14

4545

BUDGET STATUS BUDGET STATUS

2012/132012/13

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NPA Overall Budget & Expenditure as at the 31NPA Overall Budget & Expenditure as at the 31stst of of March 2013 (Preliminary - UNAUDITED)March 2013 (Preliminary - UNAUDITED)

47

Background on projected overspending on Background on projected overspending on Compensation of EmployeesCompensation of Employees

• Leave to appeal was denied by the Constitutional Court in November 2012 in respect of

the implementation of the 2005/2006 JE’s for Prosecutors.

• The NPA implemented the Job Evaluation (JE) award and payments have already been

made amounting to over R 53 m.

• Interest on the backdated JE’s was also payable but a settlement agreement was

reached with organised labour to forfeit the interest so that funds be made available for

the payment of performance bonuses.

• AENE request for JE unforeseen in 2012/13 was not supported by DoJ&CD

• MTEF request for additional funding not approved

• This was highlighted in previous Portfolio Committee meeting.

48

Occupation Specific Dispensation for Legally Occupation Specific Dispensation for Legally Qualified ProfessionalsQualified Professionals

• Phase 1 of the OSD for Legally Qualified Professionals for the NPA was implemented

during October/November 2008 which led to an increase in the COE for prosecutors. This

was backdated to 1 July 2007.

• NT allocated a once off amount for the implementation of Phase 2 during the 2010/2011

financial year however the approval for implementation was only received at the end of

November 2010. This led to part implementation by the end of the financial year and

funds had to be surrendered to NT. This therefore led to the NPA to carry the balance of

the cost for implementation of Phase 2. The amount was about R 30m.

• The effect of Phase 2 implementation which was the recognition of relevant legal

experience placed salaries at higher levels with a run through effect on the COE.

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Cost savings implementedCost savings implemented

• The NPA implemented the following cost saving measures:

– Filling of posts and contract extensions only if approved by EXCO.

– All overtime approved by CEO. Expenditure reduced with 31%.

– Procurement of all furniture, equipment and other assets limited to critical needs.

– Training sessions and workshops. Expenditure iro Venues and Facilities reduced with 39%.

– Outsourcing of services, section 38 appointments and temporary appointments. Expenditure reduced with 41%.

– Travelling and Subsistence's (accommodation and use of private motor transport). Expenditure increased with 2% which is significantly below inflation.

– Communications – decrease in landline limits resulted in 4% decrease in expenditure.

– No new additional accommodation and parking.

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Expenditure Management Expenditure Management

• Centralisation of budget management as from beginning of February 2013.

• Aspirant prosecutor programme put on hold.

• Current budget already cut to the bone; any further cuts will have an impact

on overall NPA operations.

• Irregular expenditure down and recovery of fruitless and wasteful

expenditure.

• Accruals amounting to R10.8m (unaudited)

• 30 days – R499k (unaudited)

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Audit OutcomesAudit Outcomes

• 2006/07 – Qualified opinion

• 2007/08 – Disclaimer of opinion



• 2010/11 – No audit qualification – emphasis of matter

• 2011/12 – No audit qualification – emphasis of matter

Compliance in Government is becoming labour intensive and costly.

Without sufficient funding there is a high probability that it will have an

negative impact on audit findings.

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MTEF BUDGET ALLOCATIONMTEF BUDGET ALLOCATION

2013/14 – 2015/16 2013/14 – 2015/16

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Overall DoJ&CD Budget growth over the MTEF PeriodOverall DoJ&CD Budget growth over the MTEF Period

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Overall DoJ&CD Percentage Budget growth over the Overall DoJ&CD Percentage Budget growth over the Medium Term Medium Term

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Overall DoJ&CD Total increase over the MTEF PeriodOverall DoJ&CD Total increase over the MTEF Period

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Budget allocation for the NPA per sub programme Budget allocation for the NPA per sub programme over the MTEF period (R’000)over the MTEF period (R’000)

Budget allocation for the NPA per economic Budget allocation for the NPA per economic classification over the MTEF period (R’000)classification over the MTEF period (R’000)

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NPA Percentage Budget growth over the Medium Term NPA Percentage Budget growth over the Medium Term Budget Allocations (R’000) Budget Allocations (R’000)

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G&S Budget allocation for the NPA over the MTEF period G&S Budget allocation for the NPA over the MTEF period (R’000) (After reprioritisation)(R’000) (After reprioritisation)

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CoE vs G&S Budget allocation for the NPA over the MTEF CoE vs G&S Budget allocation for the NPA over the MTEF period - % Growth (After reprioritisation)period - % Growth (After reprioritisation)

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Budget allocation for the NPA per economic classification Budget allocation for the NPA per economic classification over the MTEF period - % Growthover the MTEF period - % Growth

Budget allocation for the NPA per economic classification Budget allocation for the NPA per economic classification over the MTEF period - % Growth (After reprioritisation)over the MTEF period - % Growth (After reprioritisation)

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Compensation of Employees, Goods & Service and Compensation of Employees, Goods & Service and Other Ratio over MTEF period (Before reprioritisation)Other Ratio over MTEF period (Before reprioritisation)

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Compensation of Employees, Goods & Service and Other Compensation of Employees, Goods & Service and Other Ratio over MTEF period including R100m reprioritisationRatio over MTEF period including R100m reprioritisation

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Anticipated CoE budget shortfall – 2013/14 (Year 1)Anticipated CoE budget shortfall – 2013/14 (Year 1)

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• The NPA has an average salary bill of R 189,7m per month and R 2,3 billion per annum

• 6.6% cost of living adjustment per year amounts to R150m (R12m per month) for all NPA employees. SMS adjustment not yet finalised and projected at 5.6%. Additional funding from National Treasury not guaranteed.

• Anticipated salary bill for 2013/14 is R 202m per month and R 2,4 billion per annum.

• Shortfall of R 26m on current filled posts. R2,4 billion is insufficient to pay all the actual employees within the NPA. This includes the additional funding received for new TCCs i.r.o CoE (R20m in year 1).

Anticipated CoE budget shortfall – 2014/15 and 2015/16 Anticipated CoE budget shortfall – 2014/15 and 2015/16 (Year 2 and 3)(Year 2 and 3)

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• 6.6% (Y2) and 5% (Y3) cost of living adjustment per year adjustment included for outer two years.

• Additional funding received for new TCCs iro COE amounts to R24m (Y2) and R28m (Y3).

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Performance RewardsPerformance Rewards

Performance Rewards (notches and bonuses):• The NPA has to force savings within Goods and Services to fund this

expenditure• Notches have a carry through impact on outer years• Performance rewards will be paid in line with the overall performance of

the organisation against predetermined targets

Anticipated CoE budget shortfall – 2014/15 and Anticipated CoE budget shortfall – 2014/15 and 2015/16 (Year 2 and 3)2015/16 (Year 2 and 3)

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• Carry through cost for notches included (R33m in year 2 and R 34m in year 3).

• 5% Performance rewards increase included (R78m in year 2 & R 82m in year 3).

• Goods and Service baseline reductions (R12,6 m in year 2 and R 45m in year 3)

will have further impact on the performance indicators as set out in the ENE.

• Additional funding allocated during the 2013 MTEF process for capacity increase

within the SOCA unit (previously funded by Donor funds) (R20m in 2013/14;

R30m in 2014/15 and R 35m in 2015/16) was funded by NPA core during

2012/13 and reprioritised back to NPS.

What led to the crisis within the NPA What led to the crisis within the NPA

• Carry through cost of OSD-higher than anticipated

• Expansion of the salary bands and ceilings through the implementation of

OSD

• The budget allocations of the notches in respect of performance awards

increased from 1% to 1.5%. Accumulative shortfall of R78m

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Impact of OSD on budget of the NPAImpact of OSD on budget of the NPA

• The OSD made the gaps between the notches 1.5%. Previously the gap varied and

in some cases was lower below 1%. The DPSA recognised this and increased the

maximum limit from 1% to 2% of the wage bill

• The OSD also lengthened the salary bands considerably. Examples:

• An SSA first notch earned R438732 and top notch R 486 423. Top notch was 10,9% higher than the

lowest notch. Now first notch is R 623 280 and top notch R 974 253. Top notch is 56.3% above the

lowest.

• District prosecutor: first notch was R187 566 and top R 335 253. Now difference is 78,7%

• Regional Court prosecutors first notch was R456 523 and top R 756 381. Now difference is 65.7%

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Alternative fundingAlternative funding

• The NPA is currently in the process of obtaining approval for the exception of

$ 10m from USAID for Aids awareness and establishment of TCC’s over a

period of 5 year.

• Outstanding commitment by SIU to support virement of R30m

• SASSETTA provide 25 interns and 9 aspirant prosecutors

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Alternative fundingAlternative funding• New CARA bid amounting to R45m for curators submitted during March 2013 – not yet approved.

• R20m for ACTT curators approved, awaiting payment – Already expense R11m.

• CARA funds received only for specific projects:

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Alternative funding: IJS FundingAlternative funding: IJS Funding

• Funding received through IJS during 2012/13 for:– SITA SLA – Development, MNT and Support– New SAN and Rental of current SAN– Procurement of Laptops for prosecutors– ECMS Training– Kofax, Galix Hardware Sonic Firewall and Software– Process Clerks– ECMS JAD Accommodation and Traveling

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Alternative funding: IJS FundingAlternative funding: IJS Funding

• New IJS budget allocation for the outer years

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Impact of CoE budget shortfallImpact of CoE budget shortfall

• Performance rewards must be paid from forced savings.

• No funds to continue with aspirant prosecutor programme.

• No funds to fill vacancies even those that arise within the year.

• Bigger workload on current employees will lead to inability to prosecute bigger high priority cases.

• Absenteeism from work due to work related stress – unhealthy workforce.

• The NPA would not be able to deliver justice as a government priority.

• Lack of back office support.

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Way forwardWay forward

• Request assistance in obtaining additional funding.

Thank youThank you

7878

presentation of the npa strategic plan for 2013/18 and annual performance plan 2013/14

Documents

strategic direction

npa strategic plan

fewer strategic objectives

indicatorsthe strategic

performance indicators

serious crime indicators

high impact indicators

npa organisational structure